SOURCES OF INFORMATION

We collect your personal information from the following sources:

• Directly from you. We may collect personal information directly from you when you interact with us such as when you register for our Services; sign up for a newsletter or promotion; book a demo of our products; or register for or participate in a webinar.

• Automatically when you access or use the Services. We may collect personal information using cookies or when you use our Services. For more information, see the Cookies section below.

THE INFORMATION WE COLLECT

We may collect the following categories of information:

• Identifiers, such as your name, phone number, address, and email address.

• Information Subject to Protection Under California Law. We or our service providers may collect your bank account number, credit card number, or debit card number.

• Protected Classification Characteristics such as your racial or ethnic origin, age, sex or gender, marital status, disability status, and veteran status.

• Commercial Information. We or our service providers may collect your financial information (e.g., your payment details), details of the services we have provided to you or that you've inquired about, including any additional information necessary to deliver those services and respond to your inquiries, as well as your employment, professional, or education information.

• Internet or other electronic network activity information, such as IP addresses, device identifiers, web browser identification, pages visited on our Website, and other information obtained from your device.

• Communications and Message Content. We or our service providers may collect the contents of messages and other communications between you and other users or between you and us, including in-app chats, support threads, coaching messages, and similar communications.

• Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences, characteristics, demographics and Services usage patterns.

• Audio and Visual Information. We or our service providers may collect audio or video recordings and images you provide or that are recorded in connection with the Services, including recorded coaching calls and progress photos.

• Sensitive Personal Information, such as health information we may infer from some of our product pages, and diagnoses, medications, and other health related information you may provide us with as necessary for the Services. Additionally, our service providers may collect your billing information and credit and/or debit card number.

• Account Credentials. We or our service providers may collect account usernames, passwords, and other information used to authenticate or provide access to your account.

We may also use anonymized, de-identified, or aggregated information for any purpose permitted by law. To the extent that we de-identify information, we will not attempt to re-identify it except in compliance with applicable law.

HOW WE USE YOUR INFORMATION

• Providing our Services. We may use your personal information to deliver Services to you, including to process payments, and otherwise provide you with the products and experience that you request from us.

• Customer Service. We may use or disclose your personal information where it is necessary for us to provide support related to a Service, troubleshoot and resolve potential disputes, or do something that you have asked us to do.

• Development of the Services. We may use or disclose your personal information to improve our Services. We may use or disclose your personal information to improve our Services, research how our Services are used, and develop new service offerings.

• Marketing and Advertising. When you provide us with your personal information, we may use that personal information to provide you with information we think may be of interest to you, including marketing and promotional messages.  The marketing messages we send will contain information as to how to opt out of receiving further marketing emails. You can also email us at [email protected] to opt out of receiving marketing emails.

• If you provide your phone number and consent to receive marketing text messages, we may use your phone number to send you marketing and promotional messages by text message or SMS. Message and data rates may apply. You may opt out of receiving marketing text messages at any time by replying “STOP” to a marketing text message.

• Comply with our legal obligations and respond to legal proceedings. We use your personal information to comply with our legal, regulatory, and risk management obligations and maintain records of our compliance with federal and state law requirements. We may also use your personal information to establish, exercise, or defend legal claims, such as to prevent fraud.

• Artificial Intelligence and Machine Learning. We may use or process consumers' personal information in connection with the development, training, improvement, evaluation, and operation of large language models, machine learning models, and other artificial intelligence technologies.

We do not engage in any automated decision-making or profiling related to the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services, or access to essential goods and services.

COOKIES AND SIMILAR TECHNOLOGIES

We may use cookies and other tracking technologies (like web beacons and pixels) to access or store information. These technologies enable the Website to remember your actions and preferences over a period of time.

To learn more about cookies and similar technologies, please visit www.allaboutcookies.org. Most web and mobile device browsers automatically accept cookies. If you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.

In particular, we may collect information automatically:

• Using Google Analytics. We use Google Analytics, a Google service that uses cookies and other similar technologies to collect and analyze information about use of the Services and report on activities and website trends. You can learn about Google’s practices in connection with this enhanced tracking and opt out of it by visiting www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

• Using Meta Pixel. We use the Meta Pixel, a tracking technology provided by Meta, to collect information about visitors’ interactions with the Services, measure and optimize the effectiveness of our advertising, support advertising and audience measurement. The Meta Pixel may use cookies and similar technologies to collect information about your browser, device, and activity on the Services.

• Using Google Ads and related advertising technologies. We use Google Ads and related Google advertising technologies to measure the effectiveness of our advertising campaigns, understand interactions with our advertisements, and support advertising and audience measurement. These technologies may use cookies and similar technologies to collect information about your browser, device, and activity on the Services.

• Using YouTube. We use YouTube-related technologies to support advertising, measurement, and/or embedded YouTube content. These technologies may use cookies and similar technologies to collect information about your browser, device, and interactions with the Services and YouTube content.

• Using Apple Podcasts. We use Apple Podcasts advertising and measurement technologies to measure interactions with and the effectiveness of our advertising and promotional campaigns. These technologies may collect information about interactions with our Services and advertisements.

• Using Spotify Pixel. We use the Spotify Pixel to measure the effectiveness of our Spotify advertising campaigns and understand actions taken by visitors on our Services following exposure to Spotify advertising. The Spotify Pixel may collect information about visits and interactions with the Services and may use cookies and similar technologies for measurement and attribution.

Cookie management: You can control, block, or delete cookies through your web browser settings. Your browser may also allow you to manage other similar technologies. Please note that disabling or blocking certain cookies or similar technologies may affect the functionality or availability of certain features of the Services.

Browser Signals

Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. Our Website does not currently respond to “Do Not Track” browser settings or similar mechanisms.

HOW WE DISCLOSE INFORMATION

We may disclose the personal information described in “THE INFORMATION WE COLLECT” to third parties:

● Service Providers. We may disclose personal information to third parties that provide us services such as communications providers, payment processors, professional consultants, coaches, or other contractors.

o Typeform. We use Typeform to provide embedded forms, questionnaires, and other information-collection functionality on our Website. We may share personal information you submit through these forms with Typeform, which processes that information on our behalf to provide, maintain, and support the form functionality and our Services.

● Analytics and Advertising Partners. We may disclose your information to third parties for the purpose of improving the functionality of our Services and to provide you with personalized advertising.

● Marketing Partners. We may disclose your information to third parties to help with advertising campaigns and to participate in joint marketing campaigns.

● As Required by Law. We may be required to disclose your personal information if: (i) we believe it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) it may potentially mitigate our liability in an actual or potential lawsuit, (iii) it is otherwise necessary to protect our rights or property, or (iv) it is necessary to protect the legal rights or property of others.

● With Your Consent. We may disclose personal information about you to certain third parties not described in this Notice with your consent.

OPT-OUT FOR DIRECT MARKETING; EMAIL MANAGEMENT

You can opt out of receiving certain email communications from us at any time. To do so, follow the unsubscribe link in the footer of the email. Or use the “Contact us” section below. You cannot opt out of transactional emails related to the service.

HOW WE PROTECT AND RETAIN YOUR INFORMATION

MindStrong Fitness, LLC takes seriously the security and privacy of the personal information that it collects. We have implemented reasonable security measures designed to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please understand, however, that no security system is 100% secure. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet.

We retain your personal information based on legal requirements or business needs. Generally, we only retain personal information for as long as is reasonably necessary for our business purpose or as required by law. 

CHILDREN

MindStrong Fitness’s Services are not intended for anyone under the age of 18 and we do not knowingly collect personal information from anyone under the age of 18 through the Services. If you have reason to believe that a person under the age of 18 has provided personal information to us, please contact us at [email protected], and we will endeavor to delete that information from our databases.

LINKS TO EXTERNAL WEBSITES

The Services may contain links to third-party websites (“External Sites”). MindStrong Fitness has no control over the privacy practices or the content of any such External Sites. As such, we are not responsible for the content or the privacy notices of such External Sites. You should check the applicable privacy notice and terms of use when visiting any such External Sites.

SUPPLEMENTAL U.S. STATE PRIVACY DISCLOSURES

California privacy disclosures

These Additional California Privacy Disclosures supplement the information contained in the Notice above. These Disclosures apply only to individuals residing in California.

We collect your personal information as described in the “SOURCES OF INFORMATION” section of this Notice.

We collect the categories of personal information described in the “THE INFORMATION WE COLLECT” section of the Notice.

We may use and disclose personal information for the business and commercial purposes detailed in the “HOW WE DISCLOSE

INFORMATION” section of the Notice.

We retain your information as described in the “HOW WE USE YOUR INFORMATION” and “HOW WE PROTECT AND RETAIN YOUR INFORMATION” sections of the Notice.

We do not sell personal information for monetary consideration. However, our use of certain website tracking-technologies may meet the definition of “selling” or “sharing” as that term is defined by applicable law. We may have sold or shared the following categories of personal information with our Analytics and Advertising Partners and Advertising Partners: Identifiers, Sensitive Personal Information, Non-precise geolocation Data, and Internet activity information. We do not knowingly sell the personal information of minors under 18.

Your California rights

California Civil Code Section 1798.83 permits California residents to opt out, free of charge, of our disclosure to third parties of personal information for direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request in writing to us at [email protected].

Additionally, if you are a California resident, you may have the following rights with respect to the personal information we process about you:

• Right to Know and Access. You may have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting, selling, or sharing the personal information, and the categories of third parties to whom we have disclosed your personal information, and the specific pieces of personal information we have collected about you.

• Right to Delete. You may have the right to request that we delete personal information that we have collected from you.

• Right to Correct. You may have the right to request that we correct inaccurate personal information that we maintain about you.

• Right to Opt-out of Sales or Sharing. You may have the right to opt-out of the “sale” or “sharing” of your personal information as such terms are defined by the California Consumer Privacy Act.  To opt out of targeted advertising, please use the “Your Privacy Choices” link at the bottom of our home page.

• Right to Limit. You may have the right to limit the use of your Sensitive Personal Information.

• Right to Non-Discrimination. Should you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that certain features of the Website may be unavailable to you.

You can exercise these rights by using the information in the “Submitting a privacy rights request” section below.

Additional States Rights

These Additional U.S. State Privacy Disclosures supplement the information contained in the Notice. These Disclosures apply only to residents of Texas and Nebraska.

You may have the following rights, subject to any applicable exemptions or limitations:

• Right to Access. You have the right to confirm whether we are processing your personal information and to access such personal information.

•  Right to Correct. You have the right to request that we correct inaccurate personal information that we maintain about you.

•  Right to Delete. You have the right to request that we delete your personal information under specific circumstances.

• Right to Opt-out. You have the right to object or opt-out of certain types of processing, including: (1) processing for the purpose of targeted advertising, and (2) processing for the purpose of the sale of personal information.

• Right to Data Portability. You have the right to request a copy of your personal information in an accessible format.

• Right to Equal Service. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Website, Services, or properties.

•  Right to Appeal. If we do not grant your consumer request, you may have the right to appeal that denial.

You can exercise your privacy rights as described in “Submitting a privacy rights request,” below.

Submitting a privacy rights request

To exercise your rights, please submit a request to us by either calling us at +1 (831) 265-5731 or by emailing us at [email protected]. Making a consumer request does not require you to create an account with us. Applicable law may limit the number of times that you can submit a particular request within a 12-month period.

You may be able to designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf or if the agent attempts to exercise a right for which they are not legally authorized to do so.

Upon receiving your request to know, access, delete, or correct, we will need to verify your identity to determine that you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. We may also use other verification methods as the circumstances dictate. We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We may deny your request to know, access, delete, or correct if we cannot verify your identity.

CHANGES TO THIS NOTICE

We review this Notice regularly. If we make material changes, we will attempt to notify you and/or obtain your consent, as required by law. We recommend that you regularly review this Notice. Please refer back to this Notice on a regular basis.

HOW TO CONTACT US

If you have questions about this Notice, please email us at [email protected] with “Privacy Notice” in the subject line. Or you can contact us at:

MindStrong Fitness

1959 Wewatta St, #316

Denver, CO 80202