Privacy Policy for DesireFit App

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Effective Date: [28 June 2023]

1. Introduction

DesireFit App ("we," "our," or "us") is committed to protecting the privacy and confidentiality of your personal data. This Privacy Policy outlines how we collect, use, disclose, and protect your personal data in accordance with applicable data protection laws and regulations. By accessing or using DesireFit App, you consent to the practices described in this Privacy Policy.

1. Collection of Personal Data( included by automated means)

•  User Account Information: When you create a User Account on the Platform, we require certain mandatory information including first and last names, email address, and date of birth.

•  Additional Information: We may collect other information such as country of residence, gender, home address, and telephone number, which you may voluntarily provide to us.

•  Health Information: The App may collect health information, including data generated by devices such as smartwatches and heart monitors that are connected to the App. This information is used to provide health-related features and services.

•  Fitness/Lifestyle Activity Data: The App collects fitness and lifestyle activity data provided by you on the Platform or generated through your use of the App, such as workouts completed, duration, and activity data from connected devices.

•  User Preferences: We collect information you provide about yourself and any preferences in your User Account to personalize your experience on the Platform.

•  Forum and User-Generated Content: Information you choose to post or share in the App's forum or any user-generated content may be collected and displayed publicly.

•  Feedback and Surveys: If you choose to provide feedback, complete surveys, or participate in other interactive features, we collect the information you provide.

•  Purchase Information: We collect information about your purchases of products and services from us or our third-party partners through the Platform. Payment information for Desirefit membership is not stored by us.

•  Payment Information: If you make direct purchases on the Platform, we collect payment information such as transaction details. Please note that payment information for Desirefit membership is not stored by us.

•  Platform Usage Information: We gather information about your use of the Platform, including log files, IP addresses, device information, and browsing activity, to analyze user behavior and improve our services.

•  Communications: We may collect and store communications with you, including letters, emails, chat services, calls, and social media interactions, for customer support and record-keeping purposes.

•  Social Media Information: If you choose to use social media features of the Platform, we may collect your photos, audio, contacts, calendar information, and social network information based on your permissions.

•  Referral Information: When you send or receive referral links through the App, we may collect information about the referrer or the referred user to facilitate the referral program.

•  Social Media Posts: Any information you share in social media posts directed to our attention, such as tagging, using hashtags, or links, may be collected by us.

•  Third-Party Account Information: If you choose to sign up and log into the Platform using a third-party account, we may collect information you have agreed to make available to us, such as your name, email address, profile information, and preferences.

•  Location Information: We may collect your location based on the IP address of your device to customize your experience on the Platform, such as language settings.

•  Internet and Network Activity: Depending on your permissions, we may collect browsing identifiers, advertising IDs, cookie identifiers, information on your interaction with the website or advertisements, and other similar network activity data.

• Use of Personal Information We may use the collected personal information for the following purposes:

•  User Account Management: To manage and operate your User Account and provide you with access to the Platform's features and services.

•  Personalization: To personalize your experience on the Platform, including content, recommendations, and communications based on your preferences.

•  Health and Fitness Services: To provide health-related features and services, including analyzing fitness/lifestyle activity data and generating insights.

•  Customer Support: To respond to your inquiries, provide technical support, and address any issues you may encounter while using the Platform.

•  Communication: To communicate with you regarding updates, announcements, promotional materials, surveys, and other information related to the Platform. You may opt-out of marketing communications as described in Section 5.

•  Platform Improvement: To analyze usage patterns, conduct research, and develop and improve the functionality and user experience of the Platform.

•  Transactions: To process purchases, fulfill orders, and manage transactions made through the Platform.

•  Legal Compliance: To comply with applicable laws, regulations, legal processes, or enforceable governmental requests, and to protect our rights, privacy, safety, or property, and that of our users and the public.

• Sharing of Personal Information We may share personal information in the following circumstances:

•  Service Providers: We may share personal information with trusted third-party service providers who assist us in operating the Platform, performing services on our behalf, and fulfilling your requests.

•  Business Partners: We may share personal information with our business partners who provide or promote their own products or services through the Platform, subject to your consent where required by applicable law.

•  Legal Compliance and Protection: We may disclose personal information when we believe in good faith that such disclosure is necessary to comply with legal obligations, protect our rights or interests, investigate fraud or security issues, or respond to government requests.

• Consent: We may share personal information with third parties if you have given us consent to do so.

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2. Automated Data Collection

We may collect personal data automatically through the use of cookies, web beacons, and other similar technologies. This includes information about your device, browsing actions, and patterns.

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2.1 Use of Personal Data

We use your personal data for the following purposes:

• Providing features of the DesireFit App and delivering the products and services you request.

• Communicating information about our products and services, including promotional offers and updates.

• Handling customer service inquiries, responding to your requests, and resolving issues.

• Meeting administrative or legal obligations, such as complying with regulatory requirements and enforcing our rights.

• Ensuring the security, health, administrative, crime prevention/detection, and legal purposes of DesireFit App.

• Other purposes disclosed at the time of collection or as required by law.

 

3. Security Measures

We implement appropriate technical and organizational measures to safeguard your personal data against unauthorized access, disclosure, alteration, or destruction. These measures include encryption, access controls, regular security assessments, and training for our employees.

 

4. Protection and Retention of Personal Data(Retention Period)

We will retain your data only for as long as necessary to fulfill the purposes for which it is processed. When determining the appropriate retention period, we consider factors such as the amount, nature, and sensitivity of the personal data, the purposes of processing, and the availability of alternative means to achieve those purposes.

Additionally, we take into account the periods for which we may need to retain personal data to meet legal obligations, address complaints and inquiries, and protect our legal rights in case of potential claims.

Generally, this means that we will retain your Personal Data for as long as your User Account remains active. However, after closing your User Account, we may retain a limited portion of your Personal Data to maintain a continuous relationship if we have future contact with you and to comply with internal processes and legal obligations.

Once we no longer require your personal data, we will securely delete or destroy it. We also assess the possibility of minimizing the personal data we use over time and anonymizing your personal data so that it can no longer be associated with or identify you. In such cases, we may use the anonymized information without further notice to you.

Please note that information shared in the Forum will remain public even after closing your Forum account. If you choose to delete content posted in the Forum, it may not be instantly removed from third-party websites, apps, or search engine indexes, as the removal depends on the policies of those third parties.

Who We Share Your Personal Data With

We may share your Personal Data with the following individuals or entities for the purposes outlined in this Privacy Policy:

• MYPTHUB and other companies and members within the MYPTHUB group.

• Other users of the Platform when you select specific services or features (e.g., scheduling workouts, sharing fitness activities through social media).

• Trusted e-commerce providers, such as Shopify, who may offer digital Sweat products on our behalf. If you purchase digital products from these providers, they may collect and share information about you, including contact details and billing information. We are not responsible for how third parties use your personal data for their own purposes. Please refer to their privacy policies for more information.

• Referral contacts who sent you a referral link, notifying them that you've created a Sweat account and providing them with a referral bonus.

• Third-party social media platforms in various circumstances, including when you access them through our Platform, connect your User Account to your social media account, or use social media plugins on our Platform. In such cases, we will receive personal data based on your social media account preferences and settings, which we use to enhance and personalize your Platform experience. Please consult the privacy policies of these social media platforms for more information.

• Other companies, contractors, or agents that assist us in providing services to you, including e-commerce platforms, support ticketing systems, legal services, debt collection, administration services, customer services, and IT support.

• Companies, contractors, or agents involved in our marketing efforts or providing personalized recommendations on the Platform.

• Government authorities, law enforcement agencies, and regulators as required by applicable Data Privacy Law or for compliance purposes.

• Our legal and professional advisors to enforce our legal rights under our contract with you.

• Potential buyers in the event of selling or transferring all or part of our business or assets, under strict non-disclosure restrictions, to enable them to evaluate and complete the transaction.

Please note that information posted in the Forum is considered public and can be viewed by anyone, including individuals outside our community. Information shared in the Forum may be indexed by third-party search engines, websites, and apps. For more details on how information in the Forum is used, please refer to our Forum Community Guidelines.

In the event of a business sale or transfer, we may transfer your Personal Data to potential buyers under strict confidentiality restrictions solely for assessing the transaction or completing it, if determined to proceed.

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5. The Forum

DesireFit App may provide a forum or community feature where users can post information and interact with others. Please be aware that any information you disclose in these public forums becomes public information, and we cannot guarantee its privacy or security. Exercise caution and discretion when sharing personal information on public forums.

 

6. Other purposes: 

In addition to the aforementioned purposes, we may also utilize your Personal Data for other specific purposes. If we do so, we will provide explicit notice at the time of data collection and obtain your consent, unless otherwise permitted by applicable Data Privacy Law.

We will only process your personal data when we have a legal basis to do so, which depends on the reasons for collecting and using your personal data. In most cases, we process personal data to enter into contracts with you under our terms of use (such as when you place product orders) and to fulfill the provision or delivery of goods or services on the Platform (including subscriptions).

Our processing of your Personal Data for the aforementioned purposes is based on the following legal grounds:

• Compliance with a legal obligation.

• Necessity for the performance of a contract with you, such as providing our services on the Platform.

• Pursuing our legitimate interests as a business (e.g., for administrative purposes or improving the functionality of our Platform).

• Your explicit consent to use your personal data (e.g., for collecting health status or pregnancy data, or for marketing purposes).

• Information that you have voluntarily made public.

• Protection of your vital interests or those of another person (e.g., in case of a medical emergency).

When we receive your Personal Data as part of providing services based on a contract, it is necessary for us to process such data to fulfill the contract. Without the required Personal Data, we will be unable to provide our services to you.

Personal details, including information about your nationality or physical or mental health, are considered "sensitive" Personal Data under applicable Data Privacy Law. We will process such data only if:

• You have provided explicit consent.

• It is necessary (e.g., if you request special assistance).

• The sensitive Personal Data has been voluntarily made public by you (e.g., by posting health or fitness information in the Sweat Forum).

• We comply with applicable Data Privacy Law.

The Platform may require information about your physical health to provide specific functions or services, especially when using or interacting with a Linked Device that integrates with the Platform. If you choose not to provide certain health information, some functions or services within the Platform may be unavailable or may not function properly.

You have the right to withdraw your consent for the processing of your health information by Desirefit at any time. To manage the data shared between your Linked Device and Desirefit, please refer to the instructions provided in Section 2 above. For any questions or requests regarding your Personal Data, you can always contact us using the details provided in Section 11.

 

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7. Your Rights and Choices

 

7.1 Transparency and Access

You have the right to be informed about the collection and use of your personal data. Upon request, we will provide you with access to your personal data and information about how it is being processed.

 

7.2 Correction and Erasure

You have the right to request the correction of inaccurate or incomplete personal data. You may also request the erasure of your personal data, subject to legal obligations or legitimate interests that require its retention.

 

7.3 Objection and Restriction

You have the right to object to the processing of your personal data for specific purposes and to request restrictions on its processing.

 

7.4 Automated Decision Making and Profiling

We may use automated decision-making processes, including profiling, to personalize your experience and improve our services. You have the right to object to such automated processing.

 

7.5 Withdrawal of Consent

If we rely on your consent as the legal basis for processing your personal data, you have the right to withdraw your consent at any time.

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1. Cookies

DesireFit App uses cookies and similar technologies to enhance user experience and collect information about your usage patterns. Please refer to our Cookie Policy for more details on the types of cookies used, their purpose, and your options to manage them.

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1. Links to Other Websites

DesireFit App may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these websites. When you visit third-party websites, their own privacy policies will govern the collection and use of your personal data. We recommend reviewing their privacy policies before providing any personal data.

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1. Children

DesireFit App is not intended for individuals under the age of [16]. We do not knowingly collect personal data from individuals under [16]. If you believe your child has provided us with personal data, please contact us to delete it.

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1. Updates to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our data practices or legal requirements. We will notify you of any material changes by posting the updated Privacy Policy on DesireFit App or through other appropriate means. Your continued use of DesireFit App after the effective date of the revised Privacy Policy constitutes your acceptance of the updated terms.

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1. How to Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at [contact email]. We will respond to your inquiries promptly.

Additional Terms:

In addition to this Privacy Policy, your use of DesireFit App is subject to our Terms of Service and any other applicable terms and conditions.

By using DesireFit App, you acknowledge that you have read, understood, and agreed to this Privacy Policy and its terms and conditions.