Gainz Privacy Policy

2: Personal data we collect about you#

The personal data we collect about you depends on the particular activities carried out through our website. We will collect and use the following personal data about you:

• your name, address and contact information, including email address and telephone number and company details
• any delivery addresses specified for your order
• information to check and verify your identity, eg date of birth
• your sex and gender, if you choose to give this to us
• your age
• location data
• your billing information, transaction and payment card or other payment method information
• bank account and payment details
• details of any information, feedback or other matters you give to us by phone, email, post or via social media
• your account details, such as username and login details
• your activities on, and use of, our website
• information about the services we provide to you
• your contact history, purchase history and saved items
• information about how you use our website and technology systems
• your personal images, videos, voice recordings where you supply these to us to generate the Personal Content
• your personal and medical data provided for the purpose of our providing the Fitness Content

You must provide this personal data to use the Application unless we tell you that you have a choice.

Sometimes you can choose if you want to give us your personal data and let us use it. Where that is the case we will tell you and give you the choice before you give the personal data to us. We will also tell you whether declining to share that personal data will have any effect on the provision of our services.

We collect and use this personal data for the purposes described in the section How and why we use your personal data below.

4.2: How and why we use your personal data—Special category personal data#

Certain personal data we collect is treated as a special category to which additional protections apply under data protection law:

• your personal medical and or fitness information submitted to us
• photographs of you which may disclose your race, ethnic origin or health condition

Where we process such special category personal data, we will also ensure we are permitted to do so under data protection laws.

4.3: How and why we use your personal data—sharing#

See Who we share your personal data with for further information on the steps we will take to protect your personal data where we need to share it with others.

5: Marketing#

We will use your personal data to send you updates (by email, text message, telephone or post) about our products and/or services, including exclusive offers, promotions or new products and services.

We have a legitimate interest in using your personal data for marketing purposes (see above How and why we use your personal data).This means we do not need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.

You have the right to opt out of receiving marketing communications at any time by:

• contacting us at support@gainz.ai

We may ask you to confirm or update your marketing preferences if you ask us to provide further products or services in the future, or if there are changes in the law, regulation, or the structure of our business.

We will always treat your personal data with the utmost respect and never sell it to other organisations for marketing purposes.

For more information on your right to object at any time to your personal data being used for marketing purposes, see Your rights below

5.1: Coaching messages and your phone number#

If you choose to turn on coaching messages, we use the mobile number you give us to send you training and nutrition guidance, workout reminders and progress check-ins, and to reply when you message us. Depending on your device and network, these are delivered by SMS, RCS, WhatsApp or Apple Messages for Business.

We only send these messages if you have asked us to. The consent box is never ticked for you, and you can create and use your account without turning coaching messages on. When you do opt in, we record the date and time and the exact wording you agreed to, so we can show what you consented to.

You can stop these messages at any time:

• reply STOP to any message you receive from us
• turn coaching messages off in the app's settings
• or contact us at support@gainz.ai

Replying HELP to any message returns our support contact details. Message and data rates may apply, depending on your mobile plan.

We do not sell your mobile number, and we do not share it with third parties for their own marketing. To deliver these messages we share it with specialist messaging and telecommunications providers — the companies that carry the message from us to your handset, together with the mobile network operators involved in delivering it. These providers act only on our instructions, may not use your number for their own purposes, and are bound by contract to protect it. We will tell you which providers we currently use if you ask us at support@gainz.ai. For how we handle sharing generally, see Who we share your personal data with .

6: Who we share your personal data with#

In order to generate digital content (Content) , we make use of third-party proprietary software incorporating artificial intelligence, to generate digital avatars of you. Where you provide personal information to us, including without limitation, images, videos, voice recordings, for the purpose of creating a Personal Avatar, or personal fitness information provided for the purpose of creating a Fitness Content, we may share your personal data, to any of the providers of the following third party software applications. This will involve the transfer of your personal data outside of the UK:

• De-Identification Ltd of Corporation Trust Center, 1209 Orange St., Wilmington, New Castle County, Delaware 19801
• OpenAI UK Ltd, Suite 1, 3rd Floor, 11-12 St. James’s Square, London SW1Y 4LB, United Kingdom, Open AI LLC OpenAI OpCo, LLC at 3180 18th Street, San Francisco, CA, United States
• Amazon Web Services EMEA Sarl UK Branch of 1 Principal Place, London, Worship Street, EC2A 2FA

You understand that the aforementioned companies and their subsidiaries may process your personal data in accordance with their terms of service and privacy policies, which may include sharing the generated content created using your personal data with other users of these sites. The purposes for which the organisations may use your personal data include storing and processing your personal information for the purpose of providing their services. This may involve making available your content for use by third parties. These third party providers may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to those third party websites, please consult their privacy policies as appropriate.

You are entitled to contact these organisations directly to request that any content is removed at any time, in accordance with your rights as a data subject.

We routinely share personal data with:

• third parties we use to help deliver the Content to you, including the providers of third-party software highlighted above and payment service providers
• other third parties we use to help us run our business, eg website hosts and website analytics providers
• our banks

We only allow those organisations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data.

We or the third parties mentioned above occasionally also share personal data with:

• our and their external auditors, eg in relation to the audit of our or their accounts, in which case the recipient of the information will be bound by confidentiality obligations
• our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
• law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations
• other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations

7: How long your personal data will be kept#

We will not keep your personal data for longer than we need it for the purpose for which it is used. Different retention periods apply for different types of personal data.

If you ask us to delete your account, we deactivate it immediately and permanently erase your account data 30 days later. Signing in during those 30 days cancels the deletion. If you simply stop using your account without asking us to delete it, we will delete or anonymise your account data after seven years. In either case we retain only what we are legally required to retain—for example transaction records kept for six years to satisfy tax and accounting law.

8: Transferring your personal data out of the UK and EEA#

The EEA, UK and other countries outside the EEA and the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.

It will be necessary for us to transfer your personal data to countries outside the UK and EEA. We will comply with applicable UK and EEA laws designed to ensure the privacy of your personal data.

We will transfer your personal data to third party service providers located in the USA.

As we are based in the UK we will also transfer your personal data from the EEA to the UK.

Under data protection laws, we can only transfer your personal data to a country outside the UK/EEA where:

• in the case of transfers subject to UK data protection law, the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’ ) further to Article 45 of the UK GDPR.
• in the case of transfers subject to EEA data protection laws, the European Commission has decided that the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy decision’ ) further to Article 45 of the EU GDPR. A list of countries the European Commission has currently made adequacy decisions in relation to is available here.
• there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you, or
• a specific exception applies under relevant data protection law

Where we transfer your personal data outside the UK we do so on the basis of an adequacy regulation or (where this is not available) legally-approved standard data protection clauses recognised or issued further to Article 46(2) of the UK GDPR, or on the basis that we are satisfied that the terms and conditions of the third parties incorporate equivalent protections under data protection laws of the jurisdiction in which they are based. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.

Where we transfer your personal data outside the EEA we do so on the basis of an adequacy decision or (where this is not available) legally-approved standard data protection clauses issued further to Article 46(2) of the EU GDPR or on the basis that we are satisfied that the terms and conditions of the third parties incorporate equivalent protections under data protection laws of the jurisdiction in which they are based. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the EEA unless we can do so on the basis of an alternative mechanism or exception provided by applicable data protection law and reflected in an update to this policy.

Any changes to the destinations to which we send personal data or in the transfer mechanisms we rely on to transfer personal data internationally will be notified to you in accordance with the section on Changes to this privacy policy below.

9: Cookies#

A cookie is a small text file which is placed onto your device (eg computer, smartphone or other electronic device) when you use our website. We use cookies on our website. These help us recognise you and your device and store some information about your preferences or past actions.

11: Keeping your personal data secure#

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine need to access it.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your personal data and other information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org.  Get Safe Online is supported by HM Government and leading businesses.

12: How to complain#

Please contact us if you have any queries or concerns about our use of your personal data (see below How to contact us). We hope we will be able to resolve any issues you may have.

You also have the right to lodge a complaint with:

• the Information Commissioner in the UK
• a relevant data protection supervisory authority in the EEA state of your habitual residence, place of work or of an alleged infringement of data protection laws in the EEA

The UK’s Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.

For a list of EEA data protection supervisory authorities and their contact details see here.

13: Changes to this privacy policy#

We may change this privacy policy from time to time—when we make significant changes we will take steps to inform you, for example via by including a link to a description of those changes on our website for a reasonable period or by other means, such as email.

14: How to contact us#

You can contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

Our contact details are shown below:

Address: Optimum Fitness AI Ltd, 124-128 City Road, London, England, EC1V 2NX

Email: support@gainz.ai