PRIVACY POLICY

1. INTRODUCTION

This privacy notice provides you with details of how we collect and process your personal data through your use of our sites https://opexfit.com / https://members.opexfit.com / https://learnrx.app / https://coachrx.app / https://store.opexfit.com.

By providing us with your data, you warrant to us that you are over 18 years of age.

OPTIMUM PERFORMANCE TRAINING INC DBA “OPEX” [is/am/are] the data controller, and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).

Contact Details

Our full details are:

Full name of legal entity: OPTIMUM PERFORMANCE TRAINING INC DBA “OPEX”

Email address: support@opexfit.com

Postal address: 15029 N Thompson Peak Pkwy, Ste B111 481 Scottsdale , AZ, 85260-2568

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at support@opexfit.com

2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE, AND ON WHAT GROUND WE PROCESS IT

Personal data means any information capable of identifying an individual. It does not include anonymized data.
We may process the following categories of personal data about you:

  • Communication Data includes any communication that you send to us, whether that be through the contact form on our website, through email, text, social media messaging, social media posting, or any other communication that you send us. We process this data for the purposes of communicating with you, for record-keeping, and for the establishment, pursuance, or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records, and to establish, pursue or defend legal claims.

  • Customer Data includes data relating to any purchases of goods and/or services, such as your name, title, billing address, delivery address, email address, phone number, contact details, purchase details, and card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

  • User Data includes data about how you use our website and any online services, together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back-ups of our website and/or databases, and to enable publication and administration of our website, other online services, and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

  • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings, and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you, and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to administer our website and our business properly and grow our business, and decide our marketing strategy.

  • Marketing Data includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions, such as competitions, prize draws, and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business, and to decide our marketing strategy.

  • We may use Customer Data, User Data, Technical Data, and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely, to grow our business). [NOTE SEE SECTION 4 BELOW]

  • Health and Fitness Data (Mobile App): When you use our mobile application (CoachRx), we may collect and process health and fitness data from your device with your explicit permission. This data is collected through integration with Android Health Connect and may include:

  • Data Types We Collect:

    • Step Count Data - Daily step counts and walking/running activity to track your movement and progress toward fitness goals

    • Exercise and Workout Data - Information about your exercise sessions including type of activity, duration, intensity, and calories burned

    • Heart Rate Variability (HRV) - Heart rate variability measurements to assess recovery status and training readiness

    • Nutrition Data - Information about your food intake, macronutrient consumption, calorie tracking, and dietary habits

    • Resting Heart Rate - Your resting heart rate measurements to monitor cardiovascular fitness and recovery

    • Sleep Data - Sleep duration, sleep stages (light, deep, REM), sleep quality metrics, and sleep schedule patterns

    • Physical Activity Recognition - Automatic detection and classification of physical activities you perform throughout the day

    • Body Sensor Data - Data from wearable devices and fitness trackers that measure physiological metrics

  • How We Use Your Health Data: We use this health and fitness data for the following specific purposes:

  1. Progress Tracking - To help you monitor your fitness progress over time, visualize trends in your health metrics, and track achievement of your personal fitness goals

  2. Performance Analysis - To analyze your workout performance, recovery patterns, and training adaptations to optimize your programming

  3. Coach Communication - To share relevant health and fitness data with your assigned OPEX coach (if you have one) to enable personalized coaching and program adjustments

  4. App Functionality - To power core features of our mobile application including workout logging, progress dashboards, and training recommendations

  • Your Consent and Control:

    • Collection of health data requires your explicit permission through Android Health Connect permissions

    • You can revoke access to any health data category at any time through your device settings

    • Health data is only shared with your coach

  • Data Storage and Security:

  • Your health and fitness data is:

    • Encrypted in transit using industry-standard encryption protocols

    • Stored on secure servers with restricted access

    • Never sold to third parties for marketing or advertising purposes

    • Only accessible by authorized personnel who need it to provide you with services

    • Retained only as long as necessary to provide you with coaching services or as required by law

  • Third-Party Integrations: We may integrate with third-party fitness platforms and wearable devices (such as fitness trackers and smartwatches) to collect health data. When you connect third-party services, you authorize us to access the specific health data types you permit through those platforms.

  • Health Data is Not Used For:

    • We do not use your health data for advertising or marketing purposes

    • We do not sell your health data to third parties

    • We do not share your health data with insurance companies

    • We do not use your health data to make automated decisions about insurance, employment, or creditworthiness

  • The lawful grounds for processing your health data are:

    • Explicit Consent - You provide explicit, informed consent when granting permissions through Android Health Connect

    • Contract Performance - Processing is necessary to deliver the personalized coaching services you have contracted for

  • You have the right to withdraw your consent at any time by revoking app permissions in your device settings or by contacting us at support@opexfit.com.

  • Sensitive Data: We collect health and fitness data through our mobile applications as described in the "Health and Fitness Data (Mobile App)" section above. This is the only category of sensitive data we collect. We do not collect any other categories of Sensitive Data about you, including details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, genetic and biometric data (beyond fitness-related biometrics), or information about criminal convictions and offenses.

3. HOW WE COLLECT YOUR PERSONAL DATA

We may collect data about you by you providing the data directly to us (for example, by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this.

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment, and delivery services, such as data brokers or aggregators.

4. MARKETING COMMUNICATIONS

Our lawful ground for processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely, to grow our business).

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case, you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.

Before we share your personal data with any third party for their own marketing purposes, we will get your express consent.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at support@opexfit.com at any time.

If you opt out of receiving marketing communications, this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations, etc.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below:

  • Service providers who provide IT and system administration services.

  • Professional advisers, including lawyers, bankers, auditors, and insurers

  • Government bodies that require us to report processing activities.

  • Third parties to whom we sell, transfer or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

We will only transfer your personal data to countries that the European Commission has approved as providing an adequate level of protection for personal data by; or
Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

7. DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

8. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data, we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes if these can be achieved by other means and legal requirements.

For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they stop being customers.

In some circumstances, we may anonymize your personal data for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Under data protection laws, you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, object to processing, portability of data, and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
If you wish to exercise any of the rights set out above, please email us at ccpsupport@opexfit.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (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. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

10. THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

11. COOKIES

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.