SKILLFITNESS, LLC

ONLINE PRIVACY & COOKIE POLICY

Effective 11/01/2018

1. Overview of our Online Privacy & Cookie Policy

This Online Privacy & Cookie Policy (“Privacy Policy”) governs use of our website, skillfitness.com (“the Site”), and other services that link to, or contain references to, this document and are published or made available by Skillfitness, LLC and its affiliates as applicable (“we”, “us” or “our”). Please read this Privacy Policy carefully. It summarizes the various ways we acquire and treat your Data when you access, visit and/or use the Site. If you are a registered user of Skillfitness software products and services, separate privacy policies will govern your use of those products and services. This Privacy Policy does not cover information collected on sites, applications, destinations, or services linked to from the Site that we do not own or control.

You can access this Privacy Policy any time in the footer of the Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Site you are using. By registering for any aspect of the Site, or otherwise accessing, visiting or using the Site, you consent to this Privacy Policy. If you do not agree with the terms and conditions of this Privacy Policy, you should not access, visit and/or use the Site. We advise that you print or retain a digital copy a copy of this Privacy Policy for future reference.

In addition to reviewing this Privacy Policy, please also review our Terms of Use and any other terms and conditions that may be posted elsewhere in the Site or otherwise communicated to our users, because the Terms of Use and all such terms and conditions are also part of the Agreement between you and us.

“Personally Identifiable Information” that alone or in combination with other information or in certain contexts can be used to identify, distinguish or trace you or the device(s) (collectively, “Device”) used to access the Site is referred to in this document as “PII”. PII, together with all other information about you and/or your Device(s) that we acquire is referred to collectively as your “Data.” “Content” as used herein refers generally to any type of information, including text, images, video, whether sourced from you, us or third parties.

This Privacy Policy may be modified from time to time, so check back often. So that you are aware changes have been made, we will adjust the “Last Revised” date at the beginning of this document. If we make a significant change in the way we use or share your PII, we will also post on the Site a prominent notice that a change was made. Continued access of the Site by you will constitute your acceptance of any changes or revisions to the Privacy Policy.

2. The Types of Data Acquired About You

a. Personally Identifiable Information (PII). We acquire PII that may include, in certain contexts, your name, postal address, zip code, email address, and telephone number. We also acquire your IP address, User ID, and/or Device ID, which certain jurisdictions consider to be PII because it could be used to identify an individual or Device if it were combined with other identifying information.

b. Sensitive PII. We generally do not request on or through the Site any Data that is often considered “highly sensitive,” such as financial account information (e.g., credit report information, bank account numbers), personal health information, or government issued identification numbers (e.g., social security number, drivers’ license number, or passport number), although we reserve the right to do so when such Data is necessary to offer you certain services.

c. Anonymous Data. Some of the Data that we acquire cannot identify, distinguish or trace you or your Device, even if combined with other identifying information, and some Data that could be considered PII when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your Device, but is instead used in an anonymous way, often aggregated with other anonymous Data about other users.

3. How We Acquire Your Data

a. Data You Provide. We mostly receive PII because you provide it to us. For instance, when you register and/or set up an account/profile, you may be provided, or required to choose, a password and/or User ID, as well as your name, telephone number(s), email and/or street address. Other Data such as your age, gender, and preferences may also be requested. In addition, we may acquire your Data when you contact us by telephone, postal mail, social media interaction or messaging (e.g., email, SMS, MMS, or similar technologies). We also may acquire information that you provide about other people, for example.

b. Data Automatically Collected. The Site may also automatically collect Data about you, your online behavior and your Device. The Data collected may include, without limitation, the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of you and/or your Device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The Site may collect your Data even if the Site is not open on your Device or you’re not logged in.

c. Data Acquired Elsewhere. We may also acquire your PII or other Data offline or otherwise outside of the Site. For example, we may purchase or otherwise acquire such Data from third party data suppliers. We reserve the right to merge or co-mingle this other Data with your PII and Data collected on or through the Site.

d. Social Network Integration. If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with the Site, we may receive your Data that has been made available to those services, including information about your contacts on those services. For example, some social networking services allow you to push Content from our Site to your contacts or to pull information about your contacts so you can connect with them on or through our Site. Some social networking services also will facilitate your registration for our Site or enhance or personalize your experience on our Site. Your decision to use a social networking service in connection with our Site is voluntary. However, you should make sure you are comfortable with your Data the third party social networking services may make available us by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services. We reserve the right to use, transfer, assign, sell, share, and provide access to all of your Data that we receive through third-party social networking services in the same ways as all of your Data we receive through our Site (as described in Section 4 below).

e. Be Careful Publicly Posting PII. Please be aware that Content and PII that you disclose in publicly accessible portions of the Site may be available to other users, and may also be made available outside the Site by third parties, so you should be mindful of all PII, especially sensitive PII, that you may wish to post.

4. How We Use Your Data

a. Processing Your Requests for Content. We use your Data to process your request for Content. For example, if you request an e-book from us, we may use your e-mail address to send you a confirmation notice and your mailing address or e-mail address to send you a download link or e-book file.

b. Administering the Site. We also use your Data for any lawful business purpose in connection with administering the Site, including without limitation for customer service, to help diagnose problems with servers, to improve Content or products that we offer by tailoring them to your needs, to gather broad demographic information, to analyze trends, to seek compatible advertisers, sponsors, clients and customers, and to track users’ movements around the Site and elsewhere on the web or across apps and/ devices. Your geographic location Data may specifically be used to show you Content (including advertising and sponsored messaging) based on geographic location.

c. Access by Third Party Providers. We may also allow access to your Data by third party providers (“Third Party Providers”) that provide us with services, such as technical maintenance, market research, community and forums management, e-commerce, personal/job search and other advertising functionality, but only for the purpose of and to the extent necessary to provide those services. There are also times when you provide Data to us in areas of the Site that may be managed or participated in by one or more Third Party Providers. In such cases, the Data may be used by us and by such Third Party Provider(s), each pursuant to its own policies. While we may seek to require Third Party Providers to follow appropriate privacy policies and will not authorize them to use your Data except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.

d. Marketing Communications. We may also use your Data to communicate with you about new features, events or products offered by us, Third Party Providers, our advertisers, and other companies and individuals with which we have a relationship.

e. Health, Safety, and Legal Requests. We reserve the right to access, use, and share with others your Data for purposes of health, safety and other matters in the public interest. We may also provide access to your Data in order to cooperate with official investigations or legal proceedings brought by or otherwise involving governmental and/or law enforcement officials, as well as private parties, including, for example, in response to subpoenas, search warrants, court orders, or other legal process. We may also provide access to protect our rights and property and those of our agents, customers, and others including to enforce our agreements, policies, and terms of use.

f. Employment Opportunities. If you provide your PII to us in connection with an employment inquiry, without limiting the applicability of the rest of this Privacy Policy, we will use your PII to evaluate your job application, and for related recruiting, reporting and record keeping purposes. We may maintain your PII on file, whether we hire you or not, to administer your relationship with us and/or for job applicant related reporting and record keeping for as long as required or permitted by law.

g. Transfer or Sale of Our Business. As our business changes, we may buy or sell various assets owned or controlled by us. In the event all or a portion of the assets are sold, assigned, transferred or acquired by another company due to merger, divestiture, restructuring, reorganization, dissolution, financing, acquisition, bankruptcy or otherwise, your Data may be among the transferred assets.

h. Combining Your Anonymous Data with PII. We reserve the right to merge or co-mingle anonymous, non-personally identifiable Data about you, your offline and online behavior, and/or your Device (including its geographic location), with your PII for any lawful business purpose.

5. Sharing Your Data for Marketing; Opt-Out; How to Update Your Data

a. Sharing Your Data for Marketing. Unless otherwise specified on the Site or modified by you hereinafter, you agree that we may sell or share your Data with other third parties who we think may offer or enable you to become aware of products that may be of interest to you.

b. How to Withdraw Consent for Sharing for Marketing. If you do not wish to have PII such as your name, email address, postal address or phone number shared with third parties for their marketing purposes, contact our Privacy Policy Coordinator as described at the end of this document. But note that, in order for us to properly administer the Site, we must continue to share your Data with Third Party Providers as described in Section 4.c. above (if you object to such sharing, you should not use the Site). Note also that this option to opt-out applies only to PII, and not Anonymous Data.

c. How to Withdraw Consent for Receipt of Marketing Messages from Us. If you do not wish to receive marketing or other commercial messages from us hereinafter, simply follow the unsubscribe instructions contained within the message you receive. But note that you may continue to receive certain communications from us that are necessary for the Site, such as invoices, technical notices, updates, security alerts, and support and administrative service bulletins.

d. How to Update Your PII. If you have provided contact details on any part of the Site, please use the mechanism or contact information on the Site that allows you to change or update your member preferences, if available, to keep all such Data accurate and up-to-date. If no such mechanism or contact information is available on the Site, contact our Privacy Policy Coordinator as described below with your changes.

6. Cookies and Related Technologies; Do Not Track (DNT)

a. Cookies/Local Device Storage. The Site will at times place and/or store code or other types of information and/or software on your Device or within your browser, such as cookies (including flash cookies), locally shared objects, and HTML5 (collectively, “Local Device Storage”). We and Third Party Providers may use local device storage (“Local Device Storage”) in connection with the Site for any lawful business purpose, including without limitation to determine whether you have seen a particular advertisement before on the same or different Device and to otherwise control the display of ads, to track the movements of individual users through the Site and elsewhere on the web or across apps, devices, and geographic locations, to help diagnose problems with servers, to gather broad demographic information, to conduct research, to deliver editorial Content, to record registration and personalization information, and to otherwise administer the Site.

b. You May Disable Local Device Storage. If you do not want Local Device Storage, your Device or browser may include an option that allows you to not accept it. However, if you disable Local Device Storage, some portions of the Site may not function properly.

c. Tracking Technologies. In addition to Local Device Storage, we may use web beacons, web bugs, internet or pixel tags, clear gifs, digital fingerprinting (aka “Machine Identification”) and similar technologies (collectively, together with Local Device Storage, the “Tracking Technologies”) on the Site and in our communications with you, such as within e-mail and text messages and push notifications. We use Tracking Technologies to determine which of our messages have been opened by recipients, and for all or some of the same lawful business purposes we describe above for use of Local Device Storage.

d. Do Not Track (DNT). Your browser setting may allow you to automatically transmit a “Do Not Track” (DNT) signal to websites and online services that you visit. There is no consensus among industry participants as to what DNT means in this context, and some browsers automatically apply DNT signals by default and therefore do not necessarily reflect our visitors’ choice as to whether they wish to receive advertisements tailored to their interests. As a result, like many websites and online services, we do not alter our practices when the Site receives a DNT signal from a visitor’s browser. As discussed below, you may opt out of the use of your Data for online behavioral advertising by third parties at any time. To find out more about DNT, please visit http://allaboutdnt.com.

7. Online Behavioral Advertising (OBA) and How to Opt-Out of OBA

a. How OBA Works. We and our Third Party Providers will at times also use Tracking Technologies for purposes of “online behavioral advertising” (OBA). OBA allows the serving of advertisements tailored to interests you have shown by browsing on the Site and on other sites, applications, destinations, and services, using the same or a different Device. To enable OBA, we and these Third Party Providers use Tracking Technologies to collect Data including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of your Device, as well as date/time stamp, IP address, pages visited, time of visits, Content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The use of Tracking Technologies by Third Party Providers is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith.

b. Opt-Out of OBA. If you do not want OBA, you may be able to opt-out by visiting http://www.aboutads.info, http://www.networkadvertising.org and/or by clicking the “Ad Choices” icon that appears in advertising served through OBA. Please note that the option to opt-out applies only to tracking by Third Party Providers across this Service and other sites, applications, destinations, and services, and not tracking among pages within the Site itself. Residents of the European Economic Area (EEA) and Switzerland have additional options as described below in Section 11 to exercise choices with respect to OBA.

8. Transfer of Your Data Among Jurisdictions

We are a global business with headquarters in the United States. Your Data may be processed, transferred to, and maintained on, servers and databases located within the U.S. and elsewhere where the privacy laws may not be as protective as your jurisdiction. We reserve the right to transfer your Data to and from any state, province, country or other governmental jurisdiction. However, when we transfer your personal information to other countries, we will endeavor to protect that information in accordance with applicable law. Your consent to this Privacy Policy followed by your submission or our collection of such Data represents your agreement to any such transfer.

9. Data Security and Notification

a. Security Measures. We take commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, PII that you share with us.

b. No Liability for Breach. Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the Data that you send to us or the security of servers, networks or databases, and by using the Site you agree to assume all risk in connection with your Data. We are not responsible for any loss of such Data or the consequences thereof.

c. Breach Notification. In the event that we believe the security of your Data in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, push notification, or otherwise.

10. Children

We do not knowingly collect any personal information from children under the age of thirteen (13) without parental consent, unless permitted by law. If we learn that a child under the age of thirteen (13) has provided us with personal information, we will delete it in accordance with applicable law.

11. Notice to California Customers – Your Privacy Rights

a. Shine the Light. California’s “Shine the Light” law, Civil Code Section 1798.83, gives California customers the right to prevent our disclosure of their personal information to third parties for those third parties’ direct marketing purposes, and requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above in Section 5.c., if you wish to opt-out of our sharing of your Data with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact our Privacy Policy Coordinator as described below.

b. Online Erasure. California’s “Online Erasure” law, Business and Professions Code Sections 22580-22582, requires operators of certain websites and online services to allow registered users who are under the age of 18 and residents of California to request removal of Content they post. If you fit that description and posted Content on a section of our Site that is directed to minors, you may request removal of the Content by contacting our Privacy Policy Coordinator as described below. In response to your request, we may elect to make the Content invisible to other users and the public (rather than deleting it entirely), in which case the Content may remain on servers we control and/or may be publicly available elsewhere if a third party copied and reposted the Content.

12. Notice to Residents of the European Economic Area (EEA) and Switzerland under the General Data Protection Regulation

a. Purposes of Processing. As explained in Section 4 above, we process your Data to process your requests for Content or products, administer the Site, facilitate access by Third Party Providers, make marketing communications, facilitate health, safety and legal requests, respond to your requests in connection with employment opportunities, transfer or sell our business, and to combine data sets. As explained in Sections 5 – 7, we may also use, transfer and otherwise process Data acquired from you directly or by use of Tracking Technologies, for marketing purposes, including to serve you with Online Behavioral Advertising (OBA).

b. Legal Basis for Processing. We serve you with OBA with your consent, and you have the right to withdraw consent at any time as described in Section 7 above, by visiting our Consent Tool, or by contacting our Privacy Policy Coordinator described below. We rely on the legitimate interest basis of processing for the other activities described in subsection a. above because processing Data is necessary to provide you with our content or products and to respond to your requests, our activities are reasonably expected by our visitors, and those activities do not unduly and negatively affect the privacy rights of our visitors. When you request content or information or engage in another type of transaction with us, we may process your Data to fulfill that contract.

c. Transfers. As described in Section 8 above, your Data may be processed in or transferred to the U.S. or elsewhere in the world. We will work to ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards.

d. Individual Rights. If you are a resident of the EEA or Switzerland, you are entitled to the following rights. Contact our Privacy Policy Coordinator as described below to exercise these rights. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing Data.

1. Right to access and rectify your Data. You have the right to obtain information about our processing of Data and a copy of your Data that we store. You have the right to request that we update your Data if it is inaccurate or incomplete.

2. Right to request erasure of your Data. You have the right to have your Data erased from our systems if the Data is no longer necessary for the purpose for which it was collected or you withdraw consent and no other legal basis for processing exists.

3. Right to restrict our processing of your Data. You have the right to restrict our processing if you contest the accuracy of the Data we store about you, our processing is deemed unlawful and you oppose erasure of your Data, or we no longer need the Data for the purposes for which we collected it but we must store it to comply with our legal obligations.

4. Right to portability of your Data. You have the right to receive your Data and to transmit it to another controller where our processing is based on consent you gave us and was carried out by automated means.

5. Right to object to our processing of your Data. You have the right to object to our processing where we process Data based on legitimate interest.

6. Right to lodge a complaint. You have the right to lodge a complaint about our Data collection and processing actions to your data protection authority. Contact details for data protection authorities are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

e. Time for Response. We will endeavor to respond to all requests, inquiries or concerns under this section within thirty (30) days.

f. EEA Representative. If you are a Data Protection Authority in the EEA with questions about this policy or the Site, please contact our Privacy Policy Coordinator as described in Section 13 below.

13. Privacy Policy Coordinator

If you have any concerns or questions about any aspect of this Privacy Policy, please contact our Privacy Policy Coordinator as follows:

Privacy Policy Coordinator

Skillfitness, LLC

Union Plaza

333 Washington Ave N, Suite 300

Minneapolis, MN 55401

612.309.7879

byoung@skillfitness.com

As discussed above in Sections 5.b. and 12, you may opt-out of having PII such as your name, email address, postal address or phone number shared with third parties for their marketing purposes. If you wish to exercise this right, please contact our Privacy Policy Coordinator and state which of these items you wish to opt-out of sharing with third parties.

Also, as discussed above in Section 5.d., if you have registered on any part of the Site and you wish to update or make changes to your PII on file with us, you may contact our Privacy Policy Coordinator.

Make sure to include enough information for us to help you, including for example your name, contact information, and the specific website, mobile site, and/or other service you’re contacting us about.

Note: Only inquiries about this policy or your PII should be sent to the Privacy Policy Coordinator. No other communications will be accepted or responded to.

For communications on other matters, please contact us through the “Contact Us” section of the Site).

* * * * * * * * * * * * * *

If you don’t agree to the terms contained in this Privacy Policy, you must immediately exit the Site. Further, if you don’t agree to the terms herein, we may not be able to fulfill any purchase orders for Products even if made in another means besides the Site.