Privacy Policy

This Privacy Policy is effective as of January 1, 2024.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY

If you live in certain countries, additional terms may apply to you and can be found at the end of this Privacy Policy (the "Additional Terms"). These Additional Terms override the other terms of this Privacy Policy to the extent of any inconsistency.

We are committed to protecting your privacy as a user (referred to as "User", "you" or "your"), and we take our responsibility regarding the security of your Personal Data (defined below) very seriously. We will be clear and transparent about the Personal Data we are collecting and what we will do with that Personal Data.

This privacy notice (the "Privacy Policy") describes the types of Personal Data we collect on the Fitness Momness website (https://www.fitnessmomness.com/) (the “Website”) and Fitness Momness mobile application (the “App”), both of which are part of Fitness Mommness’s platform (the “Platform”). 

1. Who is responsible for processing your Personal Data?
Fitness Momness LLC (referred to as "Fitness Momness", "we", "us" or "our") is the "data controller" (i.e., the organization responsible) for all Personal Data that is collected and used via the platform for the purposes of data privacy laws, principles, and regulations which may apply to you (collectively, "Data Privacy Law").

2. What Personal Data do we collect (including by automated means)?

We may ask for and collect your Personal Data (either directly through your use of the Platform or when you communicate with us in any other way, or indirectly through our third party partners or providers) in a number of ways to provide you with the products or services that you request – please refer to Section 3 below for more information on how we use your Personal Data. "Personal Data" has the meaning given in the Data Privacy Law applicable to you, and includes any information or opinion relating to you which allows us to identify you, such as your name, phone number, social media name or ‘handle’, postal address, email address, details of products or services you have purchased, payment details and information about your access to our Websites. Specifically, we may (either directly or indirectly) collect the following categories of Personal Data:

  • First and last names

  • Email address

  • Date of birth

  • Postal address and country of residence

  • Telephone number

  • Information you provide about yourself in your User Account

  • Information about yourself which you choose to post or share on the App bulletin board or in comments

  • Information you provide about yourself which you choose to share with us via a free text field, for example, when completing workout reviews, giving feedback to us about your experience on the Platform, completing member surveys, etc.

  • Information about your purchases of products and services

  • Payment information and transaction details

  • Information about your use of the Platform

  • Communications with us or directed to us via letters, emails, chat services, calls, or social media

  • Any information you share in a social media post where you tag, use a hashtag, link, or otherwise direct the post to our attention

  • Your location where the IP address of your computer or device is used to determine your geographic location, so we can customize your experience on the Platform (e.g. language settings)

  • Internet or other similar network activity depending on your permissions. For example, browsing identifiers, advertising ID, cookie identifiers, information on your interaction with the website, or advertisement.

Some of the Platform’s functionalities (e.g. free text fields) may allow a User to enter information the User wants to share with Fitness Momness that could be of a sensitive nature. These free text fields may appear completing workout reviews, submitting feedback on your experience of the Platform, or when completing customer surveys. Users may also choose to share potentially sensitive information when interacting with our support team.

3. Why and how do we use your Personal Data?

Your Personal Data may be used for the following purposes:

3.1 Provide features of the Platform and the products and services you request:

We use Personal Data you give us to provide the Platform and the products and services you request, including:

  • To create and set up your User Account;

  • To fulfill any orders for products that you place on the Platform, including to communicate with you about the orders and to process information for our internal accounting, billing, and audit purposes;

  • If you choose to post on the Bulletin Board, the information that you share will be public information that can be accessed by anyone who is a subscriber on the App.

3.2 Communicate information about our products and services and for other promotional purposes:

With your consent, or as otherwise permitted by applicable Data Privacy Law, we will use your Personal Data to provide information and recommendations that we believe are of interest to you, prior to, during, and after your interactions with us, including marketing communications and news concerning our products, services, events and other promotions. You can opt-out at any time after you have given your consent to such communications. In providing tailored promotional materials to you, Fitness Momness may use the personal information collected through your use of the Platform, such as the user preferences you set and profile data you submit.

3.3 Customer service communications:

We use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us (e.g. to respond to your inquiries when you reach out to us). From time to time, we may also conduct customer surveys to gauge satisfaction with our Platform and the services and products that we provide.

3.4 Administrative or legal purposes: 

We use your Personal Data to operate our business, including for statistical and marketing analysis, systems testing and to diagnose technical and service problems, maintenance and development of our Platform, or in order to deal with a dispute or claim. We may also perform data analysis based on the data we collect from you for statistical and marketing analysis purposes – for example, we may use information about how users of our Platform search for and find specific workouts to better understand the best ways to organize and present the content that we offer.

3.5 Security, health, administrative, crime prevention/detection and legal purposes:

We may use your Personal Data to verify your information and identity, and to protect against, identify and prevent fraud and other unlawful activities. We may also share your Personal Data with government authorities or enforcement bodies for compliance with legal requirements, or as otherwise required or permitted by applicable Data Privacy Law.

3.6 Other purposes:

We may also use your Personal Data in other ways, and where we do so, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Law.

We will only process your personal data where we have a legal basis to do so, which will depend on the reasons for which we have collected and need to use your personal data. In most cases we will need to process your personal data so that we can enter into contracts with you under our terms of use (when orders for products are made), and to fulfill the provision or delivery of goods or services to you on the Platform (including subscriptions to the Platform).

Our processing of your Personal Data for the above purposes is done pursuant to the following legal basis:

  • to comply with a legal obligation;

  • the processing is necessary for the performance of a contract with you, such as providing you with our services on the Platform;

  • if it is in our legitimate interests to do so as a business (e.g., for administrative purposes or to improve the functionality of our Platform);

  • where you have consented to our using your personal data

  • where you have made such information public; and

  • to protect your vital interests or those of another person (e.g. in case of a medical emergency).

Where we receive your Personal Data as part of providing our services to you based on a contract, we require such Personal Data to be able to carry out the contract. Without that necessary Personal Data, we will not be able to provide our services to you.

4. How do we protect and manage your Personal Data (including international transfers and retention periods)?

4.1 Encryption and security

We follow strict security procedures in the storage and disclosure of your Personal Data, which are designed to protect it against misuse, unauthorized access, modification or disclosure and accidental loss, destruction or damage. The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting Personal Data and credit card details so that they can be securely transferred over the internet.

4.2 International transfers of your Personal Data

Fitness Momness operates in multiple jurisdictions.  The Personal Data that Fitness Momness collections from users will be stored in the United States of America and might also be shared with third party data recipients (e.g. technology support via Arketa, ecommerce and logistic providers, website design tools and plugins, etc.) that are not located in the United States of America for providing services to users or other business purposes.  Therefore, the Personal Data that you provide to Fitness Momness may be transferred internationally to countries other than the country in which you initially provided your data.  While some countries do not always have strong data privacy laws, we take measure to protect your Personal Data as described in this Privacy Policy and in compliance with applicable Data Privacy Law.  We also require all third party data recipients (including our service providers) to process your information in a secure manner and in accordance with applicable Data Privacy Law.

4.3 Retention of your Personal Data

We will not retain your data for longer than is necessary to fulfill the purposes for which it is being processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it, and whether we can achieve those purposes through other means.

We also consider the periods for which we might need to retain personal data in order to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made.

In general, this means that we will likely keep your Personal Data for as long as your User Account is open. Following closure of your User Account, however, we may still retain a limited portion of your Personal Data so that we can maintain a continuous relationship with you if and when we are in contact with you again, and to comply with our internal processes and any legal obligations.

When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimize over time the personal data that we use, and if we can fully anonymize your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.

Information that you have shared in the Bulletin Board will remain public to subscribers even after you have closed your account.

5. With whom do we share your Personal Data with?
We may share your Personal Data with the following people for the purposes described in this Privacy Policy:

  • Our trusted App provider, Arketa, for the purposes of technical support

  • Our trusted e-commerce providers who may fulfill digital or physical products on our behalf

  • Other companies, contractors or agents that assist us in providing services to you

  • Government authorities, law enforcement bodies and regulators for compliance with legal requirements, or where otherwise required by applicable Data Privacy Law; 

  • Our legal and other professional advisers in order to enforce our legal rights in relation to our contract with you; and

6. Your Rights and Choices
Under certain circumstances, by applicable Data Privacy Law you may have the right to:

6.1 Transparency

You have the right to request information about whether we hold Personal Data about you, and if so, what that information is and why we are holding/using it.

6.2 Access

You may request access to your Personal Data (commonly known as a “data subject access request”).  This enables you to receive a copy of the Personal Data we hold about you to check that we are lawfully processing it.

6.3 Correction

You have the right to request correction of the Personal Data that we hold about you.  This enables you to have any incomplete or inaccurate information we hold about you corrected.

6.4 Erasure

You can request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing.

6.5 Object

You may object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.

6.6 Restriction of processing

You have the right to request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.

6.7 Withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time by contacting us using the details in Section 12 below.  Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes to which you originally agreed, unless we have another proper and legitimate basis for doing so.

If you wish to exercise your rights related to your Personal Data (including the rights set out above), please contact the Fitness Momness team using the details in Section 12.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it and to prevent unauthorized modification of your Personal Data.


8. Cookies
A "cookie" is a small file stored on your device that contains information about your device. You have certain options with respect to the use of cookies and other tracking technologies on our site, including for the purposes of online interest-based advertising. You may also set your browser to send a Do Not Track (DNT) signal. Please note that our Website does not have the capability to respond to DNT signals received from web browsers at this time.

9. Links to other websites
Our Platform may provide links to other websites for your convenience and information. These websites may operate independently from us. If you visit any website linked to our Platform, you are subject to that website’s own privacy policies. Linked websites may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites are not owned or controlled by us, we are not responsible for their content, any use of the websites, or the privacy practices of the websites.

10. Updates to this Privacy Policy

Fitness Momness may revise and update this Privacy Policy at any time in its sole discretion by posting an updated Privacy Policy on the Platform. All such changes to the Privacy Policy are effective immediately when posted to the Platform and apply to all access to and use of the Platform thereafter.

12. How to contact us?

We welcome questions and comments about this Privacy Policy and our privacy practices. If we receive a complaint from you about how we have handled your Personal Data, we will investigate and determine what action we should take to resolve the complaint. We will contact you within a reasonable time and may request more information to assist us with our investigation. We aim to resolve all complaints in a timely manner.'


If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your Personal Data, please contact the Fitness Momenss team at the following email address: info@fitnessmomness.com.