PRIVACY POLICY

Last Updated: January 1, 2023

1. OVERVIEW

Thanks for visiting Pause studios.

This Privacy Policy explains the manner in which we may collect, use and disclose personal information which you provide to us while using the Pause website, pausestudio.com (the “Site”), mobile application (the “App”) or the services available at a Pause studio (the “Services”). When used in this Privacy Policy, the terms “Pause,” “we,” “us” or “our” shall refer to Pause Franchisor, Inc., as franchisor for the Pause franchise system, and, with respect to Services, each independently owned and operated Pause franchisee location. As applicable, Pause franchisees may be referenced separately with regard to certain privacy practices or policies.

We want to assure you that Pause takes privacy matters seriously and is committed to protecting your privacy. Therefore, we provide this Privacy Policy to explain our privacy practices and the choices you can make about the way your personal information is collected and used.

By visiting the Site, using the App, or otherwise providing us with your personal information when using Services, you agree to be bound by the terms of this Privacy Policy.

2. PERSONAL INFORMATION THAT WE COLLECT

The information we collect from you varies depending on the way you use our Site, App or Services. You may provide us with information that can identify you as an individual (which we will refer to throughout this Privacy Policy as “personal information”). The personal information that we collect, and may have collected in the previous 12 months, includes:

*Geolocation. When using our App, we will request permission to obtain your location to better provide you with location-specific information, including, but not limited to, studio hours, services offered, or in-studio promotions. In that case, the App will utilize location services on your mobile device to collect and use location data, including the real-time geographic location of your device. If you consent to the App’s utilization of location services, we may use GPS, Bluetooth, your device’s unique identifier, and/or your IP address, along with wi-fi and cell tower locations, and other technologies to determine your device’s geolocation. We maintain location data records for as long as necessary to deliver the services you request. We will collect geolocation data only if you consent, and you may choose in your App settings whether the location services will be always running or only when the App is in use. You can also contact your mobile service carrier or your device manufacturer for more information on disabling location services.

3. HOW WE USE YOUR PERSONAL INFORMATION

Pause may use your personal information to operate and improve our business and to provide you with goods and services. Generally, we collect and process information to serve the operational purpose for which it was collected or for other purposes that are compatible with the context in which it was collected (as described in Section 2 above). The following are the business purposes for which we may use your personal information:

To provide you with the Services, such as the ability to create and manage your membership (as applicable) and Pause account; complete and process your transactions with us; make a booking through the Site or App, or for other scheduling purposes; or send you service-related notifications and confirmations.

To improve the Site, App and Services that we offer.

To respond to customer service inquiries or requests.

To make you aware of promotions, events, special offers, or contests that we think may be of interest to you, consistent with your communication preferences.

To promote and administer corporate partnerships in connection with the Services.

To consider you for employment, as applicable.

To improve our security and safety protocols, including detecting and auditing instances of fraud or malicious behavior.

To comply with our legal obligations.

To communicate with you about your membership or our goods and services.

To analyze data with the goal of improving the efficiency of our Site, App or Services, improving the current suite of products, services, or offerings, or analyzing broader consumer trends based on aggregated data.

For any other business purpose for which you provide consent.

4. HOW WE SHARE YOUR PERSONAL INFORMATION

There are some circumstances where we may disclose or share your personal information with a third party, as described below:

Third Party Service Providers. We may disclose your personal information to third party service providers or agents who provide services to or on behalf of Pause studios, which services may include hosting, billing or payment processing, collection, data management, analytics and storage services, sweepstakes providers, membership benefits providers and retention services.

Affiliated Companies. We may share personal information with Pause subsidiaries or affiliated companies, or other companies in connection with any merger, sale, corporate reorganization or similar business transaction involving Pause Franchisor, Inc., its subsidiaries, affiliates or one or more Pause franchisees.

Pause Franchisees. We may provide your personal information to a Pause franchisee in order for them to provide you Services if you are a Pause member, visitor or guest at a Pause franchisee studio location.

Law Enforcement. We may disclose your personal information to law enforcement authorities when we are required or authorized by law to do so (for example, in response to a subpoena issued by a court).

Corporate Partners. We may share your personal information with third party partners, including, for example, those that help us maintain the security and integrity of our networks and technology systems, or those that assist us with marketing campaigns.

Data Analytics Providers. We may share your personal information with data analytics providers for the purposes of advertising, marketing or new franchise opportunities.

5. COOKIES AND LINKED SITES

The technologies we use for automatic data collection on our website include cookies and web beacons. A cookie is a small text file placed on your device. A web beacon is a small electronic file (e.g., clear gifs, pixel tags and single-pixel gifs) with a unique identifier that is used to understand browsing activity. We use data collected through these technologies, which we may supplement with other information such as location, to help us improve our website and to deliver a better and more personalized service.

Our use of cookies. Our Site places small files, or “cookies,” on your device. Cookies are the most common method to track, personalize, and save information about each visitor’s session. We use cookies to personalize your experience on our Site and to promote our Services to you. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.

Third-party cookies. Some content or applications on the Site, including advertisements, are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Linked Sites. Our Site may include links to other websites or content that belong to third parties. We are not responsible for personal information that you voluntarily disclose to such third parties and we are not responsible for third party websites, content or services. You should review the privacy policies associated with those third parties.

6. HOW WE PROTECT YOUR INFORMATION

We are committed to taking appropriate measures designed to keep your personal information secure. Our technical, organizational and physical measures are designed to protect personal information from accidental, unlawful or unauthorized loss, access, disclosure, use, alteration, or destruction. While we make efforts to protect our information systems, no website, mobile application, computer system, or transmission of information over the internet or any other public network can be guaranteed to be 100% secure.

7. CHILDREN

The Site, App and Services are all intended for use by individuals who are at least 18 years old. Our Site is not targeted to children under 13 years old, and we do not collect personal information from children under the age of 13. We do not offer or provide Services to anyone under the age of 16 without the direct supervision of a parent or legal guardian.

8. RETENTION OF YOUR PERSONAL INFORMATION

We may retain your personal information for as long as necessary to fulfill our business purposes and as is required or permitted under applicable laws.

9. PROCESSING AND STORAGE

Your personal information may be processed and stored in the United States or another country. The governments, courts, law enforcement and regulatory agencies of that country in which your information is processed or stored may be able to demand disclosure of personal information pursuant to the laws of such country.

10. INTERNATIONAL VISITORS

For visitors using the Site, App or Services from outside the United States, any data that you provide will be transferred to the United States for use by us, our affiliates or Pause franchisees for any of the purposes described in this Privacy Policy. By using the Site, App or Services, you hereby expressly consent to such transfer of information or data to the United States.

11. DO NOT TRACK MECHANISMS

We do not track our users and visitors over time and across third party websites to provide targeted advertising. Consequently, we do not respond to Do Not Track (“DNT”) signals at this time. Other third party websites may keep track of your browsing activity when they provide you with content, which enables them to customize what they present to you on their website. For more details, including how to turn on DNT, visit www.donottrack.us.

12. MARKETING COMMUNICATIONS

If you choose to subscribe to our marketing communications, you can later opt-out by following the opt-out instructions in the marketing communications we send to you. You also have the ability to adjust your marketing communication preferences at your Pause account, as applicable. You can also opt-out from our marketing communications by sending an email to the Pause studio where you initially signed up for Services. If you choose to opt-out from marketing communications with us, please note that we may still send you informational communications about your transactions, bookings and/or account(s). Opting out from one form of communication does not mean that you will be automatically opted out from other forms of communication. For example, if you opt-out from receiving marketing emails, you may still receive marketing texts/SMS if you opted-in to receiving them separately. Please note that if you are receiving communications from a Pause franchisee, then you will need to opt-out with them directly. We do not share personal information with third parties for their own direct marketing purposes unless you give us permission to do so.

13. PRIVACY RIGHTS OF INDIVIDUALS LOCATED IN THE UNITED STATES

Residents of certain states (including California, Virginia, Colorado, Connecticut, Utah and Nevada) may have or will have the right to:

Know what personal information we collect, use, disclose and sell;

Request that we delete your personal information;

Access and obtain a copy of your personal information that we collect;

Request correction of inaccurate personal information;

Opt-out of targeted advertising; or

Limit the use and disclosure of certain sensitive information.

We will honor your request to the extent required by applicable law and will make a good faith effort to honor your request in all other cases. If you disagree with our response to your request, you may appeal the request by submitting supporting documentation to the email address at the Pause studio where you initially signed up for Services, or by submitting your request in-person at the Pause studio where you initially signed up for Services. If you signed up for Services online, then you may submit your request at privacy@pausestudio.com.

We may not discriminate against you for exercising any of your rights. This means that we may also not deny you services or charge you different prices or rates for services or provide you with a different level or quality of service, in response to these requests.

You may request to exercise any of the foregoing rights by submitting the request by email or in-person to the Pause studio where you initially signed up for Services, or by email to privacy@pausestudio.com.

14. PRIVACY RIGHTS OF INDIVIDUALS LOCATED OUTSIDE THE UNITED STATES

If you are located in the European Union (EU), European Economic Area (EEA), United Kingdom (UK), or in other jurisdictions which have adopted similar privacy laws, then you may have certain rights as an individual under the privacy laws that apply in those jurisdictions. These rights include a:

Right to be informed. This Privacy Policy sets out how we use your personal information and gives you information about how you can exercise any of your rights in accordance with applicable privacy laws.

Right of access. You may be entitled to ask us for a copy of any personal information which we hold. This right is known as a “Subject Access Request.” We will normally send you a copy of the personal information within one month of your request. However, that period may be extended by two further months where necessary, taking into account the complexity of the request or the difficulty in accessing the personal information that you request. There is usually no charge; but in exceptional circumstances we may charge but will discuss this with you if those circumstances apply.

Right to rectify. If the personal information we hold about you is inaccurate, you may request rectification. The personal information will be checked, and, where appropriate, inaccuracies will be rectified.

Right of erasure. In certain circumstances, you may be entitled to ask us to erase your personal information. If you ask us to erase your personal information, we usually do this by deleting your Pause account in its entirety.

Right to data portability. In certain circumstances, you may wish to move, copy, or transfer the electronic personal information that we hold about you to another organization.

Right to object. You may object to your personal information being used for direct marketing.

You may object to the continued use of your personal information in any circumstances where we rely upon consent as the legal basis for processing it. Where we rely upon legitimate interests as the legal basis for processing your personal information, you may object to us continuing to process your personal information, but you must give us specific reasons for objecting. We will consider the reasons you provide, but if we consider that there are compelling legitimate grounds for us to continue to process your personal information, we may continue to do so. In that event, we will let you know the reasons for our decision.

15. YOUR RIGHTS RELATING TO AUTOMATED DECISION-MAKING

We will not use your personal information in connection with any automated decision-making process. We use limited contact information to carry out certain business development profiling activities to support and grow the business. When doing so, we rely upon our legitimate interests as the lawful basis for processing your personal information and you may exercise the rights above if you do not wish us to process your information in this way.

16. SALE OF PERSONAL INFORMATION

We do not sell your personal information. In the preceding 12 months, we have not sold any personal information.

17. CHANGES TO THIS PRIVACY POLICY

We reserve the right to update or modify this Privacy Policy at any time. If we make changes, we will post the revised Privacy Policy to the Site with a “Last Updated” date at the top of this Privacy Policy reflecting the date of the change. All changes are effective as of the time of posting. You should periodically check the Site to review any updated Privacy Policy. Without limitation to the effectiveness of the changes, your use of our Site, App or Services following the posting of the revised Privacy Policy constitutes acceptance of those changes.

18. TERMS OF SERVICE

Your use of the Site, App and/or Services are subject to our Terms of Service.

19. HOW TO CONTACT US

If you have questions about our privacy practices or this Privacy Policy, you may contact us at privacy@pausestudio.com. In your message, please be sure to include your full name, telephone number and email address so that we have a way to reach you with a response.