PHYSMODO PRIVACY POLICY

RELEASE OF LIABILITY & CONSENT TO COLLECTION OF USER DATA

This Release of Liability & Consent to Collection of User Data (the "Consent") governs your access and use of the software services and related equipment and corrective exercises (collectively, the "Service") provided by Physmodo ("Physmodo") and their respective representatives, agents, and licensees (collectively, the "Released Parties").

Updated: March 1, 2022

Physmodo is committed to controlling the collection, use and disclosure of Personal Data provided to Physmodo. The Privacy Policy (this "Policy") informs you of Physmodo's practices with respect to the collection, use, and disclosure of such information. Please read this Policy carefully to understand our policies and practices regarding your Personal Data and how we will treat it. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS TO NOT USE OUR SOFTWARE SERVICES ("Services").

INFORMATION PHYSMODO COLLECTS

Personal Data is any information that personally identifies you, such as your name, email address or geographic location. Sometimes this Personal Data is needed when you engage with Physmodo. Physmodo may ask you to provide Physmodo with Personal Data on a voluntary basis in certain areas of the Service. In particular, to obtain access to the Service, Physmodo may request that you provide certain personal information, including name, email address, height, weight and birthdate and create a login name and password. Physmodo will use this information to maintain your account regarding the Service. Physmodo may use your information to communicate with you as necessary to facilitate your access to the Service.

WHEN YOU INITIALLY INTERACT WITH THE SERVICE AND BEFORE PERSONAL DATA IS COLLECTED, PHYSMODO PROVIDES YOU WITH AN OPT-IN OPTION THAT INCLUDES A LINK TO PHYSMODO'S PRIVACY POLICY AND TERMS OF USE. PERSONAL DATA IS ONLY COLLECTED ONCE YOU ACCEPT TERMS OF USE. IF YOU DO NOT ACCEPT TERMS OF USE, PERSONAL DATA IS NOT COLLECTED.

HOW PHYSMODO USES GATHERED INFORMATION

In addition to the uses described above, the information gathered from or shared by you with Physmodo may be used as follows:

Personal Data: Personal Data collected by Physmodo may be used for purposes that include, without limitation, administration of the Service and communications with you, to assist you in finding information, services and software on the Service, to assist in creating and presenting content relevant to your needs, to maintain the highest quality of the Service, or other purposes as may be indicated at the time of disclosure. Physmodo may also provide Personal Data to its controlled subsidiaries, clients, affiliates, agents, and third-party service providers and vendors (collectively, the "Data Processors"). We require that these Data Processors agree to process Personal Data based on our instructions and in compliance with prevailing privacy laws and any other appropriate confidentiality and security measures. We also may share non-personal, aggregate information regarding customer demographics, traffic patterns, sales, and site usage with our Data Processors.

Third Party Email Addresses: If you register for the Service using an e-mail address that we recognize to be either a part of a third-party enterprise account for the Service, we may provide your name and email address to an administrator.

Other Uses: Physmodo may also disclose Personal Data if Physmodo in good faith believes that such action is necessary to (A) comply with the law or with legal process; (B) protect and defend Physmodo's rights and property; (C) protect against misuse or unauthorized use of the Service; or (D) protect the personal safety or property of Physmodo's users or the public. Please note that Physmodo may not provide you with notice prior to disclosure in such cases.

EU RESIDENTS

As a resident of a member nation of the European Union, we also provide you with the following rights under as required by the GDPR:

Right to Access: You can request information about the Personal Data we hold about you and request a copy of such Personal Data.

Right to Rectifications: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to limit or withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Service.

Right to Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

Right to Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

Right to Deletion: You can request that we erase some or all of your Personal Data from our systems. Please note that if you request the deletion of information required to provide the Service to you, your user account will be deactivated and you will lose access to the Service.

Right to Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

DATA RENTENTION

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with the Service, and thereafter as set forth in our Terms of Use agreement with you (typically 30 days after termination of the Service, or sooner upon request (except as required by law)). In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. Upon disposal, we will destroy or render unreadable any such Personal Data. Afterwards, we may retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

TRANSFER OF PERSONAL DATA

Except as otherwise described in this Policy, Personal Data which you provide on the Service will not be shared outside of Physmodo and its controlled subsidiaries, clients, affiliates, agents, and third-party service providers and vendors without your permission. The Service is hosted and operated in the United States ("U.S."), with development, support and maintenance operations in other countries through Physmodo and its service providers. If you do not reside in the U.S., laws in the U.S. (and other countries) may differ from the laws where you reside. By using the Service, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Physmodo in the U.S. and will be hosted on U.S. servers, and you authorize Physmodo to transfer, store, host and process your information to and in the U.S., and possibly other countries. You hereby consent to transfer of your data to the U.S. pursuant to either, at Physmodo's discretion, the EU-U.S. Privacy Shield Framework, the details of which are further set forth below, or the standard data protection clauses promulgated by the EC, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087

CLOSING YOUR ACCOUNT

You may close an account, and upon termination of your account, we will take reasonable steps to provide, modify, or delete your Personal Data as soon as is practicable. However, Physmodo may nevertheless retain your Personal Data in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, complying with our legal obligations, resolving disputes, and enforcing agreements.

PRIVACY SHIELD INFORMATION FOR EU/SWISS RESIDENTS

Physmodo complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union and Switzerland to the United States. Physmodo has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, onward transfer (including our Data Processors or other third parties as permitted in this Policy), security, data integrity, access and enforcement. Under the Privacy Shield's "Onward Transfer Principle," we may remain liable for the processing of Personal Data of European Union residents that we transfer to our Data Processors.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/list.

In compliance with the Privacy Shield Principles, Physmodo commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Andrew Menter at privacy@physmodo.com

Physmodo has further committed to refer unresolved Privacy Shield complaints to the International Centre for Dispute Resolution (ICDR- AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit http://go.adr.org/privacyshield.html for more information or to file a complaint.  The services of the ICDR- AAA are provided at no cost to you.

Under certain conditions, which are described in greater detail on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under the California Civil Code, residents of the State of California that have provided any Personal Data to Physmodo have the right to request a list of the categories of Personal Data that Physmodo has collected about consumers in the preceding 12 months and a list of all third parties to which Physmodo has disclosed Personal Data during the preceding year for direct marketing purposes. Alternatively, the law provides that if Physmodo has a privacy policy that gives either an opt-out or opt-in choice for use of Personal Data by third parties (such as advertisers or affiliated companies) for marketing purposes, Physmodo may instead provide you with information on how to exercise your disclosure choice options, free of charge. Physmodo qualifies for the alternative option.

You have the right not to receive discriminatory treatment by Physmodo for the exercise of your privacy rights conferred by the CCPA. Unless permitted by the CCPA, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services;
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

If you are a California resident and request information about how to exercise your third party disclosure choices, please email a request to Physmodo at privacy@physmodo.com with a preference on how Physmodo’s response to your request should be sent.

COMMITMENT TO CHILDREN’S PRIVACY

Protecting the privacy of children is very important to Physmodo. The Children's Online Privacy and Protection Act of 1998 ("COPPA") defines a "Child" as anyone under the age of 13. The EU General Data Protection Regulation ("GDPR") states that personal data of children below the age of 16 can only be processed on the basis of consent if consent is given by the holder of parental responsibility over the child. Physmodo strictly adheres to both COPPA and GDPR. For that reason, Physmodo does not collect or maintain information obtained through the Service from those Physmodo actually knows are under 13, and no part of the Service is structured to attract anyone under 13, and Physmodo does not knowingly collect or use the personal information of minors for marketing purposes. Before you accept Terms of Use, whereby your Personal Data has not yet been collected, you must tick a box to accept Terms of Use and indicate that you are either (A) over 13 years of age, or (B) are a parent or custodian of a child 13 years of age or under.

SECURITY

The Service incorporates reasonable safeguards to protect the security, integrity, and privacy of the personal information Physmodo has collected. Security of information communicated by or to Physmodo over the internet is of utmost concern to Physmodo; however, no data transmission over the internet can be guaranteed to be 100% secure. Any transmission is at your own risk. Please note that your email, like most, if not all, non-encrypted internet communications, may be accessed and viewed by other internet users, without your knowledge and permission, while in transit to or from Physmodo. While Physmodo strives to protect your Personal Data, Physmodo cannot ensure or warrant the security of any information you transmit to Physmodo or through the Service. Once Physmodo receives your transmission, Physmodo will use reasonable efforts to ensure its security on Physmodo's internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived.

COOKIES, WEB BEACONS AND OTHER TRACKING TOOLS

 Physmodo does not use cookies, web beacons and other tracking tools.

DISCLOSURE THROUGH BUSINESS TRANSFERS

As Physmodo continues to develop its business, Physmodo may buy, merge or partner with other companies or businesses, and in so doing, acquire or share customer information. In such transactions, your information may be among the transferred or shared assets. Similarly, in the event that a portion or substantially all of Physmodo's assets are sold or transferred to a third party, customer information (including Personal Data) would likely be one of the transferred business assets.

EXTERNAL LINKS

The Service may provide links to various websites that Physmodo does not control. When you click on one of these links, you will be transferred out of the Service and connected to the website or application of the organization or Physmodo that you selected. Physmodo is not responsible for the nature, quality or accuracy of the content or opinions expressed on such websites, and such websites are not investigated, monitored or checked for quality, accuracy or completeness by Physmodo. Inclusion of any linked website on the Service does not imply or express an approval or endorsement of the linked website by Physmodo, or of any of the content, opinions, products or services provided on these websites. Even if an affiliation exists between the Service and a third-party website, Physmodo exercises no control over linked sites and has no responsibility for their privacy practices. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. While Physmodo expects its partners and affiliates to respect the privacy of Physmodo's users, Physmodo cannot be responsible for the actions of third parties. If you visit a website that is linked from the Service, Physmodo encourages you to consult that website's privacy policy before providing any personal information and whenever interacting with any website.

CONTACT INFORMATION

SHALL YOU DESIRE TO EXERCISE YOUR RIGHTS REGARDING YOUR PERSONAL DATA OR HAVE QUESTIONS REGARDING THIS POLICY, YOU MAY CONTACT PHYSMODO AT PRIVACY@PHYSMODO.COM.

YOU MAY ALSO CONTACT PHYSMODO IN WRITING AT THE FOLLOWING ADDRESS:

PHYSMODO, INC
ATTN: CHIEF LEGAL REPRESENTATIVE
2251 VANTAGE STREET, SUITE 100
DALLAS, TEXAS 75252