PRIVACY POLICY

Last updated May 25, 2025

This Privacy Notice describes how and why I, Phan Việt Tân, operating under the brand name XhealthTech ("I," "me," or "my"), might access, collect, store, use, and/or share ("process") your personal information when you use my services ("Services"), including when you:

• Download and use my mobile application (myFitX), or any other application of mine that links to this Privacy Notice
• Use myFitX. myFitX is a health and fitness application powered by artificial intelligence. It provides personalized workout and meal plans based on each user's goals, preferences, and physical condition. Users can log their fitness progress, track meals, and receive AI-driven suggestions to improve their performance and health outcomes. The app also offers advanced features such as calorie estimation through food images or textual descriptions, allowing users to better understand their nutrition intake. myFitX integrates with wearable devices and third-party health platforms for a seamless, data-driven fitness experience.
• Engage with me in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. I am responsible for making decisions about how your personal information is processed. If you do not agree with my policies and practices, please do not use my Services. If you still have any questions or concerns, please contact me at [email protected].

SUMMARY OF KEY POINTS

TABLE OF CONTENTS

1. WHAT INFORMATION DO I COLLECT?
2. HOW DO I PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO I RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN AND WITH WHOM DO I SHARE YOUR PERSONAL INFORMATION?
5. WHAT IS MY STANCE ON THIRD-PARTY WEBSITES?
6. DO I USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
7. DO I OFFER ARTIFICIAL INTELLIGENCE-BASED PRODUCTS?
8. HOW DO I HANDLE YOUR SOCIAL LOGINS?
9. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
10. HOW LONG DO I KEEP YOUR INFORMATION?
11. HOW DO I KEEP YOUR INFORMATION SAFE?
12. WHAT ARE YOUR PRIVACY RIGHTS?
13. CONTROLS FOR DO-NOT-TRACK FEATURES
14. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
15. USE OF ARTIFICIAL INTELLIGENCE (AI)
16. DO I MAKE UPDATES TO THIS NOTICE?
17. HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?
18. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA I COLLECT FROM YOU?

1. WHAT INFORMATION DO I COLLECT?

Personal information you disclose to me

In Short: I collect personal information that you provide to me.

I collect personal information that you voluntarily provide to me when you register on the Services, express an interest in obtaining information about me or my products and Services, when you participate in activities on the Services, or otherwise when you contact me.

Personal Information Provided by You. The personal information that I collect depends on the context of your interactions with me and the Services, the choices you make, and the products and features you use. The personal information I collect may include the following:

• names
• email addresses
• usernames
• passwords
• contact or authentication data
• billing addresses

Sensitive Information

When necessary, with your consent or as otherwise permitted by applicable law, I process the following categories of sensitive information:

• health data
• financial data

Payment Data. I may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by Apple Pay and Google Play. You may find their privacy notice link(s) here: https://www.apple.com/legal/privacy/ and https://policies.google.com/privacy.

Payments made through the myFitX app are processed by trusted third-party payment platforms. I do not store your credit or debit card details. Instead, payment information is handled securely by vendors such as Apple and Google who have their own privacy policies and comply with industry-standard security practices.

Social Media Login Data. I may provide you with the option to register with me using your existing social media account details, like your Facebook, X, or other social media account. If you choose to register in this way, I will collect certain profile information about you from the social media provider, as described in the section called "HOW DO I HANDLE YOUR SOCIAL LOGINS?" below.

Application Data. If you use my application(s), I also may collect the following information if you choose to provide me with access or permission:

• Geolocation Information. I may request access or permission to track location-based information from your mobile device, either continuously or while you are using my mobile application(s), to provide certain location-based services. If you wish to change my access or permissions, you may do so in your device's settings.
• Mobile Device Access. I may request access or permission to certain features from your mobile device, including your mobile device's camera, storage, and other features. If you wish to change my access or permissions, you may do so in your device's settings.
• Mobile Device Data. I automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using my application(s), I may also collect information about the phone network associated with your mobile device, your mobile device's operating system or platform, the type of mobile device you use, your mobile device's unique device ID, and information about the features of my application(s) you accessed.
• Push Notifications. I may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of my application(s), for troubleshooting, and for my internal analytics and reporting purposes.

All personal information that you provide to me must be true, complete, and accurate, and you must notify me of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit my Services.

I automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use my Services, and other technical information. This information is primarily needed to maintain the security and operation of my Services, and for my internal analytics and reporting purposes.

Like many businesses, I also collect information through cookies and similar technologies.

The information I collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information my servers automatically collect when you access or use my Services and which I record in log files. Depending on how you interact with me, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
• Device Data. I collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data. I collect location data such as information about your device's location, which can be either precise or imprecise. How much information I collect depends on the type and settings of the device you use to access the Services. For example, I may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing me to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

Google API

My use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Information collected from other sources

In Short: I may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.

In order to enhance my ability to provide relevant marketing, offers, and services to you and update my records, I may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, and from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and event promotion.

If you interact with me on a social media platform using your social media account (e.g., Facebook or X), I receive personal information about you from such platforms such as your name, email address, and gender. You may have the right to withdraw your consent to processing your personal information. Learn more about withdrawing your consent. Any personal information that I collect from your social media account depends on your social media account's privacy settings. Please note that their own use of your information is not governed by this Privacy Notice.

2. HOW DO I PROCESS YOUR INFORMATION?

In Short: I process your information to provide, improve, and administer my Services, communicate with you, for security and fraud prevention, and to comply with law. I process the personal information for the following purposes listed below. I may also process your information for other purposes only with your prior explicit consent.

I process your personal information for a variety of reasons, depending on how you interact with my Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts. I may process your information so you can create and log in to your account, as well as keep your account in working order.
• To deliver and facilitate delivery of services to the user. I may process your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. I may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you. I may process your information to send you details about my products and services, changes to my terms and policies, and other similar information.
• To fulfill and manage your orders. I may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
• To request feedback. I may process your information when necessary to request feedback and to contact you about your use of my Services.
• To protect my Services. I may process your information as part of my efforts to keep my Services safe and secure, including fraud monitoring and prevention.
• To identify usage trends. I may process information about how you use my Services to better understand how they are being used so I can improve them.
• To save or protect an individual's vital interest. I may process your information when necessary to save or protect an individual's vital interest, such as to prevent harm.
• Deliver personalized workout and nutrition plans. Use health and preference data to generate AI-powered fitness and meal recommendations
• Manage user accounts and authentication. Use email, Firebase UID, or social login data to manage account access and security
• Track fitness progress. Collect and store workout logs, weight, body fat, and other metrics to monitor progress
• Process subscription payments. Manage premium access and subscription status via Apple/Google billing systems
• Respond to support inquiries. Use contact data to communicate with users about issues, questions, or feedback
• Send administrative updates. Notify users about account status, app updates, changes to terms, or other critical messages
• Improve services via analytics. Analyze aggregated usage data to enhance app functionality, performance, and user experience
• Estimate food calories from images or text. Use uploaded images or descriptions to calculate nutritional values using AI-based tools
• Store and retrieve user preferences. Retain data like dietary styles, favorite/disliked foods, allergies, and region-based settings
• Personalize workout and meal plan recommendations. Use fitness goals, preferences, and health data to create tailored plans
• Generate calorie estimates from food input. Analyze user-submitted food images or descriptions using AI
• Improve AI recommendation system. Use aggregated anonymized user data to enhance the accuracy of workout/meal suggestions
• Enhance user retention via adaptive content. Adjust content and reminders based on engagement patterns
• Detect abnormal app behavior. Monitor usage logs to detect suspicious activities or misuse of features

3. WHAT LEGAL BASES DO I RELY ON TO PROCESS YOUR INFORMATION?

In Short: I only process your personal information when I believe it is necessary and I have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill my contractual obligations, to protect your rights, or to fulfill my legitimate business interests.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require me to explain the valid legal bases I rely on in order to process your personal information:

• Consent. I may process your information if you have given me permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.
• Performance of a Contract. I may process your personal information when I believe it is necessary to fulfill my contractual obligations to you, including providing my Services or at your request prior to entering into a contract with you.
• Legitimate Interests. I may process your information when I believe it is reasonably necessary to achieve my legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, I may process your personal information for some of the purposes described in order to:
  • Analyze how my Services are used so I can improve them to engage and retain users
  • Diagnose problems and/or prevent fraudulent activities
  • Understand how my users use my products and services so I can improve user experience
  • In order to improve user satisfaction and increase app effectiveness through personalization
  • In order to help users better understand their nutrition and make informed dietary decisions
  • In order to continuously improve the quality and relevance of AI-based recommendations
  • In order to keep users engaged and improve long-term fitness outcomes
  • In order to protect the integrity of my services and ensure a safe environment for all users
• Legal Obligations. I may process your information where I believe it is necessary for compliance with my legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend my legal rights, or disclose your information as evidence in litigation in which I am involved.
• Vital Interests. I may process your information where I believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

If you are located in Canada, this section applies to you.

I may process your information if you have given me specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, I may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
• For investigations and fraud detection and prevention
• For business transactions provided certain conditions are met
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
• For identifying injured, ill, or deceased persons and communicating with next of kin
• If I have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
• If the collection is solely for journalistic, artistic, or literary purposes
• If the information is publicly available and is specified by the regulations
• I may disclose de-identified information for approved research or statistics projects, subject to ethics oversight and confidentiality commitments

4. WHEN AND WITH WHOM DO I SHARE YOUR PERSONAL INFORMATION?

In Short: I may share information in specific situations described in this section and/or with the following third parties.

Vendors, Consultants, and Other Third-Party Service Providers. I may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for me or on my behalf and require access to such information to do that work. I have contracts in place with my third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless I have instructed them to do it. They will also not share your personal information with any organization apart from me. They also commit to protect the data they hold on my behalf and to retain it for the period I instruct.

The third parties I may share personal information with are as follows:

• Advertising, Direct Marketing, and Lead Generation
  • AdMob and Google AdSense
• AI Service Providers
  • Google Cloud AI and OpenAI
• Allow Users to Connect to Their Third-Party Accounts
  • Facebook account, Google account, and Apple ID
• Cloud Computing Services
  • Google Cloud Platform
• Functionality and Infrastructure Optimization
  • Cloud Firestore
• Invoice and Billing
  • Apple Pay and Google Play Billing
• User Account Registration and Authentication
  • Facebook Login, Google Sign-In, Apple Sign-In, and Firebase Authentication
• Web and Mobile Analytics
  • Google Analytics and Google Analytics for Firebase
• Website Testing
  • Google Play Console and TestFlight

I also may need to share your personal information in the following situations:

• Business Transfers. I may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of my business to another company.

5. WHAT IS MY STANCE ON THIRD-PARTY WEBSITES?

In Short: I am not responsible for the safety of any information that you share with third parties that I may link to or who advertise on my Services, but are not affiliated with, my Services.

The Services may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with me and which may link to other websites, services, or applications. Accordingly, I do not make any guarantee regarding any such third parties, and I will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. The inclusion of a link towards a third-party website, service, or application does not imply an endorsement by me. I cannot guarantee the safety and privacy of data you provide to any third-party websites. Any data collected by third parties is not covered by this Privacy Notice. I am not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.

6. DO I USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: I may use cookies and other tracking technologies to collect and store your information.

I may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with my Services. Some online tracking technologies help me maintain the security of my Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

I also permit third parties and service providers to use online tracking technologies on my Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on my Services or on other websites.

To the extent these online tracking technologies are deemed to be a "sale"/"sharing" (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below under section "DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?"

Specific information about how I use such technologies and how you can refuse certain cookies is set out in my Cookie Notice.

Google Analytics

I may share your information with Google Analytics to track and analyze the use of the Services. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page.

7. DO I OFFER ARTIFICIAL INTELLIGENCE-BASED PRODUCTS?

In Short: I offer products, features, or tools powered by artificial intelligence, machine learning, or similar technologies.

As part of my Services, I offer products, features, or tools powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products"). These tools are designed to enhance your experience and provide you with innovative solutions. The terms in this Privacy Notice govern your use of the AI Products within my Services.

Use of AI Technologies

I provide the AI Products through third-party service providers ("AI Service Providers"), including Google Cloud AI and OpenAI. As outlined in this Privacy Notice, your input, output, and personal information will be shared with and processed by these AI Service Providers to enable your use of my AI Products for purposes outlined in "WHAT LEGAL BASES DO I RELY ON TO PROCESS YOUR PERSONAL INFORMATION?" You must not use the AI Products in any way that violates the terms or policies of any AI Service Provider.

My AI Products

My AI Products are designed for the following functions:

• AI applications
• Text analysis
• Image analysis

How I Process Your Data Using AI

All personal information processed using my AI Products is handled in line with this Privacy Notice and my agreement with third parties. This ensures high security and safeguards your personal information throughout the process, giving you peace of mind about your data's safety.

8. HOW DO I HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to my Services using a social media account, I may have access to certain information about you.

My Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or X logins). Where you choose to do this, I will receive certain profile information about you from your social media provider. The profile information I receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform.

I will use the information I receive only for the purposes that are described in this Privacy Notice or that are otherwise made clear to you on the relevant Services. Please note that I do not control, and am not responsible for, other uses of your personal information by your third-party social media provider. I recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.

9. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: I may transfer, store, and process your information in countries other than your own.

My servers are located in the United States. If you are accessing my Services from outside the United States, please be aware that your information may be transferred to, stored by, and processed by me in my facilities and in the facilities of the third parties with whom I may share your personal information (see "WHEN AND WITH WHOM DO I SHARE YOUR PERSONAL INFORMATION?" above), in the United States, Vietnam, and other countries.

If you are a resident in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, I will take all necessary measures to protect your personal information in accordance with this Privacy Notice and applicable law.

European Commission's Standard Contractual Clauses:

I have implemented measures to protect your personal information, including by using the European Commission's Standard Contractual Clauses for transfers of personal information between me and my third-party providers. These clauses require all recipients to protect all personal information that they process originating from the EEA or UK in accordance with European data protection laws and regulations. My Standard Contractual Clauses can be provided upon request. I have implemented similar appropriate safeguards with my third-party service providers and partners and further details can be provided upon request.

10. HOW LONG DO I KEEP YOUR INFORMATION?

In Short: I keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.

I will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require me keeping your personal information for longer than the period of time in which users have an account with me.

When I have no ongoing legitimate business need to process your personal information, I will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then I will securely store your personal information and isolate it from any further processing until deletion is possible.

11. HOW DO I KEEP YOUR INFORMATION SAFE?

In Short: I aim to protect your personal information through a system of organizational and technical security measures.

I have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information I process. However, despite my safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so I cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat my security and improperly collect, access, steal, or modify your information. Although I will do my best to protect your personal information, transmission of personal information to and from my Services is at your own risk. You should only access the Services within a secure environment.

12. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. If a decision that produces legal or similarly significant effects is made solely by automated means, I will inform you, explain the main factors, and offer a simple way to request human review. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting me by using the contact details provided in the section "HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?" below.

I will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe I am unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent:

If I am relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting me by using the contact details provided in the section "HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?" below or updating your preferences.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications:

You can unsubscribe from my marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that I send, or by contacting me using the details provided in the section "HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, I may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log in to your account settings and update your user account.
• Contact me using the contact information provided.

Upon your request to terminate your account, I will deactivate or delete your account and information from my active databases. However, I may retain some information in my files to prevent fraud, troubleshoot problems, assist with any investigations, enforce my legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of my Services. You may also opt out of interest-based advertising by advertisers on my Services.

If you have questions or comments about your privacy rights, you may email me at [email protected].

13. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, I do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that I must follow in the future, I will inform you about that practice in a revised version of this Privacy Notice.

California law requires me to let you know how I respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, I do not respond to them at this time.

14. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information I maintain about you and how I have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to my processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

Categories of Personal Information I Collect

The table below shows the categories of personal information I have collected in the past twelve (12) months. The table includes illustrative examples of each category and does not reflect the personal information I collect from you. For a comprehensive inventory of all personal information I process, please refer to the section "WHAT INFORMATION DO I COLLECT?"

I only collect sensitive personal information, as defined by applicable privacy laws or the purposes allowed by law or with your consent. Sensitive personal information may be used, or disclosed to a service provider or contractor, for additional, specified purposes. You may have the right to limit the use or disclosure of your sensitive personal information. I do not collect or process sensitive personal information for the purpose of inferring characteristics about you.

I may also collect other personal information outside of these categories through instances where you interact with me in person, online, or by phone or mail in the context of:

• Receiving help through my customer support channels;
• Participation in customer surveys or contests; and
• Facilitation in the delivery of my Services and to respond to your inquiries.

I will use and retain the collected personal information as needed to provide the Services or for:

• Category A - As long as the user has an account with me
• Category B - As long as the user has an account with me
• Category C - As long as the user has an account with me
• Category D - As long as the user has an account with me
• Category F - As long as the user has an account with me
• Category G - As long as the user has an account with me
• Category K - As long as the user has an account with me
• Category L - As long as the user has an account with me

Sources of Personal Information

Learn more about the sources of personal information I collect in "WHAT INFORMATION DO I COLLECT?"

How I Use and Share Personal Information

Learn more about how I use your personal information in the section, "HOW DO I PROCESS YOUR INFORMATION?"

Will your information be shared with anyone else?

I may disclose your personal information with my service providers pursuant to a written contract between me and each service provider. Learn more about how I disclose personal information to in the section, "WHEN AND WITH WHOM DO I SHARE YOUR PERSONAL INFORMATION?"

I may use your personal information for my own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

I have not sold or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. I have disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

• Category A. Identifiers
• Category B. Personal information as defined in the California Customer Records law
• Category C. Characteristics of protected classifications under state or federal law
• Category D. Commercial information
• Category F. Internet or other electronic network activity information
• Category G. Geolocation data
• Category K. Inferences drawn from collected personal information
• Category L. Sensitive personal information

The categories of third parties to whom I disclosed personal information for a business or commercial purpose can be found under "WHEN AND WITH WHOM DO I SHARE YOUR PERSONAL INFORMATION?"

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, I may decline your request as permitted by law. These rights include:

• Right to know whether or not I am processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with me
• Right to non-discrimination for exercising your rights
• Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California's privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

Depending upon the state where you live, you may also have the following rights:

• Right to access the categories of personal data being processed (as permitted by applicable law, including the privacy law in Minnesota)
• Right to obtain a list of the categories of third parties to which I have disclosed personal data (as permitted by applicable law, including the privacy law in California, Delaware, and Maryland)
• Right to obtain a list of specific third parties to which I have disclosed personal data (as permitted by applicable law, including the privacy law in Minnesota and Oregon)
• Right to review, understand, question, and correct how personal data has been profiled (as permitted by applicable law, including the privacy law in Minnesota)
• Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including the privacy law in California)
• Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including the privacy law in Florida)

How to Exercise Your Rights

To exercise these rights, you can contact me by emailing me at [email protected], or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. I may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

Request Verification

Upon receiving your request, I will need to verify your identity to determine you are the same person about whom I have the information in my system. I will only use personal information provided in your request to verify your identity or authority to make the request. However, if I cannot verify your identity from the information already maintained by me, I may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

If you submit the request through an authorized agent, I may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.

Appeals

Under certain US state data protection laws, if I decline to take action regarding your request, you may appeal my decision by emailing me at [email protected]. I 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 your appeal is denied, you may submit a complaint to your state attorney general.

California "Shine The Light" Law

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits my users who are California residents to request and obtain from me, once a year and free of charge, information about categories of personal information (if any) I disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which I shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to me by using the contact details provided in the section "HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?"

15. USE OF ARTIFICIAL INTELLIGENCE (AI)

I use artificial intelligence (AI) technologies to enhance your experience within the app. AI is used to generate personalized workout and nutrition recommendations based on the data you provide, such as your fitness goals, dietary preferences, and health metrics. Additionally, my app uses AI-powered tools to analyze food images and text descriptions in order to estimate calorie and macronutrient content. These features are designed to support your wellness journey and should not be considered medical advice. I do not use AI to make automated decisions that result in legal or similarly significant effects.

16. DO I MAKE UPDATES TO THIS NOTICE?

In Short: Yes, I will update this notice as necessary to stay compliant with relevant laws.

I may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If I make material changes to this Privacy Notice, I may notify you either by prominently posting a notice of such changes or by directly sending you a notification. I encourage you to review this Privacy Notice frequently to be informed of how I am protecting your information.

17. HOW CAN YOU CONTACT ME ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email me at [email protected] or contact me by post at:

18. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA I COLLECT FROM YOU?

Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information I collect from you, details about how I have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to my processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please contact me at [email protected].