Flex is a health and fitness company that helps users reach their health and fitness goals through the use of the Service and in particular our App, which provides detailed customizable workouts tailored through your mobile device. The App collects your personal and anonymous data to help Flex perform the services offered to you. As the information we collect may include some sensitive data, including personal health and fitness data, we aim to be transparent and clear about how we collect, use and share the data you provide to us.
The Service, mainly through the App and the Website, collects and processes the data you provide to us, including personal data, which is information about you or that identifies you, as well as anonymous data, which does not identify you.
Subject to legal, contractual and technical requirements, you may choose not to provide Flex with certain data or request the deletion of certain data, which may impact the Service features available to you or essential operation of the Service.
The following is a description of the personal data that we may collect, use and process in connection with the Service:
name, phone number, email address, WhatsApp contact details, geo-location information and IP address;
unique identifiers, such as Apple ID, Facebook ID, Android ID or device identifiers (each an “Identifier”); and
any information you provide to us on the Website or in the App including, age, height, weight and other personal data you choose to provide to us.
We also collect a substantial amount of anonymous data that does not identify you, including but not limited to your responses to certain questions in the App and your use and frequency of use of certain features of the App and Website.
We process your personal and anonymous data for our legitimate business purposes. These uses include but are not limited to:
providing the Service to you, including creating detailed and customized fitness plans;
understanding your needs and improving the quality of the Service, including providing customer support and feedback, analyzing functionality and technical issues, tracking use of the Service and generating internal reports and data models that we use to improve the service;
supporting the security and integrity of the Service, including controlling access to the Service and protecting Flex and third-parties against privacy breaches, errors, fraud, theft, suspicious activity, violations of the TOU and other illegal activity;
contacting you for various reasons including feedback requests or marketing purposes, if you previously consented to such contact; and
for contractual, legal, regulatory or audit obligations, including responding to requests from law enforcement or a government agency asserting lawful authority to obtain the data or where Flex has reasonable grounds to believe the data could be useful in the investigation of unlawful activity, complying with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of data, complying with court rules regarding the production of records and data, defending Flex in a legal, regulatory or administrative proceeding or in a contractual dispute or providing information to our legal counsel.
We may disclose your personal and anonymous data to our parent companies, affiliates, subsidiaries, employees and contractors for the same purposes described above. We may also disclose your personal and anonymous data to third-parties, who may be located in a foreign jurisdiction and subject to foreign laws.
You may contact Flex to obtain a copy of any personal data we collect about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact Flex to correct inaccurate personal data or to complete incomplete personal data.
You may be able to opt-out of some or all of the ways in which your personal data is processed, or request the deletion of certain personal data, except where the personal data is necessary or vital for:
the performance of contractual obligations, such as the TOU or certain legal obligations;
protecting your interests or those of another person; and
our legitimate interests or the legitimate interests of a third-party,
and may do so by requesting deletion by contacting us using the contact information found below.
While Flex is a Canadian company, the data you provide through the Service may be stored and processed by third parties in countries around the world. You authorize Flex and third parties acting on our behalf to process your data in any country of their choosing, which may cause your data, including personal and anonymous data, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.
For individuals in the European Economic Area (the “EEA”), Flex complies with Articles 44-49 of the European Union’s General Data Protection Regulation (the “GDPR”). Currently, all transfers of personal data to Canada from individuals in the EEA are covered by an adequacy decision as described in Article 45 of the GDPR.
Your personal data is retained until you request its deletion or until Flex no longer requires such data for the purpose for which it was collected.
Flex complies with the United States Children’s Online Privacy Protection Act and all other applicable privacy laws and regulations concerning children and the Internet including laws applicable to residents of the EEA. If we learn that we inadvertently collected personal data from a child under the age of 13 beyond allowable legal exceptions, we will delete that data as quickly as possible. If you are a parent or guardian of a child under the age of 13 or under the age of consent in your jurisdiction, who you believe provided Flex with personal data without your consent, please contact us at email@example.com.
Do Not Track (“DNT”) is a web or device setting that allows you to request that receivers of personal data stop their tracking activities. When you choose to turn on the DNT setting in your browser or device or use alternative consumer choice mechanisms, your browser or device sends a special signal to websites, analytics companies, advertising networks, plug-in providers and other web services you encounter to stop tracking your activity. Currently, there are no DNT technology standards and, as a result, we do not respond to DNT requests.
If you are a California resident, California Civil Code 1798.83 grants you the right to request disclosure of the categories of personal data we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year. If you are a California resident and would like to make this request, please contact us using the contact information set forth below.
Please note that you may only make this request once per year.
If you are a Data Subject as defined by the GDPR, you have certain rights in regards to your personal data. These rights include:
A Right of Access. You have the right to access your personal data that we hold about you free of charge in most circumstances.
A Right to Rectification. If your personal data is inaccurate or incomplete, you can change the information you provided by contacting Flex using the e-mail listed below.
A Right to Erasure. You have the right to obtain deletion of your personal data under most circumstances. In most cases, you may simply request the deletion by using the contact information found below. Please be careful as deletion of data in this manner is permanent and the data cannot be recovered.
A Right to Object. If the processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR or if your personal data was collected based on your consent according to Article 6(1)(a) of the GDPR, you have the right to object to this processing. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular, if the personal data is necessary for the establishment, exercise or defense of legal claims or if personal data is required for the provision of the Service and you still wish to use the Service.
A Right to file a Complaint. You have the right to file a complaint with the appropriate supervisory authority in your jurisdiction.
A Right to Restriction of Processing of your Personal Data. You have the right to obtain restrictions on the processing of your personal data as described in Article 18 of the GDPR.
A Right to Personal Data Portability. You have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller under the conditions described in Article 20 of the GDPR.
A Right to Post-Mortem Control of Your Personal Data. Certain jurisdictions grant post-mortem controls of your personal data and if such rights are applicable in your jurisdiction, you may have the right to establish guidelines for the preservation, the deletion and the transmission of your personal data after your death through a will or through your estate.
A Right to Opt-out of Marketing Communications. You have the right to opt-out of marketing communications we send you at any time. If you receive any marketing e-mails from us, you can exercise your right to stop such communications by clicking on the “unsubscribe” or “opt-out” link on any marketing e-mails Flex sends you. To opt-out of other forms of marketing, please contact us using the contact details provided below.
We are committed to ensuring that your data is secure. To prevent unauthorized access, disclosure, or breach, we have put in place suitable physical, electronic, and administrative procedures to safeguard and secure the data we collect and process, including appropriate protections for any sensitive personal data we collect.
We communicate with you primarily through the Service itself, but we may sometimes collect your email address, phone number or WhatsApp details (collectively “Contact Details”) in order to respond to support requests or comments. If you have provided us with your Contact Details and would like to change the preferences we associate with you (for example, unsubscribing from receiving certain types of email) you may do so by clicking a link within certain types of emails that we send to you or, if no link is available, by replying with “unsubscribe” in the email title or body or by messaging us in WhatsApp to delete you from our contact list. On rare occasions, some types of communications are necessary for the Service and cannot be unsubscribed from if you continue to use the Service.
17.1 Information We Collect:
When you use the Feature, we may collect the following information:
Contact Information: We may collect contact information from your device’s address book, including names, phone numbers, email addresses, and other relevant contact details.
17.2 Use of Your Information:
We use the information collected through the Feature for the following purposes:
Import Contacts: We use your contact information solely to facilitate the import of contacts into the App.
17.3 Data Security:
We employ reasonable technical and organizational measures to protect the data you import using the Feature. However, please be aware that no method of transmission over the internet or electronic storage is entirely secure, and we cannot guarantee absolute data security.
17.4 Sharing Your Information:
We do not share the contact information you import using the Feature with third parties unless required by law or as explicitly permitted by you.
17.5 Consent and Authorization:
By using the Feature, you represent and warrant that you have obtained all necessary consents and authorizations from your contacts whose information you intend to import using the Feature. You acknowledge that you are solely responsible for complying with all applicable data protection and privacy laws when using the Feature.
17.7 Contact Information:
17.8 Governing Law:
Privacy Support Team
650-1050 West Pender, Vancouver, V6E3S7