Effective upon posting

Posting date: December 1, 2013

Welcome to Method 5 Fitness, LLC ("M5," "we," "us" or "our"). M5 provides a fun and rewarding way for you to share your fitness experiences and successes.

• Our Privacy Policy explains how we and some of the companies we work with collect, use, share and protect information through a variety of digital means, and your choices about the collection and use of your information. By accessing or using M5 websites, mobile applications, or other M5 products or services (collectively, the "Service") on any mobile phone, tablet, computer, console, or other device (collectively “Device”) you consent to our Privacy Policy.
• By using our Service you understand and agree that we are providing a platform for you to post content, including photos, comments, workout results, and other materials ("User Content"), to the Service and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use.
• Our Policy applies to all visitors, users, and others who access the Service ("Users").

1. INFORMATION WE COLLECT

We collect the following types of information.

Information you provide us directly includes, but is not limited to:

• Your username, password and e-mail address when you register for an M5 account.
• Profile information that you provide for your user profile (e.g., first and last name, picture, phone number, address, social security number, etc.).
• Credit card or other payment information used to pay for any subscription products or services
• Social media information (login information, profile, social media platforms, etc.)
• Location (GPS) information, activity and performance information
• User Content (e.g., photos, comments, and other materials) that you post to the Service.
• Communications between you and M5. For example, we may send you product or Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.

Inviting your friends to M5:

• If you choose to invite someone to the Service through our "Refer friends" feature, you may select a person directly from the contacts list on your device or computer and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, M5 does not have access to or control this communication.

Analytics information:

• We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

Cookies and similar technologies:

• When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Service and provide features to you.
• We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.

Log file information:

• Log file information is automatically reported by your browser or device each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
• When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, access times, whether you have enabling software to access certain features, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Device identifiers:

• When you use a computer or a mobile device (like a tablet or phone) to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by M5.
• A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata:

• Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
• Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments, or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other's APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.

Third Parties:

• We may combine information you give us and that we collect with other information from M5 sources, transactions, and communications. This may include, but is not limited to, information from M5 events, direct mail, catalogs, products, and applications, or other M5 interactions. We may also combine that information with data that is publicly available from third parties. We also collect information about gift recipients provided by the giver.

2. HOW WE USE YOUR INFORMATION

In addition to other uses and some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

• enhance, customize, and personalize your M5 experiences and communications
• help you efficiently access your information after you sign in
• remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
• provide personalized content and information to you and others, which could include online ads or other forms of marketing
• operate, provide, improve, test, maintain, and monitor the effectiveness of M5 products and services, including analyzing user behavior and trends
• develop and test new products and features
• communicate with you about our products, services, and events, and for other promotional purposes
• administer contests, promotions, events, surveys, or other features
• monitor metrics such as total number of visitors, traffic, and demographic patterns
• send you administrative messages, purchase information, account information, customer service messages and other information about M5
• diagnose or fix technology problems
• automatically update the M5 applications on your device
• any other purpose, use, or activity that M5 deems necessary or appropriate for its business purposes.

3. SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties outside M5 (or the group of companies of which M5 is a part) without your consent, except as noted in this Policy.

Parties with whom we may share your information:

• We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that M5 is part of (some of which may be outside of the United States), or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates' own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your User Content.
• We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (e.g., credit card processors, shipping, data management, email distribution, market research, information analysis, promotions management, etc.) ("Service Providers"). We may also share your information to administer features (e.g., workout downloads, race registration, or workout routines). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under commercially reasonable confidentiality terms.
• We also may share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
• Your information may be transferred to a third party as part of our business assets in a sale of a part or all of M5. If this should happen, notice will be provided by posting to the website or other form of communication.
• We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your User Content

• Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. In order to participate in certain features, you may have to adjust your privacy settings and share more information. Once you have shared User Content or made it public, that User Content may be re-shared by others. Information that is publicly shared may be used by M5 for promotional purposes.
• Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users and subject to use under our M5 API. The use of the M5 API is subject to the API Terms of Use which incorporates the terms of this Privacy Policy.
• If you remove information that you posted to the Service, copies may remain viewable in cached, mirrored, or archived pages of the Service, or if other Users or third parties using the M5 API have copied or saved that information.

What happens in the event of a change of control:

• If we sell or otherwise transfer part or the whole of M5 or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

Responding to legal requests and preventing harm:

• We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
• We also may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others’ rights, property, or safety.
• We also may share information with companies assisting in fraud protection or investigation.
• We also may share information to prevent illegal uses of M5 products and services or violations of the Terms of Use, or to defend ourselves against third-party claims.

4. HOW WE STORE YOUR INFORMATION

Storage and Processing:

• Your information collected through the Service may be stored and processed in the United States or any other country in which M5, its Affiliates or Service Providers maintain facilities.
• M5, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
• By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which M5, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
• We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, M5 cannot ensure the security of any information you transmit to M5 or guarantee the confidentiality of information you provide to us, including that the information on the Service will not be accessed, disclosed, altered, or destroyed. Transmitting personal information is done at your own risk.
• Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and M5, at all times. Your privacy settings may also be affected by changes the social media services you connect to M5 make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

5. YOUR CHOICES ABOUT YOUR INFORMATION

Your account information and profile/privacy settings:

• Update your account at any time by logging in and changing your profile settings.
• Unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

How long we keep your User Content:

• Following termination or deactivation of your account, M5, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.

6. CHILDREN'S PRIVACY

We are in compliance with the requirements of the Children’s Online Privacy Protection Act (“COPPA”). M5 does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. M5 products and services are directed to people who are at least 13 years of age. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

7. OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

8. HOW TO CONTACT US ABOUT A DECEASED USER

In the event of the death of an M5 User, please contact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.

9. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please find the appropriate support channel in the M5 Help Center at which to contact us.

10. CHANGES TO OUR PRIVACY POLICY

M5 may modify or update this Privacy Policy from time to time, so please review it periodically. Modifications and updates will be effective upon its posting. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of M5 products or the Service after any modification to this Privacy Policy will constitute your acceptance of any modifications or updates. This Privacy Policy is incorporated into, and is subject to, the Terms of Use.