Privacy Policy

This Privacy Policy is effective as of 20 December 2022.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY.

If you live in certain countries, additional terms may apply to you and can be found at the end of this Privacy Policy (the "Additional Terms"). These Additional Terms override the other terms of this Privacy Policy to the extent of any inconsistency.

We are committed to protecting your privacy as a user (referred to as "User", "you" or "your"), and we take our responsibility regarding the security of your Personal Data (defined below) very seriously. We will be clear and transparent about the Personal Data we are collecting and what we will do with that Personal Data.

This privacy notice (the "Privacy Policy") describes the types of Personal Data we collect on the forcafit websites (https://www.forcafit.app, https://www.forcafititsines.app, https://www.kelseywells.app) (the “Websites”), forcafit mobile application ("forcafit App"), blog, forum (available online at https://forum.forcafit.app and via the forcafit App, "Forum"), social media pages, online shop or one of our other products or services, all of which are part of forcafit's platform (the "Platform").

You can navigate to the relevant section of this Privacy Policy by clicking on the links below:

• Who is responsible for processing your Personal Data?
• What Personal Data do we collect (including by automated means)?
• Why and how do we use your Personal Data?
• How do we protect and manage your Personal Data (including international transfers and retention periods)?
• Who do we share your Personal Data with?
• The Forum
• Your rights and choices
• Cookies
• Links to other websites
• Children
• Updates to this Privacy Policy
• How to contact us?
• Additional Terms

Who is responsible for processing your Personal Data?

The Bikini Body Training Company Pty Ltd (ACN 162 849 701) and its affiliates, including iFIT Health & Fitness, forcafit’s parent company, (referred to as "forcafit", "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 Privacy Act 1988 (Cth) ("Privacy Act"), the applicable Australian Privacy Principles under the Privacy 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 as amended by the California Privacy Rights Act and its implementing regulations ("CCPA")) (collectively, "Data Privacy Law").

What Personal Data do we collect (including by automated means)?

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: www.forcafit.app/pages/cookie-policy.

• First and last names, email address, and date of birth (this is mandatory information which we require when opening a user account on the Platform ("User Account"));
• Other information such as country of residence and gender, home address, and telephone number;
• Health information (as described further below) including health information generated by the devices (e.g., smartwatches, heart monitors) that you connect to the forcafit App;
• Fitness/lifestyle activity data provided by you on the Platform or generated through your use of the forcafit App (e.g., workouts completed, duration), including activity data generated by the devices (e.g., smartwatches, heart monitors) that you connect to the forcafit App;
• Information you provide about yourself and any preferences in your User Account;
• Information about yourself which you choose to post or share in the Forum;
• Information you provide about yourself which you choose to share with us via a free text field, for example, when completing workout reviews, giving feedback to us about your experience in the Platform, completing member surveys, etc.;
• 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;
• Payment information, such as your transaction details, if you purchase something directly on the forcafit Platform or from our e-commerce providers (e.g., one of forcafit’s e-books). Note we do not receive or store payment information for your forcafit membership itself;
• Information about your use of the Platform;
• Communications with us or directed to us via letters, emails, chat services, calls, and social media;
• 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 forcafit or your communications with us);
• When you have sent a referral link to a friend, colleague, or family member or been referred to forcafit by a friend, we may be able to identify the identity of the person who referred you or who you referred;
• Any information you share in a social media post where you tag, use a hashtag, link, or otherwise direct the post to our attention;
• 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);
• Your location where the IP address of your computer or device is used to determine your geographic location so that we can customize your experience on the Platform (e.g., language settings); and
• Internet or other similar network activity depending on your permissions. For example, browsing identifiers, advertising ID, cookie identifiers, information on your interaction with the website, or advertisement.

Health and Sensitive Information

Users may choose to enter health information into the forcafit App, like their height or weight, or, in specific circumstances designed to protect the user, whether they are pregnant. If users choose to participate in a pregnancy-related survey or workout program, they may also provide sensitive information about their health and pregnancy.

Some of the Platform’s functionalities (e.g., free text fields) may allow a User to enter information the User wants to share with forcafit that could be of a sensitive nature. These free text fields may appear completing workout reviews, submitting feedback on your experience of the Platform, or when completing customer surveys. Users may also choose to share potentially sensitive information when interacting with our support team.

forcafit 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 forcafit requires explicit consent from users before they can add their health data (like height and weight) into the App or otherwise submit sensitive information to forcafit. Users may always withdraw your consent to the processing of your sensitive information.

You can withdraw your consent for the processing of health data you entered into the App at any time within the Profile Menu in the forcafit App or by contacting us using the contact information in Section 11 below. If you provided forcafit with consent to process any other sensitive information, or you’re unsure about how to withdraw consent or about what information you did provide, please contact us using the contact information in Section 11, below. Withdrawing consent will not prohibit you from using the forcafit App, but please note some functionality across the Platform, like tracking weight loss progress, could be disabled or may not function properly.

Linked Devices

Users may choose to connect a third-party device (like an Apple Watch or fitness tracker) and enable that device to share your fitness activity or health information (e.g., heart rate, steps, water intake) it collects with forcafit. You can manage what data your device shares with forcafit at any time within the Apple Health or Google Fit application on your device.

To learn more about how you can manage what data your Apple device shares with forcafit, please refer to this page.

To learn more about how you can manage what data your Android device shares with forcafit, please refer to this page.

Why and how do we use your Personal Data?

Your Personal Data may be used for the following purposes:

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

• To create and set up your User Account;
• To fulfill any orders for products 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, the information that you share will be public information that can be accessed by anyone whether or not they are a part of the forcafit community. As the information posted to the Forum 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 is publicly available, please refer to our Forum Community Guidelines; or
• To offer you personalized workout recommendations based on your previous interactions with the Platform.

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 and recommendations 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, forcafit 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 organize 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.

How do we protect and manage your Personal Data (including international transfers and retention periods)?

4. 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, unauthorized 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

forcafit operates businesses in multiple jurisdictions, some of which are not located in the EU, EEA, or the UK. The Personal Data that forcafit collects from users will be stored in Australia 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 Shopify, and customer support providers such as Zendesk) that are not located in the EEA, UK, Australia, or the United States of America. Therefore, the Personal Data that you provide to forcafit may be transferred internationally to countries other than the country in which you initially provided your data.

While countries outside the EU, EEA, and the UK do not always have strong data privacy laws, we take measures to protect your Personal Data as described in this Privacy Policy and in compliance with applicable Data Privacy Law. We also require all third party data recipients (including our service providers) to process your information in a secure manner and in accordance with the GDPR and other applicable Data Privacy Law (e.g., through the signing of the EU Standard Contractual Clauses). If you have further questions about this or would like to request to view copies of the applicable safeguards (where required), please contact us at the details in Section 11 below.

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 minimize over time the personal data that we use, and if we can fully anonymize 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 will remain public even after you have closed your Forum 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.

Who do we share your Personal Data with?

We share your Personal Data with the following types of third parties:

• Service Providers: We may share your Personal Data with third-party service providers who perform services on our behalf, such as payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
• Business Transfers: If forcafit is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred.
• Legal Requirements: We may disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
• With your Consent: We may share your Personal Data with other third parties when you have given us explicit consent to do so.

The Forum

The ForcaFit Forum is a dedicated place for women to share their experiences, gain knowledge, find inspiration, and develop encouraging friendships during their health and fitness journey. Many women believe the key to reaching their fitness goals lies in having support and advice along the way, and we agree!

We encourage users to post content that is helpful throughout a health and fitness journey. We ask that you be respectful and supportive of one another as we each strive to reach our goals and become happier and healthier!

In order to help us all achieve this, we have a few simple guidelines we ask all users to adhere to. These guidelines form part of the Terms of Use. Please also refer to our Privacy Policy.

General Rules

• Always be polite and respectful towards others.
• Profanity is discouraged and will be moderated.
• No bullying/harassment or malicious comments.
• Don’t post anything illegal, offensive, or NSFW (e.g., inappropriate photos, illegal supplements, etc.).
• Don't post pro-anorexia/suicide/self-harm related content.
• Don’t post links to other sites that violate the forum guidelines.
• Spam, commercial advertising, and self-promotion will not be tolerated.
• Use your discretion when posting personal information about yourself– do not post anything that you wouldn't be happy sharing publicly online; this is not a private forum and this information can be accessed by anyone at any time – see the section 'Sharing Information in the ForcaFit Forum' below for further details.
• We encourage healthy conversation and constructive debates but discourage arguments or content that is inflammatory.
• ForcaFit does not endorse anything posted by Forum Users and has no responsibility for how the information that you choose to post in the Forum is used.

Sharing Information in the ForcaFit Forum

The Forum is a public forum, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.

Always remember that when you share content in the Forum, other people can screenshot or reshare that content. As the Forum is public, information posted in the Forum may be searchable via third-party internet search engines (such as Google), websites, and apps.

If you do choose to share information which can be linked to you, be careful about what you post. We recommend that you do not post sensitive personal information that can be linked back to you or anybody else. Remember to use your discretion when posting in a public forum.

Do not share personal information about other people or content that you do not have the right to share in the Forum. We have no responsibility over the information that you choose to post in the Forum.

Remember that if you choose to use your real name for your Forum username, then your posts can be linked back to you personally. If you choose to link your Instagram name to your Forum account, then it will be possible for people to find your Instagram page via the Forum and link your Forum posts back to you personally.

Your rights and choices

You have the following rights regarding your Personal Data:

• Access: You can request access to the Personal Data we hold about you.
• Correction: You can request correction of any inaccurate Personal Data we hold about you.
• Deletion: You can request deletion of your Personal Data, subject to certain exceptions.
• Restriction of Processing: You can request that we restrict the processing of your Personal Data.
• Data Portability: You can request a copy of your Personal Data in a structured, commonly used, and machine-readable format.
• Objection: You can object to the processing of your Personal Data for certain purposes.
• Withdraw Consent: If we are processing your Personal Data based on your consent, you can withdraw that consent at any time.

To exercise any of these rights, please contact us using the information provided in the "How to contact us?" section below.

Cookies

We use cookies and similar tracking technologies to track the activity on our Platform and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Platform.

Links to other websites

Our Platform may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children

Our Platform does not address anyone under the age of 16 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Updates to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Platform, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

How to contact us?

If you have any questions, feedback, or complaints, please contact the ForcaFit team at the following email address: support@forcafit.app. Alternatively, you can contact the ForcaFit team by completing a contact form available at this webpage or through the chat function on the ForcaFit website.

Additional Terms

Canada

Section 3.6 (Other purposes) is replaced with the following: "We may also collect, use and disclose your Personal Data in other ways, and where we do so, we will obtain your further consent".

We will only process your personal data where required to operate the Platform, provide you with products and services, and to operate our business, including for the purposes outlined in this Privacy Policy and our Terms of Use. In most cases, we will need to process your personal data so that we can enter into contracts under our terms of use (when orders for products are made), and to fulfill the provision or delivery of goods or services to you on the Platform (including subscriptions to the Platform).

In addition to the purposes set out elsewhere in the policy, forcafit may collect, use and disclose your Personal Data for marketing and analytics purposes, including to display targeted advertising, based on your interests as inferred from web activity, when you visit other sites around the web or as you use various social media platforms. Please see our Cookie Policy for further details, including how you can control the use of your Personal Data for targeted advertising purposes.

By using the Platform or otherwise providing us with your Personal Data, you agree to the collection, use and disclosure of your Personal Data as set out in this Privacy Policy.

We may also collect, use and disclose your Personal Data without your consent, as required or permitted by applicable Data Privacy Law, such as to use or disclose your Personal Data in the case of an emergency that threatens the life, health or security of you or another individual.

Section 4.2 (International transfers of your Personal Data) is replaced with the following: "forcafit operates businesses in multiple jurisdictions, some of which are not located in your country of residence. The Personal Data that forcafit collects from users will be stored in Australia and/or the United States of America and might also be stored or processed through third party service providers (e.g., e-commerce and logistics providers such as Shopify, and customer support providers such as Zendesk) in other countries. Therefore, the Personal Data that you provide to forcafit may be transferred internationally to countries other than the country in which you initially provided your data".

When transferring Personal Data to a third party service provider, or outside of your home country, we take measures to protect your Personal Data as described in this Privacy Policy and in compliance with applicable Data Privacy Law. Using contractual and other means, we also require all third party data recipients (including our service providers) to process your information in a secure manner and in accordance with the applicable Data Privacy Law in your country of residence. However, when stored or processed in another country, your Personal Data will be subject to the applicable Data Privacy Law of that country, which may not provide the same protections as the applicable Data Privacy Law in your country of residence. If you have further questions about this or would like to request to view copies of the applicable safeguards (where required), please contact us at the details in Section 11 below.

The section dealing with the payment of a fee to access your Personal Data in Section 6 is replaced with the following: "While you will generally not be required to pay a fee to access your Personal Data or to exercise any of your other statutory rights, where permitted by applicable Data Privacy Law, we may charge a reasonable fee if your request for access would require an exceptional amount of effort, or may decline to comply with frivolous or vexatious requests".

California, United States of America

The provisions in this Section are intended to fulfill the requirements of the California Consumer Privacy Act as amended by the California Privacy Rights Act and its implementing regulations ("CCPA") and shall apply to Users who are resident in California.

Prenatal and Post-Pregnancy Program Addendum

These provisions apply when you participate in the Prenatal Workouts or Post-Pregnancy Workouts offered by ForcaFit on the Platform. If you do not agree to these provisions, you must not participate in the Prenatal Workouts or Post-Pregnancy Workouts.

1. Specifically, when participating in any of the Prenatal Workouts or Post-Pregnancy Workouts, you represent, warrant, and acknowledge the following:
   1. You are participating in the Prenatal Workouts or Post-Pregnancy Workouts entirely at your own risk and acknowledge that if you make any modifications to the Prenatal Workouts or Post-Pregnancy Workouts while participating in the Prenatal Workouts or Post-Pregnancy Workouts, or if you undertake, while pregnant, any ForcaFit Program or workout not recommended by ForcaFit, you also do so entirely at your own risk. In addition, you understand that, in participating in the Post-Pregnancy Workouts, there is (amongst other potential health risks) a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post-birth). You acknowledge that these matters can all be affected by the pace, frequency, and nature of exercise that you engage in before, during, and post-pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the Prenatal Workouts or Post-Pregnancy Workouts;
   2. You have obtained and relied on the medical clearance of your doctor, physician, obstetrician, or other medical professional in determining to participate (and once commenced, to continue participating in) the Prenatal Workouts or Post-Pregnancy Workouts;
   3. The Prenatal Workouts and Post-Pregnancy Workouts are provided for informational purposes only. You acknowledge that any instruction, information, or guidance contained in the Prenatal Workouts or Post-Pregnancy Workouts is not a substitute for medical advice, consultation, and/or medical treatment from your doctor or healthcare provider. You should not delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of any instruction, information, or guidance contained in the Prenatal Workouts or Post-Pregnancy Workouts.
   4. ForcaFit makes no representation or warranty that any particular fitness, nutrition, or health program is suitable, safe, or adequate for any particular User. Accordingly, ForcaFit is not aware of and cannot determine your individual suitability for the Prenatal Workouts or Post-Pregnancy Workouts. To the maximum extent permitted by Applicable Laws, you will indemnify ForcaFit and the Associated Parties and hold them harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs, or expenses including reasonable attorneys' fees, in any way arising out of, in relation to, or in connection with directly or indirectly:
      1. your participation in the Prenatal Workouts or Post-Pregnancy Workouts; or
      2. your breach of any of the provisions of this Prenatal and Post-Pregnancy Program Addendum;
   5. Any information provided by you to ForcaFit in connection with the Prenatal Workouts or Post-Pregnancy Workouts, including the fact that you have received medical clearance to participate in the Prenatal Workouts or Post-Pregnancy Workouts, is true, and you further acknowledge that ForcaFit has relied on this representation in order to make available to you the ability to participate safely in the Prenatal Workouts or Post-Pregnancy Workouts;
   6. You are responsible for your own safety and are participating in this fitness activity at your own risk. You will not exceed the exercise recommended by your physician or healthcare provider. You know that you need to stop exercising immediately and seek medical advice if at any time during or after having undertaken any exercise as part of the Prenatal Workouts or Post-Pregnancy Workouts, you experience faintness, dizziness, pain, discomfort, bleeding, or shortness of breath, feel generally unwell, or experience pain or discomfort, lower back or abdomen pain, or any other form of pain or symptoms (including without limitation any symptoms that your doctor, physician, obstetrician, or other medical professional advised you of prior to engaging in the Prenatal Workouts or Post-Pregnancy Workouts, or at any time thereafter).