Privacy Policy

This Privacy Notice for Kyle Mathew (doing business as FitFlexer) ("we," "us," or "our"), describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you:

• Download and use our mobile application (FitFlexer), or any other application of ours that links to this Privacy Notice
• Use FitFlexer. A fitness platform to log workouts, and compete with friends.
• Engage with us in other related ways, including any marketing or events

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at thefitflexer@gmail.com.

Summary of Key Points

This summary provides key points from our Privacy Notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.

Do we process any sensitive personal information? Some of the information may be considered "special" or "sensitive" in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Learn more about sensitive information we process.

Do we collect any information from third parties? If you sign in with Apple or Google, we receive basic account details from that provider, and if you subscribe to FitFlexer Pro, we receive your subscription status from our subscription provider. Learn more about the information we receive from Apple and Google and about the third parties we work with.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.

How do we keep your information safe? We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.

How do you exercise your rights? The easiest way to exercise your rights is by visiting https://fitflexer.com, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what we do with any information we collect? Review the Privacy Notice in full.

Table of Contents

1. What Information Do We Collect?

2. How Do We Process Your Information?

3. What Legal Bases Do We Rely on to Process Your Personal Information?

4. When and With Whom Do We Share Your Personal Information?

5. How Do We Handle Your Social Logins?

6. Do We Collect Information From Minors?

7. Is Your Information Transferred Internationally?

8. How Long Do We Keep Your Information?

9. How Do We Keep Your Information Safe?

10. What Are Your Privacy Rights?

11. Controls for Do-Not-Track Features

12. Do United States Residents Have Specific Privacy Rights?

13. Do We Make Updates to This Notice?

14. How Can You Contact Us About This Notice?

15. How Can You Review, Update, or Delete the Data We Collect From You?

1. What Information Do We Collect?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• names
• email addresses
• usernames
• passwords
• contact or authentication data
• date of birth
• photographs, including a profile picture, body progress photos and a picture for a league you own, if you choose to add them

Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:

• health data, as listed under "Consumer health data" below

Consumer health data

With your separate, explicit consent, which you give in the app before any of it is collected, we collect:

• the workouts you log: exercise types, weights, sets and repetitions, and durations;
• the body weight and body fat percentage you enter;
• gym location: your location at several points during a workout. During a workout, the app keeps a signed log of these location checks on your device and sends them to us to check, including after you reconnect if you were offline (for up to 48 hours); each location is checked against our list of gyms and not stored (we keep only the gym it matched, its name and how far you were from it). The only location data from the log that we store is the GPS route of a walk or run, described below, which only you can see;
• walks and runs: the GPS route of a walk or run and, with your Motion & Fitness permission, the step counts and type of movement (walking, running, cycling, in a vehicle, or stationary) that Apple’s Core Motion detects on your device during the workout. These stay on your device during the workout; about every 30 seconds the app sends us only a fingerprint of them, a cryptographic hash that contains no location or step data. When a walk or run needs checking, and when you save the workout, the app sends us the route and readings; we check them and store only the result (whether the workout was verified, how, and its distance, time and pace). The step and movement readings are never stored on our servers. When you save the workout, its GPS route is stored with it, visible only to you. Once the workout is saved, the app deletes the step and movement readings from your device; if you discard the workout, the app deletes everything it recorded. Without the Motion & Fitness permission, walks and runs cannot be verified, but gym check-ins still can;
• gym suggestions: if you tell us about a gym the app could not find, the name and address you enter and your location at that moment, kept with your suggestion so we can review it; and
• your Apple Health step count, read with your permission and shown only on your device. It is not sent to our servers.

How we use, share and delete this data, and your rights over it, are set out in our Consumer Health Data Policy.

Device check (App Attest). The app uses Apple’s App Attest to confirm that workouts are recorded by the genuine FitFlexer app on a real iPhone. This creates a key that is specific to your device; we store its key id and public key with your account. They are deleted when you delete your account and included when you export your data. No location or workout data is sent to Apple.

Payment Data. We do not collect your payment card number, security code or any other payment instrument details. If you subscribe to FitFlexer Pro, Apple takes the payment, and our subscription provider, RevenueCat, tells us which product you bought and when it renews, ends or is refunded. All payment data is handled and stored by Apple and RevenueCat. You may find their privacy notice link(s) here: https://www.apple.com/legal/privacy/en-ww/ and https://www.revenuecat.com/privacy.

Social Login Data. We provide you with the option to register with us using your Apple or Google account. If you choose to register in this way, we will collect certain profile information about you from that provider, as described in the section called "How Do We Handle Your Social Logins?" below.

Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:

• Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
• Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera and photo library, location, motion and fitness activity, Apple Health, and notifications. The app does not ask for access to your microphone, contacts or reminders. If you wish to change our access or permissions, you may do so in your device's settings.
• Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
• Camera and Photo Library. We may request access or permission to your device’s camera and photo library so that you can set a profile picture and take or choose body progress photos. We receive only the specific images you capture or select in the app; we do not browse, scan, or upload the rest of your photo library. If you wish to change our access or permissions, you may do so in your device's settings.
• Notifications. We may ask your permission to show notifications, such as reminders and timers that the app schedules on your device. We do not send push notifications from our servers. If you wish to turn them off, you may do so in your device's settings.

This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.

Progress Photos. FitFlexer lets you save a dated body progress photo so you can see change over time. Progress photos are optional and the app works without them. They are private to your account: we do not publish them, show them to other users, or use them for advertising, and we do not run face recognition or any other biometric analysis on them or on any other image you give us.

Where progress photos are stored, and for how long. When you save one, the image is uploaded from your device to a private Amazon Web Services (AWS) S3 storage bucket that we control, hosted in the United States. The bucket blocks all public access and its contents are encrypted at rest; the app can reach your images only through short-lived, single-purpose links issued to your own signed-in account. We keep a progress photo until you delete it or delete your account — we do not expire them on a schedule, because their whole purpose is long-term comparison. Deleting a photo in the app deletes the stored image. Deleting your account deletes all of them along with the rest of your data, subject to the limits described in "How Long Do We Keep Your Information?" below. Your progress photos are included in the copy of your data you can request under "How Can You Review, Update, or Delete the Data We Collect From You?".

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

Google API

Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

2. How Do We Process Your Information?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We process the personal information for the following purposes listed below. We may also process your information for other purposes only with your prior explicit consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order. (Retention period: For the duration of the user's active account. Data is permanently deleted or completely anonymized within 45 days of account closure or upon receiving a valid erasure request.)
• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service. (Retention period: For the duration of the user's active account. User-uploaded progress photos are securely stored in our cloud infrastructure to allow users to track visual fitness metrics over time. This data is permanently erased upon account deletion or a valid erasure request.)
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service. (Retention period: A support request, feedback message or feature request you send from the app is kept while your account is active and deleted when you delete your account. A copy is also delivered to our support email inbox, which Google (Gmail) hosts for us, and is kept there as correspondence, as is any email you send us directly.)
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information. (Retention period: For the duration of the user's active account. This data is strictly used to communicate system updates, security alerts, and legal terms updates while the account is active.)
• To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services. (Retention period: for the duration of the user's active account. On the account we store whether it has FitFlexer Pro and when that ends, and which league its Pro boost is applied to; these are erased when the account is deleted. Subscription events — a trial starting, a purchase, renewal, cancellation, refund or expiry, with the product and its price — are also recorded as app usage events and sent to our analytics provider, PostHog. We hold no payment card details or invoices — Apple is the merchant of record and keeps its own transaction records under its own terms.)
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services. (Retention period: For the duration of the user's active account. Survey response and user feedback are deleted or completely detached from identifiable user records upon account closure.)
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "What Are Your Privacy Rights?" below. (Retention period: For the duration of the user's active account, or until the user exercises their right to opt out or unsubscribe form marketing communications.)
• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention. (Retention period: 24 months after the user's account is terminated. Network activity logs, security tokens, and diagnostic records are retained for fraud prevention, system security, and ban-evasion checks.)
• To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them. (Retention period: 24 months from the time of data collection or for the duration of the user's active account, to measure attribution, sign-up conversions and campaign performance.)
• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you. (Retention period: 24 months from the time of data collection, or for the duration of the user's active account, to measure attribution, sign-up conversions, and campaign performance.)
• To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

3. What Legal Bases Do We Rely on to Process Your Information?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.
• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
• Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
• Send users information about special offers and discounts on our products and services
• Analyze how our Services are used so we can improve them to engage and retain users
• Support our marketing activities
• Diagnose problems and/or prevent fraudulent activities
• Understand how our users use our products and services so we can improve user experience
• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
• For investigations and fraud detection and prevention
• For business transactions provided certain conditions are met
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
• For identifying injured, ill, or deceased persons and communicating with next of kin
• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
• If the collection is solely for journalistic, artistic, or literary purposes
• If the information is publicly available and is specified by the regulations
• We may disclose de-identified information for approved research or statistics projects, subject to ethics oversight and confidentiality commitments

4. When and With Whom Do We Share Your Personal Information?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.

The third parties we may share personal information with are as follows:

• Allow Users to Connect to Their Third-Party Accounts
  Google account and Apple account
• Cloud Computing Services
  Amazon Web Services (AWS)
• Functionality and Infrastructure Optimization
  RevenueCat and Amazon Web Services
• User Account Registration and Authentication
  Google Sign-In and Apple Sign-In
• Mobile Analytics and Crash Reporting
  PostHog
• Server Error Monitoring
  Sentry, for errors in our servers. The app itself does not send data to Sentry.
• Email
  Google (Gmail), which hosts our support inbox. It receives the support requests you send from the app and notices about content reported to us.

We also may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Other Users. FitFlexer has no public posts, comments or messages. Other signed-in FitFlexer users can find you by your username and see your profile: your username, name, profile picture and bio, the routine you are currently following unless you turn that off, and your current weekly momentum flame. Your weight and health information are never shown on your profile. Leagues are private, and you join one only through an invite. Members of a league you belong to see your part in it, such as your standings and results in its games, and activity you have not marked private. A league's name and picture are visible to its members. Someone you block can no longer see your profile or your activity.

5. How Do We Handle Your Social Logins?

In Short: If you choose to register or log in to our Services using your Apple or Google account, we receive certain information about you from that provider.

Our Services offer you the ability to register and log in using your Apple or Google account. These are the only third-party sign-in options we offer; you can also register with an email address and password. Where you choose Sign in with Google, we receive your Google account’s unique identifier, your email address and whether it is verified, your name, and your profile picture URL. Where you choose Sign in with Apple, we receive your Apple account’s unique identifier, your email address — which may be the private relay address Apple generates for you rather than your own — and the name you choose to share. We request nothing else from either provider, and we do not receive your contacts or any list of the people you are connected to.

We will use the information we receive only for the purposes that are described in this Privacy Notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by Apple or Google. We recommend that you review their privacy notices to understand how they collect, use, and share your personal information, and how you can set your privacy preferences.

6. Do We Collect Information From Minors?

In Short: We do not knowingly collect data from or market to children under 13 years of age.

The Services are intended for users who are at least 13 years of age. By registering, you agree to our Terms of Service, in which you represent that you are not under the age of 13 and that, if you are a minor in the jurisdiction in which you reside, you have the permission of a parent or guardian to use the Services. We ask for your date of birth once, when you first use the app, and refuse to create an account for a date of birth that puts you under 13. That date is write-once: it cannot be changed afterwards.

We do not knowingly solicit data from or market to children under 13 years of age. If you become aware of any data we may have collected from a child under 13, please contact us at thefitflexer@gmail.com. If we learn that we have collected personal information from a user under 13, we will deactivate the account and take reasonable measures to promptly delete that information from our records.

FitFlexer carries content posted by other users. We have zero tolerance for objectionable content and abusive behavior: you can report content or block a user from within the app, and we act on reports within 24 hours. See our EULA for the full standard.

7. Is Your Information Transferred Internationally?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in the United States. Regardless of your location, please be aware that your information may be transferred to, stored by, and processed by us in our facilities and in the facilities of the third parties with whom we may share your personal information (see "When and With Whom Do We Share Your Personal Information?" above), including facilities in the United States, and other countries.

If you are a resident in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this Privacy Notice and applicable law.

European Commission's Standard Contractual Clauses:

We have implemented measures to protect your personal information, including by using the European Commission's Standard Contractual Clauses for transfers of personal information between our group companies and between us and our third-party providers. These clauses require all recipients to protect all personal information that they process originating from the EEA or UK in accordance with European data protection laws and regulations. Our Data Processing Agreements that include Standard Contractual Clauses are available here: https://fitflexer.com/privacy-policy.html. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.

8. How Long Do We Keep Your Information?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). If you are located in the EU or UK, see section "How Do We Process Your Information?" for our retention periods by purpose.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your activity log, your rating history and your game history are kept for as long as your account is active, because they are what your progress and standings are built from. When you delete your account, your activity log and rating history are deleted, and the game history other players share with you is anonymised: your entries remain in their games, but no longer identify you.

A report you file about a person, league, game, routine, workout or custom exercise is kept for 24 months from when you file it, so we can review it and any pattern it is part of, and then deleted automatically. It is deleted sooner if you delete your account.

If we remove content you posted, warn you, or suspend your account after a report or a copyright notice, we keep a record of the case: what was removed and when, the reason, any strike recorded against your account, and how the case ended. For a copyright notice, the record also holds the name, email address and copyrighted work given by the person who sent it. We keep this record after your account is deleted, because our Terms of Service commit us to terminating the accounts of repeat copyright infringers, and we need the history to apply that fairly. While removed content could still be restored, for example after a copyright counter-notification, we keep a private copy of it that no other user can see; that copy is deleted when the content is restored.

If we receive a copyright notice about content you posted, or a counter-notification from you, we may send a copy of it, including the name and contact information of the person who sent it, to the other party, as section 15 of our Terms of Service describes.

The record of your consent to our Terms, this Privacy Notice and our Consumer Health Data Policy (your account identifier, email address, the version you accepted, and when) also outlives your account. We keep it for three years after you delete your account, as evidence that consent was given, and then delete it.

When you delete your account, we also keep a deletion receipt: your account identifier and a record of each step we took to delete your data, when it ran, whether it succeeded, how many items it removed and, for some steps, the internal identifiers of the removed items. It does not contain the content of what was deleted. We keep it indefinitely, as evidence that your request was carried out.

9. How Do We Keep Your Information Safe?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

10. What Are Your Privacy Rights?

In Short: Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. If a decision that produces legal or similarly significant effects is made solely by automated means, we will inform you, explain the main factors, and offer a simple way to request human review. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "How Can You Contact Us About This Notice?" below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the UK and are unhappy with how we have handled your personal information, you can make a complaint directly to us. This is in addition to the rights you have under the UK General Data Protection Regulation and the Data Protection Act 2018.

How to contact us:

• Online: https://fitflexer.com
• Email: thefitflexer@gmail.com
• Post: See "How Can You Contact Us About This Notice?"

What happens after you complain

• We will acknowledge your complaint within 30 days of receiving it.
• We will investigate without unjustifiable or excessive delay.
• We will keep you informed of progress and explain the outcome.

If you are not happy with our final response, you can refer your complaint to the Information Commissioner's Office, the UK supervisory authority.

• Website: ico.org.uk/make-a-complaint
• Helpline: 0303 123 1113
• Post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "How Can You Contact Us About This Notice?" below or updating your preferences.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "How Can You Contact Us About This Notice?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log in to your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

If you have questions or comments about your privacy rights, you may email us at thefitflexer@gmail.com.

11. Controls for Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.

12. Do United States Residents Have Specific Privacy Rights?

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

Categories of Personal Information We Collect

The table below shows the categories of personal information we have collected in the past twelve (12) months. The table includes illustrative examples of each category and does not reflect the personal information we collect from you. For a comprehensive inventory of all personal information we process, please refer to the section "What Information Do We Collect?"

Category	Examples	Collected
A. Identifiers	Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name	YES
B. Personal information as defined in the California Customer Records statute	Name, contact information, education, employment, employment history, and financial information	YES
C. Protected classification characteristics under state or federal law	Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data	YES
D. Commercial information	Transaction information, purchase history, financial details, and payment information	YES
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements	YES
G. Geolocation data	Device location	YES
H. Audio, electronic, sensory, or similar information	Images — a profile picture, body progress photos and league pictures, if you choose to add them. We collect no audio or video recordings.	YES
I. Professional or employment-related information	Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us	NO
J. Education Information	Student records and directory information	NO
K. Inferences drawn from collected personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	YES
L. Sensitive personal Information	Account login information, precise geolocation, and health information — the weight, body-fat and activity entries you log	YES

Of the categories above, we collect your date of birth, which you give us once when you first use the app so that we can apply the 13+ age requirement in our Terms of Service; we do not collect your race or ethnicity, national origin, or marital status. If you use the body-fat estimator, it asks you for your biological sex; that value stays in your device’s settings and is never sent to us. The app requests no biometric data and runs no face recognition or other biometric analysis on your photos.

We only collect sensitive personal information, as defined by applicable privacy laws or the purposes allowed by law or with your consent. Sensitive personal information may be used, or disclosed to a service provider or contractor, for additional, specified purposes. You may have the right to limit the use or disclosure of your sensitive personal information. We do not collect or process sensitive personal information for the purpose of inferring characteristics about you.

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;
• Participation in customer surveys or contests; and
• Facilitation in the delivery of our Services and to respond to your inquiries.

We will use and retain the collected personal information as needed to provide the Services or for:

• Category A — Account identifiers — your name, username and email address — are held for as long as your account is active and are erased or anonymised when you delete it. Technical identifiers are shorter-lived and differ by purpose: the IP address and user agent attached to a security event expire automatically after 400 days; operational traces carrying your user id expire after 7 days; rate-limiting counters after minutes. The records of your memberships, messages, follows and blocks are kept while the account is active and removed when it is deleted.
• Category B — We collect only your name from this category, to build your profile and let other people recognise you. We do not collect social security numbers, passports, driving licences or medical records, and we never store financial account details — Apple handles payment. Your name is held while the account is active and erased or anonymised when you delete it.
• Category C — We collect your date of birth once, when you first use the app, so we can apply the 13+ age requirement in our Terms. It sits on your account record and is erased when you delete your account. We do not collect race or ethnicity, national origin or marital status, and we do not store your gender: if you use the body-fat estimator, the biological sex it asks for stays in your device settings and is never sent to us.
• Category D — We hold whether your account has FitFlexer Pro and when it ends, updated when our subscription provider tells us about a purchase, renewal or expiry, and which league your Pro boost is applied to. These are part of your account and league records, so they are erased when you delete your account. Subscription events — a trial starting, a purchase, renewal, cancellation, refund or expiry, with the product and its price — are also recorded as app usage events, which expire as described under Category F, and are sent to our analytics provider, PostHog. Apple is the merchant of record and keeps its own transaction records under its own terms, which we do not control.
• Category F — App usage events are kept for 90 days from collection and then expire automatically. The IP address and user agent recorded against a security event expire after 400 days. We keep no browsing or search history.
• Category G — Location is used to verify that a workout happened at a gym. The locations sent during a workout are each used for that check only and are not stored; the completed workout keeps only which gym it matched. A walk or run stores its GPS route. Both are kept for as long as that workout is — that is, until you delete the workout or your account. They do not expire on a schedule. If you suggest a gym, your location at that moment is stored with the suggestion so we can review it; we delete the suggestion 90 days after it is reviewed, or sooner if you delete your account. A gym we approve is kept in our list of gyms as a place, not linked to you.
• Category H — Your profile picture and any body progress photos you save are kept while your account is active, because their purpose is long-term comparison, and are deleted when you delete the photo or your account. They do not expire on a schedule. A picture you upload for a league you own belongs to the league: it is kept while the league exists and deleted with it. If you delete your account, a league you own passes to its longest-standing member, or is deleted if no one else is in it.
• Category K — The app derives summaries from what you log — your momentum, training totals and per-day activity, per-exercise bests, per-game totals and a competitive rating. These are stored on your account and the related records, are kept while the account is active, and are removed when you delete it. Short-lived internal markers used to avoid double-counting a workout expire after 24 hours.
• Category L — Sensitive information covers your account login identity, the precise location described under Category G, and the health information you log — weight, body-fat and activity entries. All of it is held while your account is active and erased when you delete your account; none of it expires on a schedule, and we do not use any of it to infer characteristics about you beyond the fitness summaries described under Category K.

Two retentions are deliberately longer than the rest, and we state them rather than fold them into the above. The record that a deletion happened, and the record that you accepted these terms, are both kept permanently: erasing them would destroy the evidence that the erasure and the consent took place, which is the very thing we are required to be able to demonstrate. Neither contains the content of your account — only that the event occurred, when, and which version of these documents applied. The personal part attached to them, your IP address and user agent, expires after 400 days.

Sources of Personal Information

Learn more about the sources of personal information we collect in "What Information Do We Collect?"

How We Use and Share Personal Information

Learn more about how we use your personal information in the section, "How Do We Process Your Information?"

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information to in the section, "When and With Whom Do We Share Your Personal Information?"

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

We have not sold or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We have disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

• Category A. Identifiers
• Category C. Characteristics of protected classifications under state or federal law
• Category D. Commercial information
• Category F. Internet or other electronic network activity information
• Category G. Geolocation data
• Category H. Audio, electronic, visual, and similar information
• Category L. Sensitive personal information

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "When and With Whom Do We Share Your Personal Information?"

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:

• Right to know whether or not we are processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to non-discrimination for exercising your rights
• Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

Depending upon the state where you live, you may also have the following rights:

• Right to access the categories of personal data being processed (as permitted by applicable law, including the privacy law in Minnesota)
• Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including the privacy law in California, Delaware, and Maryland)
• Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including the privacy law in Minnesota and Oregon)
• Right to obtain a list of third parties to which we have sold personal data (as permitted by applicable law, including the privacy law in Connecticut)
• Right to review, understand, question, and depending on where you live, correct how personal data has been profiled (as permitted by applicable law, including the privacy law in Connecticut and Minnesota)
• Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including the privacy law in California)
• Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including the privacy law in Florida)

How to Exercise Your Rights

To exercise these rights, you can contact us by visiting https://fitflexer.com, by emailing us at thefitflexer@gmail.com, or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

Request Verification

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.

Appeals

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at thefitflexer@gmail.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

California "Shine The Light" Law

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section "How Can You Contact Us About This Notice?"

13. Do We Make Updates to This Notice?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

14. How Can You Contact Us About This Notice?

If you have questions or comments about this notice, you may email us at thefitflexer@gmail.com or contact us by post at:

Kyle Mathew

277 Middle Country Rd, Unit #2018

Selden, NY 11784

United States

15. How Can You Review, Update, or Delete the Data We Collect From You?

Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please visit: https://fitflexer.com.