Privacy Policy

Last modified: December, 2023

Introduction

Trainmakr LLC ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you download, access, or use the Overpowered (the "App").
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App.

This policy DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites, including websites you may access through this App.
• You provide to or is collected by any third party (see Third-Party Information Collection).

Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 18

The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at overpowered@trainmakr.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Information We Collect and How We Collect It

We collect information from and about users of our App:

• Directly from you when you provide it to us.
• Automatically when you use the App.

Information You Provide to Us

When you download, register with, or use this App, we may ask you provide information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, credit card number and any other identifier by which you may be contacted online or offline ("personal information").
• That is about you but individually does not identify you, such as user preferences, and user training data and preferences.

This information includes:

• Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, and subscribing to our service, and posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
• Your search queries on the App.
• Your training inputs and preferences.

You may also provide information for publication or display ("Posted") on public areas of the app or websites you access through the App (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

We retain your personal information for as long as your account is active or as needed to provide you with our services. Specifically:

• Account information (name, email, profile data): Retained for the duration of your active account, plus up to 30 days after account deletion to allow for account recovery.
• Training data and workout history: Retained while your account is active so you can access your historical progress. Deleted within 30 days of account deletion.
• Payment and transaction records: Retained for up to 7 years after the transaction to comply with tax, accounting, and legal obligations.
• Communications and support requests: Retained for up to 2 years after the interaction.
• Analytics and usage data: Retained in aggregated or anonymized form for up to 24 months.
• Marketing preferences and consent records: Retained until you withdraw consent, plus a reasonable period to demonstrate compliance.

You may request deletion of your personal information at any time by contacting us at overpowered@trainmakr.com. We will delete or anonymize your data within 30 days of your request, except where we are required to retain it by law (e.g., tax records, fraud prevention, or legal disputes).

Automatic Information Collection and Tracking

When you download, access, and use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
• Location Information. This App does not collect real-time information about the location of your device.

If you do not want us to collect this information, do not download the App or delete it from your device. You may request deletion of your data through our support team by emailing us at overpowered@trainmakr.com. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information. Note, however, that opting out of the App's collection of location information will disable any location-based features.

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

• Local storage for storing session identifiers.

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Advertisers, ad networks, and ad servers.
• Analytics companies.
• Your mobile device manufacturer.
• Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the App and its contents, and any other information, products, or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Give you notices about your account or subscription, including expiration and renewal notices.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
• In any other many necessary to provide you with the Services and carry out our legitimate business purpose

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our App according to your individual interests.
• Speed up your searches.
• Recognize you when you use the App.

We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

We may use the information we collect to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Trainmakr's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Trainmakr about our App users is among the assets transferred.
• To fulfill the purpose for which you provide it. For example, if you give us an email address to use for marketing or newsletter emails.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To third party payment processing services.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the App EULA, terms of service, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Trainmakr, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

• Promotion by the Company or Affiliated Third Parties. If you do not want us to use your email address or other contact information provided to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to overpowered@trainmakr.com.
• Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to overpowered@trainmakr.com.
• Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by sending us an email stating your request to overpowered@trainmakr.com.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your Settings menu page.

You may also send us an email at overpowered@trainmakr.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use.

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit the supplemental privacy notice. California's "Shine the Light" law (Civil Code Section 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to overpowered@trainmakr.com or write us at: Trainmakr LLC, 1724 Lacy Drive, Suite 112, Fort Worth, TX, 76177.

To learn more about consumer privacy rights in other states and how to exercise them, please see the Supplemental Privacy Notice.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is encrypted and travels through https. Our third party payment processor, Stripe and the App stores use their own system of encryption to protect your payment information.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated, an email when possible, and an in-App alert the first time you use the App after we make the change.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Trainmakr LLC, 1724 Lacy Drive, Suite 112, Fort Worth, TX, 76177.

Phone number: (831) 273-1218

Or via email at overpowered@trainmakr.com