MYCOACH AI PRIVACY POLICY



Last Updated: January 23, 2024



MyCoach AI LLC. (“MyCoach AI,” “we,” “us,” and “our”) provides the Services to allow our users to personalize their fitness training experience. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and share your personal information and to assist you in exercising the privacy rights available to you.


1. SCOPE

2. PERSONAL INFORMATION WE COLLECT

3. HOW WE DISCLOSE YOUR INFORMATION

4. YOUR PRIVACY CHOICES AND RIGHTS

5. SECURITY OF YOUR INFORMATION

6. INTERNATIONAL DATA TRANSFERS

7. RETENTION OF PERSONAL INFORMATION

8. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

10. CHILDREN’S INFORMATION

11. OTHER PROVISIONS

12. GDPR SPECIFIC PROVISIONS

13. CONTACT US

1. SCOPE

This Privacy Policy applies to personal information processed by us, including on our websites, mobile applications, and other online or offline offerings. To make this Privacy Policy easier to read, our websites, mobile applications, and other offerings are collectively called “Services.”

2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect, with your consent, depend on how you interact with us, our Services, and the requirements of applicable law. For example, we may collect different information depending on whether you are a user of the Services or a visitor of the website.

A. Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

• User Account Creation: During signup, we may collect your fitness goals, activity level and profile information such as name, email address, dietary preferences, phone number, date of birth, gender, information about your exercise habits and goals, and coach preference. If you purchase our Services, we will also collect your shipping address and payment information, as well as information about your exercise habits and goals.

• Use of the Services: When you use the Services, we may also ask you to provide a profile photo, date of birth, gender, health, activity and device information (see below) and other demographic data. Some features also collect health, motion and other fitness information, including, for example, rep count. Any communication you have with your coach via the app, including via text, images, and videos that may contain health information related to you or your family, will also be collected and stored if you have provided your consent to do so within the MyCoach AI app. You also provide us with access to your calendar to schedule coaching sessions.

• Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but it may receive information associated with your payment card information (e.g., your billing details).

• Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.

• Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

• Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., social media pages). Any information you provide using the public sharing features of the Services (referred to herein as “User Content”) will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced in this policy.

• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

B. Information Collected Automatically

We may collect personal information automatically when you use our Services:

• Automatic Data Collection Through Our Services. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

• Automatic Data Collection Through Connected Devices. We collect information from the devices and apps you connect to our Services and information from these devices and apps will be passed along to us. For example, you may connect your Apple Watch, iPhone or Apple Health account. Additionally, health information may be collected and/or inferred, including heart rate, body fat percentage, steps, exercise minutes, height and weight, or other indicators. Before you can upload health information from Apple HealthKit to us, you must give your consent to the processing of that health information. You can withdraw your consent at any time by updating the preferences on your devices.

• Location Information. When your device settings allow us to do so, we may collect your precise location information to provide you with enhanced Services. If you do not want us to collect this information, you can change the settings on your device.

• Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services.


• Social Media Platforms. Our Services may contain social media buttons such as Instagram (that might include widgets such as the “share this” button or other interactive mini programs). These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Your interactions with any third party platforms are governed by the privacy policy of that third party and not us or this policy.

• Analytics. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/ .


C. Information Collected from Other Sources

We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

Referrals and Sharing Features. Our Services may offer various tools and functionalities that allow you to provide information about your friends through our referral service; third parties may also use these services to upload information about you. Our referral services may also allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).

HOW WE USE YOUR INFORMATION

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

A. Provide Our Services

We use your information to fulfil our contract with you and provide you with our Services, such as:


B. Administrative Purposes

We use your information for various administrative purposes, such as:


C. Marketing and Advertising Our Products And Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.

D. Health, Motion and/or Fitness Information

We may use your health, motion, and/or fitness information only for the purposes of improving health management or health research, and we will do so only with your express consent. Please note that we will not disclose this data for marketing and/or advertising purposes.

E. Other Purposes

We also use your information for other purposes as requested by you or as permitted by applicable law.


3. HOW WE DISCLOSE YOUR INFORMATION

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide our Services

The categories of third parties with whom we may share your information are described below.




B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

4. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.


Your Privacy Rights. In accordance with applicable law, you may have the right to:


If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

5. SECURITY OF YOUR INFORMATION

We use reasonable physical, managerial, and technical safeguards consistent with current industry standards to prevent loss, misuse, unauthorized access, disclosure, destruction, and alteration of your Personally Identifiable Information.

Your Personally Identifiable Information resides on a secure server that only selected MyCoach AI LLC personnel and contractors may access. We encrypt your Personally Identifiable Information to prevent unauthorized parties from viewing it when it is transmitted to us. You may access your Personally Identifiable Information through your password and unique customer ID. Your password is encrypted, and should not be shared with anyone.

Information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password

In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such

information and data may be viewed or tampered with in transit by a third party and we are not responsible for issues this might cause.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

6. INTERNATIONAL DATA TRANSFERS

Unless you have provided us with consent to transfer your information, We operate technology from servers located in the United States, and the information that we collect from you is processed solely in the United States. Laws governing the collection and use of data in the European Union, Switzerland, or United States may not be equivalent to those in the country where you reside, but we will, at all times, protect your information in accordance with this privacy Policy.

We may share your information with our affiliates and other third parties described above who are based in countries outside of your country of residence. While some countries may not have data protection laws that are equivalent to those of your country of residence, we will take all reasonable measures to protect your information in accordance with this Privacy Policy and all applicable legal requirements.

If any recipient is located in a country without the adequate legal protection or safeguards for personal data, we will make reasonable efforts to have the recipient adopt the principles described in this Privacy Policy.

7. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

8. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act (“CCPA”) while it is still in effect. The CCPA provides California residents with the right to know what categories of personal information MyCoach AI has collected about them and whether MyCoach AI disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

Category of Personal Information Collected by Future

Category of Third Parties Information is Disclosed to for a Business Purpose

Identifiers.

A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

  • Advertising networks
  • Data analytics providers
  • Service providers
  • Other Users/Public (Name and User Content)
  • Business Partners and Affiliates

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

A name, signature, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

  • Service providers
  • Other Users/Public (Name and User Content)
  • Business Partners and Affiliates

Protected classification characteristics under California or federal law

Age (40 years or older), medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), genetic information (including familial genetic information).

  • Service providers
  • Business Partners and Affiliates

Commercial information

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

  • Service providers
  • Business Partners and Affiliates

Biometric information

Physiological, biological, or behavioral, characteristics (including DNA) that can be used to establish individual identity, and rhythms, gait patterns, or rhythms, and sleep, health or exercise data that contain identifying information.

  • Service providers
  • Business Partners and Affiliates

Internet or other electronic network activity

Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.

  • Service providers
  • Business Partners and Affiliates

Geolocation data

Physical location or movements.

  • Service providers

Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information.

  • Service providers

Professional or employment-related information

Current or past job history.

  • Service providers
  • Business Partners and Affiliates

Inferences drawn from other personal information to create a profile about a consumer

Profile reflecting a consumer's characteristics, psychological trends, behavior, abilities, and aptitudes.

  • Service providers
  • Business Partners and Affiliates

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.

“Sales” of Personal Information under the CCPA

For purposes of the CCPA, MyCoach AI does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

MyCoach AI does not have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Additional Privacy Rights for California Residents

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent.

Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.

Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us directly as set forth in Contact Us below.

9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at support@mycoachai.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

10. CHILDREN’S INFORMATION

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children under any circumstance.

11. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

The Following Applies to Residents of the European Economic Area the United Kingdom and Switzerland Visitors


In addition to the information above if you are a citizen located in a country that abides by the GDPR the following provisions will apply.


Legal Basis for Processing

If you are visitor from the European Union (EU) or Switzerland, our legal basis for collecting and processing the information described in this privacy policy will depend on the information concerned and the specific context in which we collect and process it.



If you want to learn more about specific legal grounds we rely on to process your information for any particular purpose (including any legitimate interests we have to process information), please contact us directly at support@mycoachai.com


Information We Collect

As previously mentioned, in the course of providing services, we may collect information including Personally Identifiable Information and Non personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using the Services.


Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering for a membership; ordering a product or service; submitting content and/or posting content in discussion forums, discord channels, or other public areas; entering a contest or sweepstakes; filling out a survey; or sending us feedback, we may ask you to provide certain information by filling out and submitting an optional form. If you do any of the above we may collect the following:


Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary.


If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.


Non personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both an individual and aggregated basis. This information may include


Children


We do not process the personal data of a child younger than sixteen (16) years old. In such cases, we make reasonable efforts to verify that consent is given or authorized by the holder of parental responsibility over the child, taking into consideration available technology. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We will take steps to remove that information from Our servers.


If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.


Sensitive Personal Data

We do not collect or obtain from third parties, any "Sensitive Personal Data," as defined under the GDPR that is not freely provided by you. "Sensitive Personal Data" is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; or genetic data or biometric data. This data is only collected when you actively provide it to us giving your consent to process the sensitive data pursuant to this policy.


Your Rights Under the GDPR


You have the right under this Privacy Policy, and by law if You are within the EU, to:


We respond to all requests we receive from you wishing to exercise your data protection rights in accordance with applicable data protection laws.

To exercise these rights under the GDPR, please use the details provided under Section 12 "Contacting Us".


12. CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Email: support@mycoachai.com

Address: 6783 HATTERAS DR
LAKE WORTH, FL 3346