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Privacy Policy



INTRODUCTION

Last Updated on 11/19/2021

OPTApp, Inc. (the "Company") is committed to maintaining robust privacy protections for its users. Our Privacy Policy ("privacy Policy") is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Services. 


For purposes of this Agreement, “Site” refers to the Company’s websites, which can be accessed at optapp.io or through our mobile application in the Google Play Store  known as OPTApp.

“Service” refers to the Company’s services accessed via the Site, in which users can receive Personal Training Services, Online Personal Training Services and any other Seminars, Workshops, Special Trainings, Assessments, Complimentary Sessions. 

The terms “we,” “us,” and “our” refer to the Company.

“You” refers to you, as a user of our Site or our Service. 

By accessing our Site or our Service, you accept our Privacy Policy and Terms of Service and you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Policy.


INFORMATION WE COLLECT

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your, name, email, age, gender, address, physical exercise history, any fitness history, health history, medical conditions, doctor information (if required), marital status, and any other information you choose to disclose to further assist our Service, which you submit to us through the Assessment Form process at the Site and during Personal Training Service provided.


To use the Website you do not need to submit any Personal Information. To activate the Service you need to enter your name and email address. To use the Service thereafter, you do need to submit further Personal Information which may include the list of Personal Information we collect during your Assessment Form and any other information we acquire with your consent.


The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13, or allow anyone under the age of 13 to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at [email protected] and inform us. 

HOW WE COLLECT YOUR INFORMATION

In an effort to improve the quality of the Service, we track Non-Personal Information provided to us by your browser or by our software application when you view or use the Service, such as the Websites you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. For example, the Company may use cookies to collect the following information:

·   How you interact with our Websites.

·   Any areas of improvements within our Websites to better serve users when they interact with our website.

·   Any website which referred you to our Website.

·   Which pages you land on.

The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.  For more information, please visit cookiedatabase.org for more information on specific cookies and how they are used.


 Information you provide us by registering for an account

In addition to the information provided automatically by your browser when you visit the Site, to become a subscriber to the Service you will need to create a personal profile. You can create a profile by registering with the Service and entering your name and email address, filling out the Assessment Form and creating a user name and a password. By registering, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy.

WITH WHOM WE SHARE INFORMATION

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent Your Personal Information with third parties. 

However, we do use the service of third parties such as Google, Facebook and Microsoft to help us manage our Website optimization, marketing, and advertising efforts and we do not do so with your consent. For more information, please ready their privacy policy by clicking on the links above. 

We do share Personal Information with third parties who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.

In general, the Personal Information you provide to us is used to help us communicate with you and to serve you as best as we can. For example, we use Personal Information to create a personalized fitness programs, as well as, contact You in response to questions, feedback, provide technical support, and inform You about promotional offers.

We may share Personal Information with third parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law. 

CCPA FOR CALIFORNIA RESIDENTS

In accordance with the CCPA 1798.105

1798.105(a) A consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.


(b) A business that collects personal information about consumers shall disclose, pursuant to subparagraph (A) of paragraph (5) of subdivision (a) of Section 1798.130, the consumer’s rights to request the deletion of the consumer’s personal information.


(c) A business that receives a verifiable request from a consumer to delete the consumer’s personal information pursuant to subdivision (a) of this section shall delete the consumer’s personal information from its records and direct any service providers to delete the consumer’s personal information from their records.


(d) A business or a service provider shall not be required to comply with a consumer’s request to delete the consumer’s personal information if it is necessary for the business or service provider to maintain the consumer’s personal information in order to:


(1) Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.


(2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.


(3) Debug to identify and repair errors that impair existing intended functionality.


(4) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.


(5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.


(6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.


(7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business.


(8) Comply with a legal obligation.


(9) Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

GDPR -E.U.

Scope: OPTApp, Inc. adheres to the GDPR

Personal Training: Personal Training is a service that allows OPTApp to more effectively collaborate and share information to enhance fitness performance to its Users. Partners (employers or organizations - the data controllers) may submit personal information about their members to OPTApp. While Partners and their members decide what information to submit, it typically includes things in the "INFORMATION WE COLLECT" section of this Privacy Policy.

Physical Analysis and Measurements: OPTApp offers Physical Measurement and Analysis through services rendered through third parties such as the OPTApp Software Application and may receive personal data from users (the data controllers) and what they disclose. This includes things like height, weight, exercises, and other information metrics you disclose within the software application and during Personal Training Service rendered.

OPTApp uses the personal data provided by you to provide Personal Training Services in accordance with the terms applicable to the relevant Personal Training Service and otherwise with the Personal Trainer instructions.

Choice. Individuals have the right to opt out of (i) disclosures of their personal information to third parties; or (ii) uses of their personal information for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individual. As a service provider, OPTApp works with its You to ensure that You are offered appropriate choices applicable.

Access. Within the scope of our authorization to do so, and in accordance with our commitments under the GDPR, OPTApp will work with its Partners to provide individuals access to personal data about them that OPTApp holds on behalf of its Partners. OPTApp also will take reasonable steps to enable individuals, either directly or in connection with the Partners, to correct, amend, or delete personal data that is demonstrated to be inaccurate.

Third Parties. OPTApp may transfer data within the OPTApp family of services and to third parties, including service providers and other partners. 

Legal Requests. Personal data that is transferred to us by our Partners may be subject to disclosure pursuant to legal requests or other judicial and government process, such as subpoenas, warrants, or orders. 


CHANGES TO OUR PRIVACY POLICY

OPTApp, Inc. reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant change to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our Website. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Website and this privacy policy page for updates.

CONTACTS AND RIGHT TO OPTOUT

If you have any concerns regarding this Privacy Policy or the practices of this site, please contact [email protected] 

You have the right to optout of receiving any emails from OPTApp by unsubscribing to the email you are subscribed to. You also have the right to optout of disclosing any personal information during Personal Training Service but in doing so will prevent OPTApp to provide optimal service. If you decide to optout, the Personal Training Terms and Conditions continue to apply. For more information regarding OPTApp and Personal Training Terms and Conditions, please see the Terms and Conditions you received when you purchased your Personal Training Sessions or contact [email protected] to receive a copy of the Terms and Conditions of your service. 

You may, also, obtain more information and optout of the collection of Website datat by going to the cookies page and clicking on the cookie settings. 

11/19/2021, 1:44:20 PM

Copyright © OPTApp, Inc. 2021