PRIVACY POLICY

1. Overview

PMXTRAINER SARL ("PMXTRAINER", the "Company", "we", "our", or "us") owns and operates the PMX PARIS mobile application and any related websites, platforms and services (collectively, the "Platform" or "App"). The Platform enables PMXTRAINER to provide personalized fitness coaching, exercise programming, nutrition guidance, progress tracking, messaging, educational content and other health and wellness services to its clients.

The Company reserves the right, at its sole discretion, to modify, update, improve, suspend or discontinue any aspect of the Platform or the Services at any time, subject to applicable law.

The Platform is powered, developed and technically maintained by FitBudd Inc., together with its affiliates and subsidiaries, which provides the underlying technology infrastructure supporting the operation of the Platform. Where the partner processes personal information on behalf of PMXTRAINTER, it does so in accordance with applicable data protection laws and its contractual obligations as the Company's service provider.

The Company is committed to protecting the privacy and security of the personal information entrusted to us. This Privacy Policy explains how we collect, use, disclose, store, transfer, and otherwise process personal information in connection with the Platform and the Services.

We implement appropriate technical, administrative, and organizational measures designed to protect personal information against unauthorized access, loss, misuse, alteration, disclosure, or destruction. While we strive to use commercially reasonable safeguards consistent with industry standards, no method of electronic transmission over the Internet or electronic storage is completely secure. Accordingly, we cannot guarantee the absolute security of any information transmitted to or stored through the Platform.

This Privacy Policy should be read together with our Terms of Use and any other policies or notices made available through the Platform. By accessing or using the Platform or any of the Services, you acknowledge that you have read and understood this Privacy Policy and consent to the processing of your personal information as described herein.

The Company may amend this Privacy Policy from time to time to reflect changes in applicable laws, regulatory requirements, business operations, or the Services we provide. Where required by applicable law, we will provide appropriate notice of any material changes before they become effective. Your continued use of the Platform following the effective date of the revised Privacy Policy constitutes your acceptance of the updated Privacy Policy.

In providing the Services, the Company may engage carefully selected third-party service providers, including technology, hosting, analytics, payment processing, and communication providers. Such service providers may have access to personal information only to the extent necessary to perform services on our behalf and are contractually required to implement appropriate security and confidentiality measures in accordance with applicable data protection laws.

This Privacy Policy applies to all individuals who access or use the Platform and the Services, including prospective clients, registered users, and clients receiving coaching or related services through PMX PARIS.

2. Information Collection

In connection with your use of the Platform and the Services, the Company may collect personal information that you voluntarily provide, information collected automatically through your use of the Platform, and information received from authorized third-party service providers.

Personal information collected may include, but is not limited to:

• Account information, such as your name, email address, telephone number, date of birth, username, password, and profile information.
• Health and fitness information voluntarily provided by you, including information relating to your physical condition, body measurements, fitness goals, training history, exercise performance, nutrition, lifestyle habits, progress tracking, injuries, pregnancy or postpartum status, and any other information necessary to provide personalized coaching services.
• Communications exchanged with the Company through the Platform, including messages, customer support requests, surveys, feedback, and other correspondence.
• Payment and subscription information necessary to process purchases and manage your subscription. Payment card information is processed by secure third-party payment providers and is not stored by the Company.
• Technical and usage information automatically collected through your use of the Platform, including device information, IP address, browser type, operating system, application usage, analytics, diagnostic information, and log data.
• Information received through third-party integrations, including Apple Health or other supported health and fitness platforms, where you have expressly authorized such access. Any health information imported through these integrations is used solely for the purpose of providing the Services requested by you and is never used for advertising or marketing purposes.
• Any other information that you voluntarily choose to submit in connection with your use of the Platform or the Services.

You may request access to, correction of, or deletion of your personal information at any time by contacting the Company at contact@pmxtrainer.com, subject to applicable legal requirements.

You are responsible for ensuring that the personal information you provide is accurate, complete, and kept up to date. The Company shall not be responsible for any consequences arising from inaccurate, incomplete, outdated, or misleading information provided by a user.

Where the provision of certain personal information is necessary for the delivery of the Services, failure to provide such information may limit or prevent access to certain features or functionalities of the Platform.

3. Purpose of Information Collection

The Company collects, records, stores, uses, and otherwise processes personal information only to the extent necessary to operate the Platform, provide the Services, comply with applicable legal obligations, and pursue our legitimate business interests where permitted by law.

Depending on the nature of your interaction with the Platform, your personal information may be used for one or more of the following purposes:

• To create, manage, and maintain your user account.
• To provide personalized fitness coaching, workout programming, nutrition guidance, habit tracking, progress monitoring, and other Services requested by you.
• To communicate with you regarding your account, subscriptions, coaching, customer support requests, updates, or other service-related matters.
• To personalize and improve your experience on the Platform.
• To monitor your fitness progress, including through workout logs, body measurements, progress photographs, check-ins, and other information voluntarily provided by you.
• To process payments, manage subscriptions, and maintain billing records.
• To analyze the performance, security, and functionality of the Platform, troubleshoot technical issues, and improve the quality of our Services.
• To detect, investigate, prevent, and protect against fraud, unauthorized access, security incidents, illegal activities, and violations of our Terms of Use.
• To comply with applicable legal, regulatory, tax, accounting, and reporting obligations.
• To send you service-related communications and, where permitted by applicable law or with your consent where required, information regarding new features, products, promotions, or other marketing communications. You may opt out of receiving marketing communications at any time.
• To enforce our contractual rights, protect the rights, property, safety, and security of the Company, our users, and third parties, and for any other purpose disclosed to you at the time your information is collected or otherwise permitted by applicable law.

Progress photographs, body measurements, workout history, and other coaching-related information submitted through the Platform are used solely for the purpose of providing personalized coaching services, monitoring your progress, and improving your coaching experience. Such information will not be used for advertising or marketing purposes without your explicit consent.

Where required under applicable data protection laws, the Company processes personal information on the basis of one or more lawful grounds, including the performance of a contract, compliance with legal obligations, the Company's legitimate interests, the protection of vital interests, or your consent, where such consent is required.

4. Privacy, Security Policy and Disclosure

The Company is committed to protecting the confidentiality, integrity, and security of your personal information. We implement appropriate technical, administrative, and organizational measures designed to safeguard personal information against unauthorized access, alteration, disclosure, loss, misuse, or destruction, taking into account the nature of the information processed and the risks involved.

While we strive to use commercially reasonable safeguards consistent with industry standards, no method of electronic transmission or electronic storage can be guaranteed to be completely secure. Accordingly, the Company cannot guarantee the absolute security of any information transmitted to or stored through the Platform.

The Company does not sell or rent your personal information to third parties for their own marketing purposes.

We may disclose or transfer personal information to trusted third-party service providers, contractors, affiliates, and business partners where such disclosure is reasonably necessary to operate the Platform, provide the Services, process payments, deliver customer support, maintain the security of the Platform, comply with legal obligations, or otherwise fulfill the purposes described in this Privacy Policy. Such recipients are required to implement appropriate technical and organizational safeguards and may only process personal information in accordance with applicable law and our contractual instructions.

Where required by applicable law, we may also disclose personal information to competent governmental authorities, regulatory bodies, courts, or law enforcement agencies, or where such disclosure is necessary to establish, exercise, or defend legal claims, protect the rights, property, or safety of the Company, our users, or third parties, or comply with applicable legal obligations.

The Company uses industry-standard encryption technologies, including Secure Socket Layer ("SSL") or equivalent encryption protocols where appropriate, to protect sensitive information transmitted through the Platform.

Users acknowledge that, despite reasonable security measures, the transmission of information over the Internet is inherently subject to security risks beyond the Company's control. To the fullest extent permitted by applicable law, the Company shall not be liable for unauthorized access to or disclosure of personal information resulting from circumstances beyond its reasonable control, including cyberattacks, failures of telecommunications infrastructure, or other events that could not reasonably have been prevented through appropriate security measures.

5. Communications

The Company may send you emails, push notifications, newsletters, and other communications relating to your account, subscriptions, coaching services, Platform updates, security notices, and other service-related information.

Where permitted by applicable law or where you have provided your consent, the Company may also send you promotional or marketing communications regarding new services, features, offers, or events.

You may opt out of receiving marketing communications at any time by following the unsubscribe instructions contained in such communications or by contacting us at contact@pmxtrainer.com. Please note that you may continue to receive communications that are necessary for the administration of your account or the provision of the Services.

6. Contact Information

If you have any questions regarding this Privacy Policy or wish to exercise your rights under applicable data protection laws, please contact us at:

PMXTRAINER SARL
Email: contact@pmxtrainer.com

If you are located in the European Economic Area, you also have the right to lodge a complaint with your local data protection authority, including the Commission Nationale de l'Informatique et des Libertés (CNIL) in France.

7. Health Disclaimer 

PMX PARIS provides fitness, wellness, nutrition, and coaching services for informational and educational purposes only. The Services are not intended to constitute medical advice, diagnosis, or treatment, nor are they a substitute for professional medical care.

By using the Platform, you acknowledge that participation in physical exercise involves inherent risks. You should consult a qualified physician or other licensed healthcare professional and obtain appropriate medical clearance before beginning any exercise, nutrition, or wellness program, particularly if you have any medical condition, injury, illness, are pregnant, have recently given birth, or have other health concerns.

PMXTRAINER provides coaching services only and does not provide medical or other licensed healthcare services. Nothing contained within the Platform creates a physician-patient or other healthcare provider-patient relationship.

The Platform is powered by FitBudd Inc., a technology service provider incorporated in the United States. Neither PMXTRAINER nor FitBudd is generally subject to the United States Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Accordingly, personal information processed through the Platform is not protected by HIPAA and is instead processed in accordance with this Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.

To the fullest extent permitted by applicable law, neither PMXTRAINER nor FitBudd shall be liable for any injury, illness, loss, damage, or claim arising from or related to your use of the Services, except where such liability cannot legally be excluded or limited.

8. Data Retention

The Company retains personal information only for as long as necessary to fulfill the purposes described in this Privacy Policy, provide the Services, comply with applicable legal obligations, resolve disputes, enforce our agreements, and protect the Company's legitimate interests.

The applicable retention period depends on the nature of the personal information collected, the purpose for which it was collected, and any legal or regulatory requirements. When personal information is no longer required, it will be securely deleted or anonymized in accordance with applicable law and the Company's data retention practices.

9. Data Deletion

Users may request the deletion of their account and associated personal information at any time by using the data deletion feature available within the Platform or by submitting a request through our dedicated data deletion page at https://pmxparis.fitbudd.com/data-deletion.

Upon receipt of a valid request, the Company will delete or anonymize the applicable personal information within a reasonable period, unless retention is required or permitted by applicable law, including to comply with legal obligations, resolve disputes, enforce our agreements, or protect our legitimate interests.

Certain information may be retained in an anonymized or aggregated form for statistical, analytical, or business purposes, provided that such information can no longer be used to identify you.

10. International Data Transfers

The Company and its authorized service providers may process and store personal information in countries other than the country in which you reside, including, where applicable, France, the United States, India, and other jurisdictions in which they operate.

Where personal information is transferred internationally, the Company will implement appropriate safeguards to ensure that such transfers comply with applicable data protection laws, including the General Data Protection Regulation ("GDPR"), where applicable. Such safeguards may include the use of the European Commission's Standard Contractual Clauses or other legally recognized transfer mechanisms.

By using the Platform, you acknowledge that your personal information may be transferred to, processed, and stored in jurisdictions outside your country of residence, which may have different data protection laws than those of your home jurisdiction.

Note

This Privacy Policy and the Disclaimer provided separately form an integral part of the Terms of Use of the Platform and should be read in conjunction.