PRIVACY POLICY

Protecting your private information is our priority. This Privacy Policy (“Policy”) applies to www.climboso.com (the “Site”) and Oso Fitness Holdings Inc. and any subsidiaries and affiliates (“Oso”, “we”, “us” or “our”) belonging to Oso Fitness Holdings Inc., and describes the collection, use and disclosure of information and data we collect about users of the Site. By accessing the Site, you agree that your personal information will be handled as described in this Policy and consent to the data practices described within this Policy. Your use of our Site, and any dispute over privacy, is subject to this Policy and to our Terms & Conditions, including its applicable limitations on damages and the resolution of disputes. The Oso Terms and Conditions are incorporated by reference into this Policy.

COLLECTION OF YOUR PERSONAL INFORMATION

We collect information about you directly from you (both online and in store) and from third parties, as well as automatically through your use of our Site. In order to better provide you with products and services offered on our Site, Oso may collect personally identifiable information, including but not limited to: your first and last name, mailing address, email address, phone number, and password. If you purchase products or services from Oso, we collect billing and credit card information and purchase history. This information is used to complete the purchase transaction. We also may collect information about your workout preferences, such as your preferred climbing route difficulties, bike size and settings, and your fitness apparel sizes, including shoe size preferences. If you provide this information directly to one of our gym employees, we may associate this information with your account (e.g., if you sign up for a class while you are in the gym). Oso may also collect anonymous demographic information, which is not unique to you, including but not limited to, your: age and gender. Please keep in mind that any information you disclose through public message boards belonging to Oso may be collected and/or used by Oso or others.

You may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

INFORMATION WE COLLECT FROM THIRD PARTIES

You’re To create an account and use the facility, Oso requires emergency contact information for customers. When a customer creates an online account with Oso, Oso will collect the name and phone number of their emergency contact. Oso customers and members also may provide Oso information about their friends, e.g., so that Oso can invite others to try classes.

USE OF YOUR PERSONAL INFORMATION

Oso collects and uses your personal information for the following purposes and as otherwise permitted by law: (1) provide and communicate services offered by Oso to you, (2) customer service purposes including responding to inquiries and comments and fulfilling purchases, (3) offer personalized information, content, services and offers, (4) marketing and promotional services including offers, specials, promotions, newsletters, emails, and third-party products and services, (5) to contact you, (6) assist in marketing and advertising on third-party websites and social media/networking platforms, (7) conduct surveys and questionnaires, (8) business purposes including the sale and restructuring of Oso, (9) comply with all applicable laws and protect Oso and others and (10) research and analytical purposes to better understand how users access and interact with the Site and to modify and improve the Site.

SHARING INFORMATION WITH THIRD PARTIES

Oso may share data and your personal information with affiliates, partners, or service providers to help perform statistical analysis, send you email or postal mail, provide customer support, arrange for deliveries and other business related purposes including in the event Oso merges with another company or sells some or all of its assets to another company.

Oso may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Oso or the Site, (2) protect and defend the rights or property of Oso, (3) protect Oso or others, and/or (4) act under exigent circumstances to protect the personal safety of users of Oso, or the public.

TRACKING USER BEHAVIOR

Oso and its third-party service providers may keep track of information relating to your use of the Site and the websites and pages our users visit within the Site. This data may be combined with your personal information and may be used to deliver customized content and advertising to customers.

AUTOMATICALLY COLLECTED INFORMATION

Information about your computer hardware and software may be automatically collected by Oso and its third-party service providers. This information can include, but is not limited to: your IP address, browser type, domain names, access times and referring website addresses. This information may be used for the operation of the Site, to maintain quality of the Site, and to provide general statistics regarding use of the Site.

USE OF COOKIES

The Site may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies are uniquely assigned to you, and can be read by a web server in the domain that issued the cookie to you.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.

SOCIAL NETWORKS AND AD PROVIDERS

Oso may use third-party service providers, including but not limited to, social media platforms and network advertisers, to provide advertisements and other media. Such advertisements and other media may include targeted advertisements to you for products and services. Third-party ad network providers and advertisers may use cookies and other tracking technologies to calculate the effectiveness of their ads and to personalize advertising content. Please be aware that these third-party service providers are governed by their own privacy policies. Oso may provide your personal information to these third-party services providers in order to assist in the creation and placement of the advertising content.

LINKS

The Site may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

MINORS

The Site is not intended for individuals under the age of 18.

E-MAIL COMMUNICATIONS

From time to time, Oso may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.

If you would like to stop receiving marketing or promotional communications via email from Oso, you may opt out of such communications by clicking on the UNSUBSCRIBE button.

EXTERNAL DATA STORAGE SITES

Oso may store your data on servers provided by third-party hosting vendors with whom we have contracted.

CHANGES TO THIS STATEMENT

Oso may update this Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Oso will post such revised Policy on the Site. Your use of the Site constitutes your agreement to any revised Policy terms.

CONTACT INFORMATION

Oso welcomes your questions or comments regarding this Statement of Privacy. If you believe that Oso has not adhered to this Statement, please contact Oso at: [email protected]

Effective as of April 28, 2019