Overarching Policies

PRIVACY POLICY

This Website that you are visiting, www.eosfitness.com (the “Website”), is owned by EōS Fitness Opco Holdings, LLC (the “Company”).
Company and its subsidiary companies respect the privacy rights of our online visitors and recognize the importance of protecting the information collected from you. We have adopted a corporate-wide Online Privacy Policy that guides how we collect, store, and use the information you provide online. Please note that this policy applies only to sites maintained by Company and its subsidiaries, and not to websites maintained by other companies or organizations to which we link.

If you have questions or concerns regarding this statement, you should first contact Company at the email address or postal address specified on Website.

INFORMATION COLLECTION AND USE


EōS collects various categories of your personal information. Our primary goal in collecting this information is to provide you with a more personalized consumer experience, to share information about our products and services, to communicate with you, and to help you manage your registered user account if you have one. Specifically, EōS collects these categories of information for the following purposes:

1. Demographics: EōS collects your name, address, phone number, email address, and billing information for the purpose of providing you with the use of the gym facilities. In addition, we may use your contact information to market to you, and to provide you with information about our products and services.
2. Body Measurements: Your height, weight, and body fat for purposes of providing personal training services.
3. Fingerprints: Fingerprints are scanned and converted to a binary key for the verification of your identity at various facilities in order to validate usage of some gym services such as Personal Training. The actual fingerprint is not saved. The binary key created from the fingerprint scan cannot be reconverted to the original fingerprint image.
4. Gym Usage: We track your gym usage to track max capacity, for market research, for providing future services, and for other internal marketing purposes.
5. Log and Geolocation Data: When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, mobile device location, browser type or the domain from which you are visiting, browser location, the websites you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Website and of our Service, and for the Website’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
6. Cookies: We use cookies and other technologies to passively collect demographic information, personalize your experience on our Website and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within websites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store or pages you have viewed. This information is used to keep track of your shopping cart and make sure you don’t see the same ad repeatedly. Also, we use cookies to deliver content specific to your interest and to monitor Website usage. Some of our sites use an outside ad company to display ads. These ads may contain cookies. Our ad companies collect cookies received with banner ads, and Company does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However, some areas of our Site will not function properly if you do so. Please note that this Privacy Policy covers the use of cookies by Company only and does not cover the use of cookies by any advertisers.
7. Other Technologies: Other technologies used include clear GIFs and IP address logging. Clear GIFs also known as web bugs, beacons or tags, are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages. We use third-party vendor Google Analytics to allow tracking technologies and remarketing services on this Website through the use of first-party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Website, determine the popularity of certain content, and better understand online activity. This data is anonymized, only presents general demographic information, and is not used to identify you personally. By accessing our Website, you consent to the collection and use of your information by Google Analytics. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to the third-party vendor. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor Google Analytics site to make your selections to opt out of this tracking.
8. Minor Privacy: We collect information from minors that is required to register and maintain their membership. Information collected includes the child’s name, parent or guardian’s name and/or email address, gender, and birthdate to validate their age. EōS will not request more information than necessary to register and maintain their membership. EōS does not knowingly collect any other personal identifiable information from children under the age of 13. Parents must sign up on behalf of their child for a membership if the child is under the age of 18. If a child under 13 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us by emailing us at removalrequest@eosfitness.com. We will remove the information and unsubscribe your child from any of our electronic marketing lists in compliance with U.S. Children’s Online Privacy Protection Act (COPPA). Where required by applicable law, we will ask children for consent from their parents or guardians before we activate their membership, or provide a product or service to them. Consistent with COPPA, we will send an email to the parent or guardian to obtain consent prior to collecting personal information from their child, how consent can be provided, how we plan to use it, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity. We will not use parent or guardian emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact (such as with their own membership with EōS). To protect children’s privacy and security, we will take reasonable steps to help verify a parent or guardian’s identity before granting access to any personal information.

Use of Contact Information:  If you decide at any time that you no longer wish to receive communications from us, please follow the unsubscribe instructions provided in any of the communications. If you wish to request complete removal of all your personally identifying information, please submit a request by calling 888-827-9262 or email removalrequest@eosfitness.com.

THIRD PARTIES

Third-Party Services: Users may register or purchase other services from our Website. Certain products and/or services available on our Website are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. This includes affiliate links which may track personally identifiable information if you click on them, such as IP addresses and geolocation. Such products and/or services shall be identified by the name of the third-party partners or affiliates at the point of registration or in designated areas of the website and/or app which indicate our partners and affiliates. If you elect to register or purchase for such products and/or services, or click on any links which redirect you to those partners or affiliates, your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services.

Service Providers: We engage certain trusted third party(s) to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third party(s) to maintain the privacy and security of your data.

Law Enforcement: We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Company or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Business Transfers: We may sell, transfer or otherwise share some or all of our assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.

AI Chatbot: By submission of your questions to the chatbot, you have consented to use of the chatbot under these terms and conditions and EōS privacy policy. You are not required to use the chatbot. The chatbot is solely intended for your convenience and is not intended to provide advice on your fitness journey. By submitting questions to the chatbot, you have agreed that your inputs may be recorded and stored for EōS usage in monitoring and improving our systems, website, and services. Your questions may be used to further train and improve the AI system. Once that information has been input, it cannot be deleted from the system. Please do not submit personal information through the chatbot that you do not want recorded. Please be aware that the responses and output to your submissions will have been generated by an AI system solely off information contained on this website, in conjunction with the questions you have submitted. The responses and output may contain errors, inaccuracies, hallucinations, or information that is out of date, or which do not apply to you, or to the questions you have submitted. The responses and output are provided as-is without any warranties or representations of accuracy and should be used only as a potential reference point for further research. EōS strongly recommends that you not rely on this information but instead consult with relevant experts or authorities, especially in regard to any personal health information you have submitted. EōS disclaims any liability for damages or losses resulting from the use of or reliance upon this information.

CONSUMER DISCLOSURES

Authorized Agent: In order to designate an authorized agent, you must submit a notarized, power of attorney, along with verification of your own identity, to 5005 Lyndon B Johnson Fwy, #1150, Dallas, TX 75244. Your authorized agent will need to provide their own sufficient identifying information so that we may verify their identity when they exercise rights on your behalf.

Consumer Privacy Rights: Subject to verification of your personal identity or verification of the identity of your authorized agent, it may be requested what personal information or categories of personal information we have collected of you, our sources for collection of your personal information, how we use that information, and what third party(s) we have shared that information with. We do not sell your information to third parties. We do not discriminate against users who exercise their rights to privacy.

In order to make requests for information regarding what personal information we have collected, call the toll-free number 877-827-9262. You may make requests for the information up to twice in any 12-month period. Once your request is verified, we will provide a response to your request. To request removal of all personal information, please call 877-827-9262 or email removalrequest@eosfitness.com.

VIDEO SURVEILLANCE

Procedures: The purpose of this Operating Procedure (OP) is to regulate and establish procedures regarding the use of video surveillance (“video surveillance systems” or “VSS”) for purposes of safety and security. Management periodically assesses where VSS are or should be installed for the purpose of protecting EōS Team Members and Members. Management will maintain a master inventory of all video surveillance cameras installed on EōS premises.

Equipment and Network Maintenance: Troubleshooting, routine maintenance, and minor repairs of VSS equipment, and software will be handled by management.

Placement of Video Surveillance Systems: All VSS cameras are located so that personal privacy is protected. Use of VSS in locker rooms, shower areas, or other areas where there would be a reasonable expectation of privacy will be avoided with respect to all surveillance within the scope of this OP. Kids’ Clubs may be monitored at all times by a video surveillance system and may also be broadcast live on televisions accessible to third parties on television displays within the gym and on treadmills so parents can view their children if they choose to. There shall be no reasonable expectation of privacy in Kids’ Clubs.

Required Notice of Video Surveillance: While there is no legal requirement to do so, signs may be posted at each gym entrance notifying individuals that they are under surveillance. The following language may be used: “This area is monitored at all times by a video surveillance system. For questions, please contact EōS management at directorlp@eosfitness.com.” Signs may be posted at the entrance to each Kids’ Club with the following language: “This area is monitored at all times by a video surveillance system and may be broadcast live on televisions accessible by third parties. For questions, please contact EōS management at directorlp@eosfitness.com.”

Security and Retention of Video Surveillance System Recordings: Surveillance records for VSS are typically stored for a period of not less than thirty (30) days, and will be erased or written over as space is needed, unless retained as directed by EōS management. VSS records may be retained beyond thirty (30) days in EōS management’s discretion, particularly any time there is an incident of any nature or severity that is depicted. Further, VSS records that contain personal information used to make a decision directly affecting an individual may be maintained. Requests for retention beyond the thirty (30) day period should be documented in an effort to ensure that preservation occurs in an efficient and effective manner and that requests are properly noted. All VSS records that have been retained pending the final outcome of an investigation should be numbered, dated, and securely retained in a location to be determined by EōS management. Preserved materials may be destroyed in a secure manner after they are no longer needed for the purpose for which they were preserved, and their destruction should be documented.

Monitoring and Accessing the Recordings of Video Surveillance Systems: This OP does not imply or guarantee that VSS will be monitored in real-time. All monitoring, recording, and viewing of recorded activities shall be conducted only at the express direction of EōS management. This OP does not create or imply any duty on the part of EōS to install any Video Surveillance Systems or to monitor or access same, or to create or preserve any recorded video.

Release of Video Surveillance System Recordings: All requests or demands for access to recorded images captured by an EōS VSS, including requests by law enforcement agencies or others, must be conveyed immediately to EōS management. This OP does not create or imply any duty on the part of EōS to install any Video Surveillance Systems or to monitor or access same, or to create or preserve any recorded video.

GENERAL POLICIES

Any Member or Guest who is loud, offensive, and bothersome to other Members or in Gym’s sole discretion behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the Gym. Members and Guests are not permitted to provide Personal Training services to others. At sole discretion of EōS Team Members if they feel that Personal Training services are being provided to other Members or Guests, you may be suspended, or your membership revoked at EōS’ discretion.

CHECKING IN


All Members and Guests must check in at the Front Desk on each gym visit by scanning their barcode or providing their phone number accompanied by an original government issued photo ID. Photo IDs can be an original driver’s license, state ID, student ID, military ID or passport. Photo ID is required for first check-in after purchasing a membership online. All VIP Guests must check in to the gym, sign the general liability waiver, and be accompanied by their associated Member(s) upon check-in.

PHOTO & VIDEO


Using cell phone cameras or any other recording devices in EōS locker rooms or other private spaces, including spas, saunas, steam rooms, bathrooms, and showers is strictly prohibited, and will be grounds for termination of your membership and potentially legal action. If you see someone taking photos or videos in a locker room or other private space(s), please notify an EōS Team Member immediately. Be aware that non-consensual photos or videos of other Members anywhere in the gym can subject you to civil and/or criminal liability.

ALCOHOL, DRUGS, OR SMOKING


EōS Fitness does not permit the smoking or vaping of any substance, or the use or possession of alcohol or illegal drugs, at or in any of its facilities. You cannot engage in any activity at EōS Fitness while under the influence of illegal drugs or alcohol.

WEAPONS


No weapons of any kind are permitted at or in any EōS Fitness facilities.

LOCKER USE


EōS Fitness provides lockers for Members to use only while working out in the gym. You should always use a lock to protect your property. Do not leave any valuable property in a locker at any time. EōS Fitness is not responsible for any theft of or damage to your property. If you leave a lock on a locker while you’re not in the gym, EōS Fitness will consider your property abandoned and has the right to cut off the lock and dispose of the property.

GYM BAGS ON THE GYM FLOOR

Gym bags on the gym floor can be a tripping hazard and they are taking up valuable floor space. Bags or pouches that are approximately 17”x13” in size can be kept with you when working out, and anything larger should not be on the gym floor or placed on equipment. Please reference the above section for LOCKER USE.

DRESS


All Members and Guests are required to wear appropriate clothing and footwear including a shirt at all times in general workout areas, undergarments/tights with all apparel, and barefoot is not allowed in general workout areas. Swimsuits allowed in wet areas, but cutoff clothes are not.

SOLICITATION


EōS does not allow solicitation for profit or political reasons, or pamphlets or flyers of any nature.

NO DISCRIMINATION


EōS Fitness does not discriminate on the basis of race, color, religion, national origin, sex, gender identity or expression, sexual orientation, age, disability or military status. It is our policy to provide equal employment and fitness opportunities to all persons.

EQUIPMENT
EōS Fitness goes to great lengths to provide its Members with the most up-to-date, clean, and properly maintained equipment in the industry. The safety of our Members is paramount and we cannot certify the proper maintenance or condition of equipment not owned by EōS Fitness. Therefore, bringing Member-owned equipment into the facility is not authorized. EōS Fitness reserves the right to limit or restrict, in its sole discretion, any outside equipment, including but not limited to chains, jump ropes, bars, dumb bells, and any other equipment deemed to be unacceptable to the wellbeing of its Team Members, Members or Guests. Your understanding and cooperation is appreciated.