Privacy Policy

 

Effective as of: 12.18.2020.

 

Jovan Milovanovic, doing business as EleWell (“Trainer” “we,” “our,” or “us”), operates a mobile application under the name EleWell(„App“) developed in cooperation with and licensed to us by our partner LEAN ON DIGITAL, INC. (“App Developer”) that enables you to obtain Services including, without limitation, ordering of Services, communication and socialization within the App and customer support services. We take your privacy very seriously and we encourage you to read the content of this document occasionally so that you could be completely informed and could provide your consent for application of this Privacy Policy (“Privacy Policy”) and obtaining, using, and otherwise processing your personal information as presented herein only upon obtaining full knowledge of its content.

If you see any undefined term in this Privacy Policy, it has the definition specified in our User Terms of Service.

This Privacy Policy applies to all users using the App and all of App’s related features, functionality, and services, blog, posts, feed, online shop or one of our other products or services now or in the future that reference this Privacy Policy.

This Privacy Policy explains how we collect, use, and disclose your personal information when you create a User Account within the App and use the App and the Services we provide within the App.

Please note: This Privacy Policy applies to you in case you have downloaded the App and provided your consent to application of this Privacy Policy when you created your User Account. By creating your User Account and providing a consent to apply Privacy Policy, you agree that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our User Terms of Service. By accepting to apply this Privacy Policy, you have provided the consent as a data subject meaning that you have provided us with the legal ground to obtain and process the information as contemplated in this Privacy Policy. In addition, please note that this Privacy Policy is closely corelated with the User Terms of Service, an agreement between you and us, and accepting User Terms of Service, we are entitled to obtain and process your information under this Privacy Policy in order to enforce such agreement or any other agreement between us. By accepting this Privacy Policy and User Terms of Service, you have agreed that your personal information can be obtained and processed in accordance with this Privacy Policy when our legitimate interests or legitimate interests of the App Developer are pursued (as such legitimate interests are provided hereunder, including through providing examples). If you do not agree with this Privacy Policy and do not want to provide the consent for its application, please stop using the App. Even after providing your consent to application of this Privacy Policy, you are entitled to withdraw your consent for application of this Privacy Policy at any time, however in such case you will not be able to continue to use the App to its full extent. Please note that when term “we” is used below, such term (unless otherwise explicitly provided or the context implies so) also encompasses the App Developer as App Developer has developed and licensed the App to us, whereas the Trainer is providing the entire content within the App relating to the Services and bares the sole responsibility for the same in accordance with our Terms of Service.

  1. Personal Information We Collect

1.1. Data Provided Directly By You:

1.2. Personal Information Generated and/or Automatically Collected During Your Use of The App or The App:

We typically collect the foregoing information through a variety of technologies, including mobile SDKs and similar technology and we may use App Developer, third-party partners or services to assist with this effort. Information we collect automatically about you or your device may be combined with other personal information we collect directly. For information about our and our third-party partners’, please see our “Third-Party Tracking” further below.

We or the third-party partners we use, may use the data collected automatically through mentioned technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the App; (b) provide custom, personalized content and information; (c) provide and monitor the effectiveness of our Services; (e) perform analytics and detect usage patterns on our Services; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise plan for and enhance our Services and for other internal purposes.

1.3. Data From Other Sources:

  1. How We Use Your Information. As explained below, we use your information to fulfill and enforce our User Terms of Service, to improve and administer the App, and to allow you to use its functionalities. We may also use your information to, among other things, show you suggestions, promote the Services, and customize your experience. We will use your information to:

2.1 Provide Services To You. The Services are provided to you directly through the App developed by App Developer; accordingly, we and/or App developer use your personal information to create your User Account, enable you to use the App and the Services, as well as to provide you a support in using the App and the Services.

2.2 Maintain and Improve The App and Services. We may use your personal information to provide, maintain, improve and develop the App and Services. For example, we may use information about how users of our App search for and find specific workouts to better understand the best ways to organize and present the content that we offer. Specifically, we use your personal information in order to (i) provide the Services to you, including, without limitation, sending receipts, and tracking and notifying you of payment information; (ii) providing custom and personalized content and information; (iii) to perform analytics, detect activity patterns and otherwise research usage; and (iv) to test and develop new features and functionality and otherwise enhance the App and Services.

2.3 Maintain The Safety, Stability and Security Of The Services and The App. We may use your personal information to investigate and remedy fraudulent or allegedly fraudulent activity as well as diagnose or fix technology problems.

2.4 Communications With You to Provide Support and Other Important Messages and Notifications. We may use personal information to communicate important messages and notifications to you and/or to provide you with support and use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us.

2.5 For Promotion Purposes. We do not use third-party displayed advertise on the App, such as Google Adwords or similar. the Trainer may promote third party products or services through our content presented in the App that we believe might interest you. Third parties shall promote products on the App only through our referral and not directly so they will not be able to use your information. Please note that, if you choose to purchase products or services promoted by us on the App, you may be a customer of both us and third parties developing and producing such products or services and that Trainer may share certain information with such third parties in order to fulfil your order and enforce such contract.

2.6 Legal and Regulatory Requirements and Proceedings. We may use the personal information in connection with legal proceedings and requirements. For example, we may need the personal information to enforce our corporate reporting obligations and User Terms of Service, or to comply with applicable laws.

2.7 Enforce Our Rights. We may use your personal information to ensure you comply with our User Terms of Service and this Privacy Policy and use your personal information to monitor, investigate, prevent and/or mitigate violations of these legal provisions, as well as enforce our agreements with third parties and business partners.

2.8 Other Purposes Disclosed at The Time Of Collection. From time to time, we may use personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you.

  1. Sharing of Your Information

We do not sell or lease your information. However, we may share your personal information in the instances described below. We encourage you to repeatedly check this part of our Privacy Policy in order to be informed with whom we share your personal information.

We May Share Your Personal Information With:

We may also use aggregate personal information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes as long as the end-product does not uniquely identify you or any other User of the App and Services.

  1. Control Over Your Information

Profile and Data Sharing Settings. You may update your profile information in your User Account settings.

Access to Your Device Information and Push Notifications. You may control access to your device information or opt out of push notifications through your “Settings” app on your device.

How to Control Your Communications Preferences: You can stop receiving promotional email communications that we send by clicking the “unsubscribe link” provided in such communications. This unsubscribe action applies only to promotional email communications that we send. You may not opt out of service-related communications (e.g., User Account verification, transactional communications, changes/updates to features of the App, technical and security notices).

Modifying or Deactivating Your Information: If you would like to review, modify, or deactivate your Account, you can go to the “Account” tab or similar tab within the App. We may not be able to modify or deactivate your information in all circumstances.

  1. Third-Party Tracking

 

  1. How We Store and Protect Your Information

Data Storage and Transfer. Your information collected through the Services and the App is stored and processed in the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

Keeping Your Information Safe. We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. Please recognize that protecting your personal information is also your responsibility. Accordingly, we strongly recommend that you choose unique passwords that are not reused across other App or websites, and otherwise take precautions when communicating your personal information on the internet. If you know or have reason to believe that your User Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your User Account, please contact us following the instructions in the “Contact Us” section below.

  1. Children’s Privacy

The Services are not directed to children under the age of 18; nor do we knowingly attempt to collect or solicit personal information from children under the age of 18. In the event that we are informed that we have inadvertently collected personal information from a child under age 18, we will disable the User Account and delete the provided information as quickly as possible. If you believe that we have any information from a child under 18, please contact us following the instructions in the “Contact Us” section below.

  1. Changes to Our Privacy Policy

We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the "Effective" date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you by email to your registered email address, by notification within the App, or through other appropriate communication channels. All changes shall be effective from the Effective Date unless otherwise provided. If you do not cancel your User Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the platform and/or Services will be subject to the revised Privacy Policy.

  1. How to Contact Us

If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, please send an email to support@leanondigital.com.

 

  1. Additional Terms

10.1. California, United States Of America

This part of the Additional Terms is effective as of 12.18.2020.

The provisions in this part of the Additional Terms are intended to fulfil the requirements of the California Consumer Privacy Act ("CCPA") and shall apply to Users who are resident in California.

To the extent that any terms used in this Privacy Policy and this paragraph of the Additional Terms are defined in the CCPA, such definitions shall apply. The term "personal information" as used in this Privacy Policy and this paragraph of the Additional Terms shall include "Personal Information" as such term is defined in the CCPA.

The categories of personal information collected by us in the last 12 months are described in Section 1 of the Privacy Policy and, for the purposes of the CCPA, correspond to the following categories of Personal Information listed in the CCPA:

We will not process your personal information for purposes which are materially different, unrelated, or incompatible with the purposes set out in the Privacy Policy without providing you notice.

In the last 12 months, we have disclosed to third parties, all of the categories of personal information listed in herein above for a business purpose, including to the App Developer.

For the preceding twelve (12) months, we have not sold your personal information to third parties.

Additional Rights Under The CCPA. Users who are resident in California may have the following rights under the CCPA in addition to the rights set out in Section 6 of the Privacy Policy:

Under the CCPA, you are only entitled to exercise the personal information access above mentioned rights twice a year.

The rights set out above do not apply to personal information collected from US's employees as part of their employment with US or personal information collected as part of a business-to-business transaction.

To exercise any of the rights set out above please contact us using the contact details set in Section 10 of the Privacy Policy.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. We may need to request specific information from you to help us confirm that your request is a verifiable consumer request.

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

We will update this part of the Privacy Policy from time to time. When we make changes to this part of the Privacy Policy, we will change the effective date at the beginning of this notice. All changes shall be effective from the effective date unless otherwise provided in the notification. If you do not cancel your User Account before the date the revised notice becomes effective, you will be subject to the such revised notice.

 

If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt-out of future sales of certain covered information that a website operator has collected or will collect. To submit such a request, please contact us at contact us using the contact details set in Section 10 of the Privacy Policy with the subject line “Nevada opt-out.”