Contact details of data controller (as defined in applicable regulations): Classworx, Inc. 5051 Peachtree Corners Circle 200 Norcross, Georgia 30092 E-mail support@classworx.com

Data Protection Contact: support@classworx.com

We collect and process the following Personal Data about you, and provide the reasons for collecting and the retention period we hold this data below. We do not share, sell, rent or trade Personal Data with third parties for their commercial purposes, except when you have consented.

1. Personal information processed by ClassWorx

If you use ClassWorx, we process the following data as the data controller:

For all Instructors:

1. Account and profile information. This is data that all Users provide when creating a ClassWorx account and profile, in order for us to carry out the establishment of the account and granting access to the Platform. This can include:
   1. Email address
   2. User name
   3. Password
   4. Profile photo
   5. Biography

For All Students:

1. Account and profile information. This is data that all Users provide when creating a ClassWorx account and profile, in order for us to carry out the establishment of the account and granting access to the Platform. This can include:
   i. Email address
   ii. User name
   iii. Password
   iv. Profile photo (if required)
   
   You may also sign up for a ClassWorx account using Facebook, in which case we will ask permission to access basic information from your Facebook account, such as your email address and name. You may use Facebook Products (as defined here) to fill in the details in your profile, in which case we will again ask your permission to access your profile information (as above) to fill in your ClassWorx profile. Linking your profile information enhances the Platform’s efficiency by helping Users to find each other. Anything you enter in your profile will be processed by ClassWorx.
2. We automatically store any comments or messages you submit on ClassWorx, whether to us or to another User, and whether via messaging, chat, or email. We also store some notes of correspondence with you.
3. We collect data such as the last time you have used ClassWorx, whether you are an Instructor or Attendee, and the content you view on ClassWorx, which is used to help optimize the Platform’s efficacy.
4. All User-generated content, including audio, as well as comments/chat information that a User chooses to provide (including use of camera and microphone and the User’s image during a Class Photo), during a Class, is processed by ClassWorx.
5. We collect information on the number of Classes instructed/attended, and information on aggregate amount received / paid and refunded/credited for each User.
6. We collect aggregated information on Class and Instructor preferences for our music feature, ClassWorx Music, through our third party partner.

For Attendees:

1. An Attendee is a User who books, pays or attends Classes. In order to attend Classes, you must create a profile (as above).
2. In order to pay an Instructor, you must provide additional information to Stripe, our payment processor. This additional information includes:
   1. First and last name
   2. Credit card details (ClassWorx, Inc. will process credit card transactions through Stripe. It does not receive or store any of your credit or debit card information.)
3. We collect information on how many ClassWorx classes an Attendee has joined, which Instructors you attend Classes with, and how often you attend Classes.
4. We collect aggregated Class-level analytics for each Attendee.

For Instructors:

1. An Instructor is a User who creates, schedules, streams, and hosts paid or free Classes and other content through the Platform. To become an Instructor, you must create a profile (as above) and also a description of each Class you are offering.
2. In order to receive payments from your Attendees you must provide information to Stripe, our payment processor. This additional information includes:
   0. Your date of birth
   1. Email address
   2. Home address
   3. Phone number
   4. Last four digits of your Social Security number
   5. Some basic business details
   6. Full social security number (in some cases)
   7. A copy of your official ID (in some cases)
3. ClassWorx does not have access to this information, but can request date of birth, home address and phone number, if needed, for identification purposes.
4. In order to receive payouts from Stripe, you will need to provide bank account information to them. This information includes:
   0. Routing number of a US bank
   1. Account holder name
   2. Account number of a US bank account
   3. Account holder full name
   4. Account type (individual or business)
5. Payment and payout data is held for as long as you have business terms with ClassWorx. ClassWorx does not have access to this information, but does receive an identifier containing the bank name, routing number and last four digits of the account number, and ClassWorx can request account holder name and account type on a user if required.
6. 4. We collect aggregated Class-level analytics for each Instructor.

b. Information automatically collected by ClassWorx

You can visit ClassWorx without telling us who you are. For technical reasons, however, we collect the following data that your browser transmits to our server when you are navigating the site or through some third party providers:

• IP address
• date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (concrete page)
• Access status/HTTP status code
• amount of data transferred in each case
• Website from which the request originates
• browser
• operating system and its interface
• anonymous website activity logs
• language and version of the browser software

We use this data for the legitimate interest of displaying our website to you and providing stability and security in the operation of our website.

3. We collect / process Personal Data about you in the following ways:
   • When you register for ClassWorx or consent to receive emails from us
   • When you create an account and profile on ClassWorx
   • When you book or pay for a Class
   • When you order services from us
   • When you submit a query or request to us
   • When you message or email us, such as for technical or other reasons
   • When you respond to a survey that we run or fill in forms on one of our websites
   • By tracking your use of our websites
   • When you create content such as appearing in Classes, live video, audio or messages to Instructors or ClassWorx

How we use your personal data

We use Personal Data that we collect about you for the following purposes and on the following legal bases:

• When you provide us with consent to the processing of your Personal Data for one or more specific purposes. Example:
  • To keep you informed about our activities. Upon submission of your request, you will receive at the specified email address a double opt-in request to confirm the consent to receive updates from us, which include emails relevant to your usage of ClassWorx.
• When there is a legitimate interest, meaning the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests.
  Examples:
  • Handling contact and user support requests
  • When adding a Class to your calendar
  • To improve our website and Classes based on your information and feedback
  • To carry out market analysis and research
  • To monitor the use of our products and services
  • To assess, maintain, upgrade and improve our products and services
  • To carry out education and training programs for our staff
  • To manage and resolve any legal or commercial complaints or issues, or to prevent fraud and abuse on the Platform
  • To carry out planning and forecasting activities and other internal business processes
• In the performance of a contract with us. This means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  Examples:
  
  • To verify your identity when you are dealing with us
  • To provide the Platform, including the Classes, to you
  • To allow you to sign in to your account
  • To allow you to join a Class
  • To process payments through our third party payment processor
  • To send you emails regarding your confirmed Classes, or other emails that are transactional in nature
  • To create and send you via email a Class Photo
• If you have approved (opted-in) receiving marketing materials from us, to send you marketing materials about products or services that we think you may be interested in (including in some cases products and services that are provided by a third party). We may use your following Personal Data for the purpose of direct marketing.
  • identifying information, such as your name and date of birth
  • contact information, such as your postal address and email address
  • products and services portfolio information and demographic data held by us from time to time
• You can revoke your consent at any time in the following ways:
  • Click the “Unsubscribe” button in the emails you receive from us
  • Sending an e-mail to support@classworx.com
  • By sending a message to the contact details provided on the classworx.com.

​Sharing of personal information

1. Information We Share

   We may share Personal Data about you only if it is necessary for the purposes described above and only on a legal basis. We might share your Personal Data with:

   • Your representatives, advisers, and others you have authorized to interact with us on your behalf
   • Our staff who need the information to discharge their duties
   • Related entities within our corporate group in order to fulfill the services
   • Instructors and other third parties in order to fulfill the services
   • Payment system operators and financial institutions in order to fulfill the services
   • Government authorities who ask us to disclose that information, or to other people as required by law
2. Information We Share with Third Parties

   We use external service providers for processing of some Personal Data. Within the framework of a contract for data processing, these service Providers have committed themselves, among other things, to observing appropriate technical and organizational measures for data security and act in accordance with instructions on our behalf. Our main service providers are listed below but are subject to change. We never sell your Personal Data to third parties.

   Amazon Web Services, INC. ​(AWS), USA
   We use AWS to handle our infrastructure, hosted on AWS virtual servers located in Virginia. For more information, please read AWS Privacy Policy.

   We use Google Analytics for the legitimate interest of analyzing the use of our website. Our analytics service provider generates statistical and other information about website use by means of cookies. Google Analytics is present on the website and software through the means of Google Tag Manager which through its code snippet delivers the Google Analytics cookie. You can read more on Google cookies in the Cookies subsection of the Privacy Policy. Google Analytics’ privacy policies are available here.

   The information generated by the cookie about your use of our website (including your anonymized IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

   Stripe , ​USA
   We use Stripe as our payment processing service. Stripe allows Attendees to pay for their Classes and allows Instructors to receive funds. ClassWorx does not collect or store payment card numbers and all transactions are processed by Stripe. Information collected by Stripe, including full payment card information, is governed by rigorous data protection standards that apply to the payment card industry. For more information on how Stripe processes your data, please refer to their Privacy Policy.

   Feed Media Inc., USA
   Feed is our music partner for ClassWorx Music. For more information on how Feed processes your data, please refer to their Privacy Policy.

   Facebook Inc., USA
   ClassWorx uses Facebook Products, including Facebook and Instagram, for login and profile creation. Both Participants and Instructors can use their Facebook credentials to log in to ClassWorx. Participants and Instructors can also connect their Instagram account to their ClassWorx profile in order to complete their ClassWorx profile. As stated above, in these cases, we collect certain information about you from your Facebook or Instagram account, and you allow us access to certain aspects of your Facebook or Instagram account by consenting. We also use Facebook Pixels for Performance / Analytics purposes. For more information on how Facebook processes your data, please refer to their Privacy Policy.

   We may also share data with third parties when necessary in order to comply with a legal or regulatory obligation.

3. Information Shared with Instructors

   When you sign up for a Class with an Instructor, the following information is shared with that Instructor, as stated in our Terms of Service:

   • Your name, email address, and any information in your ClassWorx profile (including information from Facebook Products used to fill in your ClassWorx profile)
   • Any messages you send to Instructors through ClassWorx
   • Anything you state or show on the shared screen during the live stream of the Class
     • You have control over your privacy as an Attendee; you can decide if you want the Instructor or other Attendees to see your video and hear your during the Class as an Interactive Attendee.
   • Anything you state or show during the warm-up and cool down rooms (for fitness classes)
   • Your image and first name for a Class Photo
   • Whether or not this is your first Class with that Instructor, and the total number of Classes you have attended with that Instructor

   If you (or any User) choose to engage in public activities on ClassWorx, you do so at your own risk. You should be aware that any information you share may be read, seen, photographed, recorded and subsequently used by other Users (Including Instructors) without our consent. You should therefore use caution in disclosing Personal Data. We are not responsible for the information you choose to submit in these situations.

4. Information We Share with the Public
   The following information is publicly available to visitors to the Platform, as well as Users, as per our Terms:
   • Instructor name, picture and ClassWorx profile
5. Information We Share with Other Attendees
   The following additional information of Attendees is available to other Attendees in group Classes during the (for fitness classes) warm up room and cool down room, as per our Terms:
   • Attendee first name, profile picture and ClassWorx profile
   • Any audio and video participation during the warm up and cool down rooms
   • Your image and first name for a Class Photo

Retention of your personal data

We retain your Personal Data for a period of time consistent with the original purpose of collection. We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as statutes of limitation).

After the retention period ends, your Personal Data will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of the data.

Device and storage data we process

1. Cookies

   We use cookies for the legitimate interests of monitoring and observing your use of our websites, compiling aggregate data about that use, and providing you with a more effective service on ClassWorx. "Cookies" are small text files that a website saves on your computer or device when you visit the site. This small text file enables a site to remember your actions and preferences for a specified period of time so you don’t have to re-enter your login or settings information each time you visit a new page on ClassWorx.

   We don’t use cookies for any purposes other than those described here.

   We also include web beacons in the emails we deliver to you. We use the data from those web beacons to understand the aggregate open rate of emails we send to our users.

2. Types of Cookies Used

   We currently use the following cookie types:

   Security / Authentication:
   ClassWorx uses some necessary cookies which are vital to ensuring that Class works properly for visitors and Users, such as maintaining the security, safety and integrity of the Platform, authentication and logging in (including remembering permissions and consents you have granted) and ensuring the ability to securely complete transactions.

   Performance / Analytics and Research:
   Some technologies help provide performance data on how ClassWorx is functioning in order to make improvements to it. Data collected on site functionality and speed, how ClassWorx is used and detecting and gathering reporting on bugs helps improve the Platform. Some third-party cookies collect and analyze information about your use of ClassWorx and report on activities and trends. Our analytics cookies are from Virtual Class Services, Inc., as well as Google Tag Manager, Google Analytics, and Google Optimize, Google Ads, and Pixels from Facebook.

   Preferences / Localization:
   Cookies enable your personalized views and settings, and provide localized experiences.

   If you have any specific questions on the cookies we are using please do not hesitate to contact us.

   Advertising Cookies:
   We use third party advertising cookies to present you with ClassWorx advertising while on other websites, as well as for retargeting.

3. How to manage cookies
   Most internet browsers have an option to allow you to disable cookies altogether – please refer to your browser’s help menu to find out how to do this. You may always go to your browser history settings and clear your cookies. You also typically have the ability to accept or decline cookies by modifying the settings in your browser. If you choose to disable cookies, you may still use ClassWorx, however you may have limited access to some areas.

   Additionally, you may use the following tools in order to opt-out from certain cookies:
   https://tools.google.com/dlpage/gaoptout - for Google Analytics cookies
   https://optout.aboutads.info/?c=2&lang=EN in the USA
   https://youradchoices.ca/ in Canada
   https://www.youronlinechoices.com/ in EU

​International transfer of information collected

Your Personal Data may be collected, transferred to and stored by us in the United States and by our affiliates in other countries where we operate. Therefore, if you are an EU data subject, your Personal Data may be processed outside the EEA, and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection in the EEA. In this event, we will ensure that such a recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission.

​Your rights relating to your personal data

1. Your data rights
   Users in certain locations may have rights, including those under the EU General Data Protection Regulation 2016/679 (“GDPR”), the California Consumer Privacy Act (CCPA) or other analogous legislation in other jurisdictions regarding data that ClassWorx controls as a Controller under the GDPR, CCPA or similar (“Personal Data”), including:
   • To request access to Personal Data that we may process about you (right to access);
   • To require us to correct any inaccuracies in your data, free of charge (right to rectification);
   • To erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; the right to be forgotten);
   • To restrict/oppose our processing of your Personal Data (right to a restriction of processing/right to object);
   • To transfer your Personal Data to another controller to the extent possible (right to data portability);
   • Where we process your Personal Data for direct marketing purposes (after explicit opt-in) or share it with third parties for their direct marketing purposes, to object at any time to this processing without giving a specific reason, including to opt out of the sale of Personal Data;
   • Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects ("Automated Decision-Making"; Automated Decision-Making currently does not take place on our websites);
   • To withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

   We do not discriminate against Users who exercise their privacy rights.

   If you submit a request to exercise your privacy rights, you may be asked to verify the request by logging into your ClassWorx account. If we are unable to verify your request, then for your protection, we reserve the right to deny the request.

   In certain cases, we may charge you an administration fee for providing you with access to the information you have asked for, but we will inform you of this before proceeding.

   There may be cases where we aren’t able to provide the information you request, such as where it would interfere with the privacy of others or result in a breach of confidentiality. In these cases, we will let you know.

   Even if you do not request access to and/or correct your Personal Data held by us, we may take reasonable steps to correct Personal Data that is inaccurate, incomplete, out-of-date, irrelevant or misleading.

2. How to exercise your rights

   To exercise your rights, please contact us in accordance with the “Contact Us” section below.

   If you want to exercise your right to have us stop processing your Personal Data for direct marketing purposes, you can do this via the Unsubscribe link present in every email from us, or directly via email, in which case you should put your request in writing (an email with a header that says 'Unsubscribe'); provide us with enough information to identify you, and if your objection is not to direct marketing in general, but to direct marketing by a particular channel, please specify which channel.

Deleting your account

If you no longer want to use ClassWorx, and would like to delete your account, please reach out to us at support@classworx.com. Once your account is deleted, your profile will be removed from the Platform and we may delete all of your Personal Data.

​Storage and security of personal data

The security of your Personal Data is important to us. We generally store the Personal Data that we collect in electronic databases, some of which may be held on our behalf by third party data storage providers. Sometimes we also keep hard copy records of this Personal Data in physical storage facilities.

ClassWorx’s systems do not access your full credit card number. We use a range of physical and technical security processes and procedures to protect the confidentiality and security of the information that we hold, and we update these from time to time to address new and emerging security threats that you become aware of.

We also take steps to monitor access to and modification of your information by our staff, and ensure that our staff is aware of and properly trained in their obligations for managing your privacy.

As a User of the Platform, you can help prevent unauthorized access to your account and information by choosing a strong and unique password which is stored in a password manager.

Please do not engage in any behavior that endangers the security of our website and Users. This prohibited behavior includes items described in our Terms as well as the following list, which is not exhaustive:

• Illegal activities
• Distribution of others’ Personal Data, including Users distributing Personal Data of other Users
• Spam/Malware
• Service Degradation
• Data Mining
• Reverse Engineering

If you do engage in these behaviors or otherwise endanger the security of the Platform or ClassWorx website, or Users, we may terminate your ClassWorx account.

Children

Our websites and Services are not directed at children under 13, and children may not create an account or otherwise use ClassWorx.

California residents

California residents may be entitled to obtain information about Personal Data. The California Consumer Privacy Act (CCPA) allows California residents to request access to the specific pieces and categories of Personal Data that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. ClassWorx provides you the right to access your Personal Data by emailing us at support@classworx.com.

California residents also have the right to submit a request for deletion of information at support@classworx.com.

"DO-NOT-TRACK” TECHNOLOGIES

We do not respond to browser “Do-Not-Track” signals.

Complaints

We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your Personal Data and think we may have breached any applicable privacy laws or any other relevant obligation, please contact us using the details set out below.

We will make a record of your complaint, will deal with the matter as soon as we can, and keep you informed of the progress of our investigation.

If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved to your satisfaction, you are entitled to make a complaint to the proper authorities.

Contacting us

This policy is part of ClassWorx. If you need any further information from us on privacy matters, please contact our privacy compliance team at support@classworx.com.

Or mail us:
Classworx, Inc. 5051 Peachtree Circle 200 Norcross, Georgia 30092

If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority.

​Changes to the policy

We periodically update this Privacy Policy. If we make materially different changes that affect your rights under this policy, we will notify you via email. Continuing to use the Platform after a change to this policy means you accept the new policy.