Privacy Policy

2. Commitment to Privacy & GDPR Compliance

We are committed to protecting your privacy and handling your personal data lawfully, fairly, and transparently, in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and other applicable data protection laws.

3. Information We Collect

We collect information necessary to provide and improve our Services. This may include:

• Personal Identification Information: Name, email address, phone number, age, location (country, potentially city for service delivery).  
   
• Health and Fitness Information (Sensitive Data): Information you provide via contact forms or during coaching, such as weight, height, body measurements, fitness goals, training history, dietary preferences/restrictions, motivation levels, progress photos (only collected with your explicit consent), workout logs, meal logs, habit tracking data. We treat this sensitive data with extra care.
• Technical Data: IP address, browser type and version, device information, operating system, referral source, page views, website navigation paths, usage patterns, time zone setting.
• Account Information: Username, password, profile information for the App or Program account.
• Communication Data: Records of communication via email, the App, or other channels.
• Payment Information: Processed by third-party payment processors [Specify Processor(s)]. We do not store full payment card details.
• Cookie and Usage Data: See Section 12 (Cookie Policy).

4. How We Collect Your Information

• Directly from You: When you provide it by filling forms, signing up, using the App, communicating with us, or consenting to specific collections (like progress photos).
• Automatically: Via cookies and similar technologies on our Site and App (subject to your consent for non-essential cookies).
• From Third Parties: E.g., payment confirmation from processors, analytics data.

5. How We Use Your Information & Purpose of Processing

We use your information based on specific purposes and legal grounds:

• To Provide and Manage Services: Creating personalized plans, delivering the Fat2Muscle Coaching Program, managing accounts, tracking progress, providing App functionality. (Legal Basis: Performance of a Contract)
• To Communicate With You: Responding to inquiries, providing support, sending essential service updates. (Legal Basis: Performance of a Contract; Legitimate Interests)
• To Process Payments: Facilitating transactions for paid Services. (Legal Basis: Performance of a Contract)
• To Improve Our Services: Analyzing usage data (often anonymized or pseudonymized) to enhance user experience and service functionality. (Legal Basis: Legitimate Interests; Consent for certain analytics cookies)
• For Marketing (With Explicit Consent): Sending newsletters or promotional materials. (Legal Basis: Consent – you can opt-out anytime).
• To Comply with Legal Obligations: Fulfilling legal or regulatory requirements. (Legal Basis: Legal Obligation)
• Processing Sensitive Health Data: Only processed with your explicit consent or where necessary for the provision of the health/fitness-related Services you have requested (Performance of Contract, coupled with appropriate safeguards).

6. Legal Basis for Processing (GDPR)

Our legal bases for collecting and using the personal information described above depend on the information concerned and the specific context, as outlined in Section 5. Primarily, we rely on:

• Art. 6(1)(a) GDPR: Your Consent (e.g., for marketing, non-essential cookies, sensitive data like progress photos).
• Art. 6(1)(b) GDPR: Performance of a Contract (delivering the Services you paid for).
• Art. 6(1)(c) GDPR: Legal Obligation.
• Art. 6(1)(f) GDPR: Legitimate Interests (e.g., service improvement, security), provided they are not overridden by your rights.
• Art. 9(2)(a) GDPR: Explicit Consent for processing sensitive (health) data.

7. Data Sharing and Disclosure

We share data only when necessary:

• Third-Party Service Providers: App platform providers , payment processors , hosting, analytics (e.g., Google Analytics), email providers , support tools. These processors are bound by contract to protect your data and often adhere to GDPR standards or use approved transfer mechanisms.
• Legal Requirements: If required by law or valid legal process within the EU or based on international agreements.
• Business Transfers: In case of merger, acquisition, or asset sale, ensuring data protection continuity.

8. International Data Transfers

Fat2Muscle operates from Ireland. If you are accessing our Services from the European Economic Area (EEA), your personal data may be transferred outside the EEA to South Africa or to countries where our third-party service providers are located. We ensure such transfers are lawful under GDPR by implementing appropriate safeguards, such as:

• Using Standard Contractual Clauses (SCCs) approved by the European Commission with our service providers.
• Obtaining your explicit consent for the transfer after informing you of the risks. [Be specific about the primary mechanism you rely upon].

9. Data Security

We use appropriate technical and organizational measures (e.g., encryption, access controls) to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.   

10. Data Retention

We retain personal data for as long as needed to fulfill the purposes outlined in Section 5, or as required by law. We retain account/program data while your account is active and for a period of 1 year after inactivity/termination for potential reactivation or legal purposes, unless you request erasure earlier. Anonymized data for analytics may be kept longer.

11. Your Data Protection Rights (GDPR)

As a resident of the EEA, you have the following rights:

• Right of Access (Art. 15 GDPR): To request copies of your personal data.
• Right to Rectification (Art. 16 GDPR): To request correction of inaccurate data.
• Right to Erasure (‘Right to be Forgotten’) (Art. 17 GDPR): To request deletion of your data under certain conditions.
• Right to Restriction of Processing (Art. 18 GDPR): To request limitation of processing under certain conditions.
• Right to Data Portability (Art. 20 GDPR): To receive your data in a machine-readable format and transfer it.
• Right to Object (Art. 21 GDPR): To object to processing based on legitimate interests or for direct marketing.
• Right to Withdraw Consent (Art. 7(3) GDPR): To withdraw consent at any time where processing relies on consent, without affecting the lawfulness of processing before withdrawal.
• Automated Decision-Making: The right not to be subject to decisions based solely on automated processing, including profiling, which produce legal effects concerning you or similarly significantly affect you [State if you perform such processing – likely not for core coaching]   
   
• Right to Lodge a Complaint (Art. 77 GDPR): To complain to a supervisory authority in your EU member state if you believe our processing infringes GDPR.

To exercise these rights, please contact our Data Protection contact point at info@fat2muscle.life. We will respond within one month, subject to verification of identity.

12. Cookie Policy

We use essential cookies for Site/App functionality. For non-essential cookies (Analytics, Functional, Marketing ), we obtain your explicit consent via our cookie banner/tool before placing them, in compliance with GDPR and the ePrivacy Directive. You can manage preferences and withdraw consent via email.

13. Children’s Privacy

Our Services are not intended for individuals under the age of 16. We do not knowingly collect personal data from children under 16. If we become aware of such collection, we will take steps to delete the information promptly.   

14. Acceptance of Terms

Accessing or using the Services signifies your agreement to these Terms & Conditions.

15. Use of Website and Services

• Eligibility: You must be at least 18 years old, or 16 with parental consent where applicable by law, to use the Services.
• User Accounts: You are responsible for your account security and activities.
• Prohibited Conduct: No unlawful use, harming the service, infringing rights, etc.

16. The Fat2Muscle Coaching Program & Services

• Health Disclaimer: Crucially important. The Services offer fitness/nutrition information for informational purposes only, NOT medical advice. Consult a qualified healthcare provider before starting any program, especially if you have pre-existing conditions. Use Services at your own risk.
• Results Disclaimer: Results vary individually. Testimonials are not guarantees.

17. Payments, Subscriptions, and Refunds 

f you are an EU consumer purchasing digital services/subscriptions online, you generally have a 14-day right to withdraw from the contract without reason. However, this right may be lost if you explicitly consent to the service beginning immediately and acknowledge the loss of withdrawal rights, OR if the service is fully performed within the 14 days with your prior express consent. 

18. Intellectual Property

Content is owned by Fat2Muscle or licensors. Limited personal, non-commercial use license granted to users. No unauthorized copying, distribution, etc.

19. User Content

License grant to Fat2Muscle for submitted content (testimonials, photos – obtain explicit consent separately for sensitive items like photos). User responsibility for their content.

20. Disclaimers and Limitation of Liability

• Disclaimer of Warranties: Services “as is.” (See Health Disclaimer Section 16).
• Limitation of Liability: Liability limited as permitted by law. 

21. Indemnification

You agree to indemnify Fat2Muscle against claims arising from your breach of terms or misuse of Services.

22. Governing Law and Dispute Resolution (EU Focus)

• Governing Law: This Agreement is governed by the laws of ireland. However, if you are an EU resident consumer, mandatory provisions of the consumer protection laws of your member state shall apply if they are more favorable to you.
• Online Dispute Resolution (ODR): For EU consumers, if you have a complaint, you are encouraged to contact us first at [info@fat2muscle.life]. You also have the right to use the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/odr.
• Jurisdiction: Disputes may be brought in the courts of ireland or, if you are an EU resident consumer, in the courts of your member state of residence.

23. Changes to Terms & Conditions

We reserve the right to modify terms, notifying users via Site/App update and changing the Effective Date. Continued use implies acceptance.

24. Termination

We may terminate/suspend access for breach of terms.

25. Miscellaneous

Entire agreement, severability, no waiver clauses. Contact for Terms: info@fat2muscle.life.