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PRIVACY POLICY

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Helf, Inc. ("Helf", "we", "our", or "us") respects and is committed to protecting your privacy. This Privacy Policy lets you know how and for what purposes we are collecting, processing, and using the information that we collect and the reasonable steps we take to protect that information.

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This Privacy Policy applies to our mobile application and any web page, email list, onsite data collection, Personal Information and Usage Information collected and/or owned by us, including, but not limited to, the website located at www.thehelfapp.com. This Privacy Policy is in effect no matter the method of collection, including collection through our mobile application, our website and any online features, products, services, and/or programs that we may offer (collectively, the "Services"). Helf will treat any offline collection, uses, and disclosures of your Personal Information consistently with our online privacy practices set forth in this Privacy Policy. This Privacy Policy is not applicable to any mobile application, web page, social media site, Personal Information or Usage Information collected and/or owned by anyone other than us.

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Your use of the Services is also governed by our Terms of Service, available at: https://www.thehelfapp.com/terms-of-service

 

Types of Information Collected

 

Helf and any third party that we may hire for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for the Services may collect two types of information when you access or use the Services: Personal Information and Usage Information.

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Personal Information: The types of information that we collect may include, among other things, the following categories of information (collectively, "Personal Information"):

  • contact information (e.g., your name, gender, address, phone number, email address, and month and day of birth);

  • banking information (e.g., bank account and credit/debit card numbers, and billing address);

  • submitted information (e.g., any information that you voluntarily submit as part our services);

  • information about why you are accessing or using the Services; and other information specific to you (e.g., your occupation, industry, and personal interests).

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Usage Information: The types of usage information that we collect may contain generic information about you when you access or use the Services, which may include, among other things, the following categories of information (collectively, "Usage Information"):

  • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information;

  • browser language and type;

  • domain name system requests;

  • browsing history (including such details as the time spent at a domain, and the time and date of your access or use) and number of clicks;

  • http headers, and operating system and fingerprinting data; and

  • aggregated information.

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How Information Is Collected

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We may collect Personal Information and Usage Information about you from the following sources:

  • the correspondence that you and others send to us, including when you complete any online forms or send us an email;

  • offline collection, including when we communicate with you by phone or text;

  • information we receive from you through the Services and as a result of your use of the Services;

  • information about your transactions with, or services performed by, us, any Personal Trainers, our affiliates or nonaffiliated third parties;

  • information we receive from your computer or mobile device;

  • information we receive from Personal Trainers, our affiliates, partners or service providers; and

  • information we receive from other sources, as permitted by applicable laws, rules and regulations.

 

You may be able to sign up to join our mailing list or to receive notifications from us. If you sign up, we may from time to time send you an email or literature with information about one or more of our services and general information about us. You can unsubscribe at any time by the means set forth in that communication.

 

Cookies and Other Tracking Technology

 

Cookies: We may also collect Personal Information using cookies. "Cookies" are small pieces of information that are stored by your web browser on your computer's or device's hard drive or temporarily in your computer's or device's memory. You can choose whether to accept cookies by changing the settings of your browser, but some functionality of the Services may be impaired or not function as intended if you choose not to accept cookies. Each browser is a little different, so look at your Help menu to learn the correct way to modify your cookies. Cookies can be deleted by you, at any time, and will not collect any information when you are not accessing the Services. By using the Services, you consent to our use of cookies.

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Google Analytics: We may use a tool called "Google Analytics" to collect some of the information listed above about your use of the Services. We use the information we get from Google Analytics to improve the Services. In order to collect this information, Google Analytics may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics may also receive information about you from apps that you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google's ability to use and share information collected by Google Analytics about your access and use of the Services to another application which partners with Google is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Please review those and see http://www.google.com/policies/privacy/partners/ for information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google.

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iBeacons and Geolocation: While using certain features of the Services, we may now or in the future choose to track the physical location of your mobile device or web browser to send you information that is relevant to you. You will always have control over whether to transmit your physical location, and you can prevent such disclosure by disabling Bluetooth and WiFi, declining the request to share your location, or adjusting your privacy settings in your mobile device operating system (as applicable).

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Unique Identifier: We may assign you a unique internal identifier to help keep track of your future access and use of the Services. We use this information to gather aggregate demographic information about our users, and we may use it to personalize the information you see in the Services and some of the electronic communications you receive from us.

 

Other Information: When you are using a mobile device, we may also collect and use your Apple Identifier for Advertising (IDFA) and Google Advertising ID (AAID) to recognize your device and support advertising activities on the Services. These number values are not permanently tied to your device and, depending on your operating system, you may be able to reset it through your device settings.

 

Use of Collected Information

 

Information that we collect may be used for the following primary purposes:

  • To provide Services to you.

  • To improve the Services.

  • To personalize your experience with the Services.

  • To communicate with you and to inform you about the Services.

  • To help protect the safety and integrity of the Services and our users.

 

When Information Is Disclosed and Shared

 

We might disclose Personal Information and/or Usage Information when required by law or in the good faith belief that such disclosure is necessary:

  • To comply with legal processes and applicable law.

  • To enforce this Privacy Policy.

  • To take precautions against liability and respond to any claim that any information that you provided violates the rights of a third party.

  • To assist government enforcement agencies.

  • To protect our rights, property, or the safety or the rights, property, or personal safety of our users and the public, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction, and, if required by law, disclosing information to U.S. federal and state governmental agencies.

  • To investigate potential unauthorized access or misuse of the Services.

  • To otherwise enforce or apply our Terms of Service and other agreements.

 

We may transfer your Personal Information to Personal Trainers and other third parties, including our hosting partners and other trusted third parties who assist us in operating the Services and as necessary for our business purposes. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Policy, we require that these parties agree to process such information in compliance with our Privacy Policy and in a manner that complies with applicable privacy laws. The use of your information by a trusted business partner may be subject to that party's own privacy policy.

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We reserve the right to transfer your Personal Information, as well as any information about or obtained from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of our creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.

 

We will not sell your information to third parties. We will not share your information with third parties who want to send you advertisements or marketing promotions.

 

We may disclose your Personal Information for any purpose disclosed by us when you provide the information. We may also disclose your Personal Information with your permission or as directed by you.

 

Security

 

Although we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.

 

The federal government and technology industry have developed practical tips (available at https://consumer.ftc.gov/features/onguardonline ) to help you guard against Internet fraud, secure your computer and protect your personal information.

 

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for the "Verified and Secured" badge located in the website footer, or looking for "https" at the beginning of the address of the web page.

 

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

 

Data Retention

 

We will retain and use your Personal Information for as long as is needed for us to be able to provide our Services to you, and as necessary to comply with our legal obligations, comply with our internal business practices and standards, resolve disputes, and enforce our agreements. Personal Information is destroyed when it is no longer necessary for these purposes. Our business partners and third-party service providers may have their own data retention policies.

 

Information from Children

 

The Services are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or you are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy. In any case, by using the Services, you affirm that you are over the age of thirteen (13), as THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13) WHO ARE UNACCOMPANIED BY THEIR PARENT(S) OR LEGAL GUARDIAN(S).

 

Parents and legal guardians should be aware that this Privacy Policy will govern our use of Personal Information, but also that information that is voluntarily given by children (or others) in email exchanges, bulletin boards, or the like, may be used by other parties to generate unsolicited communications. We encourage all parents and legal guardians to instruct their children in the safe and responsible use of their Personal Information while using the Internet.

 

Privacy Outside the Services

 

The Services may now or in the future contain various links to other websites. We are not and cannot be responsible for the privacy practices or the content of any of those websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers (as described in this Privacy Policy), we do not share any of the Personal Information that you provide to us with any of the websites to which the Services link. Please check with those websites in order to determine their privacy policies and your rights under them.

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We may use the services of third party service providers to process transactions on our behalf. By using the Services, you grant us all necessary rights and consents under applicable laws to disclose to our third party service providers -- or allow those third party service providers to collect, use, retain and disclose to us -- any Personal Information for purposes of providing services to you, including data that we may collect directly from you using cookies or other similar means.

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European Union and Other International Users

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The Services are intended for individuals located in the United States, and your use of the Services are governed by United States law. We are not targeting or marketing to international users. If you are using the Services from outside the United States, please be aware that your Personal Information and/or Usage Information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services, you consent to your Personal Information and Usage Information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

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We will only process your Personal Information when we have a legal basis to do so. When we do process your Personal Information, we will do so with your consent as set forth in this Privacy Policy, or because the processing is necessary for the performance of the Services, to comply with our legal obligations, to pursue our legitimate interests, or to establish or defend a legal claim.

 

How Long We Keep Your Information

 

We will retain your information until you delete your account. We retain your information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations and/or as necessary to protect our -7-

 

legal rights or for certain business requirements. For example, we may retain your information, as follows:

  • Security, fraud & abuse prevention -- i.e., to protect you, other people, and us from fraud, abuse, and unauthorized access.

  • Financial record-keeping -- when you make a payment to us, we are often required to retain this information for a longer period of time for purposes of accounting, dispute resolution and compliance with tax, anti-money laundering, and other financial regulations.

  • Complying with legal or regulatory requirements -- to meet any applicable law, regulation, legal process or enforceable governmental request, as required to enforce our Terms of Service, including investigation of potential violations.

  • Direct communications with us -- if you have directly communicated with us, through a customer support channel, feedback form, or a bug report, we may retain reasonable records of those communications.

Even if you delete your account, please keep in mind that the deletion by our third party providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time.

 

Choices with Your Personal Information and Opting Out

 

Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide any Personal Information to us. However, this information is essential for the provision and quality of some of the Services that we offer to you, so we cannot provide you with certain Services or provide you with access to certain features if you choose to withhold requested information.

 

You may choose to prevent us from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods escribed at the end of this Privacy Policy, or by following the procedures set forth in an electronic communication from us, if applicable. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the purposes stated in this Privacy Policy, you may elect to opt out of such disclosure to and use by a third party that is not acting as our agent. There are some uses from which you cannot opt out, such as to provide Services that you have requested from us.

 

Please note that making such requests does not ensure complete or comprehensive removal of your content. For example, we may retain the information for our own internal records in accordance with the terms of this Privacy Policy.

 

Access and Correction

 

Please contact us in the manner described at the end of this Privacy Policy to access your Personal Information in our possession and correct inaccuracies of that information in our records. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances, as permitted by applicable laws, rules and regulations.

 

Your Arizona Privacy Rights

 

Under Arizona's "Shine the Light" law, Arizona residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once per calendar year) information about the information that we shared (if any) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of information and the names and addresses of those businesses with which we shared information for the immediately prior calendar year. To obtain this information, please send an email message to info-request@thehelfapp.com with "Request for Arizona Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements, and only information on covered sharing will be included in our response.

 

Arizona residents who use the Services are also entitled to the following consumer rights notice: The Services is owned and/or operated by Helf E-Commerce, LLC. If you have a question or complaint regarding the services or products provided through the Services, please send an email to info@thehelfapp.com. You may also contact us by writing to us at Helf, Inc., PO Box 243, Hermosa Beach, CA 90254, or by calling us at (480) 670-9370. Arizona residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the Arizona Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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"Do Not Track" Signals

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Because we may collect your Personal Information from time to time for our own use, we are required to disclose how we respond to "Do Not Track" requests, signals and other similar mechanisms. Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services that you use. Like many websites and online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a user's browser. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com.

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Your Consent to This Privacy Policy

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By accessing and using the Services, you consent to the collection and use of your information (including Personal Information) by us as described above, in compliance with this Privacy Policy, unless you inform us otherwise by means of the procedure -9-

 

identified below. If we decide to change this Privacy Policy or some part of it, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information, and under what circumstances we may disclose that information to others. Your use of the Services after we publish any amendment to this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.

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If you have questions, would like to access your Personal Information, or want to opt out of certain information sharing, please send your requests to: Helf, Inc., PO Box 243, Hermosa Beach, CA 90254, Attn: Support.

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Copyright © 2021 Helf, Inc. All Rights Reserved.

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