Biometric Information Policy (PATRON)

POLICY of Capital Fitness and Its Subsidiaries and Affiliated Entities Regarding Retention and Destruction of Biometric Information Regarding Members, Customers, Clients and Guests(“Policy”) It is the policy of Capital Fitness, Inc. (for purposes of this Policy, “CFI”) and its subsidiaries and other affiliated and related entities(for purposes of this Policy, CFI and all such entities collectively “Capital Fitness”) to retain and destroy biometric information as follows: Biometric information or identifiers regarding members, customers, clients and guests of any of Capital Fitness in its possession may be retained or stored by Capital Fitness during the time period the subject member, customer, client or guest is a member, customer, client or guest of any of Capital Fitness and for a time period thereafter until(i) the purposes for collection of the information[namely for security reasons, to verify that the individual who is attempting to use or is using the facilities or services of XSport Fitness is the member / customer / client / guest authorized to do so and has a valid account, to protect the integrity of member/ customer / client / guest accounts, for management and billing(including but not limited to verifying that services are being delivered, controlling the operation of facilities, preventing unauthorized persons from using facilities or services and storing information during the time period the individual is a member, client, customer or guest of any of XSport Fitness to enable XSport Fitness to verify proper use of the facilities and services that may be accessed or purchased in the future) and for other uses related to the management and operation of XSport Fitness and of the individual’s member / client / customer / guest account] have been entirely satisfied or(ii) within three years after the date of the member / client / customer / guest’s last interaction with any of Capital Fitness, whichever of(i) or(ii) occurs first(the “Extended Time Period”).On or before the expiration of the Extended Time Period for a particular member, customer, client or guest, Capital Fitness shall permanently destroy such individual’s biometric identifiers and biometric information in its possession to the extent that such individual’s biometric identifiers and biometric information are used for purposes that relate to such individual’s relationship with Capital Fitness only as a member, client, customer or guest of Capital Fitness.This Policy regarding members, customers, clients and guests shall not be applicable to the extent member, client, customer or guest’s biometric identifiers and biometric information are used for purposes that relate to such individual’s relationship with Capital Fitness other than as a member, client, customer or guest of Capital Fitness(such as for example, as an employee or contractor of Capital Fitness) at the time of expiration of the Extended Time Period. Capital Fitness may, in its sole discretion, change (including without limitation eliminate) this Policy, in whole or in part, at any time and time to time and without notice.

Capital Fitness’s policy regarding its retention schedule and guidelines for permanently destroying biometric identifiers or biometric information is also available by or through contacting Customer Service at 1-877-417-1450.