Your Privacy is Important

BARRY’S PRIVACY POLICY

Last updated: May 15, 2023

Effective Date: February 1, 2021

Barry’s (hereinafter “Barry’s” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy (“Policy”) describes how we process your Personal Information as you use our website located at www.barrys.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 Barry’s. 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. We will provide you with advanced notice by the email or telephone number which we have on file or through a notice on our website if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy, and such material change will not apply retroactively to any Personal Information we already hold about you. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

CONTENTS

Section 1 – Information We Collect Through Your Use of the Services

Section 2 – How We Use Your Information

Section 3 – How We Share Your Information

Section 4 – Your Choices

Section 5 – Third-Party Services

Section 6 – Security

Section 7 – Children’s Privacy

Section 8 – Retention

Section 9 – Notice to California Residents

Section 10 – International Transfers

Section 11 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

Section 12 –Contact Information

 

SECTION 1 – INFORMATION WE COLLECT THROUGH YOUR USE OF THE SERVICES

Personal Information is any information that is related to you, identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1. Information You Provide to Us. In connection with the Services, we may ask you to provide these categories of Personal Information:

• 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: In order to sign up for a Barry’s class or to purchase Class Packs or memberships online through our Service, you must provide us with your name, physical address, email address, date of birth, phone number, and Payment Information (described below). If you complete a membership agreement or sign up for a fitness event, we also collect information about any health conditions 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 Barry’s class or event.
• Payment Information: If and when you make an order through our Services (such as to purchase Class Packs or purchasing merchandise), you will need to provide us with a payment 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 for purposes of marking 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.

• Service 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 in order to keep track of the security and privacy of your account.
• 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 and optimize our Services. Please refer to our “Cookie Policy” for more information about how we use cookies and which cookies we use on our Services, and see “Section 4 – Your Choices” below for instructions on how to update cookie preferences for your web browser.

3. Membership and Studio Usage Information. We will collect Personal Information about how you use and interact with Barry’s studios, Fuel Bars, and our online properties, including the studios and times you check in to, workouts you log, classes you book or add to your schedule, and information provided when you purchase or schedule private studio sessions.
4. Information from Our Studio. CCTV is 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 collection some Personal Information about you through our CCTV systems, including your image or likeness.
5. Information Collected Through the Barry’s X App. When you use the Barry’s X App or any related applications or services (e.g., the Barry’s X Apple Watch App, etc.) 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 Barry’s X App and related applications or services:
   • Voice and Likeness. Through the Barry’s X App, you have the option to turn on your camera and share your video feed with your instructor or other members of the Services. If you choose to turn on your camera during class, we may collect your visual image, likeness and voice recording via video so that our instructors can provide you with feedback in real time. Note that the camera and feed sharing features are only in use when activated by you.
   • Integrated Third Party Fitness Information. The Barry’s X App and related applications and services give you the option to share information from integrated third-party fitness devices, apps or services (e.g., Apple Health) (collectively, “Integrated Devices”) with Barry’s. This information includes data such as your heart rate and calories burned. Please note that we only collect this information if you choose to configure the settings of an Integrated Device and the Barry’s X App or related applications to share this information with Barry’s. We encourage you to review the privacy policy for your Integrated Device before allowing it to share your Personal Information with Barry’s.
   • Please note that, Barry’s will only share information collected through the Barry’s X App with third parties who agree to provide the same level of protection for that information as is described in this Privacy Policy. For more information about how Barry’s may share personal information, see Section 3 below.   
6. Information from Third Party Applications or Platforms.From time to time, Barry’s may allow you to connect or transfer your information to or from a third-party application or platform. For example, you may book Barry’s classes through a third-party application such as ClassPass. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to Barry’s from a third party, you may or may not be able to rescind or remove the information and should check with the third-party application or service as to your options.
7. Job Applicant Information. If you apply for a job posting, we collect information necessary to process your application or to retain you as an employee, which may include education and job history information.  Providing this information is required for us to consider you for employment.
8. Public Health and Safety. In certain situations where 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.

SECTION 2 – HOW WE USE YOUR INFORMATION

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

1. To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able 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 Barry’s X 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 such processing of your Personal Information.

2. To Communicate with You. When you create an account for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your attendance, surveys, support, customer service, discounts you’ve earned, policy changes, or other Service-related notifications. Service-related communications are necessary for us to continue to provide our Services to you.
3. Marketing Communication. 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.
4. To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to
5. For Research and Development. We want to ensure our Services are continually improving and expanding 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. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.
6. To Comply with Applicable Laws.We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We may also process any and all information if required to do so by law or in the good faith belief that such processing is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Barry’s 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 Barry’s, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.
7. For Employment. We collect information in connection with applications for positions at Barry’s 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.
8. De-Identified Information. To the extent we maintain and use Personal Information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.

SECTION 3 – 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 assist us in providing you with customer support; and
• to support our IT and security efforts.

  Google Analytics. Google Analytics is one of our analytics service providers. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

  Certain third-party service providers, such as payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.

  For these third-party service providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these third-party service providers. In particular, remember that certain third-party service providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

2. Among Barry’s Companies. Since Barry’s is a global brand operating in different countries, we transfer Personal Information between Barry’s studios, offices, affiliates, departments, and across national borders for the purposes of international administration and operations.
3. Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of Barry’s or the Services, or in connection with a merger, consolidation, restructuring, the sale of all or substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.
4. 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 Barry’s policies or policies of our business partners;Protect the security or integrity of the Services; orProtect the rights, property, or safety of Barry’s, our employees or users, partners and affiliates, or other natural persons. 
5. For Any Other Purpose, with Your Consent.We may share your Personal Information on your behalf or at your request. For example, we may share your information with other users where you direct us to do so (e.g., by choosing to interact with other users through the Barry’s X App) or with third party fitness applications, trackers or devices (Integrated Devices), where you choose to configure the settings of the Barry’s X App and the Integrated Device to allow for such sharing. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at [email protected] if you would like to withdraw your consent.

SECTION 4 – YOUR CHOICES

1. Your Account. You may access your Barry’s Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.
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 will 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, please email us at [email protected]. Please note that Barry’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.
5. Cookies Preferences. You can exercise your preferences in relation to cookies served on our Services by adjusting your browser settings which provide you with the option to refuse or remove some or all browser cookies. First-Party Cookies. You can use the browser with which you are viewing our Services to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Services. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org. Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies, please click the cookie settings link here. If you are located in the European Economic Area, the United Kingdom, Switzerland, or the State of California, please refer to the sections below for information about additional choices and rights to your Personal Information.

   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

6. Third-Party Tracking. Certain third-party cookies may collect your Personal Information over time and across different websites. For more information on how you can control cookies and exercise your preferences regarding them please see the “Cookies Preferences” section above.

Cookie Settings

 

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 Service 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.

You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at [email protected] 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, or that you are 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. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

Section 8 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

Section 9 –Notice to California RESIDENTS

This section only applies to individuals who are residents of California.

Below is a summary of the Personal Information that Barry’s has collected, “sold” or “shared” for cross-context behavioral advertising purposes (as those terms are defined under California law) in the preceding twelve months, the reason the information was collected, where we obtained the Personal Information we collected, and the third parties with whom we share the information, categorized as defined under California law. Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity.

Category of Information	Sources of Information	Purpose of Information Collection	How We Disclose the Information	How We Sell or Share Information
Identifiers	We collect identifiers from Your Use of the Services, Usage Information, Membership Information, and third parties, as outlined in Section 1 above.	We collect identifiers to Provide Our Services, to Communicate with you, for Research and Development, and to Comply with Applicable Laws, as outlined in Section 2 above.	We disclose identifiers to: ·  Affiliates and subsidiaries ·  Business Partners ·  Data Analytics providers ·  Data Brokers ·  Advertising networks ·  Internet service providers ·  Operating systems and platforms ·  Payment processors and financial institutions ·  Other Service Providers   We disclose this information for our Legal Obligations, and for any other purpose with your consent, as outlined in Section 3 above.	We sell or share identifiers to advertising networks and data brokers.
Personal information under California Civil Code section 1798.80	We collect Section 1798.80 information from Your Use of the Services, Usage Information, Membership Information, Public Health and Safety, and third parties, as outlined in Section 1 above.	We collect Section 1798.80 information to Provide Our Services, to Communicate with you, for Research and Development, and to Comply with Applicable Law as outlined in Section 2 above.	We disclose Section 1798.80 information to: ·   Affiliates and subsidiaries ·  Business Partners ·  Data Brokers ·  Advertising networks ·  Payment processors and financial institutions ·  Other Service Providers   We disclose this information for our Legal Obligations, and for any other purpose with your consent, as outlined in Section 3 above.	We sell or share Section 1798.80 information to advertising networks and data brokers.
Protected classifications under California and Federal Law	We collect protected classification data from Your Usage of the Services, as outlined in Section 1 above.	We collect protected classification data to Provide Our Services, as outlined in Section 2 above.	We disclose protected classification data to: ·  Affiliates and subsidiaries ·   Other Service Providers   We disclose this information as outlined in Section 3 above.	We do not sell or share protected classification data.
Commercial information	We collect commercial information from Your Use of the Services, Usage Information, Membership Information, and third parties, as outlined in Section 1 above.	We collect commercial information to Provide Our Services, for Research and Development, and to Comply with Applicable Laws, as outlined in Section 2 above.	We disclose commercial information to: ·  Affiliates and subsidiaries ·  Business Partners ·  Data Brokers ·  Advertising networks ·  Data Brokers ·  Advertising networks ·  Payment processors and financial institutions ·  Other Service Providers   We disclose this information as outlined in Section 3 above.	We sell or share commercial information to advertising networks and data brokers.
Biometric information	We collect biometric information through studio CCTV and through the Barry’s X App and related applications and services, as outlined in Section 1 above.	We collect biometric information to Provide Our Services, as outlined in Section 2 above.	We disclose biometric information to: ·  Affiliates and subsidiaries ·  Other Service Providers   We disclose this information as outlined in Section 3 above.	We do not sell or share biometric information.
Electronic network activity information	We collect network information through Your Use of the Services, Usage Information, Membership Information, and third parties, as outlined in Section 1 above.	We collect network information to Provide Our Services, to Communicate with you, for Research and Development, and to Comply with Applicable Laws, as outlined in Section 2 above.	We disclose network information to: ·  Affiliates and subsidiaries ·  Business Partners ·  Data Analytics providers ·  Data Brokers ·  Advertising networks ·  Internet service providers ·  Operating systems and platforms ·  Other  Service Providers   We disclose this information for our Legal Obligations, and for any other purpose with your consent, as outlined in Section 3 above.	We sell or share network information to advertising networks and data brokers.

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, if you submit a job application, we may conduct a background check.

Privacy Rights. Under California Laws, California residents have the rights listed below. Please note, the following rights are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.

1. Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your rights described below.
2. Right to Know.  You have the right to request in writing from a business: (i) a list of the categories of personal information, such as name, address, e–mail address, and the type of services provided to the customer, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, California residents have the right to request that we disclose to them (i) the categories of Personal Information we have collected about them, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, selling, or sharing (iv) the categories of third parties to whom we have disclosed Personal Information, and (v) the specific pieces of Personal Information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
3. Right to Correct. You have the right to ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law.
4. Right to Delete. You have the right to have your Personal Information deleted, unless the Personal Information is necessary to:
   • complete a transaction for which the Personal Information was collected, provide a good or service requested by the consumer or otherwise perform a contract between the business and the consumer;
   • help to ensure security and integrity;
   • debug to identify and repair functionality errors;
   • exercise or ensure the right of another to exercise free speech or another legal right;
   • comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;
   • engage in research in the public interest (if the consumer has provided informed consent);
   • to enable solely internal uses aligned with the consumer’s expectations given their relationship with the business; or
   • comply with a legal obligation.
5. Right to Opt-Out of Selling or Sharing. As described in this Privacy Policy, in certain situations we may share your Personal Information with our partners, third-parties or affiliates for marketing or other purposes. To the extent such sharing is considered a “sale” or “sharing” for cross-context behavioral advertising purposes under California law, as a California resident you have the right to opt-out of such “sales” or “sharing”. If you would like us to no longer “sell” or “share” your Personal Information in this way, please click: DO NOT SELL OR SHARE MY PERSONAL INFORMATION. [You will also need to change your cookie settings using the cookie settings link here . Please note that if you change browsers or computers, or if you clear your browser’s cache, you may need to click the link again to apply your preference.]
6. Submitting a Rights Request. If you are a California resident and would like to submit a verifiable request to exercise your California privacy rights, please click here: https://www.barrys.com/ccpa/ or call us at +1 (844) 445-8429 in order for us to process requests to access, correct, or delete your Personal Information, we will need to verify your identity to confirm that the request came from you. We may contact you by phone or e-mail to verify your request. Depending on your request, we will ask for information such as your name, and an e-mail address that you have used with Barry’s, or a phone number you have used with Barry’s, and your state of residence. You may designate an authorized agent to submit a request on your behalf to access, correct, or delete your Personal Information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf. If you have been designated as an authorized agent to submit a request on behalf of another Barry’s client, you must provide Barry’s with the user’s signed permission noted above.

Marketing. California law permits California residents to ask Barry’s for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section below.

Cookie Settings

California Sensitive Information Disclosure. We collect the following categories of sensitive personal information (as defined under California law): precise geolocation, account log-in in combination with a password,  health information, and, in the context of employment applications, social security number, passport information, and driver’s license. This information is collected in order to process transactions, comply with laws, manage our business, or provide you with Services. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising.

Section 10 – INTERNATIONAL TRANSFERS

When you access or use our Services, your Personal Information may be processed in the United States or any other country in which Barry’s, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.  For more information about the transfer of Personal Information from the European Economic Area, the United Kingdom, or Switzerland, please see Section 11 below.

Section 11 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

This section only applies to an individual using or accessing our Services while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time the individual’s Personal Information was collected.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. Barry’s is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.

Marketing. We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at [email protected]. You can object to direct marketing at any time and free of charge.  In addition, you may opt-out of online behavioral advertising served by participating the European Digital Advertising Alliance by visiting https://www.youronlinechoices.eu/.

Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.

The legal basis to process Personal Information for the following sub-sections of this Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

• Section 2(1) To Provide Our Services.
• Section 2(2) To Provide You with Service-Related Communications.
• Section 2(4) To Enforce our Terms, Agreements, or Policies.
• Section 3(3) Merger, Bankruptcy, or Corporate Reorganization.
• Section 3(4) Legal Obligations and Safety.
• Section 3(5) For Any Other Purpose, the legal basis of which is Your Consent.
• The legal basis for the “Research and Development,” “Marketing Communications,” “Third-party Service Providers” and “Among Barry’s Companies” purposes described in Section 2 of this Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, to market our goods and services to you, and to better promote or optimize our Services.

• The legal basis to process for the “Comply with Applicable Laws” purpose of this Policy is to comply with our legal obligations, or in the public interest or your vital interest.

• The legal basis for “Job Applicant” purpose of this Policy is our legitimate interest in reviewing individuals for a job position and ensuring the individuals have the relevant qualifications.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at [email protected].

• You can request access or deletion of your Personal Information.
• You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
• If we collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• You have the right not to be subject to a decision based solely on automated processing of your Personal Information, including profiling, which produces legal or similarly significant effects on you. Barry’s does not use any automated processing.

Transfer of Your Personal Information. We transfer your Personal Information subject to appropriate safeguards. We use approved Model Contractual Clauses or rely on other transfer methods permitted under the GDPR to transfer Personal Information collected from individuals located in European Countries  either directly from the European Countries or via onward transfer to any third party located in the U.S. or any other country that is not recognized as not providing adequate data protection by the EU, and require that the third party agree to at least the same level of privacy safeguards as required under applicable data protection laws.

Resolution of Disputes.  If you have any questions related to the processing of your Personal Information, we encourage you to contact us directly in the first instance at [email protected] so we can address your concern.  If we are unable to resolve your issue, you also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.

Section 12 – Contact Information

If you have question about this Privacy Policy,  please contact our Privacy Compliance Administrator at [email protected], or by mail at:

United States of America

Barry’s Bootcamp LLC

2214 NW 1^st Place

Miami, FL 33127

Barry’s Bootcamp LLC in Los Angeles is responsible for all website and online processing, as well as for your purchases of U.S.-based products and services, and for your participation in U.S.-based events and promotions.

You may also contact Barry’s locally at the below mailing addresses:

 

Canada
Barry’s Bootcamp

310 Richmond St., West Unit 1

Toronto, Ontario M5V0B4)

Barry’s Bootcamp Canada is responsible for your Canada-based purchases of products and services, and for your participation in certain Canada-based events and promotions.

 

United Kingdom
Barry’s Bootcamp Limited

16 Upper Woburn Place

London, WC1H 0AF

Barry’s Bootcamp Limited is responsible for your UK-based purchases of products and services, and for your participation in certain UK-based events and promotions.

 

Norway
Barry’s Bootcamp

Nonnesetergaten 4

Bergen 5015

Barry’s Bootcamp Norway is responsible for your Norway-based purchases of products and services, and for your participation in certain Norway-based events and promotions.

 

Sweden
Barry’s Bootcamp

Kyrkogatan 58

411 08, Gothenburg

Barry’s Bootcamp Sweden is responsible for your Sweden-based purchases of products and services, and for your participation in certain Sweden-based events and promotions.

 

Italy
Barry’s Bootcamp

Via Senato 36 – 20121,

Milano, Italy

Barry’s Bootcamp Italy is responsible for your purchases of Italy-based products and services, and for your participation in certain Italy-based events and promotions.

 

United Arab Emirates
Barry’s Bootcamp

Central Park Towers – Ground Floor,

DIFC, Dubai

Barry’s Bootcamp Dubai is responsible for your purchases of UAE-based products and services, and for your participation in certain UAE-based events and promotions.