Privacy Policy

TRULY FIT, LLC

DATA AND PRIVACY POLICY

Truly Fit, LLC (“Truly Fit”) is committed to maintaining robust data and privacy protection for its customers and clients. Truly Fit’s Data & Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us or that we collect as part of the services we provide. 

By entering into any contract or agreement with Truly Fit and/or by using Truly Fit’s services or website, you accept the terms and conditions contained in this Privacy Policy and consent to the collection, storage, use and disclosure of your personal, non-personal and/or business information, whether such information has been provided by you or collected by Truly Fit. 

Truly Fit’s Services are provided through its affiliated website (www.trulyfitllc.com), its YouTube Channel Truly Fit LLC (Truly Fit LLC - YouTube), and the Trainerize Application (TrulyFit LLC - Login (trainerize.com)), and related mobile applications and all related subdomains (collectively hereinafter referred to as “Sites and Services”).

1.         Information Collected.

            1.1       Non-Personal Information. Truly Fit collects both “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you. 

            1.2       Personal Information. Truly Fit collects “Personal Information” which is information provided by you directly to Truly Fit or obtained by Truly Fit through your use of the application Trainerize or any related applications and domains. Personal Information includes, but is not limited to, the following categories:

(a) General Personal Information. “General Personal Information” includes, but is not limited to, names, email addresses, telephone numbers, telephonic recordings, chat communications, SMS messages and other information that could be used to personally identify you or a third-party. 

(b) Account and Identity Information. “Account and Identity Information” includes, but is not limited to, photos, date of birth, weight, geo-location information, activity information, equipment usage, challenge information, information regarding your account and subscriptions, such as account type, expiration date, coach information, and sponsor information, payment information such as billing contact information, payment methods, transaction history, and payment amounts.

(c) Fitness Information. Truly Fit collects “Fitness Information” to improve your experience or enable certain features of its services. Fitness Information includes, but is not limited to, your training plans and programs, goals, workouts, events, recovery, training progress and performance, heart rate, and other training metrics, videos of yourself provided by you relating to your workouts and goal performances, and information provided by you when inquiring about products and/or services.

(d) Medical Information. Truly Fit will not collect Medical and/or Health Information of its customers and/or clients, unless the customer and/or client permits Truly Fit to do as such. Permission must be obtained through voluntarily submitting the Disclaimers and Medical Waiver or signing an Authorization for Release of Health Information Pursuant to HIPAA form provided by Truly Fit upon registration subject to the laws of Ohio. Medical and/or Health Information (hereinafter “Medical Information) may include, but is not limited to, the name and contact information of your primary care physician and/or physical therapist, medical history including past illnesses, injuries, surgeries, or chronic conditions, current health status and information regarding existing medical conditions, medication use including prescribed medications taken, dosage, and frequency, physical limitations or restrictions due to injury, disability, or other health issues, any known allergies, and emergency contact information. 

1.3       Use of Information. The information collected, whether Non-Personal or Personal, is used for the following purposes: (i) to provide and personalize our services to meet your fitness needs and goals; (ii) to communicate with you, respond to your inquiries, and provide customer support; (iii) to improve our services, develop new features, and analyze trends in user behavior; (iv) to protect the security and integrity of our services and prevent fraud or other illegal activities; (v) to comply with legal obligations and enforce our policies. 

You hereby consent to Truly Fit’s collection of any Personal Information provided by you directly to Truly Fit or obtained by Truly Fit through your use of the application Trainerize or any related applications or domains.  

2.         Consumer Data.          

            2.1       Storage of Data. All customers and/or clients of Truly Fit understand and agree that Truly Fit, its employees and affiliates shall have access to and the ability to store the following: (i) all phone calls; (ii) recordings of phone calls; (iii) online chats; (iv) digital recordings of audio; (v) Truly Fit SMS; (vi) Truly Fit ads; (vii) form completions generated via Truly Fit’s website; (viii) any other Truly Fit marketing activities; (ix) any data provided to Truly Fit by customers and clients; and (x) any data collected by Truly Fit about customers or clients (collectively, “Customer Data”). All customers and clients understand, acknowledge, agree, and consent to Truly Fit’s collection, storage, use and disclosure of Customer Data and/or similar data.

            2.2       Disclosure of Data. 

(a) Third Parties Truly Fit shares some Customer Data with third parties who are performing services for or on behalf of Truly Fit for the benefit of our customers and/or clients. The Customer Data provided to third parties is only used at the direction of Truly Fit and in accordance with Truly Fit’s Privacy Policy, an agreement between Truly Fit and the third party, and/or the third-party’s data protection or privacy policy. 

(b) Outside Parties. Truly Fit may also share Customer Data, including Personal Information, with outside parties if Truly Fit has a good-faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to comply with a Court Order or meet any applicable legal process or enforceable governmental request necessary for the investigation of potential violations, fraud, security or technical concerns, to protect against harm to the rights, property, or safety of the public as required or permitted by law, and to enforce the terms of this Privacy Policy or any contract or agreement between Truly Fit and its vendors, partners, clients, or customers. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and Truly Fit reserves the right to use and disclose such Non-Personal Information as it, in its sole discretion, desires.

(c) Upon Merger, Acquisition, or Sale. In the event of a business transaction including, but not limited to, any merger, acquisition, or sale of assets, Customer Data may be one of the assets transferred by Truly Fit. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and you consent to such a transfer. 

You also acknowledge and consent to the continued use of your Customer Data, as permitted in this Privacy Policy, as amended, by the party acquiring your Customer Data through such a transaction.

3.         Security. Truly Fit takes reasonable steps to protect the Customer Data it collects and stores. Such security measures may, but do not necessarily, include: (i) the use of password protected accounts; (ii) encryption; (iii) firewalls; and (iv) other technological security measures. However, these measures do not guarantee that your Customer Data will not be accessed, disclosed, altered or destroyed by a breach of any or all of the protections that Truly Fit has put in place to protect such data. Nevertheless, all customers acknowledge and agree to assume these risks. 

4.         Data Collection Technologies. 

            4.1       As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns including: (i) details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and (ii) information about your computer and internet connection, including your IP address, operating system, and browser type. 

            4.2       The information we collect helps us to improve our Website and to deliver a better and more personalized service, by enabling us to: (i) estimate our audience size and usage patterns; (ii) store information about your preferences, allowing us to customize our Website according to your individual interests; (iii) speed up your searches; (iv) Recognize you when you return to our Website. 

            4.3       Technologies Used. The technologies we use for this automatic data collection may include: 

                        (a)        Cookies (or browser cookies). A cookie is a small file placed on a 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 our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 

                        (b)       Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. 

                        (c)        Web Beacons. Pages of our Website 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 the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

5.         Children’s Privacy Policy. 

            5.1       Children’s Online Privacy Protection Action of 1998. As it relates to the Children’s Online Privacy Protection Act of 1998, Truly Fit does not intend to provide services directed to children under the age of 18 or collect, use or disclose the Personal Information of children under the age of 18. Children under the age of 18 are not permitted to access and/or use Truly Fit’s services without parental consent.

            5.2       Collection of Children’s Information. Truly Fit does collect certain personal information about children under the age of 18. However, such information is collected only for the purpose of providing Truly Fit’s users the opportunity to participate in personal training services through the Sites and Services, and only in accordance with applicable law. 

            5.3       Parental Consent. Truly Fit shall require any customer and/or client under the age of 18 (“Minor”) to provide a signed waiver of the parent or legal guardian. 

(a) If a Minor wishes to register for an account affiliated with Truly Fit’s Sites and Services, Truly Fit will collect limited Personal Information from said Minor if they attempt to create an account and identify that they are under 18 years old. In that event, the account will be temporary and limited in that it shall only request contact information for a parent or legal guardian so that Truly Fit can obtain Parental Consent. If Parental Consent is not obtained within seventy-two (72) hours of creation of an account of a Minor, Truly Fit will automatically delete the Minor’s account and their Personal Data. Access to the account will not be granted until Parental Consent is obtained by Truly Fit. 

(b) The parent or legal guardian of a Minor may request (i) the Personal Information Truly Fit collected with respect to the Minor, (ii) that Truly Fit correct or amend Personal Information of the Minor, (iii) that Truly Fit delete entirely all Personal Data of the Minor, and/or (iv) that Truly Fit cease further collection or use of any Personal Information of the Minor. 

5.4       Policies of Sites and Services. Please note that Trainerize and other Sites and Services used by Truly Fit have their own Children’s Privacy Policy. Trainerize has granted Truly Fit permission to allow clients and customers under the age of 18 to access to the app, so long as consent it obtained by a parent/legal guardian. Truly Fit is not responsible for the privacy practices of Trainerize or other third-party apps or websites used by Truly Fit. 

5.5       California Residents. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information. 

6.         Trainerize Privacy Policy. 

            6.1       Please note that the Trainerize App utilized by our services has its own privacy policy governing the collection, use, and disclosure of your information. Truly Fit encourages you to review the Trainerize Privacy Policy to understand how your data is handled when using the app. Our Data and Privacy Policy applies only to the information collected through our services and provided by you through the app. We are not responsible for the privacy practices of third-party apps or websites. 

            6.2       Truly Fit does not control the privacy policies of third-party apps, and they may change independently of our services. It is your responsibility to regularly review the privacy policy of the app provider for any updates or changes. We will not be liable for any consequences arising from your use of the app and its associated privacy practices. 

            6.3       If you have any questions or concerns about the privacy practices of Trainerize or any related Sites and Services, or need assistance with understanding their privacy policy, please contact Trainerize app provider directly. 

Truly Fit reserves the right to change its Privacy Policy at any time. We will notify you of any material changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our website. Material changes will go into effect thirty (30) days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check for any updates or changes to Truly Fit’s Privacy Policy on its website at www.trulyfitllc.com.