Last Modified: 1st of March, 2024

INTRODUCTION

This Privacy Policy informs you of your choices and how Keep Technology PTE. LTD. as well as our affiliates, subsidiaries and related entities (also referred to as “FitPulse”, “we” or “us”) make use of any information you provide to us via our mobile application (“App”).

We may from time to time revise or add specific instructions, policies and terms to this Privacy Policy. Whenever we make any changes to this Privacy Policy that are important for you to know about and materially impact how your information will be used, we will notify you via the App or other means before the changes become effective. Your continued use of the App means that you agree with the changes to this Privacy Policy. Please read this Privacy Policy carefully. If you do not agree with any part of this Privacy Policy, please do not access or use the App.

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE APP OR THIS PRIVACY POLICY, PLEASE CONTACT US VIA OUR CONTACT US feedback@fitpulse.ai.

Resident of certain jurisdictions may have specific rights, such as in the European Economic Area, United Kingdom and certain U.S. states. Please see the sections below regarding such rights. If you have any question about this policy, please send email to: feedback@fitpulse.ai.

COLLECTION OF INFORMATION

Why We Collect Information From You

Personal information (also called personal data) may be collected in many ways. You agree to authorize FitPulse to use the information for the following reasons in accordance with this Privacy Policy:

• Maintain, upgrade and modify the App and other FitPulse products and services;
• Improve your security or provide customer support;
• As necessary to provide you with the services requested;
• For commercial purposes, including but not limited to providing value-added services, advertising,positioning advertising, marketing, joint registration, promotional or other activities;
• At the request of the judicial or governmental authorizations;
• To improve the user experience and personalize the App for you;
• For other circumstances which benefit the users and FitPulse, and do not violate any applicable laws and regulations.

What Information We Collect From You

We collect information from you when you use App – for example, when you:

• Register to use App;
• Log into App with third party platform accounts;
• Use App;
• Communicate with us.

Registration and Account Information. You must register for an account in order to use the App. To register, you need to provide certain personal information, such as your user name, password, e-mail; optionally, you may also choose to provide us with your personal information such as age, gender.

Social Connect. When you choose to connect your third party social media account to your account, we may collect certain information including where applicable, your user name, email address, phone number, language preference, profile photo from your account with that social media platform – for example, to facilitate your login to the App with that account.

Using the App. We collect information from and about you through your use of the App. For example, we may collect personal information via the following:

• Information you make available to us when you open an account, as set out above;
• Any information included in your publicly visible App profile, which may include your profile ID, name and photo;
• Information you make available to us via your use of the App – for example, via: a) your sharing of your contact list with FitPulse in the “Recommended Friends” function in order to connect with other FitPulse users; b) If applicable, making purchases within the App, including your credit card or bank details and information about the purchases that you make;
• Information we collect in the course of you using the App – such as certain location data and log data;
• Information you provide through your communications with our customer support team.

Purchases via the App. When you make purchases through App, the payments are processed by a third-party payment service provider, such as Google Pay or Apple Pay. We do not collect or store such personal information, though we may receive summary information about transactions and the last four digits of your payment method for verification purposes. Where we or our affiliate companies process your payments as a payment service provider, or where we fulfill any purchases you have made on FitPulse, we may collect, use and store your personal information in order to fulfill such purchases.

Location Data, Log Data and your device. FitPulse automatically collects log data from your device to enable and assist FitPulse’s functionalities. In addition, you may also permit FitPulse to access other content and data on your device – for example, your photo storage. While we may collect information on your general location, we do not collect precise geolocation data. We process Location Information on the basis that you have consented to this and you may change your mind at any time by turning off location tracking either in your device settings or the app’s settings.

Contact Information. If you choose to share your contact information or that of your friends and contacts, then FitPulse may store and process such information.

Cookies. Our App may use cookies or similar technologies. Please check our Cookie Notice for further details. Where we collect personal information to administer our contract with you or to comply with our legal obligations, the information collection is mandatory and we may not be able to provide you with the requested services without this information. In all other cases, provision of the requested personal information is optional, but it may affect your ability to use certain services or to participate in certain programs or systems, where the information is needed for those purposes.

SHARING INFORMATION

Except as disclosed in this Privacy Policy or with your consent, we commit that we will not sell your personal information to any other third parties for their processing for any purposes. We will ask for your explicit consent to share any sensitive personal information with a third party (other than our processors) such as race, religion, sexual orientation, or health.

Depending on where you are, we may share your personal data with our affiliates so that we can response to your request, provide our services or for our wider business purposes. A list of FitPulse group entities and their contact details can be found here.

We will not disclose or transfer your personal information to any non-affiliated third parties except as set forth in this Privacy Policy or with your consent.

Sharing What You Choose

You may choose to share certain information. In order to participate in certain features, you may have to adjust your privacy settings and share more information. You may also choose to share your activity on other platforms, such as Facebook, Twitter or Instagram. Please read the privacy policies of those platforms, as your activity published on those platforms will no longer be governed by this Privacy Policy.

Legal Reasons

We will share personal information if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to a) meet any applicable law, regulation, legal process, or enforceable governmental request, b) detect, prevent, or otherwise address fraud, security, or technical issues, or c) protect against harm to the rights, property or safety of FitPulse, our users, or the public as required or permitted by law.

External Processing

To provide you with a better experience through improving our products, services, content, and advertising or otherwise where you have consented, we may share the personal information with our affiliate companies and with third-party service providers (in particular, hosting, backend service provider, analytics service providers), contractors and agents, and use it consistent with this Privacy Policy.

For example, we may send and receive data to and from Apple HealthKit to collaborate training consumption calculation on your iOS system with your authorization. During the register process, we read data from Apple HealthKit to simplify the age and weight input process, in the meantime, your training data will be sync back to Apple HealthKit. We will never share with or sell the information gained through the use of Apple HealthKit, such as age, weight and heart rate data, to advertisers or other agencies without your authorization. We will also never use the information for marketing, advertising or similar services.

Business Transfers

If FitPulse is involved in a merger, acquisition, bankruptcy or sales of assets, we will continue to ensure the confidentiality of your personal information and give affected users notice personal information is transferred or become subject to a different Privacy Policy in advance.

Public Sharing

If you choose to publicly share certain information about yourself through the App, which may include your username, city location, and profile picture, then such information will be accessible to others. This may happen when you choose become friends with other users through features of the App.

MANAGING, REVIEWING, OR UPDATING YOUR INFORMATION

When using the App, you can always manage, review and update certain information in your account, for instance, you can manage your personal information at any time, such as your bio and photo. In the meanwhile, you are responsible for the truthfulness, legality, validity and completeness of the information you provide, and update and maintain your personal information in a timely manner to ensure the truthfulness, validity and validity of the information.

EXPORTING, REMOVING, OR DELETING YOUR INFORMATION

You can export a copy of content in your account if you want to back it up or use it with a service outside of FitPulse by clicking on 「deactivate your account」 in the app's settings or by sending your request tofeedback@fitpulse.ai. We will help you export the information based on applicable law and your specific request. You can also remove or delete content from your account or entirely delete your whole FitPulse account. If any content you cannot remove or delete by yourself, please kindly reach us viafeedback@fitpulse.ai. In some cases, we retain data for limited periods when it needs to be kept for legitimate business or legal purposes or to be protected from accidental or malicious deletion, there may be delays between when you delete something and when copies are deleted from our active and backup systems.

PROTECTING INFORMATION

Security Measures

We use a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information (if applicable) you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within our databases.

No Guarantee

However, like other companies, we cannot guarantee 100% the security or confidentiality of the information you provide to us.

Data Transfers

We maintain server around the world and your information may be processed on servers located outside of the country where you live. We will only transfer your information in compliance with legal frameworks that apply to FitPulse.

CHILDREN’S POLICY

We do not knowingly collect or solicit personal information from children under 16. If you are a minor, you can use the service only in conjunction with your parents or guardians. If we are aware that a child under 16 has provided us with personal identifiable information, we will delete such information from our files. We use your email address and, in rare situations your mailing address or phone number, to contact you regarding administrative notices from time to time.

THIRD-PARTY SERVICE PROVIDERS

To better enrich your experience, there may be products or services provided by third parties. You can choose whether to access such content or links, or whether to use the third party’s products or services. However, we do not have control over the products or services provided by third parties. We cannot control any of your personal information held by third parties. The information protection issues that you use in the use of third-party products or services do not apply to the management of this policy. This policy does not apply to any information you choose to provide to third parties.

YOUR RIGHTS RELATING TO YOUR PERSONAL DATA

To the extent that an applicable law applies to you and FitPulse, you may be entitled to the following rights:

a) right of access to your personal data;

b) right to data portability (i.e. you have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller);

c) right to correction if your personal data is not complete or accurate;

d) right to deletion or restriction of your personal data, as permitted by law;

e) right to object (i.e. objecting to our processing of your personal data) (e.g. in case we process your data for direct marketing purposes), as permitted by law.

Where we have asked for your consent, you may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your personal data based on the consent you provided before you withdrew it.

These rights are not absolute, and may be limited in some situations. For example, where we can demonstrate that we have a legal requirement to process your data or if making the information available to you would reveal personal data about another person or if we are legally prevented from disclosing such information. In some instances, this may mean that we are able to retain data even if you withdraw your consent.

We hope that we can satisfy any queries you may have about the way we process your data. In the event you still have unresolved concerns, you also have the right to lodge a complaint with a supervisory authority, in particular to the data protection authority in the country of your habitual residence or place of work.

MARKETING

If we are legally required to do so, we will seek your prior consent before providing you with promotional materials or information. You may withdraw your consent at any time (this will not affect the processing of your personal data undertaken until the withdrawal). If you want to stop receiving promotional materials, etc., you can do so at any time by communicating with us.

DATA RETENTION

We will retain your personal data for as long as is necessary to carry out the purposes set out herein. Generally speaking, this means that we will FitPulse your personal data for as long as you maintain an account. We will also retain your personal data deemed necessary to comply with legal obligations, settle disputes, and enforce agreements.

Where applicable, we will delete your personal data upon your request. If you wish to obtain further information about the retention periods as applied to your personal information, you may contact us at feedback@fitpulse.ai.

CONTACT US

The data controller for your personal data will be KEEP TECHNOLOGY PTE. LTD . If you have questions about this privacy notice or wish to contact us for any reason in relation to our personal data processing, please contact us at feedback@fitpulse.ai.

EEA/UK SPECIFIC TERMS:

The following terms will apply to the processing of personal data of data subjects in the European Economic Area (“EEA”) or the UK.

1. LEGAL BASIS OF GDPR FOR PROCESSING YOUR PERSONAL DATA

We process this personal data for the following purposes:

• To fulfil a contract, or take steps linked to a contract: this is relevant where you register an account with us to use our service or, if applicable, make a purchase through our apps. This includes:
  • verifying your identity;
  • taking payments, if applicable;
  • communicating with you;
  • providing customer services or other provision of products, prizes or services;
• As required by us to conduct our business and pursue our legitimate interests, in particular:
  • we will use your information to provide the App, and respond to any comments or complaints you may send us;
  • we monitor use of our App, and use your information to help us monitor, improve and protect our products, content, services and websites;
  • we use information you provide to personalise our App for you;
  • where applicable, if you provide a credit or debit card as payment, we also use third parties to check the validity of the sort code, account number and card number you submit in order to prevent fraud;
  • we monitor customer accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;
  • we use information you provide to investigate any complaints received from you or from others, about our App;
  • we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation); and
  • we will notify you about changes to our services, where applicable.

We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out later in this notice.

• Where you give us consent:
  • providing you with information relating to FitPulse or promotional details about services that may be of interest to you, as well as marketing mailings (electronic or otherwise) or other communications;
  • we process certain types of special categories of personal data, including your health data, for the provision of certain requested functions via our App;
  • we place cookies and use similar technologies in accordance with our Cookies Policy and the information provided to you when those technologies are used; and
  • on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
  • For purposes which are required by law, such as:
  • in response to requests by government or law enforcement authorities conducting an investigation, or to comply with the requirements imposed by applicable law or any court order.

2. TRANSFER OF PERSONAL DATA OUTSIDE OF THE EEA/UK

In situations where we transfer your personal data to countries outside of the EEA or the UK to an organisation in a country which is not subject to an adequacy decision by the EU Commission or considered adequate as determined by applicable data protection laws, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the applicable laws by using the European Commission approved Standard Contractual Clauses, a vendor's Processor Binding Corporate Rules or by relying on such other data transfer mechanisms as available under applicable data protection laws, and where necessary, by implementing further (organisational/contractual/technical) supplement measures in order to ensure the effectiveness of the transfer mechanisms.

Where we transfer your personal data from EEA to other entities of the FitPulse Group in a country not subject to an adequacy decision by the EU, we use the European Commission approved Standard Contractual Clauses. A copy of the relevant mechanism can be obtained for your review on request by using the contact details below. We have appointed a representative in the EU, which can be contacted at feedback@fitpulse.ai.

CALIFORNIA SPECIFIC TERMS: PRIVACY DISCLOSURES

If you are a California resident, the following additional privacy disclosures under the California Consumer Privacy Act of 2018 (“CCPA”) and other California laws may be applicable to you and allows you to exercise your rights regarding your personal information.

1.INTRODUCTION

If the CCPA is applicable, you have the right to know and understand how we collect, use, disclose, and share your personal information, to access your information, to request that we delete specific information, to exercise your rights to opt-out of the sale or sharing of your personal information, and also not be discriminated against when exercising your privacy rights granted under the CCPA.

2.CATEGORIES OF INFORMATION WE MAY COLLECT

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly, or indirectly, with a particular consumer, household, or device (“personal information”). We may have collected the following categories of personal information from users within the last twelve (12) months:

A.Identifiers: alias or pseudonym, postal address, unique personal identifier, online identifier, IP address, email address, account username, or other similar identifiers.

B.Personal information categories listed in the California Customer Records statute, such as physical characteristics or description, address, cell phone number, and other personal information details that may overlap with other categories.

C.Demographic classification and information which may be protected by law, such as your gender, age, date of birth, health information, and physical characteristics (height and weight).

D.Commercial information, including your purchasing records, and browsing history.

E.Biometric information, such as your exercise, activity, or health data, including the number of steps you take, distance travelled, weight, heart rate, and any similar information.

F.Internet or other electronic network activity information, such as language settings and the usage data we receive when you access or use our services. This includes information about your interactions within the App, and about the devices and computers you use to access the App, as well as browsing history.

G.Geolocation data, including GPS signals, device sensors, Wi-Fi access points, locational data via cell towers.

H.Electronic, visual, or similar information, such as your profile photo that you may have uploaded.

We obtain the categories of personal information listed above from the following categories of sources:

• Information and data directly provided by you on the App through registration, login, and profile.
• Information and data indirectly from you through mobile devices, apps, websites, and other programs such as Facebook, Google.

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information
• Information excluded from the CCPA’s scope, like: health or medical information covered by HIPAA, clinical trial data, or other qualifying research data; and personal information covered by certain sector-specific privacy laws, including the FCRA, GLBA, or FIPA, and the Driver’s Privacy Protection Act of 1994.

To better understand how we collect your information, please review the general terms of the Privacy Policy above.

3.PERSONAL INFORMATION WE MAY USE OR DISCLOSE

We may use, disclose, or sell (if authorized) the personal information we collect for one or more of the following business purposes:

• To provide you with the App, to verify account information, or otherwise fulfil or meet the reason you provided the information.
• To provide you with support and to respond to your inquiries, including to investigate user reported issues and address your concerns by monitoring and improving our responses to errors.
• To provide, support, personalize, improve, analyze, and develop our App for user experience and operational stability.
• To personalize user experience and to deliver content and products and service offerings relevant to your interests, including targeted offers through our App, and via email or text message (with your consent, where required by law).
• To process your purchases, transactions, and payments and prevent transactional fraud.
• To notify you about changes to our services, where applicable.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To help maintain the safety, security, and integrity of our App, databases and other technology assets, and business.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA. To better understand how we use and disclose your information, please review the general terms of the Privacy Policy.

4.PERSONAL INFORMATION THAT WE MAY SHARE

We may share your personal information by disclosing it to third parties for business purposes. We only make these business purpose disclosures under written contracts that describe the specific business purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the obligations under the contract.

As stated in the general terms of the Privacy Policy, we do not sell (as the term “sell” is defined under the CCPA) your personal information unless we provide you with the ability to opt-out of such sales.

In the preceding twelve (12) months, FitPulse has shared the following categories of personal information to the following categories of third parties:

5.YOUR RIGHTS AND CHOICES

Right to Know and Data Portability

The CCPA provides California residents specific rights to know about our collection and use of their personal information (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

The CCPA provides California residents specific rights to delete their personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• 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 information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

How to Exercise the Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by emailing us atfeedback@fitpulse.ai.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• 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: User name, e-mail.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete. However, we may consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format regarding Requests to Know or Delete

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out Rights

Under the CCPA, consumers have the right to direct us to not sell their personal information at any time (the "right to opt-out"). As stated in the general terms of our Privacy Policy, we do not sell the personal information of consumers or use your personal information for behavioral advertising.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently do not offer any financial incentives.

Other California Privacy Rights

• Shine the Light Law Disclosure.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email tofeedback@fitpulse.ai.

• “Do Not Track” Disclosure.

We do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal identifiable information about an individual consumer's online activities over time and across third-party websites or online services. However, if you are a resident of certain states that require compliance, we treat opt-out preference signals as a means of opting out of the sale or sharing of personal information, or of opting out of the processing of personal information for targeted advertising, as applicable, to the extent such signals are present and readable

When you use our App, certain third parties may use automatic information collection technologies to collect information about you or your device. 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 websites, apps, and other online services websites. 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.

• Eraser Law Disclosure.

If you are a user under the age of 18, you can send a request to remove any content or information you posted on our platforms for the products or services via email to feedback@fitpulse.ai Please notice that the removal does not ensure complete or comprehensive removal of your posted content or information.

Other U.S. States

The Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and similar laws in other U.S. states ("Applicable State Privacy Laws") provide consumers in those states (“Applicable States”) with specific rights regarding their Personal Information. This section describes your rights under Applicable State Privacy Laws and explains how you may exercise these rights. To be clear, these rights are granted only to the extent that you are a consumer who resides in an Applicable State, and we are acting as a controller with respect to your Personal Information. The rights in this section are not intended to grant you additional rights, but only your rights under the Applicable State Privacy Laws.

The categories of personal data we process, our purposes for processing your personal data, the categories of personal data that we share with third parties, and the categories of third parties with whom we share it are set forth in the terms of the Privacy Policy above.

In addition to the rights set forth in our Privacy Policy, the Applicable State Privacy Laws provide you with the following rights:

• Right to know. You have the right to know whether we process your personal data and to access such personal data.
• Right to data portability. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business without hindrance, where the processing is carried out by automated means. You may request such personal data up to twice annually, subject to certain exceptions.
• Right to delete. You have the right to delete personal data that you have provided by or that we have obtained about you. Please note that we may deny such request if the requested deletion falls under an exception as set forth in the Applicable State Privacy Laws. Additionally, if you request deletion of your personal data and we have obtained such information from a third-party source, we may retain such data by keeping a record of the deletion request and the minimum data necessary to ensure that your personal data remains deleted from our records and that such retained data is not used for any other purpose, or we may opt you out of the processing of such personal data for any purpose except for those allowed under the Applicable State Privacy Laws.
• Right to opt out. You have the right to opt out of the processing of your personal data for purposes of: (i) targeted advertising; (ii) the sale of personal data; or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. As of the latest date of the Privacy Policy:
  • We do not process personal data for the purposes of targeted advertising;
  • We do not sell your personal data in exchange for monetary or other valuable consideration; and
  • We do not engage in profiling decision based on your personal data that produce legal or similarly significant effects concerning you.
• Right to correct. You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes for which we process it.
• Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights. Unless permitted by the Applicable State Privacy Laws, we will not:
  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How to Exercise Your Rights; Verifying Your Identity

To exercise any of your privacy rights, or if you have any questions about your privacy rights, you may contact us by emailing us at feedback@fitpulse.ai

After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that your request is not fraudulent. We may contact you for additional information as reasonably necessary to authenticate your request, but if we are ultimately unable to authenticate your request using reasonably commercial efforts, then we may not be able to comply with it.

Only you may make a verifiable request related to your personal data. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal data, we may ask you to submit reliable proof of your identity.

Response Time; Your Right to Appeal

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, Applicable State Privacy Laws allow us up to 90 days to respond. We will contact you within 45 days from when you contacted us to inform you of the need for additional time and the reason for such extension. We may charge you a reasonable fee to cover administrative costs if your requests are manifestly unfounded, excessive, or repetitive.

If we decline to take action on a request that you have submitted, we will inform you of our reasons for doing so, and provide instructions for how to appeal the decision. You will have the right to appeal within a reasonable period of time after you have received our decision. Within 60 days (45 days for residents of Colorado) of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, we will provide you with a method for contacting your state attorney general’s office to submit a complaint.

6.CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on our website and the App, and update the notice’s effective date. Your continued use of our App following the posting of changes constitutes your acceptance of such changes.