HIGHER GROUND PRIVACY POLICY

Higher Ground(hereinafter  “we,” “our,” or “us”) is committed to handling your Personal Information responsibly.

This Privacy Policy (“Policy”) describes how we process your Personal Information as you use our website located at https://www.highergroundclub.com visit our studios, and use any of the services, tools, technology, products, features, events, webpages, and mobile apps (together, the “Services”) provided, operated or owned by Higher Ground. Personal Information is any information that is related to you, identifies you or makes you identifiable. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

We may modify this Policy at any time and non-material changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. If we make any material changes, we will provide you with notice by the email or telephone number we have on file or through a notice on our website and will apply to information we collect about you going forward.

INFORMATION WE COLLECT THROUGH YOUR USE OF THE SERVICES

We collect different types of Personal Information when you’re accessing or using our Services, including:

  1. Information You Provide to Us.  
    • Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.
    • Scheduling Information: To sign up for a Higher Ground class or purchase Class Packs or memberships online through our Services, you must provide us with your name, physical address, email address, date of birth, phone number, and Payment Information (described below). We may also collect information about any health conditions or health history that could affect your ability to participate in a workout. If you do not provide this information, you may not be able to participate in a Higher Ground class or event.
    • Payment Information: If you make an order through our Services (such as to purchase Class Packs or merchandise), you will need to provide us with a credit or debit card, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only to make an order through our Services.
    • Voluntary Information: Information you provide to us voluntarily by completing web forms, submitting a job application, signing up for our newsletter, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.
  2. Usage Information Automatically Collected. When you use the Services online or through our mobile app, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.
    • Services Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.
    • Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g., crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data for privacy and security reasons.
    • Cookies and Similar Tracking Technologies: We may use cookies, embedded scripts and other tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve our Services. Membership and Studio Usage Information. We will collect Personal Information about how you use and interact with Higher Ground studios, Fuel Bars, and our online properties. This includes the studios you check in to, times you check in, workouts you log, classes you book or add to your schedule, and information you provide when purchasing or scheduling private studio sessions.
  3. Information from Our Studio. Security cameras are installed at some of our studios, to monitor building security and assist in crime prevention and detection, and to ensure the health and safety of our staff and visitors to our sites. We may collect some Personal Information about you through our security systems, including your image or likeness.
  4. Information Collected Through the Higher Ground App. When you use the Higher Ground or any related applications or services,we collect the information described in items 1 through 4 above. We may also collect the following information in connection with your use of the Higher Ground App and related applications or services:
    • Video. Through the Higher Ground App, you can turn on your camera so that your instructor or other members of the Services can see you and your activities. We may collect an image of you and capture your voice so that our instructors can provide you with feedback in real time. The camera and feed sharing features will only turn on if you choose to do so.
    • Integrated Third Party Fitness Information. The Higher Ground App and related applications and services give you the option to share information from third-party fitness devices, apps, or services (e.g., Apple Health) (collectively, “Integrated Devices”) with Higher Ground. This information includes data like your heart rate and calories burned. We only collect this information if you connect an Integrated Device and the Higher Ground App or related applications to share this information with Higher Ground. You should review the privacy policy for your Integrated Device before allowing it to share your Personal Information with Higher Ground.
    • For more information about how Higher Ground may share personal information, see Section 3 below.
  5. Information from Third Party Applications or Platforms. From time to time, Higher Ground may allow you to connect or transfer your information to or from a third-party application or platform. For example, you may bookHigher Ground classes through a third-party application such as MyClubs. We may collect Personal Information about you from the third party.
  6. Job Applicant Information. If you apply for a job, we collect information to process your application or hire you, which may include education and job history information. Providing this information is required for us to consider you for employment.
  7. Public Health and Safety. When a serious public health threat has been identified, we may collect information from employees, guests, and other individuals accessing our facilities. This may include medical and health information, such as body temperature, symptoms, and underlying health conditions. We collect this information to protect the health and safety of our employees and guests. In some jurisdictions we may be required by law, regulation, or governmental order to collect and retain information related to issues of public health and safety.

HOW WE USE YOUR INFORMATION

Your Personal Information can be used for various purposes, including:

  1. To Provide Our Services.We process certain Personal Information about you to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:
    • To allow you to view, book, and attend classes at our studios;
    • To allow you to view, book, and attend classes through our Higher Ground App;
    • To pay for the Services;
    • To ensure a safe work-out environment; and
    • To analyze your use and enjoyment of the Services.
    • We cannot provide you with our Services without processing your Personal Information.
  2. To Communicate with You. When you create an account for our Services, you will receive Service-related communications. Where permitted by applicable law, we may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications, such as by clicking the “unsubscribe” link found within non-transactional communications or by emailing us at the contact information listed at the end of this Policy.
  3. To Enforce our Terms, Agreements, or Policies. We use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced.
  4. For Research and Development. We want to ensure our Services are always improving so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use of our Services. Where we can, we de-identify your Personal Information.
  5. To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations. We may also process any and all information if we believe that such processing is reasonably necessary to: (a) comply with legal or regulatory requests (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe under ethical and other professional rules, laws, and regulations; (b) enforce the Higher Ground Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Higher Ground, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.
  6. For Employment. We collect information in connection with applications for positions at to consider you for employment. If you are offered a position, the collection of your personal information will be subject to a separate employee-only privacy policy.
  7. De-Identified Information. If we maintain and use Personal Information in a deidentified form, we will not attempt to reidentify the information, except to determine whether our deidentification processes satisfy our legal obligations.

HOW WE SHARE YOUR INFORMATION

We may share your Personal Information as follows:

  1. Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:
    • to process and store data, including your Personal Information;
    • to track, analyze, and modify our Services;
    • for marketing, advertising, and distribution;
    • to help us provide you with customer support; and
    • to support our IT and security efforts.
  2. Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:
    • Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);
    • Comply with requests or investigations by public authorities;
    • Comply with applicable laws or regulations;
    • Enforce or apply the Higher Ground policies or policies of our business partners;
    • Protect the security or integrity of the Services; or
    • Protect the rights, property, or safety of Higher Ground, our employees or users, partners, affiliates, or other natural persons.
  3. With Our Business Partners, with Your Consent. If you choose to sign up to receive promotions from our partners, we may share your information with those partners, including your contact information (email address, name, mobile number) and/or details about the classes you have taken with us.
  4. For Any Other Purpose, with Your Consent. We may share your Personal Information at your request. For example, we may share your information with other users where you tell us to do so (e.g., by choosing to interact with other users through the Higher Ground App). Or, we may share with third party fitness applications, trackers or devices (Integrated Devices), where you choose to configure the settings of the Higher Ground X App and the Integrated Device to allow for such sharing.In most cases, if you provide your consent to share your information, you may withdraw your consent at any time. . Contact us at info@highergroundclub.com if you would like to withdraw your consent.

SECTION 4 – YOUR CHOICES

  1. Your Account. You may access your Higher Ground Account Information by going to the “Your Account” page. You can update your Personal Information.
  2. Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you.
  3. Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You may not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.
  4. Account Deletion. At any time, you can delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, you can do this in the App, on our site, or by emailing us at info@highergroundclub.com. Higher Ground deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.
  5. Do Not Track Signals. Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

SECTION 5 – THIRD-PARTY SERVICES

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Services, they may direct you away from our website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Services or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

SECTION 6 – SECURITY

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

No system can be 100% secure. There will always be a risk that your Personal Information is compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking steps to keep others from accessing your account. Please tell us immediately at info@highergroundclub.com if you become aware of any unauthorized access to or use of your account.

SECTION 7 – CHILDREN’S PRIVACY

By using the Services, you represent that you are at least the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services.

SECTION 8 – RETENTION

We generally keep your Personal Information as long as necessary to fulfill the purposes of collection, including to satisfy any legal, accounting, or reporting obligations or to resolve disputes. Otherwise, we will delete your Personal Information when we no longer need it for the reasons it was originally collected.

SECTION 9 – SMS and Mobile Information

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

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