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FIT IN 52 LLC PRIVACY POLICY

Effective Date: May 22, 2024.

This privacy policy describes the type of information Fit in 52 LLC and our affiliates (collectively, “Fit in 52”, “we”, “us”, and “our”) collects, uses, and shares when you use the Fit52 application (the “App”) and any other location where this Privacy Policy is made available to you (the “Service”). This privacy policy also informs you of your rights and choices with respect to the information we collect about you.

‍WHO WE ARE 
We act as a data controller and are responsible for our processing of personal data by the Service under applicable privacy and data protection laws.

The Service may be operated by our partners and third parties on our behalf. In such cases, we will disclose the relevant third parties on the Service and/or at the point of data collection.

In particular, we partner with Path NewCo Wellness Inc. to run and operate the App. Path NewCo Wellness Inc. will process information in connection with the App in accordance with the privacy policy available here.
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‍WHO WE ARE 
‍To make a request regarding any privacy rights you may have, please email us at privacy@fit52.com and specifying you are making a “Fit in 52 LLC privacy request”. To contact us about questions or comments on this privacy policy or our data practices, you can email us at the email address above or write to us at 1920 Adelicia St., Suite 300, Nashville, TN 37212.  

INFORMATION WE COLLECT
In connection with the Service, we collect the following categories of information:

Category of Information: Information you choose to provide via the Service or through other interactions with us, such as e-mail, social media, SMS, telephone, or other method
What may be collected:
∙   your name,
∙   country of residence,
∙   e-mail address,
∙   phone number,
∙   login information, including certain social media profile information if you login with a social media account,
∙   gender,
∙   age or date of birth,
∙   payment card information,
∙   billing and/or shipping address,
∙   clothing sizes or similar physical descriptions,
∙   personal description,
∙   photographs or images,
∙   comments
How it is collected, where applicable:
∙   Forms you fill out on our Service, including subscribing to direct marketing, creating an account, searches, or linking a social media account;
∙   Correspondence with us (e-mails, phone transcripts or otherwise);
∙   Purchases or orders placed on the Service;
∙   Participation in forums, chats, or other social media functions on the Service;
∙   Entering a competition, promotion, or survey;
∙   Reporting a problem on the Service or requesting support.
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Category of Information: Information collected through your use of an App
What may be collected:
∙   IP address and network information,
∙   location (based on IP lookup),
∙   user agent string including browser and OS version,
∙   language and time zone,
∙   identifiers set by cookies or similar tracking information (see cookies disclosure below),
∙   unique device identifiers and hardware version,
∙   page response times,
∙   download or content errors,
∙   page interaction information (such as scrolling, clicks, and mouse-overs, length of visit, pages viewed),
∙   methods used to browse away from the page.
How it is collected, where applicable:
Information collected from third parties

Category of Information: Information collected through your use of an App
What may be collected:
∙   name,
∙   age or birthdate,
∙   address,
∙   phone number,
∙   gender,
∙   household income,
∙   device OS,
∙   brand affinities,
∙   consumer profile category,
∙   other interests and preferences.
How it is collected, where applicable:
Consistent with applicable laws, we may match and supplement information you provide, such as your email address or phone number, with data held by third party data providers or data brokers.

HOW YOUR INFORMATION MAY BE USED: 
We may use information we collect to:
∙Respond to requests and/or queries, including customer support queries,
∙Fulfil orders, process payments, and provide order-related updates,
∙Send marketing communications via email, SMS, or direct messages,
∙Advertise our products or the products of third parties that we believe may be of interest,
∙Create segments of users with similar features for ad targeting or seeding lookalike audiences,
∙Operate, measure, and audit online advertisements,
∙Build user profiles to assist us in understanding your interests, create marketing or advertising segments, and predict likely sales, marketing, or advertising outcomes,
∙Train AI or machine learning models that analyze or predict sales, marketing, or advertising outcomes,
∙Personalize and improve our Service, products, and services,
∙Administer promotions, contests, or sweepstakes,
∙Operate and administer our Service, including troubleshooting, data analysis, testing, research, statistics, and other internal operations,
∙Manage your access to our Service, including notifying you of changes to the Service,
∙Analyze usage of our Service,
∙Secure our Service and prevent fraud or other illegal activities,
∙Resolve disputes and/or enforce our agreements,
∙Comply with legal and regulatory obligations.

HOW YOUR INFORMATION MAY BE SHARED
‍In compliance with applicable laws, we may share information about you with other parties to facilitate the uses described above, including:
∙Our affiliates, record labels, and joint venture partners that we have now or may have in the future,
∙Our business partners, suppliers, agents, and sub-contractors who provide services on our behalf,
∙With other users where you leave comments or otherwise contribute content to an App,
∙ Advertisers, advertising networks and social networks,
∙ As part of an actual or potential corporate sale, merger, or acquisition, or other transfer of all or part of Fit in 52,
∙ Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, to protect our rights or the rights of third parties, or to protect the safety or security of any person or entity, or
∙With your consent or as otherwise disclosed at the time of data collection or sharing.

STORAGE AND RETENTION OF INFORMATION
‍We will retain the information we collect in accordance with applicable laws and as reasonably necessary for our processing purposes set out under this privacy policy, including resolution of disputes, enforcement of agreements, securing the Service, and to comply with our legal obligations. When personal data is no longer necessary for our purposes we will delete or deidentify the data.

We will also take steps to ensure that the information we collect is treated securely and in accordance with this privacy policy.

We have put in place technical and organisational procedures designed to safeguard the information we collect. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect the information we collect, we cannot guarantee its security.

CHILDREN
‍Our Service is not directed toward children (as defined by local law) nor does Fit in 52 knowingly collect information from children (as defined by local law) without parental consent except where in compliance with applicable laws.

INTERNATIONAL TRANSFERS
‍We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this privacy policy. If your data is collected in the European Union, the United Kingdom, or Switzerland (collectively, the “EU”), we will transfer your personal data subject to appropriate or suitable safeguards, such as Standard Contractual Clauses.

‍YOUR RIGHTS
‍You may have certain rights regarding our processing of personal data about you. These rights may include access to, rectification, erasure, and/or portability of your personal data. You can exercise these rights by contacting us as described in the “Contact Us” section above. We may take steps to verify your identity before completing your request. Our verification measures vary based on the risk to the individual and may involve confirming access to the relevant email account, providing a government-issued ID or other identification documents, or providing other account details or information that indicates a valid request.

EUROPEAN AND UK RIGHTS
This section of the privacy policy applies only if you use the Service from a country that is a Member State of the European Economic Area and supplements the information in the privacy policy.

Fit in 52 collects and uses personal data as described in the “Information we collect” and “How your information may be used” sections above. We may disclose personal data about you as described in the “How your information may be shared” section above. Fit in 52 may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

You may be entitled, subject to validation of your identity and in accordance with applicable law, to:
∙Confirm whether we process the consumer’s personal data and to access such information;
∙ Correct inaccuracies in personal data;
∙ Delete personal data;
∙ Data portability;
∙ Withdraw consent you have previously given; and
∙ Object to or request the restriction of processing of your personal data.

Legal Basis for Data Processing: We process personal data for the purposes set out in the privacy policy. Our legal bases to process personal data includes processing that is: necessary for the performance of the contract between you and us (for example, to provide you with the services you request and to identify and authenticate you so you may use the Service); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Service); and based on the consent of our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time (by using preference settings found in our emails/Service or by contacting Fit in 52 as described above) without affecting the lawfulness of processing based on consent before its withdrawal.

We may use automated decision-making technologies, including profiling, to support our data processing activities. Our automated decision-making capabilities include logic that attempts to identify artists, music, communications, products, or offers that we believe may interest you. By using this logic, it helps us personalize your interactions with Fit in 52. For you, this means that you may see online advertisements, direct marketing communications (if you have subscribed), or other advertising or marketing messages or special offers based on your activity on our Service or interactions with Fit in 52 or our partners.

In some instances, you may be required to provide us with personal data for processing as described above, for us to be able to provide you to use all the features of the Service.

Complaints: You may also be entitled, in accordance with applicable law, to lodge a complaint with a supervisory authority if you consider that our processing of your personal data infringes applicable law. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us. To do so, please contact us as set forth in the “Contact Us” section above.

CHANGES TO OUR PRIVACY POLICY
‍Any material changes we may make to our privacy policy in the future will be posted here. Please check back frequently to see any updates or changes to our privacy policy.

DIGITAL ADVERTISING
‍We use partners to enable targeted advertising on social media platforms, websites, and mobile apps that are not owned or operated by us. These companies collect information through our Service to target users and serve ads. Some of these ads may be personalized, meaning that these ads are intended to be relevant to you based on information the companies collect or receive about your use of our Service and non-affiliated sites and apps over time, including through the use of cookies and other tracking technologies.

Visit the DAA Webchoices tool at www.aboutads.info to learn more about targeted advertising and how to opt out of targeted advertising by companies participating in the DAA self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA Webchoices tool.

To opt-out of targeted advertising in mobile apps by companies participating in the DAA’s AppChoices program, you can download that app onto your device from https://youradchoices.com/appchoices. You can also limit data collection and use by third parties for targeted advertising in your mobile device settings, where available.
Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests.

COOKIE POLICY AND OTHER TRACKING TECHNOLOGIES
‍Our Service use cookies and other tracking technologies to improve your experience and support targeted advertising. For the purpose of this Cookies Policy, cookies, and other tracking technologies (like scripts, plug-ins, tags, device fingerprints, Local Stored Objects, beacons, and pixels) are all referred to as “cookies.”

Most internet browsers are automatically set up to accept cookies. However, if you want to refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. Please note you may not be able to take advantage of all the features of our Service, including certain personalised features, if you delete or disable cookies. For more information on how the App uses cookies, as well as your rights and choices, please visit the Fit52 privacy policy.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on managing cookies and “Do Not Track”, please go to www.allaboutcookies.org, or visit www.youronlinechoices.eu which has further information about behavioural advertising and online privacy.


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