Privacy Policy

The purpose of this privacy policy is to describe how Gynie Inc. collects, uses and shares information about you through our online interfaces (e.g., websites, mobile apps and web apps) owned and controlled by us, including gynie.com. Please read this notice carefully to understand what we do. If you do not understand any aspects of our privacy policy, please feel free to contact us or as described at the end of this policy. Our privacy policy explains information we collect and why we use it, how we use and share your information access to your information and choices, security of your information, consent to data processing in united states changes to our privacy policy questions, and how contact us.

SCOPE; THIRD PARTY SITES This privacy policy applies only to information we collect at and through the site. Additionally, our online store is operated by our online store service provider, as is subject to a separate privacy policy and terms of sale provided at the online store site. Our site also contains links to third party sites that are not owned or controlled by Gynie Inc. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personal information.

Please note that your use of our site, including our collection and use of your personal information, is also subject to our terms of use.

INFORMATION WE COLLECT AND WHY WE USE IT Information you provide to us. Types of personal information we collect when you provide it to us include: (a) name (b) address (c) email address (d) telephone number (e) your health and medical information that you provide to us through our site,   including our mobile apps, web apps and devices that integrate without site and this information includes health and medical information such as your first name, age, gender.(f) user generated and social media content if you shop our online store you will be directed to our online store service provider. This site is subject to a separate privacy policy and terms of sale provided at the site.

Information collected through cookies and similar technologies. When you visit our site, you will be assigned a unique, temporary “cookie” (a small text file) to be stored on your computer’s hard drive. The purpose of the cookie is to identify you when you visit our site so we can enhance your experience. The cookie does not reveal any personal information about you, but helps us understand visitors’ traffic patterns on our site so we can make the site better. You can choose to visit our site without cookies, but without these identifier files you will not be able to take advantage of certain features and services of our site. These features and services include remembering your password (so you don’t have to login each time you visit) and providing a more personalized experience. To visit without cookies, you can configure your browser to reject all cookies or to notify you when a cookie is set. (each browser is different, so check the “help” menu of your browser to learn how to change your cookie preferences.) Our apps use cookies to distinguish you from other users of the software. By using permanent cookies we can recognize you at your use of the software. We use a permanent cookie (“nis”) that stores an account identifier on the login page so that it is easier for you to login to the software in the future. Using the log out function in the software will permanently delete this cookie, unless you have ticked ‘remember me.’ permanent cookies can also be deleted via the settings of your web browser. We use a session cookie (“name”) to remember your login details whilst you are using the software, making it possible for you to navigate within the software without the need to constantly re-login at each page. Without this cookie, functionality of the app will be significantly impaired. This session cookie is automatically deleted every time you close your web browser. We and our advertising partners also use cookies to provide relevant advertising to you. (see, “advertising” below.) Additionally, when using the site, we may collect and store information (including personal information) related to the use of the site locally on your device using mechanisms such as browser web storage. Our Gynie Inc. apps store and manage measurement data from your Gynie Inc. devices on your smart phone. The measurement data from your device that connects to our to Gynie Inc. apps will be stored securely on your smart phone. No information from children under age 13. Use of this site is not permitted for children 12 years of age or younger. Use of the site by minors age 13–18 is by agreement of the minor’s parent. Any user age 13–18 must have his or her parent agree to the terms of this privacy policy. By accessing the site you acknowledge that you are 18 years or older or, if not, that you are at least 13 years old and your parents have read and agreed to the terms of this privacy policy. If you believe we have collected personal information from a child under the age of 13, please contact us at contact@gynie.com

HOW WE USE AND SHARE YOUR INFORMATION To provide products, services, and information. As described above, we collect information from you so that we can provide you the information and services available at and through the site, and provide information that you request from us. When you purchase products available through our online store, your personal information is shared with and used by our online store service provider to contact you about your orders, process credit card / debit card transactions, and ship products to you. We may send you information about our products and services, and new offerings, as well as newsletters, surveys, sweepstakes and contests. We may provide information to third party service providers that help us process orders, and fulfill and deliver products and services that you purchase from us. We may use third parties to help host our site, send out email updates about the site, provide marketing and advertising services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service. We may receive information about you from third parties. For example, if you access our site through a third-party connection or log-in, that third party may pass certain information about your use of its service to Gynie Inc. This information could include, but is not limited to, the user id associated with your account (for example, your facebook uid), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to Gynie Inc.. You may also unlink your third party account from the site by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service.

OTHER THIRD PARTY PLUG-INS/APPS Advertising. Some websites may belong to ad networks that use your browsing history across the internet, to choose which ads to display on their sites; the displayed ads may include advertising for Gynie Inc. healthcare. We allow select third-party companies to collect certain information when you visit our site and to use that information to serve ads for Gynie Inc. healthcare. These companies use non-personally identifiable information such as click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session id, and ip address, during your visits to this and other websites in order to provide interest-based advertisements. To learn more, and to opt out of seeing interest-based advertisements on these external websites, visit the network advertising initiative or the digital advertising alliance’s self-regulatory principles for online behavioral advertising. Sites may also offer their own opt out methods for interest based advertising. Please note that if you opt-out of receiving interest based advertising, you will still receive ads that will not necessarily be tailored to your interests. Our site utilizes google analytics, a web analysis service provided by Google inc. (“Google”). Google collects cookie and usage data, and utilizes the data to track and examine the use of our site, and to prepare reports on its activities and share them with other google services. To learn more, and to opt out of google analytics, visit the google privacy page. Our site utilizes Google Adwords, an online advertising program provided by google. Google may use the data collected to contextualize and personalize the ads of its own advertising network, doubleclick. We use google to show you interest-based advertisements based on your activity on our site and other websites. Currently, our site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. You can, however, obtain more information about Google’s advertising services, including your opt-out rights, here. Please note that if you choose to opt out, you will continue to see ads on our site, but they will not be based on how you browse and shop. Our site implemented the remarketing with Google Adwords feature, which utilizes the doubleclick cookie. To learn more, and to opt out of Google Adwords, visit the google privacy page. Our site utilizes google tag manager, an analytics service provided by google. This service enables Gynie Inc. to monitor and analyze web traffic and can be used to keep track of user behavior. To learn more, and to opt out of google tag manager, visit the google privacy page. Our site utilizes Mailchimp, an email address management and message sending service provided by Mailchimp Inc. (“Mailchimp”). Mailchimp collects email addresses to communicate via email, collects data concerning date and time when the email is viewed, as well as any interactions with the mail such as clicking on links within. To learn more, visit the Mailchimp privacy page. You may opt out of Gynie Inc. healthcare email communications at any time by contacting us here. Our site utilizes Facebook custom audiences, an online advertising program provided by Facebook, Inc. (“Facebook”) which enables us to create an audience using data held by Facebook to deliver interest-based advertising. We ask Facebook to show you ads that are customized based on your interaction with our site and to measure how you interact with those ads. To learn more, and to opt out of Facebook custom audiences, visit the Facebook privacy page. Your consent. In addition to the sharing described elsewhere in this policy, we will share personal information with companies, organizations or individuals outside of Gynie Inc. when we have your consent to do so. Legal proceedings. We will share personal information with third party companies, organizations or individuals outside of Gynie Inc. if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: (a) meet any applicable law, regulation, subpoena, legal process or enforceable governmental requests. (b) enforce applicable terms of use, including investigation of potential violations. (c) detect, prevent, or otherwise address fraud, security or technical issues. (d) protect against harm to the rights, property or safety of Gynie Inc., our users, customers or the public as required or permitted by law. Transfer in the event of sale or change of control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

ACCESS TO YOUR INFORMATION AND CHOICES If you have questions about personal information we have about you or need to update your information, you can contact us or call us at contact@gynie.com. You can opt-out of receiving marketing and promotional emails from Gynie Inc. by using the opt-out or unsubscribe feature contained in the emails. You can close your gynie.com account by going in the dashboard portion of the site and unregistering your account. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud. If you have questions about our online store, you can contact us at contact@gynie.com.

SECURITY OF YOUR INFORMATION We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through our site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

CONSENT TO DATA PROCESSING IN THE UNITED STATES Our site is operated and managed on servers located and operated within the united states. By using and accessing our site, residents and citizens of countries and jurisdictions outside of the united states agree and consent to the transfer to and processing of personal information on servers located in the united states, and that the protection of such information may be different than required under the laws of your residence or location. Our privacy policy may change from time to time. We will not reduce your rights under this privacy policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this privacy policy in an archive for your review.

QUESTIONS AND HOW TO CONTACT US If you have any questions, concerns, complaints or suggestions regarding our privacy policy or otherwise need to contact us, please contact us, email us at contact@gynie.com. Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.  Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

PERSONAL DATA Personal data is information relating to an “identified” person or an “identifiable natural person”. An “identifiable natural person” is one who can be identified, directly or indirectly, in particular reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. Sensitive personal data includes, but is not limited to, personal data which reveals racial or ethnic origin, and data concerning health or sex life and sexual orientation. We may collect and process various types of personal data, sensitive personal data and other information from you when you use our Platforms, and when you correspond with us by phone, email or otherwise. The type of data collected, and the manner in which such data is collected, will vary depending on how you use our Platforms and whether or not you have consented for us to collect certain types of data from you. By using our Platforms, and/or using our products or services in conjunction with our Platforms, you are agreeing for us to collect and process the personal data provided as part of that process, for the purposes made clear to you at that time. The personal data we collect from you may be held on paper or on a computer or other media, and is subject to certain legal safeguards specified in the Act and the Regulation and under certain applicable United States federal and state laws and regulations (collectively the “Legislation”.

HOW WE COLLECT PERSONAL DATA Personal data and sensitive personal data may be collected by us actively and passively. The specific types of personal data we may collect from you, and the manner in which such data may be collected, includes:

Necessary Data. This is data we must collect in order to activate, and provide you with access to, your Platform account, as well as to enable you to access and use your account across multiple devices, to enable you to delete personal data when you wish, and/or for us to fulfil any order for products or services you place through the Platforms. We may also use Necessary Data for the purpose of providing you with information about similar products and services we provide.Necessary Data includes, but is not limited to, your name, email address, your login information, billing address and delivery address. Necessary data will be collected by us when you fill in and submit the relevant form through the Platforms which contains that data.

Optional Data. This data includes information which is not necessary for us to collect but which you actively choose to provide to us (“Optional Data”). Optional Data includes, but is not limited to, your age, your reasons for using the Platforms or product and the number of children you have. We may also use Optional Data for the purpose of analyzing your requirements as a consumer and providing you with information about other products and services we provide which may be of interest to you. Optional Data will be collected by us when you submit an account registration form through the Platforms which contains that data. You may be able to actively provide us, at any time in the future, with additional Optional Data if you choose to do so. We will collect and use that data in accordance with these terms.

Product Data. This data is passively collected by us in the course of you using our products in conjunction with the Platforms (“Product Data”). On collection, all Product Data is anonymized. We are unable to identify you as a user from viewing Product Data. We do, however, have the ability to re-identify Product Data where permitted by applicable law, and may do so in exceptional circumstances, for example, if there is a need for us to identify you for the purpose of product recall. Product Data includes, but is not limited to, data relating to your performance and workouts with Gynie. We may also use Product Data for the purpose of analyzing your requirements as a consumer and providing you with information about other products and services we provide which may be of interest to you. Your use of our products in conjunction with the Platforms will produce data about your use of that product. Such data may include, for example, data concerning your individual workout performance, and data about your workout performance over time. Such data is collected by us at the time that it is transmitted to the Platforms.

Platform Data. This data is passively collected by us in the course of you using and browsing the Platforms (“Platform Data”). Platform Data includes, but is not limited to, your device’s Internet Protocol (IP) address, web cookies, browser type and version, the pages of our Platforms you visit, the amount of time spent on each page of our Platforms, time zone settings, the time and date of your visit and the operating system or platform you use, information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Platforms (including date and time), any products you have viewed or searched for, page response times, download errors, length of visits to certain pages within the Platforms, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Platform Data is collected by us when it is transmitted to us during or after your use of the Platforms. Such data may or may not be anonymized and will be used as further described in paragraph 6 below.

HOW WE USE YOUR PERSONAL DATA We may use Necessary Data for the purpose of fulfilling an order or contract placed through our Platforms, or for the purpose of creating your personal user account in order for you to gain full accessibility to the Platforms. For instance, when purchasing on our website you provide us with your phone number which will help our courier fulfill your order. Part of our mission is to contribute towards medical, scientific and statistical research to improve understanding of how smart technology can improve women’s lives. To this end, we may use Optional Data for the purpose of understanding how and why customers use our Platforms and products with the aim of improving them or tailoring them more effectively. We may also use your Product Data for this purpose. We use Product Data in order for you to use the products and platforms to their full potential by tracking your usage and to analyze our customers’ likely wants and needs in respect of the products and services we provide. Only you may see that your Product Data is linked with your account; all Product Data will be anonymized when viewed by us and any other third parties. No individual users’ Product Data is shared with third parties, rather only amalgamated product data and the results of our research and analysis using this amalgamated data is disclosed. The only exception will require you to provide us with explicit permission to access and assess your Product Data in order to resolve a problem you are having with the product. We will not be able to do this without your permission. We may use Platform Data for the purpose of understanding how our customers’ behave in order for us to develop or optimize:

HOW THE PLATFORM WORKS FOR YOU The information and services provided to you through our Platforms; and the effectiveness of our online advertising and branding. All personal data we collect and process is stored on our secure servers in accordance with reasonable security practices. We do not store any credit card or banking details. Payments on our Platform are processed through third party payment providers that include Stripe, Klarna, and Paypal that are unconnected to our Platform. Please refer to their terms and conditions and their privacy policy for more details on their service, how your payments are processed and how they collect and use your payment information.

YOUR RIGHTS AND OUR OBLIGATIONS Consent We will generally process your personal data with your express written consent. We may also process your personal data in accordance with this Privacy Policy if permitted under applicable Legislation For example, we may be able to legally control and process your personal data without your express consent for direct marketing purposes, if doing so is in the public interest, where it is necessary for performance of a contract, or if we must do so in order to comply with a local or national law. We may also process your personal data without your express written consent if we have a legitimate interest in doing so, for example, for some internal administrative purposes, or for the purpose of ensuring electronic information security. If we are controlling and processing your personal data on the sole basis of having your consent to do so, we must gain separate consents from you in respect of each distinct type of processing operation. Where we are processing your personal data on the basis of you having given us your consent to do so, you do have the right to withdraw that consent at any time, but this will not affect the lawfulness of processing prior to the withdrawal of such consent. You can exercise your right to withdraw consent to processing at any time by contacting us via contact@gynie.com.

DATA RETENTION, ERASURE AND RECTIFICATION The personal data we collect from you will be stored and retained by us for the length of time that you maintain a user account with us in respect of the Platforms. We may also retain such data for a reasonable period of time following deactivation of your user account for the purpose of enabling you to reactive your user account more easily, or for any period of time as required by applicable law. You also benefit from the right to erasure (also known as the ‘right to be forgotten’). This means that you have the right to request us to erase personal data we hold about you, and that we should erase such data without undue delay, provided that you are able to demonstrate one of the following to us:

(a) that our processing of the personal data is no longer necessary in relation to the purpose for which it was collected;

(b) that you withdraw your consent to the processing and there is no other legal ground for us to continue to process the data;

(c) that you object to the processing under regulation 21 of the Regulation and there are no overriding legitimate grounds for processing;

(d) that the personal data must be erased in order to comply with a national legal obligation; or

(e) the personal data in question belongs to a child under the age of 16 and no consent is given or authorized by the holder of parental responsibility over the child.

You also benefit from the right to rectify inaccurate personal data we hold which relates to you (also known as the “right to rectification”). This means that, taking into account the subject of the processing, you shall have the right to have incomplete personal data completed. You can exercise your right to rectification by contacting us via contact@gynie.com. 

CHILDREN’S POLICY The goods and services provided through our Platforms are not marketed to, and should not be used by, anybody under the age of 18. We do not knowingly collect personal data from children under the age of 18. In the event that we discover that a child under the age of 18 has provided us with personal data, we will delete such data from our servers unless consent is given or authorized by the holder of parental responsibility over the child.

USE OF THIRD PARTY PLATFORMS Our Platforms use Google Analytics, a web analytics service offered by Google Inc. Google Analytics will make use of small pieces of data, known as cookies, which can be used to track and analyze the manner in which you use and operate our Platforms. Such data will be transferred to, and stored on, a server in the USA operated by Google, Inc. Google, Inc. may transfer this data to third parties where required by law, or other third party processors used by Google, Inc. You may prevent cookies from being stored in relation to your visit to, and use of, our Platforms but do please be aware that this may negatively impact upon the way in which the Platforms work.

CALIFORNIA CONSUMER RIGHTS Under California Civil Code Section 1798.83, California residents have the right to obtain: (a) a list of all third parties that we may have disclosed your personal information to within the past year for direct marketing purposes; and (b) a description of the categories of personal information disclosed. To obtain such information, please email your request to contact@gynie.com.

CHANGES TO THIS POLICY We reserve the right to change this policy at any time. Where appropriate, we will notify you, as a data subject, of those changes by email. We recommend that you also regularly review this privacy policy for any changes.

CORNERS OR COMPLAINTS If you have any concerns or complaints relating to this policy, its subject matter, or the manner in which we collect, control and/or process your personal data, please do let us know by sending an email to contact@gynie.com.