PRIVACY POLICY

1. Overview

Fit Factory Fitness Inc. (the “Company,” “we,” “our,” or “us”) is the owner and operator of the Fit Factory Pro application (“Platform” or “App”), which enables personal trainers, wellness coaches, and nutritionists to provide training and coaching to clients. The Company reserves the right to develop, improve, and update the Platform at its sole discretion. The App is developed and maintained by FitBudd Inc., including any of its subsidiaries (“FitBudd”).

At Fit Factory Fitness Inc., we prioritize the privacy and protection of our users’ personal data and information. Our practices and procedures related to data collection and usage are detailed below. We implement reasonable security measures aligned with industry standards; however, due to the inherent vulnerabilities of the internet, we cannot guarantee complete security of transmitted data.

This Privacy Policy is subject to change at any time without notice. By using the Platform, you agree to be bound by the terms and conditions of this Privacy Policy. We may utilize third-party services to provide our Services, and such third parties may have access to user information as reasonably necessary. These third parties will be required to maintain reasonable security practices in handling this data.

This Privacy Policy applies to all users, including clients of personal trainers, wellness coaches, and nutritionists who register on the Platform.

2. Information Collection

When registering as a user on the Platform, you will be required to create a unique username and password (collectively, the “Access ID”), which will be used to activate your account (the “Account”). You acknowledge that certain personal information such as your name, age, gender, physical health condition, and email address may be required to access services on the Platform.

To optimize user experience and provide personalized fitness coaching, users may be asked to upload photos to track their fitness progress. While FitBudd stores all personal data per legal requirements, Fit Factory Fitness Inc. will take reasonable steps to protect the disclosure of uploaded images. However, Fit Factory Fitness Inc. is not liable for any unauthorized disclosure by third parties, including trainers, wellness coaches, and nutritionists registered as service providers.

Additionally, service providers may upload videos, images, and other content to enhance user experience. Fit Factory Fitness Inc. does not assume responsibility for the source, nature, or content of such media and shall not be held liable for copyright infringement or plagiarism claims from third parties.

Users may also be required to provide financial information (e.g., credit card or bank account details) when making payments on the Platform. This data is collected solely for processing transactions and will be handled securely as outlined in this Privacy Policy.

If you wish to amend, update, or remove your personal or financial information, please contact getfit@fitfactoryfitness.com. However, please note that removing certain information may result in limited or restricted access to our services.

3. Purpose of Information Collection

Fit Factory Fitness Inc. collects personal and financial information for the following purposes:

• Providing coaching and training services through the Platform.
• Tracking user fitness progress with photos, diet plans, and progress charts.
• Improving user experience by customizing services and content.
• Enhancing security measures to protect user accounts from unauthorized access.
• Detecting and preventing fraud, errors, or illegal activities.
• Communicating important updates about services, promotions, or policy changes.

Uploaded images and videos are solely used for fitness tracking purposes and will not be shared with third parties without user consent.

4. Privacy, Security Policy and Related Aspects

Fit Factory Fitness Inc. does not sell or rent user data to third parties for marketing purposes without explicit consent. All collected data is secured using industry-standard encryption protocols, including Secure Socket Layer (SSL) technology for sensitive transactions.

We may share user data with trusted service providers, affiliates, or agents solely for the purpose of improving platform services. However, Fit Factory Fitness Inc. is not liable for any unauthorized access, misuse, or disclosure of user data caused by third-party breaches.

The Fit Factory Pro Platform, including all content and software, is protected by intellectual property laws. Unauthorized use, distribution, or reproduction of Platform content without written permission is strictly prohibited.

5. Acceptable Use

Users are strictly prohibited from:

• Attempting to breach security measures or access unauthorized data.
• Disrupting Platform operations through viruses, spam, or hacking attempts.
• Using the Platform for unauthorized advertising or solicitation.
• Impersonating other users or engaging in fraudulent activity.

Any violations may result in account suspension, termination, and potential legal action. Fit Factory Fitness Inc. will cooperate with law enforcement authorities if required.

6. Email

To enhance user experience, Fit Factory Fitness Inc. may send emails and newsletters regarding services, promotions, and important updates. Users may opt-out of receiving these communications by clicking the unsubscribe link in any email or by contacting getfit@fitfactoryfitness.com.

7. Exceptions

While we will not voluntarily disclose your personal data apart from the manner set out in the Terms of Use, we may disclose such information if we are required to do so by a court order or under applicable law, if we are requested to do so by government or law enforcement authorities, or if we are required to do so pursuant to other legal processes, or if it becomes necessary to protect the rights or property of the Trainer.

The Trainer nor FitBudd for any physical injury occurred due to the use of Services through this App. We and FitBudd are not liable for any claims, damages or liabilities arising due any injury physical or otherwise while using our Services through this App.

8. Contact

If you have any query or grievance in relation to the use and/or protection of your personal data and/or otherwise in relation to the Platform, please contact us at ricky@fitfactoryfitness.com

9. Health Insurance Portability and Accountability Act (“HIPAA”)

Please note that neither the Trainer nor the Services are regulated by the United States federal privacy, security, or breach notification rules of the Health Insurance Portability and Accountability Act (“HIPAA”). Consequently, when using the Services you will not receive the protections of HIPAA in connection with your Personal Information.

10. Miscellaneous

This Privacy Policy and the Disclaimer provided separately form an integral part of the Terms of Use of the Platform and should be read in conjunction.

Your Personal Information and Financial Information may be stored and processed in any country where we have facilities or in which we engage third party service providers. By using the Services, you consent to the transfer of information to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of India, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices regarding your Personal Information will at all times continue to be governed by this Privacy Policy and, if applicable, we will comply with the General Data Protection Regulation (“GDPR”) and California Consumer Privacy Act (“CCPA”) requirements providing adequate protection for the transfer of Personal Information from the EU/EEA to third country.

Capitalized terms used herein and not defined shall have the meaning assigned to them in the Terms of Use.