Fitvault Data and Privacy Policy

Last updated: February 01, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree and consent to the collection and use of information in accordance with this Privacy Policy.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FitVault (Pty) Ltd, duly registered in South Africa.

• Application means the software program provided by the Company downloaded by You on any electronic device, named FitVault
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Service refers to the Application.
• Country refers to: South Africa
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Personal Data is any information that relates to an identified or identifiable individual.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Fitness Activity refers but is not limited to the user's daily steps, calorie workouts, gym visits, event participation, resting heart rate, heart rate variance and any other fitness related data logged by the user.
• Fitness Score refers but is not limited to the user's daily steps, calorie workouts, gym visits, event participation, resting heart rate, heart rate variance and any other fitness related data logged by the user.
• Health Score (also known as LIVE Score) refers to a continuous relative risk measures for clinical indicators such as systolic and diastolic blood pressures, BMI and/or body fat %, waist circumference, fasting plasma glucose, total cholesterol, triglycerides and smoking, all adjusted for age, gender and co-morbidities.
• Movement Score refers to different intensities of physical activity, including sedentary behaviour, light activity, moderate activity, and vigorous activity, and compares them to current health recommendations.
• Sleep Score refers to data from wearable devices that takes into account the duration, efficiency, regularity, timing, and staging of an individual's sleep to give them a comprehensive understanding of their sleep habits.
• Authorised Recipient means any entity or institution subscribed to FitVault and authorized by a user to receive their personal and usage data. This may include Life Insurers, Health Insurers, Employers, or any Group as authorized by You.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, daily steps, calorie workouts, gym visits, event participation, resting heart rates, heart rate variance, and any other fitness related data logged by the user).
• Data transfer refers to user data sent automatically to any Authorised Recipient, either transferred from the Service or from the Service infrastructure itself

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Identity or Passport numbers
• Year of birth
• Health measurements
• Usage Data
• Country of location

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers, and any fitness activity related data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device or wearable fitness activity tracker device You use, Your mobile device unique ID, Your fitness activity tracker unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information received from Health Connect and other manufacturers

The use of information received from Health Connect, as well as from other manufacturers, will adhere to the respective permissions policies of each entity, including the Limited Use requirements as specified in the Health Connect Permissions Policy, and similar provisions set forth by other manufacturers.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:

• Information regarding your location
• Fitness activity data (sleep, daily movement, active calories and workouts, resting heart rate, heart rate variance, heart rate recovery, gym visits or related data)
• Health measurements (including but not limited to: glucose, blood pressure, cholesterol, BMI)

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings. You can also enable or disable location services when You use Our Service at any time, through Your Device and FitVault Application settings.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service , including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To submit Your fitness activity data to any authorised recipient as authorized by you.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
• With 3^rd Party Recipients whom you authorize your user data be sent via a data transfer
• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to authorised recipients of your user data.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage and User Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to - and maintained on - computers located outside of Your province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred to only your authorised recipients. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security, and there is an inherent risk in transmitting information over the internet. It may be possible for an unrelated party to intercept or access such transmissions unlawfully.

If you believe that your personal information under our control has been compromised, including access to any accounts you hold with our services, please contact us immediately using the details below.

Your legal rights

You have the following rights:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. If you would like to know what information we hold about you, you may submit a request to us by using the contact details below.

We will require you to prove your identity before granting access to your personal information. You will not have to pay a fee to access your personal data (or to exercise any of the other rights detailed below). However, we may be entitled to charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We will process your request within the timeframe required.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure (deletion) of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

If you would like us to delete your information from our records then please contact us using the details below and we will respond within a reasonable time. Please note that we may be required to retain certain information by law and/or for own legitimate business purposes.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw.

Communication Preferences and Opt-outs

If you wish to stop receiving marketing communications from us then please click on the "unsubscribe" link at the bottom of the relevant newsletter and/or contact us directly in requesting us to do so. Please note that this will not unsubscribe you from all communications, only the newsletter in the question and as such you will need to perform this action for each of the newsletters you are subscribed to. If you wish to opt-out completely then please contact us at using the details provided below. Please note that you cannot unsubscribe from some service related messages.

In accordance with industry standards, we reserve the right to retain a minimal amount of data necessary to ensure we do not contact you in the future.

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Mailchimp

Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.

For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/

Constant Contact

Constant Contact is an email marketing sending service provided by Constant Contact, Inc.

For more information on the privacy practices of Constant Contact, please visit their Privacy policy: https://www.constantcontact.com/forward/privacy-center

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. 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 13 without verification of parental consent, We take steps to remove that information from Our servers.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.

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.

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, You can contact us:

• By email: info@fitvault.net
• By visiting this page on our website: www.fitvault.net