Effective August 1, 2022.

WellFitly Limited ("we," "our," "us") operates WellFitly™ platform, an internet accessible website www.wellfitly.com (the "Site") and related mobile application/website (collectively, the "Platform"). The Platform facilitates transactions between individuals ("Users") and fitness/wellness professionals ("Professionals"). We respect the sensitive nature of any personal information provided to us by Users and Professionals ("you" or "your"). We have created this Privacy Policy to demonstrate our commitment to the privacy of those who use our Platform.

This Privacy Policy describes our information collection, storage and disclosure practices and the choices you have regarding how personal information is collected and used by us and third parties who assist us in providing the services provided by the Platform ("Services"). Residents of the European Economic Area ("EEA"), which includes the member states of the European Union ("EU"), should consult the sections of this policy relating to the "Rights of EEA Residents" and "International Data Transfers" for provisions that may apply to them. We reserve the right to change this Privacy Policy at any time. In the event we make changes to this Privacy Policy, such policy will be re-posted in the "Privacy" section of our website www.wellfitly.com with the date such modifications were made indicated on the top of the page or we may contact you to inform you about the revisions with a link to the revised Privacy Policy.

All changes are effective on the date listed at the top of this page and will apply to all information that we have about you. Your continued use of the Site or the Services after any change is posted indicates your acceptance of the changes and your continued consent to our collection and processing of your personal data. If at any point you do not agree to any portion of the Privacy Policy then in effect you should immediately stop using the Services. You may also unsubscribe or opt-out from certain communications by following the procedures set forth in this Privacy Policy, including the section below on "Notifications and Communications from Our Websites/Opt-Out Rights."

Because this Privacy Policy contains legal obligations we encourage you to review this Privacy Policy carefully. If you have any questions concerning this Privacy Policy or our information collection, storage and disclosure practices, please contact us at hello@wellfitly.com. Personal Data That We Collect and How We Use It We may collect certain Personal Data about you when you use the Platform, including when you establish an account, use the Services, purchase gift cards, contact us, participate in certain promotions, apply to be a Professional or otherwise avail yourself of our Services. "Personal Data" is information that may be used to directly or indirectly identify you, including your name, e-mail address, physical address, phone number, geographical information, professional qualifications, profile image, biographical information, financial or credit card information or other information about you. The majority of such Personal Data is collected when you register as a User or Professional on the Platform. Some of the Personal Data that we collect is required if you wish to partake in certain Services that we provide.

In general, the type of Personal Data we collect includes, but is not limited to:

Personal Data to contact you, including through e-mail notifications; Personal Data of Users who establish an account to obtain Services from Professionals; Personal Data of Professionals who register to provide Services to Users through the Platform; Un-identifiable or aggregated Personal Data pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience

We use this Personal Data to:

(i) add you to our e-mail lists;

(ii) register Users;

(iii) provide the Services you have requested;

(iv) register Professionals to provide Services through the Platform;

(v) allow you to communicate with Professionals through the text function of the Platform;

(vi) guard against potential fraud;

(vii) provide answers to your inquiries or questions; and

(viii) maintain regular communication with you as may be necessary to inform you about the Platform.

If you are a User of the Platform we collect your credit card information if you register to use or purchase Services or a gift card. If you do make such purchases, our payment processing partner will collect your payment information and process your payment. We do not store any credit card information or share it with anyone other than our payment processor. If you are a Professional we collect certain financial information from you to process payments for you after each appointment. Our collection of this financial information is subject to this Privacy Policy and our Professional Terms & Conditions.

Social Networks If you choose to connect to our Site through a third-party social network such as Facebook, Twitter, Instagram and other networks (each, a "Social Network"), we may collect Personal Data from your profile on such Social Network, such as your name, user name, and e-mail address. In addition, our Sites may offer features that will allow you to share information from our Sites to a Social Network or share information from our Social Network sites. If you decide to use such features, they may allow the sharing and collection of information both to and from such Social Network so you should check the privacy policy of each Social Network before using such features.

Non-Identifiable Data and Aggregated Personal Data

Regardless of whether you join our mailing list or submit information to us, we and third parties performing services for us may send one or more "cookies" to your computer when you visit the Sites. Cookies are small text files placed on your web browser when you visit our Site that store information on your computer, such as your Site preferences. We use cookies when you sign in to keep track of your personal session. We also use cookies to track your activity on the Site as a unique person. For security purposes, all of this information is stored in encrypted form. Our Platform may also use mobile identifiers for push notifications.

You can set your web browser to inform you when cookies are set, or to prevent cookies from being set altogether. Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower site response times.

We or our service providers may also collect web surfing data related to your use of the Platform. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, "click stream" transactional data that is not associated with any users as individuals.

Web surfing data and similar information may be aggregated for administrative purposes. We may, for example, use this aggregated information in the administration of the Platform to improve its usability and to evaluate the success of marketing and advertising campaigns, search engine optimization strategies, operation and effectiveness of pages on our website or our Platform, and other marketing activities. We also use it to help optimize the Platform based on the needs of our Users.

Targeted Advertising

We may engage certain third-party ad network service providers to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may utilize Cookies (including within the ads) to collect information from you such as your IP address, web browser, pages viewed, time spent on pages, how you use our Site, your purchases of Services through the Platform, any links you click on, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content or products, measure the effectiveness of ad campaigns, determine the proper amount of repeat views of a given ad, and deliver advertising and content targeted to your interests on our Platform (also known as “interest-based advertising”).

How and When Your Information Is Shared With Other Parties We will not disclose, rent or share your Personal Data with other parties, except as disclosed below.

We work with a number of trusted partners who may perform vital functions as part of our operations of the Platform. We do not share your Personal Data unless it is necessary to fulfill our responsibilities, including providing information or Services to you.

Additional Sharing of Information

We may engage third parties to help us carry out certain other internal functions such as account processing, payment processing, payment to our Professionals, User services, obtaining financial information from our Professionals or other data collection relevant to our business. For example, we use a third-party to process payments for our services. Personal Data is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services.

We may access certain Personal Data if you provide such information when communicate with Professionals through the text function of the Platform. We may share your Personal Data with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Data when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Data that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of us, our users, issuers, or others.

We may share or disclose information that we collect from you, including Personal Data, if we are acquired as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy. We will not share your Personal Data if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018.

EEA Residents

This section of the Privacy Policy is applicable to residents of the European Economic Area (“EEA”). The EEA consists of the member states of the European Union, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, and Iceland, Liechtenstein, and Norway. This section also applies to residents of Switzerland and, in the event of its departure from the EU, residents of the United Kingdom. Residents of the EEA and Switzerland are referred to here as “EEA Residents.”

From May 25, 2018, all processing of Personal Data of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).

Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents. Our purpose for collecting and processing Personal Data from EEA Residents who are Users of the Platform is to provide them with information regarding our Services and to assist them in using our Platform to engage Professionals. Our purpose for collecting and processing Personal Data from EEA Residents who are Professionals is to facilitate transactions between Users and Professionals. The legal basis for collecting Personal Data from Users is to facilitate their engagement of Professionals through the Platform. The legal basis for collecting Personal Data from Professionals is to allow Professionals to use the Platform to enter into transactions with Users. We also rely on your consent to obtain information about our Services through marketing publications. You may withdraw consent from receiving marketing and promotional communications by clicking the “Unsubscribe” link on the communication or contacting us at hello@wellfitly.com. If EEA Residents who are Users or Professionals do not provide Personal Data to us or withdraw consent for processing such Personal Data, they will not be able to use the Platform for the purposes specified above.

EEA Residents may obtain information about the Personal Data that we hold about them by contacting us at hello@wellfitly.com.

International Data Transfers

If you are resident outside the United States, including in the EEA, we transfer Personal Data provided to you for processing in the United States. Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Data of EEA Residents. By providing Personal Data to us for the purpose of using the Platform, Users and Professionals consent to the processing of such data in the United States. The transfer of your Personal Data to the United States is necessary for the performance of a contract between us and Users or Professionals, including allowing Users to engage Professionals and allowing Professionals to use the Platform to provide Services to Users.

Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.

Notifications and Communications from Our Website/Opt-Out Rights

Communications Regarding Our Services We will send you email notifications and free newsletters from time to time. Some notifications are communications relating to us and our Services. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the e-mail.

Legal or Security Communications We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements, such as the Privacy Policy or Terms of Service. Generally, you may not opt out of such emails.

Account Communications If you engage Professionals, we may send you confirmations and updates as to such engagements and their status. Generally, you may not opt out of such emails.

Deleting Your Information If you want us to delete your Personal Data and your account, please contact us at hello@wellfitly.com with your request. We will take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

Personal Data Retention We retain the Personal Data we receive as described in this Privacy Policy for as long as you use the Platform or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Links to Other Sites If you follow any links that direct you away from the Site or the Platform, including links to sites offering events or providing information, among others, this Privacy Policy will not apply to your activity on the other Sites you visit. We do not control the privacy policies or the privacy practices of any third parties.

Security Policy We take commercially reasonable steps to protect your Personal Data against unauthorized disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or through the Platform. You engage in such transmissions at your risk.

If you believe your Personal Data is being improperly used by us or any third party, please immediately notify us via email at hello@wellfitly.com.

Anyone Under 18 Our Platform is restricted to the use of adults over the age of majority in their place of residence. No portion of the Platform is directed to anyone under the age of 18. Consequently, we do not knowingly collect personal identifying information from any person we know is under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 we will delete that information as quickly as possible. If you are a parent or guardian of a child under 18 years of age and you believe your child has provided us with Personal Information, please contact us at hello@wellfitly.com.

Do Not Track Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.

Your California Privacy Rights Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide information regarding how that business has shared personal information of customers with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose personal information to third parties for direct marketing purposes.

Your Rights and Obligations We ask that you keep the Personal Data that you provide to us current and that you correct any information you have provided us by contacting us at hello@wellfitly.com. You represent and warrant that all Personal Data you provide us is true and correct and relates to you and not to any other person.

If you are a resident of the EEA and wish to access or correct the Personal Data that we have about you or have any questions relating to the processing of your Personal Data, please contact us at hello@wellfitly.com with the subject line “GDPR Data.”

If you use the Platform, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.