HIIT Builder Lite Privacy Policy

1. Introduction
2. Information we collect
3. The Company’s use of Information
4. Disclosure of Information to Third Parties
5. Consent
6. For how long do we store your Information?
7. International Data Transfers
8. User’s rights
9. Security and protection of the Information
10. Links to third parties’ websites
11. Cookies
12. Third Party Advertising and Analytics – Interest Based Ad Disclosure
13. Privacy for underage users
14. Governing Law and Jurisdiction
15. Privacy Policy changes

1. INTRODUCTION

This Privacy Policy applies to the HIIT Builder Lite app (hereafter The App). The app was developed by Mom Pop Company and Luova Solutions, LLC, located in Utah, United States of America (hereafter The Company). This Privacy Policy explains how The Company collects, uses, stores, shares and treats your Personal Information, and/or any other information belonging to or about users (jointly referred to as “Information”.) By Personal Information we understand any and all information used to identify you.

By accessing and/or using The App, you consent to the collection, transfer, operation, storage, disclosure and other uses of your information as described in this Privacy Policy.

If you have any doubts about this Privacy Policy or how The Company uses your Personal Information, cookies or similar technologies, please contact Luova Solutions, LLC at info@hiitbuilderapp.com, or else stop using the The App altogether.

As set out in the Terms and Conditions regarding The App, you must be at least of legal age to access and/or use The App, or, if it is legally permissible in your state or country, you must have your parents or legal guardian’s consent and their agreement to this Privacy Policy to access and/or use The App.

If you are located in the European Union, you must be 16 years of age or older to access and/or use The App. If you are younger than 16 years old, you must have your legal guardian’s consent and only if your guardian agrees to this Privacy Policy in order to access and/or use The App. For some countries, when the applicable National Law allows it, users under 16 will be able to access The App, as long as they are at least 13 years old.

2. INFORMATION WE COLLECT

The Company, in order to provide The App, receives and deals with user Information as follows:

2.1 Information you provide when you communicate with The Company via email, mail, phone, social media, etc. The App does not allow you to send Personal Information directly to The Company.

2.2 Information The Company obtains automatically: The Company collects information of the user and on how The App is used , of your interactions with The Company and its advertising, as well as information about the electronic device used to access or use The App (such as, mobile phone or tablets). This information includes:

• When you interact with The Company, including messaging and chatting with The Company, The Company collect every comment, communication and chat between you and The Company.
• When you ask for assistance from The Company’s customer support, the contact information you provide will be collected.
• The Company may also determine location by using other data from your mobile device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address,  to deliver ads that relate to your interests, and/or improve and customize The App’s ads, for example, with more relevant content and suggestions for users. Our advertising partners may obtain location information as described in the section “Third Party Advertising and Analytics” later in this document. If you do not want our advertising partners to collect location information from your mobile device, please follow the instructions in Section “12.3” below.

3. The Company’s USE OF INFORMATION

You agree that The Company, its Service Providers and/or its Advertising Partners, on The Company’s behalf, may use the information they collect for the purposes of:

• providing, personalizing and improving The App and advertising (including third party products and services) available in The App or other places;
• showing you advertising from The Company’s partners and others that might be of interest to you;
• contacting you as part of customer support; to send you updates or information about The App;
• improving The App, research, surveying, and engaging with you, for example, by sending you communications for these purposes;
• marketing and promotion of The App or products, either for direct or third parties commercial purposes;
• personalizing and optimizing The App, promotional content and/or advertising;
• preventing and detecting fraud;
• creating reports, analysis or similar services for the purposes of research or business intelligence.

4. INFORMATION COMMUNICATION WITH THIRD PARTIES

The Company may share your Personal Information with:

• Service Providers. The Company may establish a business relationship with other businesses that The Company believes trustworthy and who have confirmed that their privacy practices are consistent with The Company’s (“Service Providers”). For example, The Company may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions and to process payments and purchases authorized by you. The Company only provides its Service Providers with the information necessary for them to perform these services on The Company’s behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by The Company.
• Third parties and general public. By using the Site or the Services you may be making certain Personal Information available to others.  When you submit content to The Company (including questions and answers) you grant The Company permission to use that content for any and all purposes, including publicly posting and distributing that content through The App or The Company’s website or outside The App through third parties.
• Advertising Partners and publicists help The Company with promotional efforts that allow The Company to provide The App for free. As described in “Section 12 regarding “Third Party Advertising and Analytics – Interest Based Ad Disclosure”, The Company’s advertising partners will be able to collect advertising identifiers and other Personal Information in order to provide you with ads based in your interests.
• Compliance with Laws and Law Enforcement, and Protection of The Company Site, The App and Others. The Company may disclose your Personal Information to the extent reasonably necessary to comply with a law, regulation or legal request made by competent agencies. The Company may access, read, preserve, and disclose your Personal Information, your non-personal information, records of emails, phone calls, social media contacts, any content you post or upload to The Company’s social media profiles, and any other information about you, to government or law enforcement officials or private parties, if in The Company’s sole discretion, The Company believes it to be necessary or appropriate in order to (i) satisfy any applicable law (including court orders and subpoenas), (ii) investigate potential violations of, or enforce, the Company’s Terms of Service (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the safety, property, or rights of the Company, its users, or of any third party, or (vi) prevent or stop any illegal, unethical, or legally actionable activity.
• Anonymized or Aggregated Information. The Company may use and share aggregated and/or anonymized information about users with third parties. You cannot be personally identified from such information.
• Other communications. The Company may share information (including Personal Information and other information and data about users) with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

You acknowledge that you have no expectation of privacy for or concerning any of the above information, including content you submit to us (including questions and answers) or your use of these features of the Site or the App.

If you are a California resident, please see section 8.3 titled “Your California Privacy Rights” for more information.

5. CONSENT

The legal basis for the treatment of the personal data described in this Privacy Policy will depend on the personal data implicated and the specific context in which we collect and use it. We can treat Information on the basis of:

• The need of such treatment for the execution of the contract subscribed with the user (to provide the App).
• Our legitimate interest, as long as it does not conflict with your data protection interests or with your basic rights or liberties (statistics implementation, to get a better understanding of our needs and for the improvement of the App).
• In some cases, the legal obligation to collect your personal data.

In any case, when accessing and/or using the Company’s Services or the App, you consent to our:

• Collecting, storing, using, sharing and performing any other action on your Personal Information, even for advertising purposes, according to this Privacy Policy.
• Transmitting your Personal Information outside of your country of residence.
• Using of cookies and other similar technologies.

6. FOR HOW LONG DO WE STORE YOUR INFORMATION?

The Company may keep the Information (including Personal Information) for as long as is necessary to fulfill the purposes for which it was collected or, even after you have discontinued or deleted any account, or after the end of the provision of the App, if retention of such Information is reasonably necessary to comply with legal obligations, meet regulatory requirements, resolve disputes between users, prevent fraud, for backup, archival, and/or audit purposes, protect the Company’s rights or property, or any other use

How long do we store your information if you reside in Europe?

To determine the period of time the Information is stored, we consider the following:

• For Information collected for the purpose of providing the App, sending updates or information about it: until the App is removed from your device(s);
• For Information collected when consenting to receive commercial communications and advertising: until the subscription is canceled or you demand that it be eliminated.
• We may store some Information to comply with our legal obligations, as well as to manage our rights (for example to defend our claims in court) or for statistical or historical purposes.
• Your personal data will be erased from our system and registry when we no longer need to make use of it, or it will be anonymized so that we can no longer identify it.

7. INTERNATIONAL DATA TRANSFERS

Your Personal Information may be transferred, and stored in servers located outside of your country of residence, to third party countries outside of the European Economic Area (EEA), including countries in which privacy laws are not as strict as those in your jurisdiction.

Personal data may also be transferred to the United States or other countries to be processed. Whenever we transfer your Information to another jurisdiction, we make sure that the international transfer of data is done in accordance with applicable law.

Irrespective of which country you reside in or supply information from, you authorize the Company to store and/or use the Information according to this Privacy Policy in any country where the Company may operate.

8. USER RIGHTS

8.1 User’s Rights

You can opt out of receiving certain marketing e-mails by using the unsubscribe option contained within those emails. However, you cannot opt out of receiving all e-mails from us. However, information that you have shared via the App on any social network or third party platform may not be amended or deleted where it is in the control of a third party network and/or platform.

This Privacy Policy does not intend to limit any legal defenses or objections that you may have to a third party, including a government’s request to disclose your Information.

If you have questions or concerns regarding this Privacy Policy, please e-mail us at info@hiitbuilderapp.com.

8.2 Rights of Users located in Europe: As owner of the Personal Information which we collect and process, you have the following rights:

• Right to be informed: right to obtain information that is clear, transparent and easy to understand about the manner in which we use your personal data and about your rights; information that we provide in this Privacy Policy.
• Rights of access: you have a right to access and obtain a copy of the information we have about you, within certain legal bounds.
• Right to rectification: right to have us rectify your data should it not be right or complete.
• Right to erasure or ‘right to be forgotten’: right to have your personal data erased or eliminated when, among other reasons, your data is no longer necessary for the purposes for which it was collected. However, the Company could have legal or legitimate reasons to keep it.
• Right to object processing of your data under specific circumstances, such as, targeted advertising, including profiling.
• Right to withdraw consent given at any moment when the treatment is based upon consent.
• Right to restriction of processing: you have a right to request the restriction of the processing of your data in those cases legally established. Likewise, whoever is responsible for the processing may limit it when you have objections regarding the accuracy of your personal data, only during the time-frame which allows them to verify said accuracy, or if you request your Right to object processing, while such demand is being verified.
• Right to data portability: you have a right to move, copy or transfer the data that you have provided in a structured, commonly used and machine-readable format from our database to another one. It is only possible to exercise this right for provided data, when the treatment is based on the execution of a contract or based on consent, and the processing is done through automatic means.
• Right to file a claim to the corresponding Authority of Control if you consider your data is not being treated in accordance with applicable law.

To exercise any of the user rights, European residents must submit a written request with the following information: full name, contact address where we can send notifications, copy of ID or Passport and the claim of the request. In the case of a legal guardian or other type of representation, such representation should be proven with the corresponding legal document.

Email address for these purposes: info@hiitbuilderapp.com

9. SECURITY AND PROTECTION OF INFORMATION

The Company takes appropriate technical and organizational measures to protect information against all unauthorized alteration, loss, destruction, treatment, or access, as well as any other form of illegal treatment of Personal Information.

However, no data storage or transmission over the Internet or other network can be guaranteed to be 100% secure. Accordingly, the Company does not guarantee that the Information will not be accessed, disclosed, altered or destroyed by breach of any of the aforementioned safeguards.

10. LINKS TO THIRD PARTIES’ WEBSITES

In the App you may find links to third party websites. You understand that when you click on these links any data which you provide afterwards is subject to that third party’s privacy policy and not to the Company’s. Consequently, the Company takes no responsibility for the content, safety or security of any third-party website and recommends these third parties’ policies to be consulted before sending personal data to third party websites.

11. COOKIES

By accepting the present Privacy Policy, by accessing and/or using the App, you accept the use of cookies and other similar technologies by the Company, as well as by third parties such as our advertising partners. These third parties can place and read cookies and other similar technologies, such as device identifiers, web beacons and tracking pixels, which collect the information whenever you make use of the App.

These technologies are used to provide the App to the users, offer advertising that is of interest to them, and improve the App, making it easier to use our applications and our web platform.

What are cookies?

Cookies and these other technologies are small files or devices that are downloaded into the computer or device, for instance, a mobile device, that you use to access and/or use certain websites or online services. Cookies are used to store and retrieve data on your surfing habits, your device, your connection time, to analyze the operation of the website, etc., in order to provide certain services, offer advertising or implement improvements or new services.

What kinds of cookies do we use?

The Company and other third parties use the following cookies:

• Technical cookies: they allow users to surf through a website, platform, or application and use the different options or services therein, such as controlling the exchange and communication of data, identifying the session, accessing restricted access sites, using security elements while navigating, storing content to broadcast video or audio, or sharing content through social networks.
  Our advertising partners may use this type of cookies to recognize your device, for example by identifying your IP address, and to collect data such as your device’s model, operating system and screen size, other applications installed on your device, time and date, subject of advertisements you clicked or scrolled over.
• Advertising cookies: they allow management of advertising included by third parties, such as our advertising partners, in a web platform or the App. These cookies are used to limit the frequency and organize how users receive these ads.
• Behavioral advertising cookies: they allow management of advertising included in a website, application, or platform. These cookies store information on user behavior that is obtained through continuous observation of their surfing habits, which allows profiling to display advertising that might be of interest to the user.

Third parties such as our advertising partners may use cookies in and outside of the App for the aforementioned purposes, which include the collection of your information regarding online activity in the different sites, and the use of that information to provide ads in the App or in other sites about products and services that may be of interest to you.

In particular, the Company uses the following third party cookies to collect information with statistical purposes about your use of the web platform and to include advertising in the App:

• Google Analytics of Google, Inc., is a company whose headquartered in 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, which is used to provide statistics and analysis about the number of visits, their duration, your socio-demographic data (language, location, Internet supplier…), etc.
• AdSense and AdMob, are divisions of Google, Inc. which are used to provide generic and targeted ads that may be of interest to you while you are using the App.

You may allow, block or disable the cookies installed in your device in your browser settings on your computer or mobile device. Internet browsing settings are usually preset to accept cookies by default, but they can be easily deactivated by changing the browser’s settings.

Cookies are used to improve the Sites and apps’ usability and functionality, therefore, if you wish to deactivate said cookies, some of the App’s features may not work correctly. Alternatively, if you do not wish such data collection as described in this section, you must stop using the App.

Here are some useful links with instructions on how to delete, enable and manage cookies depending on the browser you use:

• Google Chrome
• Microsoft Internet Explorer
• Mozilla Firefox
• Safari (Apple)

12. THIRD PARTY ADVERTISING AND ANALYTICS – INTEREST BASED AD DISCLOSURE

12.1 Advertising Partners and Interest Based Advertising: We allow advertising on our free App so we can continue to offer the App for free. Our advertising partners may collect advertising identifiers (such as the Apple Identifier for Advertising (IDFA) or the Google Advertising ID (AAID)) to enable and optimize their advertising, to deliver tailor ads related to your interests (“ Interest-Based Advertising ” or “ IBA ”), and to improve and measure the effectiveness of ad campaigns. These identifiers are non-permanent, non-personal, device identifiers. As explained in Section 11 above regarding the use of “Cookies”, advertisers and third parties may also place and collect cookies and other anonymous identifiers. Third parties, such as our advertising partners, may collect information about your online activities over time and across different web sites and may use that information to provide advertisements on other websites about goods and services likely to be of interest to you.

Our Systems do not recognize browser “Do Not Track” signals, but several of the third-party companies described above enable you to opt out of targeted advertising or, otherwise, you may opt out of having certain Personal Information collected in accordance with the provisions in section 12.3.

12.2 The Company complies with the Digital Advertising Alliance’s suite of Self-Regulatory Principles (DAA Principles). You can opt-out from receiving targeted ads/Interest-Based Advertising by the Company or served on its behalf: To learn more about these advertising practices or to opt out of this type of advertising you can visit Network Advertising Initiative or WebChoices or Your Online Choices.

In Android operating systems, you may opt out of IBA. To do this, open the “Google Settings app” from your app drawer, tap on “Ads”, and select “Opt-out of Interest-based ads” (//developer.android.com/google/play-services/id.html)

Please note that this will block your phone from receiving tailored ad recommendations across your device.

In iOS operating systems, you may opt out of IBA by clicking on “Settings”, select “Privacy”, then “Advertising” and toggle “Limit Ad Tracking” to “ON” (https://support.apple.com/en-us/HT202074)

The following is part of the list of our Advertising Partners and their Privacy Policies:

• Google: https://policies.google.com/privacy

Contact info@hiitbuilderapp.com if you wish to receive a complete and updated list of our Advertising Partners.

12.3 ADVERTISING PARTNERS MAY COLLECT PRECISE AND APPROXIMATE LOCATION INFORMATION:

As explained in Section 2.2, we may collect precise or approximate location information. In addition, we allow advertising on our free App so we can continue to offer the App for free. When you activated the App, you gave your consent that our advertising partners may collect precise or approximate location information from your mobile device and may use this information in order to provide you location and interest-based advertising. Your mobile device may allow you to opt out of the collection of Precise Location Data by us and by our advertising partners, as further described below.

iOS – In order to disable the collection of Precise Location Data on iOS, you may turn Location Services off for the App via the menu “Settings” > “Privacy” > “Location Services”. Then select the App and set the “Share My Location” status to “Never”. Please see additional information from Apple here: https://support.apple.com/en-us/HT203033.

Android (6.0 / Marshmallow and higher) – In order to disable the collection of Precise Location Data on Android, you may turn Location off for the App via the menu “Settings” > “Apps” > [the App] > “Permissions” > “Location”. Then turn off the “Location” button.

13. PRIVACY FOR UNDERAGE USERS

Our Services are intended for a general audience and are not directed to children.

13.1 COPPA. The Company does not intend to collect personal information of any children under 13 (“Children’s Personal Information”) in a manner that is not permitted by the U.S. Children’s Privacy Protection Act (“COPPA”). If you believe we have collected or are using a Child’s Personal Information, or that your child under 13 years of age has misidentified his or her age, please contact us at info@hiitbuilderapp.com and we will discontinue that account and remove associated Children’s Personal Information to the extent required by COPPA.

13.2 European Personal Data Protection Law.  If you believe we have collected or are using a minor’s Personal Information, or that your child under 16 years of age, or, if applicable, 13 years of age, has misidentified his or her age, please contact us at info@hiitbuilderapp.com and we will discontinue that account, and remove the associated minor’s Personal Information.

14. GOVERNING LAW AND JURISDICTION

14.1 Residents of the United States. For residents of the United States, this Privacy Policy will be governed by and construed in accordance with United States federal law and the laws of the State of New York, without giving effect to any conflict of laws, rules or provisions. THIS POLICY IS A PART OF OUR TERMS OF SERVICE AND AS SUCH, ANY DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY OR YOUR USE OF THE SITE OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN OUR TERMS OF SERVICE.

Should any court of arbitration or any other competent authority find any of the provisions in this Privacy Policy to be void or unenforceable, it shall not affect the rest of the terms in this Privacy Policy.

14.2 Users located in Europe – BINDING ARBITRATION: These provisions apply to Users who access, download and use the App in any Member State of the European Union, and to the extent that his or her jurisdiction allows it. THIS POLICY IS A PART OF OUR TERMS OF SERVICE AND AS SUCH, ANY DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY OR YOUR USE OF THE SITE OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN  OUR TERMS OF SERVICE.

Should any court of arbitration or any other competent authority find any of the provisions in this Privacy Policy to be void or unenforceable, it shall not affect the rest of the terms in this Privacy Policy.

14.3 Residents of Other Countries This Privacy Policy shall be governed by and construed in accordance with the laws of the United States. All claims, legal proceedings or litigation arising out of or relating to this Policy, the Site or Services except as stated in our TERM OF SERVICE, will be brought solely in the relevant courts located in the city of Sandy, Utah, United States of America. You consent to the jurisdiction of and venue in such courts and waive any objection as to the inconvenience of the forum.

Should any court or other competent authority find any of the provisions in this Privacy Policy to be void or unenforceable, it shall not affect the rest of the terms in this Privacy Policy.

15. PRIVACY POLICY CHANGES

The latest version of the policy will govern the use of the Information and will be https://hiitbuilderapp.com/hiit-builder-free-privacy-policy/

The Company may, occasionally and at its discretion, revise and amend this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the newly revised Privacy Policy on the Site. The Company may also, but is not required to, notify you of changes to the Privacy Policy via email to the email address associated with your account or by displaying a message in the App or to social media.

If you object to any changes to the Privacy Policy, you should immediately stop using the App and close any related accounts. By continuing to access or use the App after changes become effective, you agree to be bound by the newly revised Privacy Policy.