PHLEX

PRIVACY POLICY

Last updated: April 24th, 2023 

This is the privacy policy (“Privacy Policy”) that governs how Phlex Sports Co.  and our affiliated companies (“Phlex”,  “we”, “our” or “us”), use Personal Data (defined below) that we process in connection with your use of our (i)  website www.phlexswim.com and any other website that links to this Privacy Policy (each, together with its sub domains, content, and services, a “Site”); (ii) our widgets, tools, software, hardware, API’s and other services that  we provide (collectively, our “Technology”); and (iii) our mobile applications (collectively, our “Apps”, and, together with the Site andTechnology, our “Service”).  

You may choose whether or not to provide or disclose Personal Data in connection with your use of our Service. If  you choose not to provide the Personal Data we request, you may still visit and use parts of our Service, but may be  unable to access or use certain features, options, programs, and services. Our Service may contain links to third party websites and services that are not owned or controlled by Phlex. We are not responsible for the privacy  practices or the content of third party websites, services and advertisements, and you visit them at your own risk.

1. INTRODUCTION.

We are committed to respecting privacy and recognize the need for appropriate protection and management of  anyPersonal Data that is shared with us as part of using our Service. As used in this Privacy Policy, “Personal  Data” means any information that may be used, either alone or in combination with other information, to personally  identify an individual.

2. CHANGES TO THIS PRIVACY POLICY.  

We reserve the right, at our discretion, to change the terms of this Privacy Policy at any time. You can see when this  Privacy Policy was last updated by reviewing the “Last Updated” legend on the top of this page. We may provide  you with notice of material changes to the Privacy Policy as appropriate under the circumstances. UNLESS  OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY  UPON POSTING TO OUR SITE.  

3. PERSONAL DATA WE COLLECT.

(a) Personal Data You Provide To Us Through Our Services.  

We and our service providers collect the Personal Data set forth below in order to provide our Service to you, or  because we are legally required to do so. If you do not provide the Personal Data we request, we may not be able to  provide you with our Service. The Personal Data we and our service providers collect includes but is not limited to:

• Your name;

• Email address;

• Age;

• Gender;

• Profile Picture;

• User name;

• Password;

• Location;

• Data concerning health (as defined below); and

• Communications you send to us.

(b) Data Concerning Health.

Through our Service, we may process data concerning health in accordance with our Health Data Policy (Section  16). As used in our Health Data Policy, “data concerning health” or “Health Data” means personal data related to  the physical or mental health of a natural person which reveals information about his or her health status. Phlex  collects the following types of Health Data:

• Height;
• Weight;

• Heart rate (active, resting, and recovering); and
• Calorie consumption (anaerobic and aerobic).
• Activity Recordings
• Activity time and distance

4. WHEN PERSONAL DATA IS COLLECTED.  

You may be required to provide us with certain information that may constitute Personal Data in the following  ways:

(a) Contact Information.

In various areas of our Service and in printed materials, we provide you the opportunity to submit a form with basic  contact information, such as your name, email, or mailing address. With your permission, Phlex uses such  information to inform you of new products, technical information and services, and upcoming events that may be of  interest. If you no longer wish to receive these emails, the opt-out process is described in Section 10 of this Privacy  Policy. In addition, if you choose, you may participate in a Phlex e-mail list server by subscribing within our Service  or by contacting Phlex staff directly. You may unsubscribe from these e-mail list servers by following the  unsubscribe instructions found within the list email. 

(b) Member Login Information.

We process your username and password to enable you to securely log into our Service, and we process information  regarding your role with Phlex to appropriately control access to restricted content. We process this Personal Data only as necessary to provide you services on our Service under our Terms of Use www.phlexswim.com/terms-of-service and to further our  legitimate interests in protecting our Service and content. 

(c) Payment Information.

When you purchase services or products from us, third-party service providers acting on our behalf process payment  information, including payment card details and billing and shipping addresses, to help us fulfill your orders. Any  Personal Data collected by such third parties will be subject to the third parties’ privacy policy, rather than this  Privacy Policy. 

(d) Information Collected Through Various Forms.

We and our service providers may collect Personal Data in a variety of ways, including: (i) through use of our Service, e.g., when you sign up for a newsletter or make a purchase; (ii) offline, such as when you attend one of our  conventions or contact customer service; or (iii) from other sources, such as public databases, joint marketing  partners, social media platforms. 

(e) Personal Data You Disclose Relating to Others.

If you disclose any Personal Data relating to other people to us or to our service providers in connection with our Service, you represent that you have the authority to do so and to permit us to use the information in accordance  with this Privacy Policy. 

(f) Social Media.

One of the special features of the Service is that it allows you to enable or log in to the Services via various social  networking services like Facebook or Twitter (“Social Networking Service(s)”). By directly integrating these  services, we make your online experiences richer and more personalized. To take advantage of this feature, we will  ask you to log into or grant us permission via the relevant Social Networking Service. When you add a Social  Networking Services account to the Service or log into the Service using your Social Networking Services account,  we will collect relevant information necessary to enable the Service to access that Social Networking Service and  your data contained within that Social Networking Service.  

As part of such integration, the Social Networking Service will provide us with access to certain information that  you have provided to the Social Networking Service, and we will use, store and disclose such information in  accordance with this Privacy Policy. However, please remember that the manner in which Social Networking  Services use, store and disclose your information is governed by the policies of such third parties, and Phlex shall  have no liability or responsibility for the privacy practices or other actions of any Social Networking Services that  may be enabled within the Service.

You may also have the option of posting your activities on our Service to Social Networking Services when you  access content through the Service (for example, you may post to Facebook that you performed an activity on the  Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any  Social Networking Services you have enabled will be able to view such activity.

(g) Location Information.

Our Service may feature or include various location-based components. To provide these location-based features,  Phlex and our partners and licensees may collect, use and share your precise location information, including the real time geographic location of your mobile device or Phlex Technology. For some third-party partners, this location  information will be shared automatically. For others, this information will only be shared with your explicit  permission or if you choose to share it. Location information includes, but is not limited to, any information we  derive in order to identify your geographic position. This information may be collected from your wireless carrier,  certain third party service providers, or directly from the mobile device that you previously registered for use with  Phlex. The collection and tracking of your location information may occur even when the Phlex App is not actively  open and running. Your location information, however, is only displayed and shared in accordance with your  established privacy settings.

We may combine the Personal Data and/or the location information that you submit under your account with  information from other services or third parties in order to provide you with an enhanced experience and/or to  improve the overall quality of our Services. For certain services, we may give you an opportunity to opt out of the  combination of such information.

If you choose to enable our location features, your location information may be publicly displayed within the  Service. Please keep in mind that other users can see this information about you, and they may use it or disclose it to  other individuals or entities outside of our control and without your knowledge. Your location information may be  subject to abuse, misuse, and monitoring by others, so please be careful if you choose to enable location  functionality.

5. PERSONAL DATA YOU PROVIDE TO THIRD PARTIES ON OUR SERVICE.

Please note that we use certain third party service providers on our Service to enhance your experience or deliver  certain services. These providers may collect Personal Data about you in performing their services and/or functions  on our Service. For more information on our third party service providers, and their privacy practices, please review  the following:

• Amazon Web Services, for website hosting. For more information on this service provider, please review:  https://aws.amazon.com/privacy/ 
• OneSignal, for push notifications. For more information on this service provider, please review:  https://onesignal.com/privacy_policy 
• Strava, for option user integration. For more information on this service provider, please review:  https://www.strava.com/legal/privacy 
• Stripe, for payment processing. For more information on this service provider, please review:  https://stripe.com/en-pl/privacy
• Ship Station for shipping and handling services. For more information on this service provider, please review:  https://www.shipstation.com/privacy-policy/

6. INFORMATION COLLECTED AUTOMATICALLY.

Certain information on our Service is collected automatically by means of various software tools. We have a  legitimate interest in using such information to assist in log-in, systems administration purposes, information  security and abuse prevention, to track user trends, and to analyze the effectiveness of our Service. Alone or in  combination with other information, such automatically collected information may constitute Personal Data. Some  of our service providers (described in Section 8, below) may use cookies or other methods to gather information  regarding your use of our Service. Such third parties may use these cookies or other tracking methods for their own  purposes by relating information about your use of our Service with any Personal Data about you that they may  have. The use of such information by a third party depends on the privacy policy of that third party.  

(a) Log Files On Our Service.

The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service  Provider , date/time stamp, referring/exit pages, clicked pages and any other information your browser may  send to us.  

(b) Cookies.

We use cookies to make interactions with our Service easy and meaningful. When you visit our Service, our servers  may send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize  your web browser. Unless you choose to identify yourself to us, either by responding to a promotional offer, opening  an account, or filling out a web form, you remain anonymous to us.

We may use cookies that are session-based or persistent. Session cookies exist only during one session. They  disappear from your computer when you close your browser software or turn off your computer. Persistent cookies  remain on your computer after you close your browser or turn off your computer. Please note that if you disable  your web browser’s ability to accept cookies, you will be able to navigate our Service, but you may not be able to  successfully use all of the features of our Service. The following sets out how we may use different categories of  cookies and your options for managing cookie settings:

(c) Analytics Software Tools.

We use Google Firebase and Google Analytics on our Service to help us analyze the traffic on our Service. For  more information on Google Analytics’ processing of Personal Data, please see  http://www.google.com/policies/privacy/partners/. By using a browser plugin http://www.google.com/a ds/preferences/plugin/ provided by Google, you can opt out of Google Analytics.  

(d) Do Not Track Signals.  

Phlex does not track Service users over time and across third party websites to provide targeted advertising.  Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or  other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data  about an individual consumer's online activities over time and across third-party websites or online services.

(e) Other Tracking Technologies.  

When you visit our Service, we may collect your IP address for certain purposes such as, for example, to monitor the  regions from which you navigate our Service. We may also use web beacons alone or in conjunction with cookies to  compile information about your usage of our Service and interaction with emails from us. Web beacons are clear  electronic images that can recognize certain types of information on your computer, such as cookies, when you  viewed a particular site tied to the web beacon. For example, we may place web beacons in marketing emails that  notify us when you click on a link in the email that directs you to our Service. We may use web beacons to operate  and improve our Service and email communications.  

7. THE PURPOSES FOR WHICH WE USE PERSONAL DATA.

If you submit or we collect Personal Data through our Service, then such Personal Data may be used in the  following ways: (i) to provide, analyze, administer, and improve our Service and related services, (ii) to contact you  in connection with our Service and certain services, notifications, events, programs or offerings that you may have  registered for, (iii) to send you updates and promotional materials that you have registered for, (iv) to identify and  authenticate your access to the parts of our Service and related services that you are authorized to access; (v) for recruiting and human resources administration purposes, and (vi) to protect our rights and/or our property and to  ensure the technical functionality and security of our Service.

8. HOW WE DISCLOSE PERSONAL DATA.

We do not sell, lease, rent or otherwise disclose the Personal Data collected from our Service to third parties unless  otherwise stated below or with your consent.

(a) Our Third Party Providers.

We transfer Personal Data to our third party service providers to perform tasks on our behalf and to assist us in  providing our Service, as more fully described in Section 5. Additionally, as directed by you, we may provide data,  including Personal Data, to third-party service providers on your behalf. For example, we offer optional integration  with Strava for athletic tracking purposes. This enables you to integrate our Service with other similar services to  enhance your user experience. We use commercially reasonable efforts to only engage or interact with third party  service providers and partners that post a privacy policy governing their processing of Personal Data.  Notwithstanding the foregoing, we will comply with applicable laws regarding Personal Data transfers as well as  any transfer restriction that is specified in an agreement between Phlex and a customer.

(b) Social Media Services.  

Third-party social networks that provide widgets or features on our Service may use cookies or other methods (for  example, web beacons) to gather information regarding your use of our Service. The use of such information by a  third party depends on the privacy policy available on that social network’s website, which we encourage you to  carefully review. Such third parties may use these cookies or other tracking methods for their own purposes by  relating information about your use of our Service with any of your Personal Data that they may have.

(c) When You Add Friends.

By adding friends, you are giving Phlex permission to allow that friend to view select Personal Data. Phlex lets you  add friends who are already Phlex users or invite friends who have not yet joined. You can add friends by providing  their email addresses or by accessing social networking accounts. When you share your friends’ contact information  with Phlex to add them as a friend, it will only be used for this purpose. It is your choice whether to invite someone  to our Services, send a connection request, or allow another user to become your connection. When you invite  someone to connect with you, your invitation will include your name, photo and contact information. We will send  invitation reminders to the person you invited. You can choose whether or not to share your own list of connections  with your connections.

(d) Advertising.  

From time-to-time, we engage advertising services to assist us in advertising our brand and Service. Those services  may target advertisements on third-party websites based on cookies or other information indicating previous  interaction with our Service.

(e) Aggregate Information.

To better serve you and improve our Services, Phlex may conduct research on user demographics, interests and  behavior based on the Personal Data and other information provided to Phlex. This research may be compiled and  analyzed on an aggregate basis, and we may share this aggregated information with our affiliates, agents and  business partners. This aggregate information does not identify a user personally. Phlex may also disclose  aggregated information in order to describe our Services to current and prospective business partners, and to other  third parties for other lawful purposes.

(f) Business Partners.  

From time to time, we may partner with other companies to jointly offer products or services. If you purchase or  specifically express interest in a jointly-offered product or service from us, we may share Personal Data collected in  connection with your purchase or expression of interest with our joint promotion partner(s). We do not control our  business partners’ use of Personal Data we collect, and their use of the information will be in accordance with their  own privacy policies.

(g) In the Event of Merger, Sale, or Change of Control.

We may transfer or assign this Privacy Policy and any Personal Data to a third party entity that acquires or is merged  with us as part of a merger, acquisition, sale, or other change of control.

(h) Other Disclosures.

We may disclose Personal Data about you if we have a good faith belief that disclosure of such information is  helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental  request; (ii) enforce our terms of use, including investigations of potential violations thereof; (iii) detect, prevent, or  otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Phlex, our  users, or the public.

9. RETENTION OF PERSONAL DATA.

We reserve the right to retain any Personal Data as long as the Personal Data are needed to: (i) fulfill the purposes  that are described in Section 7 (The Purposes For Which We Use Personal Data), and (ii) comply with applicable  law.

10. YOUR RIGHTS.

(a) Personal Data.  

If you have an account on our Service, to the extent we are legally required, we provide access to—and the ability to  edit or delete—certain categories of Personal Data through the account. If you would like to access, amend, erase,  export (i.e., data portability), or object to or restrict the processing of Personal Data collected via our Service, you  may delete your account and all of your data associated with it via the Phlex Swim mobile app, submit a request via contactus@phlexswim.com or write to us at:

Phlex, LLC

7004 Tavistock Lakes BLVD

STE 132

Orlando, Florida, 32827

We will promptly review all such requests in accordance with applicable laws.  

(b) Lodging a Complaint.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other  regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We  encourage you to first reach out to us at contactus@phlexswim.com so we have an opportunity to address your  concerns directly before you do so.

(c) Opting-Out of Promotional Emails.

You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at  the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if  such a link is not available. Additionally, you may send a request specifying your communications preferences  to contactus@phlexswim.com. Customers cannot opt out of receiving transactional emails related to their account  with us or our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you  a response to any "Contact Us" request as well as administrative, maintenance and operational emails (for example,  in connection with a password reset request).

(d) Choices for Personal Data

When you sign up for our Service that requires registration, we may ask you provide certain Personal Data. If we  use this Personal Data in a manner different than the purpose for which it was collected, then we will ask you for  your specific consent prior to such use. If we propose to use Personal Data for any purposes other than those  described in this Privacy Policy and/or in the specific service notices, we will offer you an effective way to opt out  of such use of Personal Data for such identified other purposes. We will not collect or use sensitive information for  purposes other than those described in this Privacy Policy and/or in the specific service notices, unless we have  obtained your prior consent.

11. PERSONAL DATA TRANSFERRED FROM THE EU OR SWITZERLAND TO THE UNITED  STATES.

Phlex complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively,  “Privacy Shield”) as set forth by the US Department of Commerce regarding the collection, use, and retention of

Personal Data from European Union (the “EU”) member countries and Switzerland. Phlex has certified to the  Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for  Onward Transfer, Security, Data Integrity, Purpose Limitation, Access, Recourse, Enforcement, and Liability. A  violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the  United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the  Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield  program, and to view our certification page, to the extent available, please visit https://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, Phlex commits to resolve complaints about your privacy and our  collection or use of Personal Data about you. Persons from the EU or Switzerland who have inquiries or complaints  regarding this Privacy Policy should first contact us via email at: contactus@phlexswim.com.

Phlex has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an  alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of  your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us privacy-shield for more information and to file a complaint.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable  law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a  binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties  of data of EU or Swiss individuals received pursuant to the Privacy Shield, Phlex is potentially liable.

12. DATA SECURITY.

The security of Personal Data is important to us. We follow generally accepted industry standards to protect the  Personal Data submitted to us, both during transmission and once we receive it. However, no method of  transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use  commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security.

13. CHILDREN'S PRIVACY.

Our services are not intended for children under 13 years of age, and no one under age 13 may provide any personal information to us or through the Website or our services. We do not knowingly collect personal information from children under age 13. If you are under 13, do not use or provide any information on our Website or on or through our services. If we learn that we have collected personal information from a child under age 13, we will delete it. If you are the parent or guardian of a child under the age of thirteen (13) who you believe has provided Phlex with  Personal Data through our Services without your consent, please e-mail us at contactus@phlexswim.com so that we  can delete the child’s information from our records.

14. EXCLUSIONS.

This Privacy Policy does not apply to any Personal Data collected by Phlex other than Personal Data collected  through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Phlex  through the Services or through any other means. This includes, but is not limited to, information posted to any  public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and  other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be  deemed to be non-confidential and Phlex shall be free to reproduce, use, disclose, and distribute such Unsolicited  Information to others without limitation or attribution. You are responsible for the Personal Data you choose to  submit in these instances. For example, if you list your name and email address in a forum posting, that information  is public. Please take care when using these features. 

15. YOUR CALIFORNIA PRIVACY RIGHTS.  

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding  the disclosure of Personal Data about you by Phlex to third parties for the third parties’ direct marketing purposes.  To make such a request, please send an email to contactus@phlexswim.com or write to us:

7004 Tavistock Lakes BLVD

STE 132

Orlando, Florida, 32827

16. HEALTH DATA POLICY.

The Phlex App and Technology work together to collect Health Data in the course of your use of our Services. We  have created this Health Data Policy to explain our practices related to Health Data and your options regarding such data.  

(a) Consent To Process Health Data.

Health Data (i.e. “data concerning health”) is considered a Special Category of Personal Data under the Regulation  (EU) 2016/679 (General Data Protection Regulation or “GDPR”). As a result, Phlex will not process Health Data  without a lawful basis and your explicit consent. As used herein, “processing” means any operation or set of  operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means,  such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use,  disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction,  erasure or destruction.

Under the GDPR, explicit consent for the processing of Health Data as a Special Category of Personal Data for one  or more specified purposes forms a lawful basis for processing, subject to Union and Member State law.  Accordingly, Phlex will seek your explicit consent to process Health Data through a written declaration on the Phlex App that will be clear, intelligible, and easily accessible to you. By providing your consent, you agree that you have  been advised and understand that Phlex may collect, retain, and process Health Data for the purpose of providing the  Phlex Services.  

(b) Withdrawal of Consent.

You have the right to withdraw consent to the processing of Health Data at any time, but such withdrawal will not  affect the lawfulness of processing based on consent before your withdrawal. To withdraw your consent, you can  either (i) delete your account (ii) email us at contactus@phlexswim.com or (iii) write to us at:

Phlex, LLC

7004 Tavistock Lakes BLVD

STE 132

Orlando, Florida, 32827

(c) How We Protect Health Data.

The privacy and security of Health Data is very important to us. Taking into account the nature, scope, context and  purposes of processing Health Data as well as the risks of varying likelihood and severity for the rights and  freedoms of natural persons, Phlex has implemented appropriate technical and organizational measures to ensure  and to be able to demonstrate that its processing of Health Data is performed in accordance with applicable Data  Privacy Laws in the European Economic Area. These measures generally include: the encryption of Personal Data  using AES-256; the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing  systems and services; the ability to restore the availability and access to Personal Data in a timely manner in the  event of a physical or technical incident; and a process for regularly testing, assessing and evaluating the  effectiveness of technical and organizational measures for ensuring the security of the processing. Those measures  are reviewed and updated where necessary

17. CONTACTING US.

Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed  to contactus@phlexswim.com.