Introduction

• We are Everfit Technologies, Inc (“Everfit”, “we”, “us”, or “our”) and we provide a software platform that enables health and fitness businesses to manage operations and provide health and fitness coaching, whether in person or online.
• Everfit’s services include workout and nutrition planning, content scheduling and sharing, messaging (in-app, email, SMS, push), logging personal health records, payment services, and providing tools to help businesses collaborate, get analytics, and grow their business. 
• We predominantly act as a processor on behalf of Trainers (as defined below) who should have their own privacy notices in respect of their Clients (as defined below). 
• This Privacy Policy shall only apply in the limited circumstances where we are a controller (as described below).

We provide our services to:

1. personal trainers, sport coaches, and/or health professionals that use Everfit to connect with their clients (Trainers); and
2. Trainers’ clients that use Everfit to connect with their Trainers (Clients).

The Privacy Policy applies to both Trainers and Clients, but it is important to distinguish the two as Everfit’s personal information obligations differ, depending on whether you are a Trainer or a Client.

We have tried to make it clear when this Privacy Policy applies to you but if you have any questions at all please contact us here: legal@everfit.io

When is this Privacy Policy applicable to me?

We use personal data to provide, develop and promote Everfit. Everfit respects your privacy, and we are committed to protecting it as explained throughout this Privacy Policy.

Where applicable (see above), this Privacy Policy describes (a) the types of information we collect from you or that you may provide when you visit the website at www.everfit.io (the “Website”) and/or use our mobile application (the “App”), (b) our practices for collecting, using, maintaining, protecting, and disclosing that information; and (c) your data protection rights and our contact details. We refer to the App and the Website together as the “Platform,” and the services available through the Platform as the “Service”. Please familiarize yourself with our privacy practices and contact us as described below in Section XIII if you have any questions.

This Privacy Policy applies to information we collect:

• Through the Service.
• By e-mail, text, and other communications between you and us and/or the Service.
• Through mobile and desktop applications.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information:

• Collected by us offline or through any other means, including on any other website or application operated by us or any third party (including but not limited to our affiliates and subsidiaries);
• Collected by any third party (including but not limited to our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Platform; or
• Information concerning Trainers that we process on behalf of Trainers, in the course of Trainers providing Services.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will handle your information. If you do not agree with our policies and practices, you agree not to use our Platform.

Changes to Our Privacy Policy

This Privacy Policy may change from time to time. Your continued use of the Platform after we make changes to this Privacy Policy constitutes acceptance of those changes, so please check this Privacy Policy periodically for updates.

If we make material changes to how we process your personal information or how you may exercise your rights, we will notify you through a notice in the Service. The date this Privacy Policy was last updated is identified at the top of the first page of this Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting this Privacy Policy to check for any changes.

Index

I. Information We Collect

II. How We Use Your Information

III. How We Collect Your Information And How Long We Keep It

IV. How We Share Your Information

V. Children’s Privacy

VI. How We Protect Your Information

VII. How You May Change, Remove, Or Export Your Information

VIII. Links To Third-Party Websites And Services

IX. Updates To This Privacy Policy

X. Non-US Users

XI. Rights Of Users From The EEA

A. Data Controller

B. Rights Of EEA Residents

XII. Your California Privacy Rights

XIII. Everfit Data Usage and Privacy Disclosure for Google API Services

XIV. Contacting Everfit

I. Information We Collect and How We Collect It

The Platform offers Trainers various tools to provide health and exercise information and guidance to their Clients and facilitates communications between and among Trainers and Clients.  The information we may collect from and about you through the Platform depends on whether you are a Trainer, a Client, or a general visitor of our Platform.

Personal Information We Collect from Any Users of Our Platform  

The information we collect on or through the Platform from Trainers, Clients and other users of our Platform may include:

• Records of your correspondence (including e-mail addresses), if you contact us.
• Details of transactions you carry out through the Platform.
• Your search queries in the Platform.
• Information that you provide by filling in forms on the Platform, for example to subscribe to our newsletter, respond to surveys or enter a contest or promotion, or to report an issue.
• Personal information about you that we receive from others, such as other users or our payment processors.

You also may provide information to be published or displayed on the Platform, or transmitted to other users of the Platform or third parties (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform 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 or accessed by unauthorized persons.

Information We Collect Directly from Trainers 

We collect personal information relating to Trainers for the purpose of billing subscription fees and any payment service fees when they use the Services.

In respect of any Trainers that access the Platform through their employing gym or studio we are generally acting only as a processor and the gym or studio owner will be the controller that is ultimately responsible for how their staff’s personal information is used.

However, for the purposes of our legal rights we may be required to process the following types of Trainer personal information as controller:

• Basic personal and contact details (including your name, date of birth, gender and e-mail address.
• Information regarding your business, such as the size and type of your business.
• Payment information, collected and processed by our payment provider.

Information We Collect Directly from Clients

Everfit collects personal information relating to Trainer’s customers or clients (Clients) to allow them to access the Services.

With the exception of any personal information we lawfully collect for our marketing purposes, where we collect and process personal information relating to Clients, we are generally acting only as a processor and the Trainer is the controller that is ultimately responsible for how their Client’s personal information is used.

However, for the purposes of our regulatory obligations and legal rights we may be required to process the following types of Client personal information as controller:

• Basic personal and contact details (including your name, date of birth, gender and e-mail address).
• Username and  password.
• Sign-on information provided to third parties (where a Client accesses the Services through a third-party interface, such as a social media platform)
• Membership and/or account details
• Payment information, collected and processed by our payment provider.

Automatic Data-Collection Technologies

In addition to the specific information above, in respect of any users of our Platform, we may use automatic data collection technologies to collect certain information about your location, device, browsing actions, and patterns, including:

• Details of your visits to and actions on the Platform, including traffic data, location data, logs and other communication data, the resources that you access, and your use of the Platform.
• Information about your computer or device and internet connection, including as applicable, your IP address, operating system, browser type, mobile network information, location, time zone and/or telephone number.
• Metadata and other information associated with files stored on your device.

Technologies we use for automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Service.
• Flash Cookies. Certain features of the Service may use local stored objects (Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Service. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. The Platform and our e-mails may use small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Service are served by third parties, including advertisers, ad networks and servers, content providers, 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 Service. 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 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.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Contact us at legal@everfit.io for information on how you can opt out of behavioral tracking on the Platform and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect includes personal information, and we maintain it or associate it with personal information we collect in other ways or receive from third parties. This helps us to improve the Service and deliver a better and more personalized service.

II. How We Use Your Information

Clients

We largely use information that we collect about Clients or that Clients provide to us, including any personal information as a processor to provide Everfit to Trainers and gym owners. Consequently, Clients should check the privacy notice of the Trainer or gym from which they registered to receive services.

As detailed above, there are some occasions where we act as controller of Client personal information and this Privacy Policy shall apply. We have provided more detail around the lawful bases for which we process such information within the table below.

Trainers 

In accordance with applicable data protection law, we will only process your data where we have a lawful basis for doing so or for our business and commercial purposes. In respect of your personal data, these bases are: (i) where it is necessary to provide services to you under the performance of a contract we have with you; (ii) where we are required to do so in accordance with our legal or regulatory obligations; (iii) where you have given your consent; and (iv) where it is in our legitimate interest to process your personal data, provided that none of these prejudice your own rights, freedoms and interests.

The following are a list of the “Purposes” for which we (including any of our agents, processors, and/or employees