Privacy Policy

Effective as of: 12.18.2020.

Jairo Gonzales, doing business as No Excuses Fitness Trainer (“Trainer” “we,” “our,” or “us”), operates a mobile application under the name No Excuses Fitness Trainer(„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:

• Contact and Profile Information. When you create a User Account on the App or otherwise communicate or interact with us, we and the App Developer may collect information from you that you have provided us, such as your name, username, password, email address, age, date of birth, gender, address, personal preferences, product and service reviews, nutrition and fitness habits, body measurements, height, weight, body fat, desired weight, medical history, photos and videos of you that you have posted within the App, and any other personal information that you choose to include in your profile, your User Generated Content (as defined in the Terms and Conditions), or in other communications with us or using the App, including through Comments. You acknowledge that if you post a rating and/or review on our platform or the App, your rating and/or review will become a public information and will be retained by us even after your subscription plan with us has been terminated. We and the App Developer may combine personal and non-personal information about you collected by us or by our affiliates or by App Developer and we may combine this information with information from external sources. We use this contact and profile information to: (i) create, verify, and personalize your User Account; (ii) communicate with you directly about the Services as well as about any questions, issues, or concerns you or other users of the App may have; (iii) fulfill your order (including any subscription plan you may have with us); and (iv) send you information about our or third party products offered within the App in accordance with the your possible preferences.
• Use of the Services and the App. If you use the App or Services to track your fitness activity, we and the App Developer may collect and store this information so that you can review it on the App and track your progress. We may also use this information to calculate further information about your activity so that this can be provided to you as part of the functionality of the App and the Services.
• Payment Information. If you make in-app purchases, your purchase will be made via your Apple iTunes or Google Play account. We and the App Developer do not collect any financial or billing information from you in relation to such a transaction. Please review the relevant app store's terms and notices to learn about how your data is used. We and the App Developer keep a record of the purchases you make, the time at which you make those purchases and the amount spent.
• Transaction Information. When you submit an in-app purchase, we and the App Developer collect information, including the purchased products and services, date and time of your transaction, and other information necessary to fulfill the order. We use this transaction information to fulfill your order, detect and prevent fraud, personalize your experience, perform analytics/identify usage trends, and inform you of our advertising and marketing campaigns.
• Communications, Participation and Other Content. We and the App Developer maintain all communications resulting from your interactions with us or other users by email, posts, forum, comments or using the social feed within the App or otherwise interacting in the App. We also record comments and opinions you express when using the social feed within the App, responding to our surveys, entering a sweepstakes, or taking part in promotions we help to run. We use all of the foregoing communications to address your questions, issues, and concerns, and to improve our Services. Such communication and interaction on social feed within the App may include the content of the message and information about when the message has been sent, as well as the participants of the communication. Please be aware that communication and interaction posted publicly on the App will be accessible by those users and that we are not responsible for the manner in which those users use or disclose such communication and interaction.
• Other Information You Provide. With your previous permission, we and the App Developer may access your photos from your mobile device to enable you to share your fitness results on the App revering to using the Services.

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

• Information About Your Device and Its Software. Information about your device and its software includes your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, or your User Account, identifiers of beacons communicated to us, and other similar information. We and the App Developer may use this device and software information to diagnose and fix technology problems, personalize your experience, perform analytics/identify usage trends, and improve our products and Services or develop new products.
• Information About The Way You Access and Use Our Services. We and the App Developer collect information regarding your use of the App and any other User Generated Content that you generate through on the App. We also link your subscriber information with your activity on the App across all your devices using your email, password or similar information. We may also use the information about the way you access and use the Services and/or the App to determine which of our products and services may be of interest to you, to improve our products and services, to evaluate the success of our advertising and marketing campaigns, and to send you marketing communications.
• Analytics Information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends and the demographics of our users in order to improve our Services and/or the App. Please go to the Google Privacy Policy to learn more.
• Location Information. We do not obtain or store your location information while using the App. In that sense, under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to allow other users to see your mobile device location information in any form, including without limitation through posting your photos, while using or interacting with 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:

• Information We Receive From Third-Party Sites or Applications You Connect to The App. We may receive personal information about you from third parties and combine that with information we collect through the App. For example, we may obtain information when you login through a third-party social network or authentication service, such as Facebook or Google. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, gender or other information. The data we receive from these third-party sites is dependent upon that third party’s policies and your privacy settings on that third-party site. Prior to using any such sign-in service, please review the privacy policies of these social media providers as they may have different policies and practices than us. We do not assume any responsibility for the privacy practices, policies or actions of the operators of these social media websites.
• Information We Receive From Third Parties. From time to time, we may collect information about you from third parties, such as analytics providers. We may also collect information about you that is publicly available. We may receive additional information about you, such as fraud detection information, from third-party partners and combine it with other information that we have about you. We use this information from third parties to create your User Accounts, to contact you, to send you promotional materials or to personalize our services, to protect against bot attacks and account takeovers, and to better understand the demographics and interests of our users.

2. 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.

3. 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:

• App Developer and Its Subcontractors. The App Developer, together with its subcontractors, helps us to develop, run and improve the App, provide us with the billing information, and/or to provide customer support, as well as to store the personal information, while we are providing you with the Services and providing you with the App content. If you chose to download the App and provide your consent to obtain personal information as contemplated in this Privacy Policy while opening the User Account and using the App, please note that we are collecting your personal information in cooperation with the App Developer. In that sense, personal information that you have disclosed to us while opening the User Account and while using the App are also disclosed to and shared with the App Developer. Further, such information may be further disclosed by the App Developer to its subcontractors on the basis of our legitimate interest to fulfil their obligations towards us. For more information please contact the App Developer at support@leanondigital.com.
• Third Parties at Your Direction or Request. If have the option to share your activities on using the Service or the App with your friends through email, text or on various social media sites, you may also elect to share your personal information with third persons. Also, you may post your comments, photos and other material within the App’s feed. Please be aware that some or all of your information shared in such manner may be publicly available and used by third persons. We do not take any responsibility for actions and omissions of such third persons.
• Business partners. We may share information with our business partners in order to help run the App in a smooth and undisturbed manner and help you provide better user experience. Such disclosure may include third parties at the direction of the App Developer in accordance with our agreement with the App Developer to provide the Services or use the App, like customer service providers, advertising and marketing partners, email service providers, texting service providers, cloud storage providers, storage providers, our and App Developer’s subcontractors.
• Payment Providers. We generally do not collect any information when you order a certain Service within the App. In case that certain issues occur in processing your payment, payment providers may request us to provide certain personal information in order to help cultivate the payment and facilitate the payment.
• Service Providers and Contractors. We use third parties that perform services on our behalf as needed to carry out their obligations to us. Our service providers may have access to personal information as needed to provide data analysis, infrastructure provisioning, IT services, customer services, email delivery services, promotional, marketing and other similar services.
• Analytics Providers. We work with third-party analytics providers to better understand the demographics of our users, and to personalize, enhance and improve the App and Services.
• Social Media. We may use social media plugins on our App (e.g. a “share” or “like” button), and your use of these plug-ins, may result in the disclosure of certain of your information to the social media platform in question, and possibly presented on your social media profile, to be shared with others in your network – however, we will only share your information with these social media platforms if you have provided your express consent for us to do so.
• Business Transaction or Reorganization. We (including the App Developer, for avoidance of doubts) disclose your information to third parties: (i) in the event that we sell or buy any business or assets (for example, as a result of liquidation, bankruptcy or otherwise). In such transactions, we will disclose your data to the prospective seller or buyer of such business or assets; or (ii) if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.
• Legal Obligations and Rights. We may disclose personal information to third parties, such as legal advisors and law enforcement, as required by law or subpoena or if we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of law enforcement; (b) enforce our User Terms of Service or to protect the security or integrity of Services and the App; (c) detect, suppress or prevent fraud or reduce credit risk and collect debts owed to us; and/or (d) exercise or protect the rights, property, or personal safety of us.
• Public. We may make available through the App and Services certain features which may enable you to post information and materials, for example, comments, ratings and reviews. Please note that any information you provide in connection with such Services may be available to App users and to the general public. Please do not disclose your personal information in these public or interactive areas, and we urge you to exercise discretion and caution when deciding to disclose any other information and/or materials in these public or interactive areas on the Services or the App.
• Consent. Where not provided herein, we may disclose personal information about you to other third parties with your consent.

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.

4. 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.

5. Third-Party Tracking

• Google Analytics. We use Google Analytics to recognize you and link the devices you use when you visit Service or use the App on your mobile device, login to your User Account on the Service or the App, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how the Users interact with the Service or the App and to tailor our content to you. You should learn on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's site. You should also learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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:

• identifiers and personal information categories referenced in applicable California law (first and last names, email address, home address, telephone number, where you have selected particular services or features on the App, social network information);
• protected classification characteristics under California or US federal law (age, gender, country of residence, medical conditions or requirements);
• commercial information (information about your purchases of products and services from us or our third-party partners who may provide or promote their own products or services through the App);
• biometric information (physical characteristics such as weight, height, and body measurements such as stride length and apparel size) to the extent you choose to enter these on the App;
• internet or other similar network activity (information about your use of the App and your IP address, including information collected automatically through cookies.
• audio, electronic, visual, thermal, olfactory, or similar information (e.g. your photos and audio where you have selected particular services or features on the App); and
• inferences drawn from other personal information (dietary preferences, information you provide about yourself and any preferences in your User Account, communications with us or directed to us via letters, emails, chat services, calls, and social media, fitness activity data provided by you on the App or generated through your use of the App, including activity data generated by the devices that you connect to the App where you have selected particular services or features on the App, contacts and calendar information);

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:

• Access:Once we receive and confirm your verifiable consumer request, we will disclose the following to you:
  • the categories of your personal information and the specific personal information that we have collected;
  • the categories of sources from which your personal information was collected;
  • our business or commercial purpose for collecting your personal information; and
  • the categories of third parties with whom we share your personal information, and where such third parties received your personal information from us for a business purpose, the categories of your personal information that we disclosed to such third parties;

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

• Deletion:Once we receive and confirm your verifiable consumer request, we will (and will direct our service providers to whom we have disclosed your personal information, including the App Developer, to) delete your personal information unless an exception under the CCPA applies.

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:

• deny you access to goods and/or services provided by us on the App;
• charge you different prices or rates for the goods and/or services provided by us on the App, or imposing penalties on you;
• provide you with a different level or quality of goods and/or services than otherwise generally provided by us on the App; or
• suggest that you will receive a different price or rate for, or a different level or quality of, the goods and/or services generally provided by us on the App.

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.

• Nevada, United States of America

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.”