COLLECTION OF INFORMATION

Guest and Member Registration Forms, Surveys, Sweepstakes and Contests

We collect personal information from you when you visit our clubs and websites, register as a guest or member, fill out a member or online profile, complete a survey, or participate in one of our sweepstakes, contests or other promotions.

We may collect the following information in connection with these activities:

• Name, address and phone numbers

• Email address(es)

• Username, password and club membership number

• Interests and preferences

• Date of birth

• Demographic information, including gender, marital status, and income level

• Emergency contact information

• Billing information

• Employer name, address and phone number

• Friends contact information to offer free guest memberships

Sweepstakes, contests and other incentive programs may be governed by additional terms and conditions as set forth in such programs

PASSIVE INFORMATION COLLECTION ONLINE

We automatically collect information online such as your Internet Service Provider and IP address, the pages that you visit, your browser type, your computer operating system, the site that you report having been referred from, and time of access. We store this information in a web server log. We use this information to improve your experience on our website and to aid in the diagnosis of website problems. Your IP address also is used to gather broad demographic information. For example, we might use your IP address to collect information concerning the most popular fitness classes for the clubs located within a particular geographic area.

We also collect information through "cookies." A "cookie" is a small file containing a string of characters that is sent to your computer when you visit one of our websites. When you visit the website again, the cookie allows that site to recognize your browser and customize your experience. For example, we might use a cookie to store the most recent parameters you used to search for a group fitness class so that you do not have to reenter that information the next time you do a search. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

COLLECTION OF INFORMATION FROM CHILDREN

We do not seek information directly from children. If you are under 13, you should not provide us with any information without the involvement of a parent or guardian. A parent or guardian may register a child age 14 or over to visit or join one of our clubs.

We comply with the Children's Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet. If the parent or guardian, of a user who is a minor, discovers that the user has submitted his or her personal information without the parent or guardian's permission or consent, we will take reasonable steps to remove that information from the website and our servers at the parent or guardian's request. To request removal of personal information of a minor, please contact us as set forth below and be sure to include in the message the user name and legal name of the minor.

HOW WE USE YOUR INFORMATION

If you provide your personal information to us, we may use that information to service your membership, send you news, information or promotions related to our sports clubs or other products and services. In some instances, you may receive information or promotions about products or services offered by another company.

At any time you may choose to opt-out from receiving promotional materials from us. You can opt-out of receiving emails by clicking on an "opt-out" link provided at the bottom of an email that you receive from us.

To the extent you disclose any personal information in user provided content areas of the Web Site (e.g., user forums), such information may be accessible by the general public. We are not responsible for protecting such information (e.g., publishing your telephone number if disclosed in a forum posting).

THIRD PARTIES

Subcontractors. From time to time we may share personal information with subcontractors or other unrelated third parties that provide us with services. These services may include, among other things, the creation or maintenance of our databases, or research and analysis concerning the people who request information from us. When you have provided personal information to us for a particular purpose, we may disclose such information to other companies that we have engaged to assist us in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers.

Law Enforcement. We fully cooperate with reasonable requests for information from law enforcement agencies. As a result, we reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property or safety of Empire Holdings, you, or one of our other customers.

Sharing Your Information as Permitted by Law. We may share your personal information with others as required by, or permitted by, law. This may include sharing your personal information with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights or defend against legal claims against us.

Transfers. In the unlikely event that Empire Holdings (or substantially all of its assets), or one of Empire Holdings' clubs or websites is acquired, your personal information may be transferred to the acquiring company. In such a situation, you will be provided with notice that a transfer of your personal information has occurred.

Demographic Information. As discussed above, we sometimes collect demographic information about our members and visitors. This information is shared with advertisers on an aggregate basis.

OTHER WEBSITES

Our website, or our emails, may link to websites unrelated to Empire Holdings. It is also possible that unrelated websites or emails from unrelated parties may link to our website. We are not responsible for the content or the privacy practices employed by any third party websites. We encourage you to read the privacy policies of these websites before transmitting any personal information. Empire Holdings has no control over these policies and therefore disclaims all liability for how these sites may use your personal information.

SECURITY

Our websites employ security measures designed to protect the loss, misuse, and alteration of the information under our control. Our hosting provider supplies physical security regarding the site as well as firewall protection to prevent unauthorized access. We use secure protocols online whenever sensitive information is being viewed or updated. Unfortunately, while we work hard to ensure the security of your personal information while it is on our systems, no security measures are perfect and data transmitted over the Internet cannot be guaranteed to be 100% secure. We cannot and do not ensure or warrant the security of any information you transmit and you do so at your own risk.

MODIFICATION OF YOUR PERSONAL INFORMATION

Once you have provided information to Empire Holdings, we may store and maintain that information indefinitely. If you would like to modify or correct the information you previously provided, you may:

• Update your account online

• Send a letter to the following postal address:

Empire Holdings

1001 N US-1

Suite 602

Jupiter, FL 33477

CHANGES TO THIS POLICY

We reserve the right to modify or amend this policy at any time by posting the revised privacy policy on our website. Any material changes in how we use or share your Personal information will only affect the information we collect after the effective date of the change to our privacy policy unless we clearly express otherwise.

CONTACT US

If you have any questions about this privacy statement, the practices of Empire Holdings or your dealings with our websites, please submit a form via the Contact Us page.