Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Application refers to trainwithkiwi, the software program provided by the Company.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to trainwithkiwi, 528 61st St.

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Country refers to: California, United States

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Personal Data is any information that relates to an identified or identifiable individual.

• Service refers to the Application or the Website or both.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Website refers to trainwithkiwi, accessible from https://trainwithkiwi.com/

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Your profile photo and a short line about Yourself, if You add them

• Your age range, gender, fitness level, where You train and Your goals, from the questions You answer when You start

• Your weight, body fat and body scan photos, if You track them (see "Body Measurements and Health Data" below)

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

We may also determine the country You're in from Your Device's region setting or from Your IP address. We use it to decide whether Your profile starts public or private (see "Profiles" below).

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

• Information from your Device's phone book (contacts list)

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

  Type: Session Cookies

  Administered by: Us

  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: Your profile is visible to other users of the Service, as described in "Profiles" below. When You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Profiles

Every user of the Application has a profile, so that users can follow and cheer each other on, and people starting out can see what's possible.

What Your Profile Shows

Your profile shows:

• Your first name, or the name You choose, and Your photo and a short line about Yourself, if You add them
• Your age range (for example, "40s"), when You joined, and Your level in the Application
• Where You started (for example, as a beginner), where You train (at a gym, at home or with no equipment) and Your main goal, from the questions You answer when You start
• How many workouts, personal records, badges and cheers You have
• How much stronger You've gotten: Your main lifts, with the first and best weights You've logged
• The days You worked out in the last 12 weeks, including workouts from Apple Health or Garmin, and Your badges
• Your latest workouts: their name, day, number of exercises and heaviest set. Other users can copy a workout from Your profile to do it themselves.

People who follow You can also see when You're working out, and someone You keep a buddy streak with can see how each of You is doing this week.

Your profile never shows Your email address, phone number, body weight, body photos or scans, injuries or limitations, conversations with Your coach, or the details of workouts from Apple Health or Garmin.

Who Can See Your Profile

Profiles are shown only in the Application, to people signed in to the Service. Your profile is public by default: anyone using the Service can see it and follow You.

If You're in the European Economic Area, the United Kingdom or Switzerland (based on Your Device's region setting or the country of Your IP address), or We don't know where You are, Your profile starts private, and We make it public only if You choose to. A private profile is seen only by people You follow and people who follow You.

You can make Your profile public or private at any time in the Application, under Profile › Settings › Profile privacy.

Members Like You

If Your profile is public and has a photo and progress to show, it may be shown to people starting out on the Service, while their plan is being built and on the subscription screen. It shows Your first name, age range, photo and line, how much stronger You've gotten, how often You train, and what You have in common with them (such as where You started, where You train and Your goal). We also use age range and gender to choose which members to show someone, but We don't show Your gender.

Until there are enough members to show, the Application shows examples of typical progress, labeled "Example". They aren't real users, and their photos are generated by AI.

Photos, Names and Lines

Before Your photo, name or line is saved, it's checked by an automated moderation service from OpenAI, and content that breaks Our rules isn't accepted. Photos are resized and their metadata, including where they were taken, is removed. They're stored privately with Amazon Web Services and shown through links that expire.

Following, Cheers and Reactions

When someone follows You or cheers You on, We send You a notification with their name. The cheers and reactions You receive are counted on Your profile.

Reporting and Blocking

You can report a profile from the menu on it. Your report and the reason You give are sent to Our team to review. You can also block someone: neither of You can see the other's profile, and neither of You follows the other anymore.

Changing or Removing Your Profile

You can change Your name, or change or remove Your photo and line, at any time in the Application (Profile › Your profile), and make Your profile private under Profile › Settings › Profile privacy. To have Your profile deleted, contact Us at info@trainwithkiwi.com.

Body Measurements and Health Data

You can track Your weight and body composition in the Application. If You do, We keep:

• The weight You give when You start, and weights You log in the Application or tell Your coach
• Body fat and other results You share, such as a DEXA, InBody or BodPod report or a smart scale's screen, as a photo or a PDF. We keep the numbers read from them, not the photo or file, which We delete within an hour
• The photos You take for a photo body scan, and the body fat estimated from each one
• Your inspiration photo, if You ask for one
• With Your permission, workouts from Apple Health and, if You choose to sync them, Your weight and body fat from Apple Health

We use this information to estimate Your weight, body fat and lean mass over time, to show Your progress, and to personalize Your coaching and training plan. Body scan photos and the results You share are processed by Our AI provider (currently OpenAI) to read the results and estimate body fat, and Your coach, which runs on the same provider, sees Your measurements so it can talk about them with You. If You ask for one, We also make an inspiration photo: an AI-generated image of how You could look with training, made by the same provider from a photo You choose (one of Your body scan photos, or a new photo, which We don't keep). Only You see it.

Your measurements and photos are private: they're never shown on Your public profile or to other users. We don't sell them, use them for advertising or marketing, or use them to train AI models, and We use data from Apple Health only to provide the Service to You.

You can delete any reading, including a photo body scan and its photo, in the Application under Progress › Body (swipe a reading to delete it). You can delete Your inspiration photo in the Application, on the Profile tab. To have all of Your data deleted, contact Us at info@trainwithkiwi.com.

AI Assistants and Connectors

You can connect Your Kiwi account to supported AI assistants, such as Meta's Muse. When You connect, You choose whether the assistant can only view Your training plan and workout history, or can also log workouts and change Your plan. We use the information the assistant sends Us, and the account data it accesses, only to carry out Your requests. When You ask an assistant to rebuild Your plan, Your fitness profile (goal, experience, equipment, schedule, and injuries or limitations) and current plan are processed by Our AI plan-building provider for that purpose. We don't sell this data, use it for advertising, or use it to train AI models. You can disconnect at any time in the assistant's settings, which immediately ends its access.

Exercise Data

Exercise data and videos provided by MuscleWiki.com.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: info@trainwithkiwi.com