Totalfit Privacy Notice
Last modified: [October 20th, 2021]

1. Introduction

This Privacy Notice describes how TOTALFIT collects and uses Personal Data about you through the use of our mobile application, and through email, text, and other electronic communications between you and TOTALFIT in connection with your use of our mobile application.
TOTALFIT, Inc. ("TOTALFIT" or "we" or "us") respects your privacy and are committed to protecting it through our compliance with this privacy notice.

This Privacy Notice (our "Privacy Notice") describes the types of information we may collect from you or that you may provide when you download, install, register with, access, or use the TOTALFIT Application (the "Application") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This privacy notice only applies to information we collect:

  • on our Application;
  • in email, text, and other electronic messages sent through or in connection with the Application.
It does not apply to information collected by:

  • us offline or through any other means, including on any other website or application operated by TOTALFIT or any third-party;
  • us or any of our affiliates or subsidiaries related to your or any other individual's employment or potential employment with us; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from on or through the Application.
Our websites and other online services, and these other third parties may have their own privacy notices, which we encourage you to read before providing information on or through them.

Please read this privacy notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Application. By registering an account through the Application or accessing or using the Application, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of the Application after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.
2. Data Controller, Data Protection Officer, and Representative

Totalfit is the data controller of the Personal Data you provide on the Application. Totalfit is not required to appoint a Data Protection Officer and has decided not to do so. Totalfit has appointed a Representative in the EU in accordance with the General Data Protection Regulation.
TOTALFIT is the data controller of your Personal Data. At this time, TOTALFIT is not required to appoint a Data Protection Officer, and has elected not to do so. TOTALFIT has appointed a representative in the European Union in compliance with the General Data Protection Regulation. TOTALFIT and its representative may be contacted in any manner set forth below in the "Contact Information" Section of this Privacy Notice.
3. Children Under the Age of 16

Our Application is not intended for children under the age of 16 and children under the age of 16 are not permitted to use our Application. We will remove any information about a child under the age of 16 if we become aware of it.
Our Application is not intended for children under 16 years of age. No one under age 16 may provide any personal information on or through the Application. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not register with or use the Application, or provide any information on or through our Application or on or through any of its features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information directly from a child under 16, please contact us at support@TOTALFIT.app or through the contact information below.
4. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.
Generally

We collect several types of information from and about users of our Application ("Personal Data"):

  • directly from you when you provide it to us;
  • automatically as you use Application; and
  • from third parties, for example, your coach.

Information You Provide to Us

When you download, register with, or use the Application, we may ask that you provide us with the following information:

  • By which you may be personally identified, such as your name, email address, telephone number, social media username and password, and other similar information by which you may be contacted online or offline.
  • That is about you but individually does not identify you, such as your birthdate; and
  • That is about your workout, such as the exercises that you performed, the number of rounds or repetitions you completed, resistance levels used, distance or other similar metrics completed, information about your stress levels and your mood, and other information that you choose to put in the journal functionality of the Application.
The information we collect on or through our Application are:

  • information that you provide by filling in forms on our Application. This includes information provided at the time of registering to use our Application, subscribing to our service, entering information in the journal functionality of the Application, or posting material. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Application;
  • records and copies of your correspondence (including email addresses), if you contact us; and
  • your responses to surveys that we might ask you to complete for research purposes.
The Personal Data we collect from you is required to enter into the end user license agreement with TOTALFIT for the access and use of the Application, for TOTALFIT to perform under the end user license agreement, including to provide you with the access to and use of our Application. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data (when appropriate), then in some cases we may not be able to enter into the end user license agreement and/or fulfill our some or all of our obligations to you under it.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Application or your social media pages or transmitted to other users of the Application or third parties (collectively, "User Contributions"). Your User Contributions are posted on the Application or social media and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into the Application and going to the settings page, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.


Information We Collect Through Automatic Data Collection Technologies

As you download, access, and use the Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns:

  • Usage Details: We collect traffic data, logs, referring/exit pages, date and time of your visit to our Application, error information clickstream data, and other communication data and the resources that you access and use on the Application;
  • Device Information: We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number;
  • Stored Information and Files: With your consent, the Application also may access metadata and other information associated with other files on stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information; and
  • Location Information: This Application collects real-time information about the location of your device. Depending on your mobile device, you may be required to provide permission for the Application to access this location information.
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Application and to deliver a better and more personalized service by enabling us to:

  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customize our Application according to your individual interests;
  • speed up your searches; and
  • recognize you when you return to our Application.
The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your mobile device. Our Application may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Application. We only place non-essential cookies on your device with your consent. You may withdraw or change your consent at any time by logging into the Application and accessing your settings screen. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Application. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.
  • Flash Cookies. Certain features of our Application may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Application. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our the Application and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit TOTALFIT, for example, to count users who have visited those pages or opened an email and for other related application statistics (for example, recording the popularity of certain application content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or portions of the Application are served by third-parties, including analytics companies, content providers, your mobile device manufacturer, your mobile service provider, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Application. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different applications and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

4.1 Apple Health Kit (and Apple Motion & Fitness API) or Google Fit (together the "Health App")

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.
Apple Health Kit (and Apple Motion & Fitness API) or Google Fit (together the "Health App") Provided you give express permission on your device, we may receive (read) or/and write (share) data about your activity with/from Health App. In some of our Apps you may decide to allow us to read (receive) the following information from the Health App: the number of steps traveled and weight.

If you grant access for us to write data to (share with) Health App, we will transfer to Health App information on your workouts, weight, dietary energy (calorie intake according to information on how you follow your meal plan). Before you decide to share your data with the Health App, we encourage you to review their privacy policy, as your data will be subject to those policies. For more information on the Apple HealthKit, please see http://www.apple.com/ios/health/, and on the Google Fit, please see https://www.google.com/fit/.

You can withdraw our access to read/write data from Health App at any time directly in the Health App. We do not use the information gained through the Health App for advertising or similar services. Please find below more detailed information on how we process the information obtained from Health App and what happens when you decided to share your data with Health App.

What information we may read (receive) from the Health App and how do we use the information obtained from the Health App?

Number of steps
In the App, you are able to set (and sometimes we suggest a certain) goal for daily steps. To track your step goal progress, we input the number of steps in the App. As a result, we provide you with a convenient way to access this information via App charts and access to aggregated information (for example, to track your weekly average steps). To encourage you, we may also send you motivational messages reminding you that a certain amount of steps are left to meet your daily goal (we may even award you a badge in the App for fulfilling your step goal week in a row).

Weight
We use this information to help you track your weight loss journey and customize your App experience. You may also input this information manually in the App, but if you use, for example, smart weights and allow us to read your weight information from Health App, weight information in the App will automatically update each time you use your smart weights (provided you share this information to Health App). We may also use this information to adjust our weight loss suggestions (for example, daily number of steps, water intake goal).

What information we may write (transfer) to Health App and what happens when you decide to share your data from the App with Health App?

Weight
If you manually input your current weight into the App, Health App will receive this information and update your measures in the Health App.

Dietary energy
(how much calories you consume according to the meal information provided in the App) If you track your meal plans in the App (by entering the meals you take), this information will be shared with the Health App to update your stats in the Health App.

Workouts
(the time of the workouts you do using the App) You may choose to share with Health App workouts information. As a result, when you finish a certain workout, Health App will know the duration of the workout you performed in the App.
5. Lawful Basis for Processing Your Personal Data

We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.
If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

  • Consent. By using our Application, you consent to our collection, use, and sharing of your Personal Data as described in this Privacy Notice. If you do not consent to this Privacy Notice, please do not use the Application;
  • Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your Personal Data if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between TOTALFIT and you; detect and correct bugs and to improve our Application; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; and to promote and market our business;
  • To Fulfill Our Obligations to You under our End User License Agreement. We process your Personal Data in order to fulfill our obligations to you pursuant to our contract in the form of our end user license agreement with you to provide you with the access and use of our Application; and
  • As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
6. Special Categories of Information

We may process some Personal Data considered sensitive with your consent for the purpose of maintaining your fitness record and helping you reach your fitness goals.
Some Personal Data processed by TOTALFIT may be considered sensitive under applicable laws, including personal data concerning your health. By using our Application and providing us with this information, you consent to our use of this information for us to help you and your coach to maintain your fitness record and help you reach your fitness goals.

7. How We Use Your Information

We use your Personal Data for various purposes described below, including to:
· provide our Application to you;
· provide you with information you request from us;
· enforce our rights arising from contracts;
· notify you about changes; and
· provide you with notices about your account

We use information that we collect about you or that you provide to us, including any Personal Data:

  • To provide you with the Application and its contents to you;
  • to provide you with information, products, or services that you request from us;
  • to provide you with notices about your account;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us (such as our end user license agreement), including for billing and collection;
  • to notify you about when updates to our Application are available, and of changes to any products or services we offer or provide through it;
  • to allow you to participate in interactive features on our Application;
  • in any other way we may describe when you provide the information;
  • to fulfill any other purpose for which you provide it; and
  • for any other purpose with your consent.
We use location information we collect to determine your distance when you exercise outdoors and to determine when you are near one of our gym locations.

With your consent, we may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you, including to provide you with contact information of your local gym owner or fitness coach to receive a trial fitness session. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by logging into the Application and adjusting your user preferences in the settings screen by checking or unchecking the relevant boxes or by sending us an email stating your request at support@TOTALFIT.app. For more information, see Choices About How We Use and Disclose Your Information.

8. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. We disclose your Personal Data to a few third parties, including:
· our subsidiaries and our affiliates;
· our third-party service providers that we use to support our business;
· to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
· to comply with our legal obligations;
· to enforce our rights; and with your consent.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this Privacy Notice:

  • to our subsidiaries and affiliates;
  • to contractors, service providers, and other third parties we use to support our business. These entities provide IT and infrastructure support services;
  • to coaches and gym owners for trials of fitness sessions;
  • to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of TOTALFIT, Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by TOTALFIT, Inc. about our Application users is among the assets transferred;
  • to fulfill the purpose for which you provide it. For example, if you give us an email address to contact a coach or a gym owner, we will transmit the contents of your communication and your email address to the recipients;
  • for any other purpose disclosed by us when you provide the information; and
  • with your consent.
We share information with third parties that help us operate, provide, improve, integrate, customize, support, and market our Service. The types of third parties we share information with include, in particular:

8.1. Service providers We share personal data with third parties that we hire to provide services or perform business functions on our behalf, based on our instructions. We share your personal information with the following types of service providers:

  • cloud storage providers (Amazon)
  • data analytics providers (Facebook, Google, Appsflyer, Firebase, Crashlytics, Amplitude, Fabric)
  • measurement partners
  • marketing partners (in particular, social media networks, marketing agencies, email delivery services, Facebook, Google, Snapchat)
  • payment processing providers
We may also disclose your Personal Data:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our end user license agreement and other agreements, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of TOTALFIT, Inc., our customers, gym owners, coaches, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

8.2 Apple Health Kit (and Apple Motion & Fitness API) or Google Fit (together the "Health App")

Apple Health Kit (and Apple Motion & Fitness API) or Google Fit (together the "Health App") Provided you give express permission on your device, we may receive (read) or/and write (share) data about your activity with/from Health App. In some of our Apps you may decide to allow us to read (receive) the following information from the Health App: the number of steps traveled and weight.

If you grant access for us to write data to (share with) Health App, we will transfer to Health App information on your workouts, weight, dietary energy (calorie intake according to information on how you follow your meal plan). Before you decide to share your data with the Health App, we encourage you to review their privacy policy, as your data will be subject to those policies. For more information on the Apple HealthKit, please see http://www.apple.com/ios/health/, and on the Google Fit, please see https://www.google.com/fit/.

You can withdraw our access to read/write data from Health App at any time directly in the Health App. We do not use the information gained through the Health App for advertising or similar services. Please find below more detailed information on how we process the information obtained from Health App and what happens when you decided to share your data with Health App.

What information we may read (receive) from the Health App and how do we use the information obtained from the Health App?

Number of steps
In the App, you are able to set (and sometimes we suggest a certain) goal for daily steps. To track your step goal progress, we input the number of steps in the App. As a result, we provide you with a convenient way to access this information via App charts and access to aggregated information (for example, to track your weekly average steps). To encourage you, we may also send you motivational messages reminding you that a certain amount of steps are left to meet your daily goal (we may even award you a badge in the App for fulfilling your step goal week in a row).

Weight
We use this information to help you track your weight loss journey and customize your App experience. You may also input this information manually in the App, but if you use, for example, smart weights and allow us to read your weight information from Health App, weight information in the App will automatically update each time you use your smart weights (provided you share this information to Health App). We may also use this information to adjust our weight loss suggestions (for example, daily number of steps, water intake goal).

What information we may write (transfer) to Health App and what happens when you decide to share your data from the App with Health App?

Weight
If you manually input your current weight into the App, Health App will receive this information and update your measures in the Health App.

Dietary energy
(how much calories you consume according to the meal information provided in the App) If you track your meal plans in the App (by entering the meals you take), this information will be shared with the Health App to update your stats in the Health App.

Workouts
(the time of the workouts you do using the App) You may choose to share with Health App workouts information. As a result, when you finish a certain workout, Health App will know the duration of the workout you performed in the App.
9. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third-parties to advertise to you, our advertising to you, and other targeted advertising.
We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

  • Tracking Technologies and Advertising. You can set your mobile device to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of our Application may then be inaccessible or not function properly.
  • Promotional Offers from TOTALFIT. We will only use your contact information to promote our own or third parties' products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Application and adjusting your user preferences in the settings screen by checking or unchecking the relevant boxes or by sending us an email stating your request to support@TOTALFIT.app. If we have sent you a promotional email, you may click on the unsubscribe link in the email to request to be omitted from future email distributions. This opt out does not apply to information provided to TOTALFIT as a result of any purchase or use of our products or services (including the Application or through any of its features) or any product service experience or other transactions.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative ("NAI") on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info).
10. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.
Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

  • Access and Update. You can review and change your Personal Data by logging into the Application and visiting the settings screen. You may also email us at support@TOTALFIT.app of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
  • Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
  • Portability. To the extent the Personal Data you provide TOTALFIT is processed based on your consent and that we process it through automated means, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
  • Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
  • Right to be Forgotten. We will delete your Personal Data when you delete your user account through the Application when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase Personal Data if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies. If you delete your User Contributions from the Application, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Application users. Proper access and use of information provided on the Application, including User Contributions, is governed by our end user license agreement.
  • Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
  • How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.
11. State-Specific Privacy Rights

The law in certain states may provide their residents with additional rights regarding our use of your Personal Information
The law in some states may provide you with additional rights regarding our use of Personal Data. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see the applicable section for your state below.

Your California Privacy Rights

California law permits minors under the age of 18 to request the removal of your User Contributions on our Application, subject to certain exceptions. If you are under the age of 18 in California, you may contact us at support@TOTALFIT.app with the subject "California Eraser Law Request." We may not remove your User Contributions that we are required to retain under any federal or state law, or that have been provided to a third party, including your social media sites. While we will do our best to remove a California minor's User Contributions upon a valid request, we cannot ensure the complete or comprehensive removal of your User Contributions from our Application or any information that has been republished, copied, downloaded, or reposted by any third party, and we cannot guarantee that any such User Contributions may not be accessible to users of the Internet in the future. We do not advertise or market any of the products or services identified in California Business and Professionals Code Section 22580(i) to users who we have actual knowledge are under 18 years of age.

12. Do Not Track Signals

We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.
We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers or mobile device operating systems permit you to broadcast a signal to websites and online services indicating a preference that they "do not track" your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

13. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Websites confidential.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in areas of the Application that you make available to other Application users or that you decide to post on social media. This information may be viewed by any user of the Application or other users of the applicable social media site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Application. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Application.

14. Consent to Processing of Personal Data In Other Countries Outside the European Economic Area

We may process your Personal Data outside of your home country, including to the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.
If you are a resident of the European Economic Area ("EEA"), in order to provide our Application, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your Personal Data may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using our Application, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.

Your Personal Data is transferred by TOTALFIT to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Notice when we transfer it to a third party, TOTALFIT uses Data Protection Agreements between TOTALFIT and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the "Standard Contractual Clauses"). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third country. You may request a copy of the Data Protection Agreement by contacting us through the Contact Information below.

15. Data Retention Periods

We retain your Personal Data until you request us to delete it in the Application. In some instances, we may keep it after you close your account, for example we may keep it:
· on our backup and disaster recovery systems;
· for as long as necessary to protect our legal interests; and
· and to comply with other legal requirements.

TOTALFIT will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:

  • for as long as necessary to comply with any legal requirement;
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
16. Changes to Our Privacy Notice

We will post any changes to our Privacy Notice on our Application. If we make material changes to our Privacy Notice, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.
We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page with a notice that the Privacy Notice has been updated on the Application' home screen. If we make material changes to how we treat our users' Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Application' home screen. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Application and this Privacy Notice to check for any changes.

17. Contact Information

You may contact our Data Protection Officer through the contact information below. [If you wish to contact us, you must contact both us and our representative through the contact information below or through the "Contact Us" page on our Application.
If you have any questions, concerns, complaints or suggestions regarding our Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you must contact both us and our representative in the European Union at the contact information below or through the "Contact" page on our Application.

To Contact TOTALFIT (Controller) or Our Representative

TOTALFIT
9070 Glennloch Forest Dr
Spring, TX 77379

support@TOTALFIT.app

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