Privacy Policy

1.1 We ("FitnessKit," "we," "us," or "our") are committed to protecting your privacy. This Privacy Policy applies to our website, mobile applications, and all related services (collectively, the "Service").

1.2 If you reside in the U.S. and are under 13 years of age, you should not use our Services. If we become aware that an individual under 13 years of age may have provided us with personal information, we will investigate and, if applicable, take steps to remove and delete the data and delete that individual’s account.

1.3 If you reside in the European Economic Area, Switzerland, or United Kingdom, please see the Additional Information for Certain Jurisdictions section below.

1.4 We may update this Privacy Policy from time to time. If we make material changes, we will notify you by posting the updated policy on our website and updating the "Effective Date" above.

We may collect personal information directly from you, automatically through your use of the Services, and from third parties.

2.1 Personal Information We Collect Directly from You:

• Account and Profile Information. This includes your name, email address, profile image or photo (optional), and other profile information you choose to provide.
• Fitness and Activity Data. This includes your workout logs, exercises performed, sets, reps, weights, fitness goals, body measurements (e.g., height, weight), progress photos you may choose to provide, and other health metrics you choose to track.
• Communications with Us. This includes your email address, name, and any other content provided when you communicate with us, including exchanges with our customer support.
• Payment Information. Purchases and subscriptions are processed through third-party platforms such as the Apple App Store. Their terms govern payment processing, renewals, and refunds. We do not store your complete payment card information.
• Preferences and Other Requests. This may include information about your preferences, including communication preferences and any other preferences you provide when interacting with us.

2.2 Personal Information We Collect Automatically:

We may collect usage and device data automatically through your use of the Services. This may include details about your browser, operating system, or device (such as cookie identifiers, internet protocol (IP) address, mobile advertising identifier, and other unique identifiers), internet service provider, general location information (including inferred location based on your IP address), actions you take while using the Services, information about how you interact with the Services (including frequency and duration of your activities), and information about the links you click.

We may collect this information through cookies and other tracking technologies (collectively, “Cookies”) we use to enhance your experience. Cookies are small text files placed on your device when you visit certain websites. We use them for essential functionality, security, analytics, and to understand how you interact with our Service. You can control cookies through your browser settings. Disabling certain cookies may affect functionality.

2.3 Personal Information We Receive from Third Parties:

• Social login providers. We may receive information from third-party providers (like Apple and Google) if you sign in using your account with one of these providers.
• Connected health data. With your permission, we may collect relevant data from your device’s health and fitness repository, such as Apple’s HealthKit. The information you provide to HealthKit is governed by the Apple Terms and Conditions and Privacy Policy. The information you choose to send from HealthKit is not used by us for marketing and advertising or transferred to third parties for marketing and advertising.

2.4 Aggregated, Deidentified, or Anonymized Information. We may aggregate, de-identify, or anonymize information so that it will no longer be considered personal information under applicable law. We may use and disclose de-identified information for purposes consistent with those described in this Policy or as otherwise permitted by applicable law.

Provide our Services. We use your personal information in connection with the provision, administration, and management of the Services, including managing your account, providing troubleshooting and technical support, and otherwise running our day-to-day operations.

Communicate with You. We use your personal information to communicate with you, including responding to your questions and requests. We may also use your personal information to send you communications to request information, seek your feedback, or provide you with administrative information, such as changes to our terms, conditions, and policies.

Respond to your Requests to Exercise your Rights. We use your personal information to respond to your requests to exercise your rights over your personal information.

Send You Promotional and Marketing Materials. We use your personal information to send you newsletters and other promotional communications, including information about new offerings, features, offers, and other information (you may opt out at any time).

Targeted Advertising. We may engage in targeted advertising. This means that you may see advertisements that are targeted and personalized to you on the Services and/or you may see advertisements for us on third-party services based on information that we have collected from and about you.

Analyze usage of our Services. We engage third-party analytics providers to help us analyze traffic to evaluate usage of the Services and to understand the performance of our advertisements.

Enhance and Personalize our Services. We use your personal information to improve and enhance our Services, personalize content and features to your interests and goals, and test out new features and updates to our Services.

Maintain Security and Protect Rights. We use your personal information to help monitor and maintain the security of the Services and our operations. Additionally, we use your personal information to prevent and detect fraud, unauthorized activities and access, and other misuse of the Services.

Satisfy Our Legal Obligations. We use your personal information to comply with applicable legal and regulatory obligations and respond to legally valid requests and communications from law enforcement authorities to the extent required by applicable law.

Carry Out Sales and Business Transactions. We may use your personal information in connection with the evaluation, negotiation, and/or completion of a business transaction (e.g., a merger, acquisition, reorganization, or other sale or transfer of some or all of our assets), in which personal information held by us is among the assets transferred.

We disclose personal information to the categories of recipients described below:

Our Service Providers. We may disclose your personal information to third parties that provide business, professional, or technical support services to us and/or perform functions on our behalf to provide the Services. The services provided by these parties may include IT and website hosting, payment processing, data storage, data analytics, and customer support.

Other Users. We may disclose your personal information to other users in the context of specific features that are social in nature as part of the Services. For example, we will display any personal information that you post or make available using the Services’ public-facing or interactive features.

Relevant Third Parties in Connection with Business Transactions. If we are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may disclose or transfer your personal information to the other company in accordance with applicable laws.

Law Enforcement and Regulatory Authorities. We may disclose your personal information to comply with applicable legal and regulatory obligations and respond to legally valid requests and communications from law enforcement authorities to the extent required by applicable law.

Other Parties. We may disclose your personal information to other parties at your direction or with your consent or as it may be justified under applicable law. Finally, we can disclose your personal information to other parties as necessary or appropriate to: (i) comply with applicable law; (ii) protect the Services, our rights and property, or the rights, property, privacy, or safety of others; (iii) prevent, detect, investigate, and respond to fraud, unauthorized activities and access, illegal activities, or misuse of the Services; (iv) enforce, detect, investigate, and take action in response to violations of our Terms; and/or (v) allow us to pursue available remedies or limit damages that we may sustain.

Marketing Communications. We may send you periodic marketing and promotional emails or other similar communications, and we will obtain your consent to do so, where required by law. If you no longer wish to receive marketing and promotional communications from us, you may change your email preferences in your account settings or unsubscribe by following the “unsubscribe” instructions included in those communications.

Cookie Preferences. Depending on the country where you reside, you have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some of our Service’s features may not work properly.

Personalized Advertising Preferences. We may engage in targeted advertising. This means that you may see advertisements that are targeted and personalized to you on the Services and/or you may see advertisements for us on third-party services based on information that we have collected from and about you. If you’d like to opt out of such advertising through our app, you can do so by visiting your profile settings. These preferences are currently reflected at a browser or device level — if you use more than one browser you will need to choose your preferences in each browser. If you use multiple devices, you will also need to choose your preferences on each device.

We are headquartered in the United States and have service providers in the United States and throughout the world. As a result, your personal information may be transferred to the United States and other countries or regions with data protection and privacy laws that differ from those in your country of residence.

When we transfer your personal information outside of your country of residence, we do so in accordance with applicable law and take appropriate steps to ensure your information is protected. However, please note that while outside of the jurisdiction in which you reside, your personal information will be subject to applicable local laws, which might permit foreign governments, courts, law enforcement, or regulatory agencies to access your information in certain circumstances.

By using the Services and/or sharing your personal information with us, you are informed that your personal information may be transferred to countries outside of your country of residence.

We may offer public-facing interactive features on the Services that enable you to share information (e.g., your achievements, reviews, testimonials, etc.). Any information you post to any public-facing section of the Services may be publicly viewable. By posting to such interactive features you acknowledge and agree that you have no expectation of privacy or confidentiality in the content you submit through such features, whether or not it contains your personal information. For more information about how this information is used, see our Terms of Service.

We maintain reasonable technical, organizational, and administrative safeguards designed to protect the personal information under our control from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no information security measures can guarantee security.

We will retain your personal information for as long as is necessary for the purposes set out in this Policy, including to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable law or court orders), resolve disputes, and enforce our legal agreements and policies.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information; the potential risk of harm from unauthorized use or disclosure of the personal information; the purposes for which we use the personal information; whether we can achieve the purposes through other means; and the applicable legal requirements.

You may delete your account at any time through the account settings in the app. When you delete your account, we will delete or anonymize your personal information within 30 days, except where we are required to retain it by law (e.g., financial records, fraud prevention). If we de-identify information, we will maintain and use the information in de-identified form and not attempt to re-identify the information except as required or permitted by law.

The Service is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us immediately. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible.

For users between 13 and 18 years of age, we require parental consent to use the Service in accordance with our Terms of Service.

If you have any questions or concerns regarding this Policy or our privacy practices, you may contact us at privacy@fitnesskitapp.com.

Depending on where you live, the laws of your country, state, or province may have certain privacy rights over how your personal information is collected, stored, used, and shared, including:

• Right to Access and Data Portability. The right to confirm whether we are processing your personal information, who we share it with, and to access or obtain a copy of your personal information in a portable and, to the extent technically feasible, readily usable format.
• Right to Deletion. The right to request that we delete your personal information (subject to certain exceptions prescribed by applicable law).
• Right to Correction. The right to request that we correct inaccuracies in your personal information, taking into account the nature of the information and purpose(s) for which we are processing it.
• Right to limit or opt out of certain types of processing. This includes the “sale” of your personal information, the processing of your personal information for “profiling” and “targeted advertising” purposes, and certain forms of “profiling.”
• Right to opt in to processing of sensitive information. Some states offer their residents the right to opt in to the use of sensitive information. In this scenario, this means we cannot use sensitive information (outside of the provision of our Services) without your consent.
• Right against discrimination. We will not discriminate against you if you decide to exercise your legal rights.
• Right to appeal decisions. You may have a right to appeal a decision on a privacy rights request. To appeal such a decision, please submit your request to privacy@fitnesskitapp.com with “APPEAL” included in the subject line.

How do I exercise my rights? You can exercise your privacy rights by submitting your request to privacy@fitnesskitapp.com. In your communication, please state the request you would like to make and rights you wish to exercise. Where legally permitted, you may submit requests through an authorized agent or representative. To process these requests, we will need to verify the identity of the agent and that you have authorized them to act on your behalf.

Residents of certain jurisdictions have additional rights under applicable laws, including residents of certain states within the United States (e.g., California), the European Economic Area (EEA), Switzerland, and the United Kingdom (UK).

United States — California

The California Consumer Privacy Act (“CCPA”) (as amended by the California Privacy Rights Act) provides California residents with the right to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as the right to know/access, delete, and limit sharing of Personal Information. While we do not expressly “sell” information to others, certain uses of cookies and tracking technologies on our website to collect, use, and disclose information may constitute “sales” or “sharing” of personal information or the use of personal information for “targeted advertising” purposes under applicable privacy laws.

California residents have the right to: (1) know about personal information collected, disclosed, shared, or sold; (2) request access to Personal Information collected about you; (3) request deletion of personal information; (4) opt out of the sale/sharing of Personal Information for cross-contextual behavioral advertising; (5) restrict use of sensitive personal information; (6) correct inaccurate information; and (7) be free from discrimination for exercising these rights.

To exercise your California privacy rights, please contact us at privacy@fitnesskitapp.com.

European Economic Area (EEA), Switzerland, and United Kingdom (UK) Residents

If you reside in the EEA and are under 16 years of age, you should not use our Services.

For the purposes of applicable data protection laws, we are the controller of the personal information you provide us.

Your rights. You have the right to: (1) request access to your personal information; (2) request correction or rectification; (3) request erasure or deletion (subject to legal or regulatory reasons); (4) request to limit or object to processing; (5) request review of automated decisions; (6) request data portability; (7) object to marketing; and (8) withdraw consent where processing is based on consent.

How to exercise your rights. Please contact us at privacy@fitnesskitapp.com if you wish to exercise any of your rights.

How to lodge a complaint. If you consider that the processing of your personal information violates applicable data protection laws, you also have the right to lodge a complaint about our processing of your personal information or our handling of your rights request with the appropriate data protection regulator, i.e., the data protection regulator located where you reside, at your place of work or at the place of the alleged infringement.

Lawful Bases for Processing. Applicable data protection laws require us to set out the lawful basis that we rely on to collect and process personal information. We rely on: (a) performance of our contract with you for providing and managing the Services and communicating with you; (b) consent for processing sensitive data (such as health data), sending marketing materials where required, enhancing and personalizing the Services, and engaging in interest-based advertising; (c) legitimate interests for conducting research and analytics, maintaining security, managing events, carrying out internal operations, and business transactions; and (d) compliance with a legal obligation for responding to requests from law enforcement and exercising your rights.