Privacy Policy

At www.richardsimmons.com and the store area associated therewith (collectively, the  “Websites”), we know how visitors like you value your privacy, and have created this privacy  policy to ensure that you understand our policies and procedures: what personal information  you must provide if you wish to use certain portions of the Websites, and how we use such  personal information. We are committed to protecting the privacy of users of the Websites. The  Websites are owned by Richard Simmons Inc. (“RSI”). RSI and any entity or person directly or  indirectly owning a controlling interest in, or owned by, RSI, are referred to herein as “we,” “us,”  or “our.” Website users are referred to herein as “you.” Except as disclosed in this Privacy  Policy, we will not sell, share, license, trade, or rent your personal information to others. We  may amend this Privacy Policy from time to time. If we do so, we will post any changes here,  so please refer back to this Privacy Policy on a regular basis. Any changes will apply only to  information collected after the change is posted. By using the Websites, and/or the Products  set forth in the Subscription Agreement, you agree to the terms of this Privacy Policy. 

  1. Types of Information Collected: We collect two types of information from users of the  Websites: personally identifiable information described below, and non-personally  identifiable information such as information about traffic patterns on the Websites. 
  2. Personally Identifiable Information (“PII”): This is information that identifies you  individually, or can be used to identify or contact you. PII may include your name,  address, email address, telephone number, birth date, and billing and credit card  information. We may request PII from you when you register for membership in the  Richard Simmons Clubhouse (“Clubhouse”), or in connection with other Products on the  Websites. In the event that you purchase products of RSI on websites hosted by third  parties and linked to the Websites, operators of such websites will collect PPI for the  purposes of billing you. We collect PPI only if you personally submit it to us. You don’t  have to provide us with this information in order to visit the Websites. However, if you  choose to withhold PII, you may not be able to visit some areas, such as the Clubhouse,  which contains areas such as Bulletin Boards and Chat Boards. Unless you give us  permission to do so, we will not sell, share, license, trade or rent your PII other than as  specified in this Privacy Policy. 
  3. RSI’s Use of Information Collected: In general, we use your information to help  understand who uses the Websites and the Products and how they are used, to  personalize your experience of the Websites, and for subscription and other billing  purposes, where applicable. We may use your PII to respond to your questions or  comments, or to send you service announcements or updates regarding the Websites  and/or the Products, or promotional announcements regarding other products or  opportunities we think might be of interest to you. We may also contact you via postal  mail regarding these matters, unless you notify us through the opt-out procedure  described below that you no longer wish to receive these communications. We may also  use your information to perform statistical analyses or to evaluate and improve our  Products and our Websites; and we may share your personal information with our  affiliates and business successors, technical consultants, third party auditors or other  third parties who make the Websites available, enhance its functionality or provide  associated services such as billing and/or who deal with you in processing your orders  and/or delivering content, samples, products, services and gifts and prizes. Please note  that we reserve the right to transfer your PII and other information to our successors in  business and purchasers of the Websites’ assets. 
  4. Non-Personally Identifiable Information (“NPII”): In some cases, we may collect NPII.  Examples of this type of information include the type of internet browser you are using,  the type of computer operating system application software you are using, peripherals  you are using, and the domain name of the website from which you linked to a Website. 

We use NPII on an aggregated basis to do such things as enhance the operation of the  Websites, operate the Websites, and deliver advertising from the Websites. We may  share NPII with third parties for advertising, promotional and other purposes. 

  1. Disclosure of Information to Third Parties: We may disclose information if we believe  in good faith that we are required to do so in order to comply with an applicable statute,  regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other  valid legal process. We may disclose PII in special circumstances when we have reason  to believe that disclosing this information is necessary to identify, contact or bring legal  action against someone who may be violating our Terms and Conditions or our  Subscription Agreement, or to protect the safety and/or security of our users, the  Websites, or the general public. We may provide NPII to third parties. For example, we  might inform third parties regarding the number of unique users to the Websites, the  demographic breakdown of users of the Websites, or the activities that users engage in  on the Websites. The third parties to which we may provide this (NPII) information may  include potential or actual advertisers, providers of advertising services, commercial  partners, sponsors, licensees, researchers, and other similar parties including  contractors working on the Websites. In addition, we may share your PII (including, to  the extent permitted by law, any demographic information you provide to us like zip  code, age, gender, marital status, movie preferences, etc.), with certain third parties with  whom we do business (including for example, our content providers and clients), so that  such third parties may contact you regarding products, services, offers, or other  information we think you may find valuable. These third parties may also use the  information to generate aggregate reports and market research, or for other purposes. If  you would rather not have us share this information with third parties, you may opt out at  any time via links on the emails you receive, or contact Richard Simmons Customer  Service marked “Privacy-Urgent” to Richard Simmons Customer Service,  [email protected]. Make sure you notify us for each account or email address  you have left with us. Information obtained through the Websites may be intermingled  with and used in conjunction with information obtained through sources other than the  Websites, including both online and offline sources. 
  2. Third Party Sellers: Through the Websites, you may be given the opportunity to  purchase, or to obtain more information about, certain content, products or services  which are sold through a person or company other than us (“Third Party Sellers”). Third  Party Sellers may request that you submit certain information to them in order to  purchase their products or services or to obtain additional information from them. You do  not have to submit this information or purchase any products or services from Third  party Sellers in order to access the Websites. By submitting the requested information,  you affirmatively consent to have that information shared with the Third Party Seller. This  information will be used by the Third Party Seller, and may be subject to a different  privacy policy. We do not otherwise share or disclose your PII to Third Party Sellers. 
  3. Cookies: We reserve the right to use cookie technology. A cookie is a small data file that  certain websites write to your hard drive when you visit them. A cookie file can contain  various types of information, including a user ID that the website uses to track which  pages you’ve visited. We may use cookies to enhance your experience on the Websites,  to determine user traffic patterns, and for other purposes. Most browsers are initially set  up to accept cookies; however, you can reset your browser to refuse all cookies or  indicate when a cookie is being sent, or you can flush your browser of cookies from time  to time. (Note: you may need to consult the help area of your browser application for  instructions.) If you choose to disable your cookies setting or refuse to accept a cookie,  however, you may not be able to access all areas of the Websites. 
  4. Opt-Out Procedures: You have the right to opt out of receiving unsolicited information  from the Websites. This opt out messaging will appear at the bottom of every unsolicited  email that is sent by the Websites. We also give you the option to remove your 

information from our database completely. If you no longer wish to use the Websites or  to receive any form of unsolicited direct contact from us, whether it is email, discounts,  newsletters, or other promotional offers or materials, or want us to delete your PII from  our data records (except with respect to billing matters), you may opt out at any time via  

links on the emails you receive, or contact Richard Simmons Customer Service with a  letter marked “Privacy-Urgent” to Richard Simmons Customer Service,  

[email protected] . We are not responsible for removing your PII from third  party lists or databases of any kind. Please note that we reserve the right to keep any PII  or NPII submitted or collected until you delete or modify it, or until we choose to delete  it, for business reasons such as obsolescence. 

  1. Reviewing or Changing Your Information: In order to ensure that the information we  maintain is accurate, we give users the option to change or modify their information  previously provided. If you would like to change your information currently in our  database, please contact Customer Service, at Richard Simmons Customer Service. On  the Websites: Use the Customer Service Form. By Email:  

[email protected]. We are not responsible for updating information contained  in third-party lists or databases. 

  1. Security: We work to protect the security of your information during transmission by  using Secure Sockets Layer (SSL) software, which encrypts information you submit. All  information is stored on our servers in a secure location. It is important for you to protect  against unauthorized access to your password and to your computer. Be sure to sign off when finished if you are using a shared computer. If your password is compromised,  notify Customer Service at once! For Richard Simmons Customer Service on the  Websites, use the Customer Service Form. By Email: [email protected].  Please note that no data transmission over the Internet is 100% secure. As a result, we  cannot guarantee the security of the information you transmit via our online services. 
  2. Protection for Children: The Websites are not intended for the use of those under the  age of 13. Furthermore, we have no intention of collecting PII from children. Where  appropriate, we take reasonable measures to inform children not to submit such  information to the Websites or in response to advertisements. If a child has provided us  with PII, that child’s parent or guardian should contact Richard Simmons Customer  Service with a letter marked “Privacy-Urgent” to Richard Simmons Customer Service,  [email protected], and indicate therein that you would like the information  submitted by the child deleted from our database. We will use all reasonable efforts to  delete such information from our database. By subscribing to the Clubhouse, you  represent and warrant that you are over eighteen, and that any birth date information you  submit during the subscription process is accurate. Users under 18 must have parent’s  permission to use the website. 
  3. Your Consent: You may have certain rights under the Communications Act, Federal  Trade Commission Act, and other state and federal statutes that may apply, and by  accepting these terms you are waiving all of these rights as to collection, use, disclosure  and storage of your PII and NPII as described above. You recognize that we are able to  offer our service to you at our rates based upon these terms, which are an integral part  of our contract for the provision of services to users, whether in the Clubhouse or  outside of it on the Websites. By using the Websites and/or providing PII and NPII  thereto, you also authorize the export of PII to the USA, and its storage and use as  specified above. Our headquarters are in the USA in the State of California. This policy  and our legal obligations hereunder are subject to the laws of the State of California, and  of the USA, regardless of the location of any user. Any claims or complaints must be filed  in the USA in the State of California, County of Los Angeles. 

Contacting Us 

If you have any questions about this Privacy Policy, the practices of the Websites, or your  dealings with the Websites, please contact Richard Simmons Customer Service. On the 

Websites: Use the Customer Service Form. By Email: [email protected]. By using  the Website, and/or the Products set forth in the Subscription Agreement, you agree to the  terms of this Privacy Policy