Privacy Policy
1. OUR COMMITMENT
This Privacy Policy governs the usage, processing, and management of the personal data of users (hereinafter “User” or “Users”), collected in the context of their use of this website custombodyfitness.com (hereinafter “Website”), and the mobile application available on the App Store and Google Play (hereinafter, “App”) by Custom Body Fitness, LLC (“Custom Body Fitness®”).
Custom Body Fitness® is committed to helping you on your journey towards the perfect balance between physical health and well-being, improving the services (hereinafter “Services”) offered, and ensuring compliance with the California Consumer Privacy Act (CCPA), other applicable California laws, and relevant U.S. federal data protection laws.
The respect for your privacy, the protection of your personal data, and the compliance with the legal obligations applicable in this area are a priority for us, which is why we are committed to only processing your personal data that is strictly necessary for us to provide you with the best service, ensuring lawfulness, fairness, and transparency, and applying the best practices in the field of security and protection of personal data.
The processing of personal data implies knowledge and acceptance of the Terms and Conditions of Use of the Website and App (hereinafter referred to as the “Terms and Conditions”).
2. DATA CONTROLLER
The Data Controller of your personal data is Custom Body Fitness, LLC, based out of San Diego, CA, United States.
3. PURPOSES, LAWFULNESS OF THE PROCESSING, AND RETENTION PERIOD
We hereby inform you about the purposes and lawfulness of processing your personal data:
I. Website/App Management
Custom Body Fitness® needs to process data such as IP and location to operate the Website/APP, allowing the User to access the Services.
This data processing is based on your consent.
Your data will be stored for up to 6 (six) months after your last visit to the site and in accordance with the information provided in the Cookies Policy.
II. To provide you with the Services
Custom Body Fitness® processes your personal data, such as your personal characteristics, preferences, and daily routines, to provide you, as a User, with the functionalities that can best serve your personal goals within the scope of our Services.
We profile your preferences and fitness activity to monitor the degree of engagement in different features of our Services, so that we can offer Services more effectively and adapt features or content to match your individual usage patterns and preferences. We often decide how to improve the Service based on the results obtained from this processing.
To examine the usage patterns of visitors on the Service and evaluate the efficiency of certain advertisements, we employ Google Analytics, a web analysis program provided by Google. Through Google Analytics, we obtain information, especially regarding the data you input on our website and user interactions within the site. Google provides the option to impact the collection and processing of information generated by Google, primarily through the installation of a browser plug-in, which can be found here. Further details on how Google utilizes this information can be found here.
We use Facebook Analytics, a service offered by Facebook that provides us with a variety of analytical tools. Through Facebook Analytics, we access aggregated demographics and insights, including details on the number of app launches, user purchase frequencies, and other user interactions.
Providing you the Services also involves facilitating a smooth usage experience of the Service for you and addressing any service errors or technical issues that may arise.
The processing of this data is based on pre-contractual measures or execution of the Services governed by the Terms and Conditions of Use and, in the omission, by the general principles of law.
Your data will be kept for up to 2 (two) years after the Subscription cancellation or, if it has not been concluded, up to 6 (six) months after the start of the hiring process, without conclusion.
III. Push-up notifications and in-app messages
To keep User’s motivation and focus on achieving their goals, Custom Body Fitness® may send “push-up” notifications or “in-app” messages with reminders and messages related to the Services that have been subscribed, being able to change the default setting in your device’s settings.
This data processing is based on your consent.
IV. Payments. Management of Subscription
If you ask us to indicate your tax identification number in our subscription, for the purposes of issuing invoices for the acquisition of goods and Services, we will need to register it and subsequently transmit it to the Tax Authority, basing this processing on compliance with a legal obligation.
Custom Body Fitness® uses third-party services to process payments. Custom Body Fitness® does not store or collect your payment card data, as this information will be provided directly to payment processors.
Your data will be kept, by legal obligation, for a period of 10 (ten) years.
V. Marketing
We process your personal data to send you communications with news, campaigns, and offers, discounts or benefits, generic or targeted, via SMS and/or email.
This data processing is based on your consent and/or based on our legitimate interest if your contact has been collected in the context of a previous commercial transaction.
At any time, you may withdraw your consent or oppose the receipt of this type of communication, either through the settings of your personal account or through each communication we send you.
Your data will be kept until you withdraw your consent and/or 2 (two) years upon the last interaction.
VI. Processing of special categories of data
The User is the only responsible and mentor of his own physical and mental health.
Custom Body Fitness® processes special categories of data, e.g., Health, to aggregate into your process in relation to the physical health and well-being goals you want to achieve.
For the sake of clarity, Custom Body Fitness® is not a medical entity and will not provide you with any diagnosis or medical advice. The main goal and scope of our Services is to help the User achieve the best balance between physical health and well-being, being able to access our nutritional and training plans adapted to their needs and having a space where they can share their condition progress. As such, the information made available by our Services and our partners must be used exclusively for recreational and educational purposes, and you should always consult your doctor before starting a diet, a fitness monitoring program or if you experience any pain or discomfort.
This data processing is based on your previous consent.
Your data will be kept for up to 2 (two) years after the User’s last interaction.
VII. User support. Management of account, contacts, and complaints
We also need to process your data to respond to your requests for specialized technical support, subscriptions support, information about our Services, suggestions, complaints, or any other communication initiated by the User.
To fulfill this objective, we may transmit notifications or emails to you concerning various aspects, such as the performance of our Services, security updates, payment transactions, as well as notifications related to our Terms and Conditions of Use or this Privacy Policy.
This data processing is based on the performance of the contract (when it exists) or on our legitimate interest to respond to your communication and improve our services.
Your data will be kept for up to 2 (two) years after the User’s last interaction.
VIII. Compliance with legal obligations
We may process your data to comply with legal obligations to which we are subject, including but not limited to, tax obligations and responses to requests from competent authorities.
This data processing is based on compliance with legal obligations.
Your data will be kept for the period required by the applicable laws.
4. SHARING OF PERSONAL DATA
Custom Body Fitness® does not share your personal data with third parties, except in the following cases:
- With your explicit consent;
- To comply with legal obligations;
- To protect the rights and safety of Custom Body Fitness®, its users, and the public;
- With service providers that process data on our behalf, based on our instructions and in compliance with this Privacy Policy and other confidentiality and security measures.
5. YOUR RIGHTS
Under California law and U.S. federal law, you have the following rights regarding your personal data:
- The right to know what personal data is being collected about you;
- The right to request the deletion of your personal data;
- The right to opt-out of the sale of your personal data;
- The right to non-discrimination for exercising your privacy rights;
- The right to access your personal data and to receive it in a portable format.
You can exercise these rights by contacting us at getfitnow@custombodyfit.com
6. SECURITY OF YOUR DATA
We implement appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, and other unlawful or unauthorized forms of processing.
7. CHANGES TO THIS PRIVACY POLICY
Custom Body Fitness® may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any significant changes by posting the new Privacy Policy on our Website and App. You are advised to review this Privacy Policy periodically for any changes.
8. CONTACT US
If you have any questions or concerns about this Privacy Policy or our data processing practices, please contact us at:
Custom Body Fitness, LLC
getfitnow@custombodyfit.com
San Diego, CA, United States