Date last updated: August 28, 2024

PRIVACY POLICY

1. Overview

Entrainement MBF S.E.N.C. (the “Company“, “we“, “our“, or “us“) is the sole proprietor and absolute owner of the application “MyBodyFIIT” (the “Platform / App”), which enables personal trainers, wellness coaches, and nutritionists to provide training and coaching to their clients using the Platform. The Company reserves the right to develop, make improvements, and update the Platform at its sole discretion. The App is developed and maintained by FitBudd Inc., including any of its subsidiaries (“FitBudd”).

The Company attaches high importance to the privacy and protection of our Users’ personal data and other information. Our practices and procedures in relation to the collection and use of personal data are outlined below for your reference. We have implemented reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business. While we strive to provide security that meets or exceeds industry standards, due to the inherent vulnerabilities of the internet, we cannot guarantee complete security of all information transmitted to us by you. This Privacy Policy should be read in conjunction with the Terms of Use before using our Platform or any of its Services. This Privacy Policy is subject to change at any time without notice. To ensure you are aware of any changes, please review this policy periodically. By using this Platform, you agree to be bound by the terms and conditions of this Privacy Policy. We may use various third-party services to provide our Services, which may have access to your information as necessary. Such third parties shall adhere to commensurate and reasonable security practices and procedures.

This Privacy Policy applies to all Users, including clients of trainers, wellness coaches, and nutritionists registered on the Platform.

2. Information Collection

In the event that you choose to register as a user of the Platform, you will be asked to create a unique username and private password (collectively, the “Access ID”) which will be used to create and activate an account through which Entrainement MBF S.E.N.C. (the “Company”) can make the Platform available to you (the “Account”). You expressly acknowledge and agree that certain information such as your name, age, gender, physical health condition, email address, and certain additional information (“Personal Information”) may be required by the User to make the Services available to you, or may be disclosed by you on or through the Services. In order to access our Services, you may be requested to upload photos on the Platform to assess your fitness progress. FitBudd will store all Personal Information in accordance with applicable law, and the Company will make its best efforts to protect against unauthorized disclosure of the photos uploaded on the Platform. However, the Company shall not be liable for any unauthorized disclosure to third parties (other than FitBudd) by trainers, wellness coaches, or nutritionists registered as service providers on our Platform.

Additionally, trainers, wellness coaches, and nutritionists may upload certain videos and images to provide better services to Users. However, the Company shall not be liable for the source, nature, or content of such videos and images. The Company shall not be held responsible for any copyright infringement or plagiarism claims made by third parties.

We collect Users’ financial account numbers (including bank account numbers, payment card numbers, payment instrument details, or other information that would permit access to a User’s financial account) (“Financial Information”) through our Platform, along with other personally identifying information, solely for the purposes outlined in the Terms of Use. However, some Services may require the collection of additional personally identifying information such as your name, address, contact number, etc. You may contact us at info@mybodyfiit.com to amend or rectify any Personal Information or Financial Information. You may also notify us if you do not wish for us to retain or use your Personal Information or Financial Information. However, in such cases, we may not be able to provide you with certain Services or access to our Platform. We may use your contact information, such as your email address, without further notice, to send you information about our Services, respond to your requests, or facilitate your use of the Services.

We collect information about the pages you access, details about your device (such as device or browser type), information you send us (such as an email address used to register or communicate with us), and referral information. Like many other websites and mobile applications, we receive information from you to better deliver and improve our Services.

Any information provided by you that helps us identify your location (like postal code, street address, city, or state) will be used by us to provide localized features, relevant advertising or marketing, and to improve the Services provided to you.

Any account created with us by a User makes that User responsible for providing information, including but not limited to their name, phone number, email address, and/or financial information like credit card details. Any information provided by you may be verified by us through our representative.

3. Purpose of Information Collection

We will collect, record, store, handle, and use your Personal Information and Financial Information solely to enable you to access our Platform, unless you opt out of non-essential communication. We use your personal information to keep you informed about the progress of your clients, update diet charts, track client fitness progress, promote a safe service, gauge consumer interest in our Services, troubleshoot problems, customize the User experience, detect and protect against error, fraud, and criminal activity, enforce our terms and conditions, and as otherwise described at the time of collecting your Personal Information and Financial Information. Photos uploaded on the Platform are used solely to assess and track the User’s fitness progress.

4. Privacy, Security Policy and Related Aspects

We do not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent, and we only use your information as described in the Terms of Use. Your personal information is protected by reasonable technological security measures. We may, however, disclose and/or transfer your information to our affiliates, agents, service providers, etc., for business purposes and to enhance your experience. Notwithstanding anything to the contrary in the Terms of Use and to the extent permitted by applicable law, the Company will not be responsible in any manner if your information is exposed or misused by any third party who accessed it without authorization from the Company. We use standard data encryption using secure socket layer technology (“SSL”) to protect any transmission of sensitive information.

The Platform is protected by copyright as a collective work and/or compilation (meaning the collection, arrangement, and assembly) of all the content on this Platform, pursuant to applicable law.

The Company’s logos, product and service marks, trademarks, patents, copyrights, and other intellectual property (whether registered or not) (“IP”) are exclusively owned by the Company. Without the prior written permission of the Company, you agree not to display or use the IP in any manner whatsoever. Nothing in this Platform or its content should be construed as granting any license, right, or interest in the IP without the express written permission of the Company.

References on this Platform to any names, marks, products, or services of third parties or hypertext links to third-party websites or information are provided solely for your convenience and do not imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.

5. Acceptable Use

You are prohibited from violating or attempting to violate the security of the Platform, including, but not limited to: 

(i) attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; 

(ii) attempting to interfere with the Service provided to any other User, host, or network, including through means like virus deployment, overloading, flooding, spamming, mail bombing, or crashing; or 

(iii) sending unsolicited emails, including for promotions or advertising products or services.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences involving such violations and may cooperate with law enforcement authorities in prosecuting Users involved in such activities. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of this Platform or any activities being conducted on it.

6. Email

To provide you with timely notices regarding our Services or other information, we may send you emails or newsletters. You may discontinue this Service at any time by using the link provided in the emails or by sending a request to info@mybodyfiit.com to have your email address removed from our lists.

7. Exceptions

While we will not voluntarily disclose your personal data except as set forth in the Terms of Use, we may disclose such information if required by a court order, applicable law, or a request from government or law enforcement authorities, or as necessary to protect the rights or property of the Company.

Neither the Company nor FitBudd is liable for any physical injury resulting from the use of Services through this App. We and FitBudd are not liable for any claims, damages, or liabilities arising from any injury (physical or otherwise) while using our Services through this App.

8. Contact

If you have any queries or grievances regarding the use or protection of your personal data, or other concerns related to the Platform, please contact us at info@mybodyfiit.com.

9. Health Insurance Portability and Accountability Act (“HIPAA”)

Please note that neither the Company nor the Services are regulated by the United States federal privacy, security, or breach notification rules of the Health Insurance Portability and Accountability Act (“HIPAA”). Consequently, when using the Services, you will not receive the protections of HIPAA regarding your Personal Information.

10. Miscellaneous

This Privacy Policy, along with the Disclaimer provided separately, forms an integral part of the Terms of Use for the Platform and should be read in conjunction with them.

Your Personal Information and Financial Information may be stored and processed in any country where we have facilities or engage third-party service providers. By using the Services, you consent to the transfer of information to countries outside your country of residence, which may have different data protection laws than your country. While your information is stored outside of India, it is subject to the laws of the country where it is held and may be subject to disclosure to government authorities, courts, or law enforcement agencies of that country. However, our practices regarding your Personal Information will continue to be governed by this Privacy Policy, and if applicable, we will comply with the General Data Protection Regulation (“GDPR”) and California Consumer Privacy Act (“CCPA”) to ensure adequate protection when transferring Personal Information from the EU/EEA to third countries.

Capitalized terms used herein but not defined shall have the meanings assigned to them in the Terms of Use.