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Smuppy Privacy Policy

Effective Date: February 2, 2025

Welcome to Smuppy ("Smuppy," "we," "our," "us"). This Privacy Policy explains how we collect, use, store, and protect your data in accordance with applicable laws, including the PIPEDA (Canada), GDPR (European Union), CCPA (California - United States), as well as other relevant legal frameworks such as HIPAA (Health - United States), LGPD (Brazil), Data Protection Act (United Kingdom), PDPA (Singapore), and PIPL (China), when you use our platform, whether as a general user or a professional account holder (such as fitness trainers, gyms, and athletes).

Smuppy ensures compliance with all relevant local and international regulations, guaranteeing the protection of data in all countries where we operate. We are committed to safeguarding your privacy and ensuring that your data is processed responsibly. Please read this Privacy Policy carefully to understand our practices regarding your data and how we handle it.

1. Introduction

Smuppy is a platform designed for fitness enthusiasts and professionals to connect, share content, and improve physical well-being. This Privacy Policy explains how we collect, use, and protect your data when you use Smuppy's services. By using our platform, you agree to the collection and use of your information and data in accordance with this Privacy Policy.

2. Types of Data Collected and Their Use

We collect data and information necessary to provide personalized services and improve your experience on Smuppy. Below are the types of data we collect and their specific use:

User-Provided Data

Identification Information:

Name, username, password, email address, phone number, and date of birth.

This information is used to:

  • Create and manage your Smuppy account
  • Personalize your recommendations and content
  • Verify your identity for secure features such as facial recognition

Biometric Data:

Facial recognition, height, weight, body shape, and data generated through the Smuppy body scanner.

This data is used to:

  • Track your physical progress
  • Recommend coaches, programs, or gyms tailored to your needs
  • Provide visual analysis of your body evolution
  • Verify your identity

Profile Information:

Data you provide in your user profile, such as your bio, profile picture, and any content you upload (e.g., workout videos, posts, and achievements).

Communication Data:

Data from your communications with Smuppy, including support requests, feedback, and any other messages you send via the platform. When using Smuppy to share or communicate, your interactions are designed to foster authentic connections and enrich your experience on the platform.

Activities Data:

Information related to your use of the platform, including interaction with content, the body scanner, and other features (e.g., engagement in fitness challenges or groups).

Behavioral Data

Behavioral Data:

Details of your interactions with Smuppy, including pages visited, actions taken, time spent on the platform, and interactions with content from other users (e.g., liking or commenting on posts).

Engagement Data:

Information about your participation in activities, streams, and events, as well as your interactions with other users (e.g., workout sessions, fitness tracking, and goals).

We analyze:

  • Your usage history to adapt features and content
  • Your expressed preferences to improve recommendations

Device and Technical Data

Device Information:

Includes IP address, device type, operating system, browser type, and network information (e.g., Wi-Fi or mobile network) to:

  • Optimize platform performance
  • Ensure smooth compatibility with various devices

Geolocation Data:

If enabled, we collect location data to provide location-based services (e.g., finding gyms, fitness venues, or running tracks). GPS data is used to:

  • Recommend activities, events, or coaches near you
  • Suggest routes for outdoor fitness activities

Payment Data

Payment Information:

If you make payments for services such as subscriptions and/or purchases, we collect payment information via our third-party payment processor. This may include credit card numbers, billing addresses, and other payment details. This data is used to:

  • Process payments securely
  • Manage subscriptions, purchases, and premium services

Professional Account Data

For professional users (e.g., fitness trainers, gyms, athletes), we collect additional data to facilitate their interaction with Smuppy, including:

  • Business Information: Business or professional name, business address, and website
  • Business Content: Information shared through professional accounts, such as class schedules, fitness programs, workout videos, and promotional content
  • Fan/Subscriber Data: Data concerning your fans/subscribers and user engagement with your content (e.g., streaming sessions, workout tutorials)

3. How Data is Used

We use your data for the following purposes:

  • Providing Services: Creating and managing your Smuppy account, facilitating platform features (e.g., body scanner, fitness partner matching), and enable communication with other users.
  • Personalization: Personalizing your experience by recommending activities, content, and fitness goals based on your preferences and interactions.
  • Improving Smuppy: Analyze platform usage, identify trends, and improve features such as content delivery, usability, and security.
  • Advertising and Marketing: Display targeted ads, promotions, and offers that may be of interest to you, based on your preferences, location, and activity on the platform. This includes profiling based on your activity, where we adapt ads and content to your needs.
  • Security and Fraud Prevention: Detect and prevent fraudulent activity and ensure the security of your account and our platform.
  • Communication: Send you transactional and promotional emails, notifications, and platform updates. You can opt out of marketing communications at any time.

4. Sharing and Communication on Smuppy

When you use Smuppy to share or communicate, your interactions are designed to foster authentic connections and enrich your experience on the platform. Here's what others can see when you share content:

Content You Share

When you choose to share posts, photos, videos, or articles on Smuppy, this data is visible to the audiences you define, such as:

  • Your fans/subscribers or members of a public or private group
  • Participants in events or activities you sign up for
  • Professional partners, such as fitness coaches or gyms, if you have enabled sharing options with them

For example, others can see when you:

  • Post a Peaks/Story
  • Add information or certifications to your profile
  • Share recommendations or reviews of an activity or product available on Smuppy

Direct Messages and Interactions

Messages sent via Smuppy's messaging system are only visible to the intended recipients. For example:

  • When a user sends you a message to organize a group session
  • When you contact a gym for information on their schedule or pricing

Activities Visible to Others (Public Activities)

Your Public interactions, such as comments or reactions, are visible to other users interacting with the same content.

5. Artificial Intelligence (AI) Integrations on Smuppy

At Smuppy, we use advanced Artificial Intelligence (AI) models to enhance your user experience and personalize your interactions. Here's how it works:

Data Used by AI

AI analyzes your preferences, interactions, and biometric data to:

  • Recommend accounts, workout plans, and various content that might interest you
  • Suggest activities or events that suit your needs
  • Identify trends or specific needs to improve your experience

6. Responsible Data Sharing with Our Partners

We collaborate with partners to enhance our AI capabilities while ensuring:

  • Anonymization of shared data
  • Full transparency on data usage

7. Profiling and Automated Decisions

Smuppy may use automated decision-making (e.g., recommending fitness programs or content based on your activity) to personalize your experience. You have the right to contest any automated decisions that significantly affect you. To opt out or manage your preferences, visit your account settings.

8. Data Retention and Management

Data Retention Criteria

  • Providing and Operating Our Services: We retain data necessary to keep your account active and offer our services.
  • Specific Functionality of Information: For example, peaks/stories or ephemeral messages are automatically deleted after the set duration.
  • Legal and Security Obligations: Some data is retained to meet legal requirements or prevent abuse.
  • Extended Retention for Specific Cases: Information may be kept longer for legal or security reasons.

Data Retention Periods

Smuppy retains data collected only for the duration necessary to fulfill the purposes for which it was collected. Specific retention periods for various types of data are as follows:

  • User Profile Data: Retained as long as the account is active, until the user requests account deletion.
  • Payment Data: Retained for up to 7 years to comply with legal and tax obligations.
  • Usage Data: Retained for up to 12 months, unless required for legal or operational purposes.

9. Data Sharing and Disclosure

Smuppy will never sell your personal data. However, we may share your data in the following circumstances:

  • With Service Providers: We may share data with third-party service providers that help us operate Smuppy, such as payment processors (e.g., Stripe), hosting providers (e.g., AWS), cloud storage, and analytics services (e.g., Agora).
  • With Your Consent: We may share your data with third parties when you provide explicit consent (e.g., when you choose to share content with external platforms, or when you accept the terms of this Privacy Policy).
  • For Legal Compliance: We may disclose your data to comply with legal obligations, regulatory requirements, or in response to lawful requests by public authorities, such as government agencies or law enforcement.
  • Business Transfers: If Smuppy undergoes a merger, acquisition, or sale of assets, your data may be transferred as part of that transaction.

Responsible Data Sharing with Our Partners

When collaborating with partners, we ensure:

  • Anonymization of shared data.
  • Full transparency on usage.

10. International Data Transfers

If data collected is transferred outside the EEA, we ensure appropriate safeguards (e.g., Standard Contractual Clauses (SCC)) are in place to comply with GDPR. These safeguards protect your data by ensuring that third-party providers meet stringent data protection standards.

Smuppy operates globally to connect its users and provide services. Your information may be transferred, stored, or processed in countries outside your place of residence, unless prohibited by local laws.

Protection During Transfers

  • Standard Contractual Clauses: We use these clauses to ensure a high level of protection.
  • Encryption: Data transmitted over public networks is encrypted to ensure security.

11. Data Storage and Security

Smuppy stores the data collected securely in accordance with applicable data protection laws. We implement robust physical, technical, and administrative security measures to protect your data from unauthorized access, use, or disclosure.

  • Data Retention: We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, meet legal obligations, or resolve disputes. For professional accounts, we retain data as long as the account is active.
  • Data Deletion: You can request the deletion of your data at any time. Once deleted, we may retain certain data in backup copies for legal or operational purposes.

Security Breach Notifications

In the event of a personal data security breach, Smuppy will take immediate measures to secure the data and notify affected users within 72 hours, in accordance with GDPR requirements.

12. Users' Rights

Smuppy users have legal rights regarding their personal data under applicable laws, such as GDPR (European Union), PIPEDA (Canada), or CCPA (United States). Smuppy respects these regulations and facilitates the exercise of your rights, such as:

  • Right of Access: You have the right to request a copy of the personal data we hold about you. To make such a request, please email support@smuppy.com specifying the information or data you wish to access. We will strive to respond to your request within a reasonable timeframe and in compliance with applicable legal deadlines.
  • Right to Rectification: You can request the correction of any inaccurate or incomplete personal data we hold about you. You can either update your information directly through your user account or contact us at support@smuppy.com for a rectification request.
  • Right to Erasure (Right to be Forgotten): You can request that we delete your personal data from our systems, subject to certain legal exceptions (e.g., for legal retention obligations). To exercise this right, simply delete your account in your account settings or send a request via email to support@smuppy.com. We are committed to handling any request within a reasonable timeframe and in accordance with applicable law.
  • Right to Data Portability: You have the right to receive a copy of your personal data in a structured, commonly used, and machine-readable format and request its transfer to another data controller if technically feasible. You can exercise this right by emailing support@smuppy.com.
  • Right to Object and Withdrawal of Consent:
    • You can object to certain types of data processing, including direct marketing or profiling, at any time. To do so, you can adjust your privacy preferences in your account settings or send a request to support@smuppy.com.
    • If you have given consent for specific processing, you also have the right to withdraw it at any time. Withdrawal of consent will not affect the legality of processing based on consent before its withdrawal.
  • Complaint: If you believe your data privacy rights have been violated, you have the right to lodge a complaint with the competent data protection authority in your jurisdiction. For EU users, you may contact the Data Protection Authority (DPA) in your country.

13. Copyright and Intellectual Property on Smuppy

Your Copyright on Your Creations

As a Smuppy user, you retain the copyrights to any original content you create and share on the platform, including:

  • Photos and Videos: For example, photos of your workouts or educational health videos.
  • Texts and Posts: Such as blog articles or fitness recommendations.

Protected Works

Only original works can be protected by copyright, including:

  • Visuals and Audiovisuals: Photos, videos, and other multimedia creations.
  • Written Works: Guides, articles, or original scripts.

Reporting Infringements

If you believe your copyrights have been violated on Smuppy, you can report the violation via our email support@smuppy.com.

14. Contesting Automated Decisions and Profiling

If you wish to contest an automated decision or profiling, you can contact our support team at support@smuppy.com or adjust your preferences in your account settings.

Professional Accounts

For professional users, you have additional rights concerning your public profile and the data shared with your clients or fans. You can manage your public content and subscriptions at any time via your account settings.

15. Children's Privacy

Smuppy is not intended for children under the age of 16. We do not knowingly collect or solicit personal data from children under 16. If we become aware that we have collected data from a child under the age of 16, we will take steps to delete such data.

Professional Accounts

If your professional account serves users under 18 (e.g., minors participating in fitness training), parental consent may be required, and data will be processed in accordance with applicable child protection laws.

16. Conflict Resolution

In the event of a dispute between Smuppy and a user regarding this Privacy Policy or the use of services, the parties agree to follow these resolution steps:

Dialogue and Negotiation

The parties agree to resolve any claim amicably and in good faith. This includes an initial dialogue to resolve the dispute within a reasonable timeframe.

Mediation

If the dispute cannot be resolved within 30 days of the claim notification, the parties agree to attempt to resolve the dispute through mediation with an independent, accredited mediator, mutually chosen. Mediation fees will be shared equally between the parties.

Arbitration

  • If mediation fails, any unresolved dispute will be submitted to binding arbitration according to the rules of the chosen Arbitration Institution (e.g., International Chamber of Commerce (ICC) or another accredited institution), under applicable international arbitration rules at that time.
  • Location of Arbitration: Arbitration will take place in Ottawa, Canada where Smuppy is registered, unless the parties agree otherwise.
  • Language of Arbitration: Arbitration will be conducted in English or French.
  • Final Decision: The decision rendered by the arbitrator will be final and binding on both parties and can be enforced in any competent jurisdiction.

Jurisdiction

In the event of an unresolved dispute after arbitration, the competent courts will be those of Ottawa, unless applicable law imposes a different jurisdiction.

17. Modifications to the Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons.

If we make substantial changes to this policy, we will ask you to reconsider and accept the updated version before continuing to use our services.

18. Contact Us

If you have any questions or concerns about this Privacy Policy or wish to exercise your rights, please contact us at:

Email: support@smuppy.com

If you are in the European Union, you may also request a copy of the Standard Contractual Clauses or contact your local Data Protection Authority (DPA) if you have concerns.