AMV Fitness (referred to as “we“, “us” or “our“) is the “data controller” (i.e., the organisation responsible) for all Personal Data that is collected and used via the Platform for the purposes of data privacy laws, principles, and regulations which may apply to you (including the Data Protection Act 2018 (“Data Protection Act“), the European General Data Protection Regulation (“GDPR“), the General Data Protection Regulation of the United Kingdom (“UK GDPR“) and the Californian Consumer Privacy Act (“CCPA“)) (collectively, “Data Privacy Law“).

We may ask for and collect your Personal Data (either directly through your use of the Platform or when you communicate with us in any other way, or indirectly through our third party partners or providers) in a number of ways to provide you with the products or services that you request – please refer to Section 3 below for more information on how we use your Personal Data. We may also collect information from you automatically when you visit our Platform – for more information, please refer to our Cookie Policy available at the following webpage:

“Personal Data” has the meaning given in the Data Privacy Law applicable to you, and includes any information or opinion relating to you which allows us to identify you, such as your name, phone number, social media name or ‘handle’, postal address, email address, details of products or services you have purchased, payment details and information about your access to our website.

Specifically, we may (either directly or indirectly) collect the following categories of Personal Data:

1. First and last names, email address and date of birth (these are mandatory information which we require when opening a user account on the Platform (“User Account”));

2. Other information such as country of residence and gender, home address and telephone number;

3. Health information (as described further below) including health information generated by the devices (e.g. smart watches, heart monitors) that you connect to the AMV Fitness App;

4. Fitness/lifestyle activity data provided by you on the Platform or generated through your use of the AMV Fitness App (e.g. workouts completed, duration), including activity data generated by the devices (e.g. smart watches, heart monitors) that you connect to the AMV Fitness App;

5. Information you provide about yourself and any preferences in your User Account;

6. Information about yourself which you choose to post or share in the Forum/Group;

7. 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 Platform;

8. Payment information, such as your credit card, if you purchase something directly on the AMV Fitness Platform (like one of AMV Fitness’ e-books);

9. Information about your use of the Platform;

10. Communications with us or directed to us via letters, emails, chat services, calls, and social media;

11. Where you have selected particular services or features on the Platform (e.g. scheduling your workouts, sharing your fitness activities with friends through social media platforms), your photos, audio, contacts and calendar information, as well as your social network information (including credentials and any information from your public posts about AMV Fitness or your communications with us);

12. When you have elected to sign up and log into the Platform using a third-party account you created (e.g. through Facebook or Apple), information you have agreed to make available to us (e.g. name, email address, profile information, preferences); and

13. Your location where:

• • the IP address of your computer or device is used to determine your geographic location so that we can customise your experience on the Platform (e.g. language settings); and 
  • you elect to use location-based features on the Platform (in particular, the AMV Fitness App) and turn on the location services settings on your device or computer (e.g. GPS and/or Bluetooth) so that we can track your real-time geographic location to record your fitness activities (for example, your running route).

Health Information – Users may choose to enter health information into the AMV Fitness App, like their height or weight, or, in specific circumstances designed to protect the user, whether they are pregnant. AMV Fitness may use or otherwise infer information about your health, including information about your medical conditions or requirements, as well as data on your physical characteristics from this information.

For users in jurisdictions that require it (Europe, the UK, Australia, Canada, etc.), AMV Fitness requires explicit consent from users before they can add their health data (like height and weight) into the App. You can withdraw your consent at any time within the Profile Menu in the AMV Fitness App.

Withdrawing consent will not prohibit you from using the AMV Fitness App, but please note some functionality across the Platform, like tracking weight loss progress, will be disabled or may not function properly which may affect our ability to provide you results/feedback you want or services you may expect.

Linked Devices – Users may choose to connect a third party device (like an Apple Watch or fitness tracker) and enable that device to share location data (e.g. running route), fitness activity, or health information (e.g. heart rate, steps, water intake) it collects with AMV Fitness. You can manage what data your device shares with AMV Fitness in the settings panel or relevant application (e.g. Apple Health) on that device.

Children – Users must be of legal age in their respective countries and not under 16 years old, or you must have consent from your parent or guardian. Individuals are not allowed to sign up for a User Account on the Platform without verifying that they are 16 years or older. If you are a parent or legal guardian of a child who is under 16 years old who you believe has provided Personal Data to AMV Fitness, please contact us at the details in Section 11 if you want to exercise any of the rights available under applicable Data Privacy Law as set out in Section 6 below.

Your Personal Data may be used for the following purposes:

3.1 Provide features of the Platform and the products and services you request:

We use the Personal Data you give us to provide the Platform and the products and services you request, including: 

• • To create and set up your User Account;
  • To fulfill any orders for products and/or services that you place on the Platform, including to communicate with you about the orders and to process information for our internal accounting, billing and audit purposes;
  • If you use the Platform to track your fitness activity, we will collect and store this information so that you can review it on the Platform 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 Platform;
  • If you choose to post in the Forum/Group, the information that you share will be public information that can be accessed by anyone whether or not they are a part of the AMV Fitness community. As the information posted to the Forum/Group is public information, it will also be indexed and accessible via third party internet search engines, websites and apps. For further information about how content posted in the Forum/Group is publicly available, please refer to our

3.2 Communicate information about our products and services and for other promotional purposes:

With your consent, or as otherwise permitted by applicable Data Privacy Law, we will use your Personal Data to provide information that we believe is of interest to you, prior to, during, and after your interactions with us, including marketing communications and news concerning our products, services, events and other promotions. You can opt-out at any time after you have given your consent to such communications.

In providing tailored promotional materials to you, AMV Fitness may use the personal information collected through your use of the Platform, such as the user preferences you set and profile data you submit, any fitness activity data generated through your use of the Platform, and any medical conditions or dietary preferences that you have identified to us.

3.3 Customer service communications:

We use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us (e.g. to respond to your inquiries when you reach out to us). From time to time, we may also conduct customer surveys to gauge satisfaction with our Platform and the services and products that we provide.

3.4 Administrative or legal purposes:

We use your Personal Data to operate our business, including for statistical and marketing analysis, systems testing and to diagnose technical and service problems, maintenance and development of our Platform, or in order to deal with a dispute or claim. We may also perform data analysis based on the data we collect from you for statistical and marketing analysis purposes – for example, we may use information about how users of our Platform search for and find specific workouts to better understand the best ways to organise and present the content that we offer.

3.5 Security, health, administrative, crime prevention/detection and legal purposes:

We may use your Personal Data to verify your information and identity, and to protect against, identify and prevent fraud and other unlawful activities. We may also share your Personal Data with government authorities or enforcement bodies for compliance with legal requirements, or as otherwise required or permitted by applicable Data Privacy Law.

3.6 Other purposes:

We may also use your Personal Data in other ways, and where we do so, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Law.

We will only process your personal data where we have a legal basis to do so, which will depend on the reasons for which we have collected and need to use your personal data. In most cases we will need to process your personal data so that we can enter into contracts with you under our Terms & Conditions (when orders for products/services are made), and to fulfill the provision or delivery of goods or services to you on the Platform (including subscriptions to the Platform).

Our processing of your Personal Data for the above purposes is done pursuant to the following legal basis:

• • To comply with a legal obligation;
  • The processing is necessary for the performance of a contract with you, such as providing you with our services on the Platform;
  • If it is in our legitimate interests to do so as a business (e.g., for administrative purposes or to improve the functionality of our Platform);
  • Where you have consented to our using your personal data (e.g., for the collection of data pertaining to your health status or marketing related uses);
  • Where you have made such information public; and
  • To protect your vital interests or those of another person (e.g. in case of a medical emergency).

Where we receive your Personal Data as part of providing our services to you based on a contract, we require such Personal Data to be able to carry out the contract. Without that necessary Personal Data, we will not be able to provide our services to you.

Personal details including about your nationality or physical or mental health are considered “sensitive” Personal Data under applicable Data Privacy Law. We will process any such data only if you have given your explicit consent, or it is necessary (for instance, if you request special assistance), or if the sensitive Personal Data has been manifestly made public by you (e.g., by posting information about your health/fitness status in the AMV Fitness Forum/Group), or otherwise in compliance with applicable Data Privacy Law.

The Platform may require information about your physical health to provide certain functions or services, including when you use or interact with a wearable or other connected device that integrates with the Platform. If you choose not to provide certain health information, some functions or services within the Platform may be unavailable or not function properly.

You may withdraw your consent for AMV Fitness’s processing of your health information in the Profile Menu in the AMV Fitness App at any time. You can manage what data your device shares with AMV Fitness in the settings panel or relevant application (e.g. Apple Health) on that device. As described more fully below, you may always contact us at the details in Section 11 below with any questions or requests about your Personal Data.

4.1 Encryption and security

We follow strict security procedures in the storage and disclosure of your Personal Data, which are designed to protect it against misuse, unauthorised access, modification or disclosure and accidental loss, destruction or damage. The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting Personal Data and credit card details so that they can be securely transferred over the internet.

4.2 International transfers of your Personal Data

AMV Fitness operates businesses in multiple jurisdictions, some of which are not located in the European Union or European Economic Area (“EEA”). The Personal Data that AMV Fitness collects from users will be stored in United Kingdom and/or the United States of America and might also be shared with third party data recipients (e.g. e-commerce and logistics providers such as WordPress, and customer support providers such as Zoho) that are not located in the EEA, Australia or the United States of America. Therefore, the Personal Data that you provide to AMV Fitness may be transferred internationally to countries other than the country in which you initially provided your data.

4.3 Retention of your Personal Data

We will not retain your data for longer than is necessary to fulfill the purposes for which it is being processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it, and whether we can achieve those purposes through other means.

We also consider the periods for which we might need to retain personal data in order to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made.

In general, this means that we will likely keep your Personal Data for as long as your User Account is open. Following closure of your User Account, however, we may still retain a limited portion of your Personal Data so that we can maintain a continuous relationship with you if and when we are in contact with you again, and to comply with our internal processes and any legal obligations.

When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can fully anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.

Information that you have shared in the Forum/Group will remain public even after you have closed your Forum/Group account. Where you choose to delete content that you have posted to the Forum, the information will not be deleted from third party websites, apps or internet search engine indexes instantly as removal of the content depends on third party policies.