Vygor Health Privacy Policy

Privacy Policy Summary

It is important to review our Privacy Policy in full, but below is a summary of the main points:

1. We collect various types of information about users, including personal diet data entered by users into our products (such a height and weight, gender, and details about food and drinks), and information about your use of our products (like contact and device     information).
2. We use the information we collect to make our products better and improve your experience. We share data in three important ways:
    
   • We share data that does not personally identify you with third parties such as advertisers and business partners.
    
   • We share data that does personally identify you with third parties that support our communication with you via email or messages or that provide analytics that permit us to better understand how our products are used.
    
   • We also share data that does personally identify you in much more limited circumstances, such as when we are required by law or if our company is acquired or merges with another company.
 
3. You have choices regarding your personal information and the way that we communicate with you. All users can confirm, change, or update personal information, as well as opt-out of communications from us.
4. Additionally, users may request copies of personal information, to delete certain information, and to cease processing of personal information that pertains to you.
5. Our servers are based in the United States, and so data about users is transferred from around the world to be processed in the     United States, where it is subject to local, state, and federal laws of the United States.
6. If you have a question about our Privacy Policy,please contact us at support@vygor.health.

Privacy Policy

This Privacy Policy informs users of the Vygor Health Website,  and other Vygor Health controlled or operated Websites(“Websites”) and other Vygor Health mobile applications (“Apps”) about how VygorHealth, Inc., doing business as Vygor Health (“Vygor Health” or “we”) gathers and uses (i) personal information submitted to Vygor Health and (ii) aggregated information collected from the Websites, Apps and Vygor Health Services (as defined below). This Privacy Policy applies to the Websites and Apps and other VygorHealth owned Websites, domains, services, applications and products (“Vygor Health Services”).

We may modify or amend this Privacy Policy from time to time. If we make material changes, as determined by us, in the way in which personal information is collected, used or transferred, we will notify you of these changes by email and by posting a modified version of this Privacy Policy on our Website and by seeking appropriate user consents.Your provision of such consent or, if such consent is not required, your continued use of Vygor Health Services ten days following any changes means that you accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain your consent otherwise.

• Scope of this Privacy Statement
• Collection of Personal Information
• Use of Personal Information
• Sharing Information with Friends and in User Forums
• Control of Personal Information and Opt-Out Options
• Security of Information We Collect
• Protection of Children's Privacy
• Use of Cookies and Tracking Technology
• Enforcement of This Statement
• Links to Other Websites
• Users from Outside the United States
• DO NOT TRACK DISCLOSURE

Collection of Personal Information

Vygor Health collects and uses your personal information to manage and enhance your use and experience of the Websites and Apps and Vygor Health Services. VYGOR HEALTH DOES NOT SHARE INFORMATION COLLECTED FROM YOU THAT COULD PERSONALLY IDENTIFY YOU (“Personally Identifiable Information”) WITH ANY THIRD PARTY UNLESS YOU SPECIFICALLY CONSENT TO SUCHSHARING. We may share information that we collect with third parties consistent with this Privacy Policy, but such information will be aggregated and/or modified so as not to enable the identification of any user.

We may also use and allow third parties to track your browsing history profile. Such tracking will allow VygorHealth to offer you specifically tailored services and products with appropriate user consent, where necessary (both of Vygor Health and its third party partners). No personally identifiable information will be shared with any third party without your consent.

Types of Information Collected

User Information. In addition to the above personal information, we collect standard information about Vygor Health users such as:

• Personal Diet Data, including, birthdate, height and weight, sex, and specific details of the foods and drinks that you consume     and your exercise.
• Email address and Vygor Health Password.
• IP addresses, browser type and your operating system.
• Pages visited on the Websites referring and exit pages, and the dates and times of the visits.
• Financial information, such as your credit/debit card number or other billing information for purchases and product upgrades.
• Any additional information relating to you and your use of the Websites, Apps or Vygor Health Services that you provide to use     directly through the Websites, Apps or Vygor Health Services.
• Location data and other information about devices used to access and interact with the Websites or App.
• Information that you make publicly available or publicly post using tools made available on the Websites or via the App.
• Information you may provide in user-to-user messages.
• Information collected from promotions with third party companies.

Coaches. If you are a Coach participating in the Vygor Health coaching program you will be asked to provide your email address and to select a password. You may also provide personal information such as your name, the name of your company and your photo.

Supplemental Information

Your information may also be supplemented with additional information from other sources, including publicly available sources.

Use of Personal Information

We will treat the information we collect as confidential. We will not share Personally Identifiable Information about you without your consent. We may share information collected from you that does not identify you or an individual with third parties, including advertisers and potential business partners. For example, we may disclose the total number of pounds lost by all Vygor Health users, the average weight loss of Vygor Health users, or generalized information about diet and exercise habits based on aggregated statistics developed from collected data.

We may also share data that does not identify an individual user:

• To fulfill the services and products you request from us.
• To operate and improve the Websites, App and Vygor Health Services available to you through Vygor Health, including developing new features and products.
• To communicate with you, respond to your requests and manage our relationship
• To personalize the products and services provided to you.
• Measure performance of the products and Vygor Health Services
• To allow you to participate in Challenges, contests and surveys. Vygor Health may co-sponsor promotions with other companies, in     which case any information collected is likely to be shared with other participating sponsors.
• To send you marketing notices including promotions of our products and services. You can opt-out of communications from Vygor     Health at any time (see control of personal information below).
• To share non-identifying event data with our product and marketing analytics partners. These partners help us to analyze information about the use of Vygor Health Services for marketing purposes or in order to improve Vygor Health Services.
• For internal purposes, which may require the transfer of such information to other Vygor Health affiliates for administrative purposes, for technical maintenance purposes, the marketing and promotion of products and services that might be of interest to you.

We may disclose your personal information (including Genetic Information) when we reasonably believe that itis required by law, a duly authorized court order, or legal process and to protect and defend the rights and interests of Vygor Health, its affiliates,suppliers, or users. If we are required to disclose your information, we will attempt to provide you with advance notice, unless we are prohibited from doing so by law.

In the event Vygor Health goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information and Personal Diet Data will, in most instances, be part of the assets transferred.We will require as a term of such transition that the entity acquiring users’ personal information and Personal Diet Data treat such information in accordance with this Privacy Policy.

In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal information.

Not a HIPAA-Covered Entity

Vygor Health is not a healthcare provider, health plan, or other entity covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The personal information and health-related data you submit through the Vygor Health Services is not considered Protected Health Information (PHI) under HIPAA.

While HIPAA does not apply to VygorHealth, we treat your information with high security standards and handle it in accordance with this Privacy Policy. Any health-related information you choose to share with us is governed by this Privacy Policy and applicable consumer privacy laws, not HIPAA.

The Vygor Health Services are intended for general wellness and informational purposes only and are not intended to diagnose, treat, cure, or prevent any medical condition. You should consult a qualified healthcare provider before making medical decisions.

Apple HealthKit

Notwithstanding the foregoing, VygorHealth will not use or disclose to third parties user data gathered from the Apple, Inc. HealthKit framework or HealthKit API for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. In no event will any information be collected from HealthKit users for use by third parties in compliance with this section without obtaining user consent. We do not use HealthKit data for marketing,advertising, or data brokerage. We do not sell HealthKit data.

Use of Artificial Intelligence and Automated Processing

Vygor Health uses artificial intelligence (“AI”), machine learning models, and other automated systems to help provide personalized recommendations, insights, and features within the Vygor Health Services. These systems may process information such as your activity data, diet information, entries you provide, device data, and usage patterns in order to:

• Generate personalized meal plans, exercise recommendations, and behavioral insights
• Identify trends in your progress
• Help you receive more relevant guidance, programs, and product features
• Improve the accuracy, safety, and performance of our services

We do not use AI systems to make decisions that produce legal or similarly significant effects about you without human involvement. AI-generated insights may not always be accurate and should not be relied upon as medical advice.

You may request that we limit or  cease the use of your personal information for AI-driven personalization by contacting us at support@vygor.health. However, doing so may limit your ability to use certain features of the Vygor Health Services.

Only information necessary to support the above purposes is processed using AI systems. We do not sell information processed by AI, and we do not use sensitive health data for targeted advertising.

Sharing Information with Friends and in User Forums

The Vygor Health Services allow you to share your diet and exercise goals and information with friends that you select. In addition, if you accept an invitation from a Coach as a part of our Vygor Health coaching service, you will enable the sharing of your Personal Diet Data information and potentially personally identifiable information with the Coach.

Please bear in mind that VygorHealth cannot control what your friends or Coaches do with the information you share with them, so you should only share with friends and Coaches you trust.

The Genetic Information Non discrimination Act of 2008

The Genetic Information Nondiscrimination Act of 2008 (GINA) provides, as to users that are residents of the United States, that you do not need to share your genetic Information with your employer or your health insurer. Even so, you may be asked to share your Genetic Information with other insurers. These others could include life,long-term care, and disability insurance firms. You should always take care with whom you choose to share your Genetic Information. Vygor does not collect genetic data. References to GINA are included solely for users who may voluntarily share genetic information through user-generated content.

Control of Personal information and Opt-Out Options

Vygor Health values the accuracy of the information you provide. All users can confirm,change, or update personal information you have provided to us. If you want to opt-out of communications from Vygor Health, you can do so by contacting us atsupport@vygor.health. When you opt-out of promotional communications from us,you may still receive service messages (such as an order confirmation) and legally mandated notices. Users that are residents of the European Union have additional rights with respect to personal information, as explained below.

Security of the Information We Collect

We take commercially reasonable precautions in an effort to protect your information against security breaches.For example, we store personal information and Personal Diet Information in a secure, limited access facility, and we use industry-standard firewalls and security software designed to protect the security and integrity of your Personal Diet Information. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed. By using the Websites, Apps and Vygor Health Services, you acknowledge that you understand and agree to assume these risks.

Protection of Children's Privacy

Vygor.Health is a general interest Website,and we do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use the Websites or App. Consistent with the Children's Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation, the Websites and App are not intended for use by anyone under the age of 18 (COPPA's minimum protections are for minors 13 years of age or under). Vygor Health does not knowingly collect personal information from children through this Website.

If you are a parent with concerns about children's privacy issues in conjunction with the use of this Website,please contact us at support@Vygor.Health.com. Vygor Health encourages parents to discuss this Privacy Policy and the dangers of providing Personal Information on-line.

Use of Cookies and Tracking Technology

Cookies. When you visit the Websites, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Websites the cookie may be read. A “cookie,” is a small text file placed on the user's hard drive to track usage of the Websites and collect basic information, which may include certain of your preferences.

We use cookies to gain knowledge of Internet usage, improve content and advertisements, collect the site visitation data described above and in some cases to deliver specialized content. Cookies also help to prevent you from having to register or re-enter your information every time you visit the Website in a streamlined fashion. Some of our advertisers and partners occasionally use cookies as well. Vygor Health does not have any control over the cookies used by advertisers and partners.

If you would like to avoid cookies,your web browser may have an option that enables you to disable or not accept cookies. It should be noted, however, that should you disable or not accept cookies, portions of the Website may not properly function.

Web Beacons. We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our Websites. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to personal information. A web beacon is an electronic image and string of code that is imbedded in a web page or email which allows us to track web page views/hits or the opening of an email containing a beacon. We may use web beacon in conjunction with cookies to track Website activity on www.vygor.health. Web beacon tracking by Vygor Health does not identify the name or email address of the web user or mail recipient.

Your Rights Regarding Your Personal Data

If you are a resident of the European Union or the State of California, you have the following rights:

• You have the right to request an accounting of all Personal Information that we have that pertains to you, and to be delivered copies of such information in electronic format (e.g., electronic copies of information attached to an email). We reserve the right     to transmit information to you in a manner that complies with all applicable laws.
• You have the right to request that we change any Personal Information that pertains to you that is inaccurate.
• You have the right to request that we delete some or all Personal Information that pertains to you. We reserve the right to     carry out such a request in a manner that complies with all applicable laws, such as laws concerning record retention. Note that fulfilling this     request requires us to delete Personal Information in our possession, but     that this right does not extend to Personal Information that has already been lawfully shared in accordance with this Policy.
• You have the right to request that we cease processing any Personal Information that pertains to you. Note that fulfilling this request requires us to cease processing Personal Information that pertains to you in the future, but does not apply to lawful processing that has already occurred in accordance with this Policy.
• You have the right to exercise all the rights afforded by this Policy without fear of retaliation or discrimination. This means     that we treat Users who exercise any of the rights under this Policy the same as Users who do not.

To exercise any of the rights explained above, contact us at support@vygor.health. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests,rights, and freedoms or for the establishment, exercise or defense of legal claims.

If you believe that we have misused your personal data, you also have a right to lodge a complaint with the National Data Protection Authority. Each European Union member nation has established its own Data Protection Authority; you can find out about the Data ProtectionAuthority in your country here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Notice to California Residents (CCPA/CPRA)

If you are a resident of California, you have specific rights regarding your personal information under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”). In addition to the rights listed elsewhere in this Privacy Policy, California residents have the following rights:

Categories of Information We Collect.
We collect the categories of personal information described in this Privacy Policy, including identifiers, commercial information, internet activity,device information, geolocation data, and health-related data you choose to enter into the Vygor Health Services.

Right to Know.
You may request that we disclose the categories and specific pieces of personal information that we have collected, the categories of sources from which the information was collected, the business or commercial purpose for collection,and the categories of third parties with whom we share personal information.

Rightto Delete.
You may request that we delete the personal information we have collected from you, subject to certain exceptions under the law.

Right to Correct Inaccurate Information.
You may request that we correct inaccurate personal information that we maintain about you.

Right to Opt Out of “Sharing” or “Selling” Personal Information.
Vygor Health does not sell personal information as defined under theCCPA/CPRA. We do not share sensitive health information for cross-context behavioral advertising. If we engage in practices that constitute “sharing”under CPRA in the future, we will provide you with a clear opt-out mechanism.

Right to Limit Use of Sensitive Personal Information.
To the extent we process sensitive personal information (such as diet logs,body measurements, or exercise data), we use this information only to provide the services you request and do not use it for advertising or profiling.

Non-Discrimination.
We will not discriminate against you for exercising any of your privacy rights.

To submit a request under the CCPA/CPRA, please contact us at support@vygor.health.We may need to verify your identity before fulfilling your request.

Mobile Analytics,SDKs, and Device Identifiers

In addition to cookies and web-based tracking technologies, the Vygor Health mobile applications use software development kits (“SDKs”), analytics tools, and device identifiers to help us understand how users interact with our Apps and to improve performance,reliability, and user experience.

These technologies may collect information such as:

·       Device identifiers (such as IDFA or Android Advertising ID)

·       Device type, operating system, app version, and language settings

·       Interaction data (such as screens viewed, features used, and session duration)

·       Crash logs, diagnostics, and performance metrics

·       Non-identifying event-level data related to how the App is used

We use these technologies for:

·       App performance and debugging

·       Product development and feature optimization

·       Understanding aggregated usage patterns

·       Personalizing certain in-app experiences

·       Ensuring the proper functioning and security of our Apps

We do not use sensitive health information—such as diet logs, exercise data, or Health Kit information—for advertising or cross-app behavioral tracking. We also require our analytics partners to protect your information and to use it only in accordance with this Privacy Policy and applicable platform guidelines.

We do not link device identifiers with sensitive health data for advertising purposes.

You may limit certain analytics and tracking technologies through your device settings, such as opting out of ad tracking or resetting your advertising identifier.

Interest-Based Advertising

When you use our apps, third parties may collect data about your mobile device in order to serve ads on other apps or Websites that are tailored to your interest. This practice is known as 'interest-based advertising.' Examples of data that may be collected includes:IP addresses, identifiers associated with your mobile device (also called' Advertising Identifiers'), or any ads that you click while using our app. If you wish to opt out, please contact us at support@vygor.health.

We are providing you with this information and ability to control these settings in accordance with our commitment to the Digital Advertising Alliance's Self Regulatory Principles. To learn more about the principles, please visit http://aboutads.info/consumers/.

Links to Other Websites

Our Websites may contain links to other Websites. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use. We cannot control the actions of such third parties or beheld responsible for their use of any information that you provide directly to them.

Legal Bases for Processing Your Information

We rely on the following legal grounds to process your personal information:

• Performance of a contract – If you choose to make a purchase through the Websites or Apps, we need to collect and use your     personal information to perform our agreement with you.
•  Consent – We may use or disclose some of your personal information as described in this Privacy Policy subject to your consent.
• Legitimate interests – We may use your personal information for our legitimate interests to improve our products and services. Consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable laws, we may use technical information as described in this Privacy Policy and use personal information for our marketing purposes.

Processing of Health and Wellness Data (GDPR – Special Category Data)

Certain information _you provide to Vygor Health—such as diet logs, body measurements,weight history, exercise details, and other wellness-related inputs—may be considered “special category personal data” or “health data” under the General Data Protection Regulation (“GDPR”).

Processing of health-related special category data is based on explicit consent, not legitimate interests. We process this data only when you provide explicit consent, including when you voluntarily enter such information into the Vygor Health Services or connect third-party sources such as Apple HealthKit.You may withdraw your consent at any time by contacting us at support@vygor.health,but doing so may limit your ability to use certain features of the Vygor Health Services.

Where required, Vygor Health uses additional safeguards, including enhanced access controls, encryption, internal access limitations, and data minimization practices, to protect health-related information.

Transfer and Processing of Data

For users within the United States,we process data in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure,access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.

For users within the European Union,we transfer data from the European Union to data centers located in the United States for processing. The European Commission has determined that the law of the United States does not provide a level of protection adequate to satisfy the requirements of Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and free movement of such data, known as the General Data Protection Regulation (“GDPR”). As to users residing in the EU,however, we extend the rights provided for by the GDPR – as detailed below –including the imposition of required safeguards with respect to accidental,unauthorized or unlawful destruction, loss, alteration, disclosure, access, useor processing of data. We rely on the European Commission’s Standard Contractual Clauses for transfers of EU personal data to the United States. Transfers of EU resident data from the EU to the United States from third parties (such as third party payment processors) are conducted in accordance with appropriate transfer mechanisms under the GDPR, principally contractual clauses approved bythe European Commission.

Data Retention and Deletion

We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal,regulatory, accounting or reporting requirements. In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information.

It is our policy to retain personal information for 6 months once such personal information is no longer necessary to deliver the Website and Apps and to delete such personal information thereafter. This means that, if you close your account with us, we will delete personal information associated with your account after 6 months. When personal information is deleted, we also delete or de-identify backup copies within a commercially reasonable time. Regarding other types of information we collect as described in this policy, it is our policy to retain such personal information for 6 months and to delete such personal information thereafter.

Vygor Health may also retain certain information in anonymized or aggregated form for research, analytics,product development, and statistical purposes. This information no longer identifies you and may be kept indefinitely.

We may also retain system logs,crash reports, security logs, and anonymized usage analytics for operational, security, and compliance purposes beyond the standard retention period.

Data used to train or improve our A Iand machine learning models is either anonymized prior to use or excluded from training. Personal information is not retained for AI training beyond the periods permitted under this policy.

DO NOT TRACK DISCLOSURE

Vygor Health does not track its customers over time and across third party Websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may be able to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

Third parties that have content embedded on the Websites or App such as a social feature may set cookies on a user's browser and/or obtain information about the fact that a web browser visited the Websites from a certain IP address. Third parties cannot collect any other personally identifiable information from the Websites unless you provide it to them directly.

Contact Information

We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact us at support@vygor.health. You may also contact us by mailat: Vygor Health, Inc., 16192 Coastal Highway, Lewes,DE 19958.