EarnedNotGiv3n, Inc. (“EarnedNotGiv3n”, “we”, “us”, or “our”) respects your privacy and takes your privacy very seriously. This Privacy Policy (“Privacy Policy”) describes our privacy practices, including the types of personal information we obtain, how we use this personal information, with whom we share it and the choices available regarding our use of the information. This Privacy Policy also describes the measures we take to safeguard the personal information and how you can contact us about our privacy policies.

​

This Privacy Policy applies to the personal information we obtain when you interact with EarnedNotGiv3n, including but not limited to when you visit and use [website] and any other mobile apps, online services or platforms of EarnedNotGiv3n on which this Privacy Policy is included or linked (collectively, the “Sites”).

​

This Privacy Policy does not apply to personal information we collect by other means (including offline) or from other sources.

EarnedNotGiv3n relies on collecting information, including personal information, from you to produce personalized workout plans that are customized for your specific body type, fitness level, training or fitness goals, and are practical given your schedule and resources. “Personal information” means any information that relates to an identified or identifiable individual.

Our main purpose in collecting such information is to provide you with an excellent service and overall user experience. We strive to maintain transparency and will not use or share your personal information with anyone except as described in this Privacy Policy.

​

INFORMATION WE COLLECT

​

The types of personal information we collect include:

• Contact information, such as name, email and postal address and phone number.

 

• Login credentials (e.g. username and password).

 

• Payment and financial information, such as your credit/debit card number, expiration date and security code, bank account number, and billing address.

 

• Demographic information such as date of birth, age, and gender identity or expression.

 

• Information and data regarding your fitness, health, nutrition, activities, biological characteristics, and training goals, programs and progress.

 

• Images and videos.

 

• The geolocation of your device if you consent to the collection of this data.

 

• Social media handles, content and other information that you post to our social media pages or tag us on your social media pages, and information we obtain from third-party social media services (e.g., Facebook) if you choose to link to, or create or log in to your EarnedNotGiv3n online account through, these services.

 

• Information from third-party fitness devices, apps or services or from our third-party partners’ sites, apps, products, services or offerings (the foregoing, collectively “Connected Accounts”), if you choose to connect any of the foregoing to your EarnedNotGiv3n account or our Sites, or if you chose to use your EarnedNotGiv3n account to log into or validate your account with any Connected Account.

 

• Other information you provide to us, including through emails and other communications, surveys, information or content transmitted or uploaded through your EarnedNotGiv3n account (such as posts to message boards).

​

In many cases, we will collect the personal information described above directly from you. In some cases, however, we will collect the information from other sources, such as:

​

• Business partners: we may obtain your information from other businesses with which we partner to provide you with products, services or offers we believe may be of interest to you, including through any Connected Accounts.

 

• Friends and family: we may obtain your information from your friends and family, such as when they refer to you our products, services or other offers.

 

• Other sources: we may obtain information from other sources such as publicly available databases, joint marketing partners, social media platforms, consumer data resellers, online advertising companies, and vendors who provide services on our behalf.

​

INFORMATION WE OBTAIN BY AUTOMATED MEANS

​

When you interact with our Sites we may obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

​

These automated technologies collect information about your equipment, devices, internet connection, browsing actions, and usage patterns. The information we would obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, browsing history, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Sites. We may also obtain information about how you interact with the Sites, such as features and pages you visit, search queries, and download errors. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the products and services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services.

​

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. If you do not want us to use cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html.  Please note, however, that without cookies you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device

 

Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. At this time, our Sites are not designed to respond to DNT signals or similar mechanisms from browsers. For information about Do Not Track, please visit: www.allaboutdnt.org.

EarnedNotGiv3n may use third party products or services to help understand and analyze your use of the Service. We may use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://policies.google.com/technologies/partner-sites and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 

 

HOW WE USE YOUR INFORMATION

​

We may use the personal information we obtain about you to:

​

• Operate, maintain, enhance and provide features of the Service.

 

• Provide services, products, information that you request and other offerings to you, to respond to comments and questions and otherwise provide support to users. 

 

• Provide a seamless and integrated experience across Connected Accounts.

 

• Contact you for administrative and informational purposes.  This may include providing customer service or sending communications, including changes to our terms, conditions and policies.

 

• Establish, manage and administer your account with us, including verifying customer information and carrying out billing functions. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to contact to you when administering your account.

 

• Process and fulfill your purchases in connection with our products and services and keeping you informed about the status of your account and purchases.

 

• Provide customer support services.

 

• Establish and manage our relationships with our vendors, providers, suppliers and consultants.

 

We also use the information we obtain based on our legitimate interests and business purposes, including to:

​

• Personalize and improve your experience on the Sites.

 

• Provide you with a more personalized and relevant experience with EarnedNotGiv3n.

 

• Communicate with you about our products and services, and send you promotional and other marketing communications. See the “Your Choices” section below to learn how you can opt out of these communications.

 

• Communicate with you about, and administer your participation in, sweepstakes, surveys, events, programs, contests, promotions and other offers.

 

• Respond to your requests and inquiries.

 

• Manage our business relationships.

 

• Operate, evaluate, develop, manage and improve our business, including by operating, administering, analyzing and improving our Sites, products and services; conducting research and developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing, reconciliation and collection activities and other internal functions.

 

• Perform analytics (including market research, trend analysis, financial analysis, and anonymization of personal information).

 

• Protect against, identify and prevent safety and security issues, fraud and other criminal activity, claims and other liabilities

 

• To enforce our Terms of Use or other legal rights.

 

Where we need to collect personal information by law, or under the terms of an agreement we have with you, and you fail to provide that data when requested, we may not be able to perform the agreement we have or are trying to enter into with you (e.g., to process your payment). In this case, we may not be able to provide you with the product or service you have requested but we will endeavor to notify you if this is the case.

​

We also may use the information we collect about you in other ways for which we will provide specific notice at the time of collection and obtain your consent if required by applicable law.

​

HOW WE SHARE YOUR INFORMATION

​

EarnedNotGiv3n will not share your personal information with any third parties except as described below or as otherwise disclosed to you when we collect your personal information:

• To our third-party service providers who provide services on our behalf, such as website hosting, payment processing, data analysis, information technology and related infrastructure provision, customer service, email delivery, online advertising, and other services. We process your payments through Stripe, Inc. and their privacy policy can be found at https://stripe.com/privacy.

 

• By you, on message boards, chat, and other services to which you are able to post User Content. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.

 

• To our partner TSR Gym Technik Ltd. (“Trainerize”), if you are using an EarnedNotGiv3n product featuring Trainerize content, to analyze your use of such product (based on our and Trainerize’s legitimate interests to perform data analyses). For more information, see Trainerize’s privacy policy at https://www.trainerize.com/privacy.

 

• To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).

 

• If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

We do not share your personal information with unaffiliated third parties for their own direct marketing purposes.  We may use and disclose information that does not identify or otherwise relate to an individual for any purpose, except where we are required to do otherwise under applicable law. 

 

INTERNET-BASED ADVERTISING

​

When you visit our Sites, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Privacy Policy provides details and explains how to exercise your choices.

​

We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services, based on information relating to your access to and use of the Services and other websites or online services. To do so, these companies may place or recognize a unique cookie on your browser.

​

In addition, we may share information that do not directly identify you (such as de-identified usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain EarnedNotGiv3n services. EarnedNotGiv3n may allow third-party ad servers or ad networks to serve advertisements on the Services. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on EarnedNotGiv3n. They automatically receive your IP address when this happens.

​

They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. EarnedNotGiv3n does not provide any information that directly identifies you to these third-party ad servers or ad networks without your consent or as required under applicable law. However, please note that if an advertiser asks EarnedNotGiv3n to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.

In addition, third-party advertisers may use information (not including your name, address, email address, body information, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. EarnedNotGiv3n is not the entity responsible for the processing of your information by third-party ad servers or ad networks. The EarnedNotGiv3n Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

​

To learn how to opt out of ad network interest-based advertising in the U.S., please visit http://www.aboutads.info/choices and http://www.networkadvertising.org/choices. In the European Union, please visit http://www.youronlinechoices.eu. To the extent required by applicable law, we will obtain your consent before using your information for interest-based advertising.

 

YOUR CHOICES

​

Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you have an account on the Sites, you can unsubscribe at any time by logging in and adjusting your communications preferences. Please note that even if you opt out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your account, such as notices regarding session reminders.

​

TEXT MESSAGES

​

In certain instances, the Sites may allow you to elect to communicate with EarnedNotGiv3n by using text message, including in connection with scheduling a training session. By electing to receive text messages, you are expressly consenting to receiving text messages from EarnedNotGiv3n or its service providers, and you also understand and agree that data rates and charges may apply and that you are solely responsible for all associated costs assessed by your telecommunication carrier or provider. Providing this consent is not a condition of receiving any goods or services from EarnedNotGiv3n.

You may opt out from receiving text message at any time by either replying STOP or END to a text you have from EarnedNotGiv3n or by texting STOP or END to [PHONE NUMBER] at any time. Please note that you may receive a confirmation text acknowledging you have unsubscribed. Please allow five (5) business days to process your request.

​

THIRD-PARTY SITES AND CONNECTED ACCOUNTS

​

For your convenience, the Sites may contain links to other online services or otherwise enable you to connect with third party sites, features, plug-Ins, tools, widgets, social media platforms or apps such as Facebook, Instagram, Twitter, YouTube and Apple (collectively “Third-Party Sites”) or they may enable you to connect or link to, or otherwise use your EarnedNotGiv3n account in connection with, Connected Accounts. Third-Party Sites operate independently from us, and the privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy policies of those third parties. You acknowledge and agree that your interactions with those Third-Party Sites and Connected Accounts, and your rights and obligations when accessing and using Third-Party Sites and Connected Accounts, are not governed by this Privacy Policy (or the EarnedNotGiv3n Terms of Use) and will instead be governed by the terms and policies of those Third-Party Sites, and we encourage you to carefully read those terms and policies, as they may differ from ours.

​

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE NATURE AND CONTENTS OF ANY FOR THE PRACTICES OF, OR THE COLLECTION, USE OR SHARING OF YOUR PERSONAL INFORMATION BY, ANY THIRD-PARTY SITES OR CONNECTED ACCOUNTS.

​

HOW WE PROTECT PERSONAL INFORMATION

​

EarnedNotGiv3n maintains administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

​

CHILDREN’S PRIVACY

 

Protecting the privacy of young children is especially important. EarnedNotGiv3n does not knowingly collect or solicit personal information from anyone under the age of thirteen (13) or knowingly allow such persons to create an account on the Sites. If you are under 13, please do not send any information about yourself to us. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe your child under 13 has submitted personal information to us without your consent, please contact us at admin@earnednotgiv3n.com.

 

UPDATES TO OUR PRIVACY POLICY

​

We may periodically update this Privacy Policy, in our discretion, to reflect change in our privacy practices, the Sites and applicable law. We will post a notice on the Sites to notify you of significant changes to our Privacy Policy and indicate at the top of this Privacy Policy when it was most recently updated. You should check this page from time to time to ensure you are happy with our current Privacy Policy.

​

CONTACT US

​

If you have questions regarding our Privacy Policy, please contact us at admin@earnednotgiv3n.com. For general questions regarding EarnedNotGiv3n or the Sites please visit earnednotgiv3n.com/contact. Your feedback is always welcome and appreciated.