DP CAPITAL GROUP LLC — PRIVACY POLICY

Effective Date: 01/01/2023 

All Rights Reserved

1. Introduction and Overview

1.1. DP CAPITAL GROUP LLC (the "Company", "we", "our", or "us") is the owner and operator of the application "DP COACHING" (the "Platform" or "App"), which enables personal trainers, wellness coaches, and nutritionists to provide training and coaching to their clients through the Platform. The Company may, at its sole discretion, develop, improve, and update the Platform.

1.2. The App is developed and maintained by FitBudd Inc., including its subsidiaries ("FitBudd"), which acts as the Company's technology service provider and data processor.

1.3. We attach high importance to the privacy and protection of our Users' data. This Privacy Policy describes our practices for the collection, use, storage, disclosure, and protection of personal data. It must be read together with the Terms of Use. Capitalized terms used but not defined here have the meaning given to them in the Terms of Use.

1.4. Scope. This Privacy Policy applies to all Users, including clients of trainers, wellness coaches, and nutritionists, and any other service providers registered on the Platform.

2. Acceptance and Changes to this Policy

2.1. By accessing or using the Platform, you agree to be bound by this Privacy Policy.

2.2. We may update this Privacy Policy from time to time. The most current version will be posted within or through the Platform, with an updated "Effective Date." For material changes, we will provide reasonable notice (for example, through the Platform or by email) before they take effect, where required by Applicable Law. Your continued use of the Platform after the changes become effective constitutes your acceptance of the revised Policy.

3. Information We Collect

3.1. Account and Personal Information. When you register, you create a unique username and private password (collectively, the "Access ID") used to create and activate an account ("Account"). We may collect information such as your name, age, gender, email address, phone number, and similar identifying information ("Personal Information").

3.2. Health and Fitness Data. To provide the Services, we and your Trainer may collect health-, fitness-, and nutrition-related information, including physical health condition, body measurements, progress photos, and similar data. You acknowledge that such information may constitute sensitive or special-category personal data under Applicable Law. We process this information only with your consent or as otherwise permitted by Applicable Law, and solely for progress tracking and service delivery.

3.3. User Content. You may be requested to upload photos, videos, or other content to assess fitness progress. Trainers and service providers may also upload videos, images, or other content. While the Company implements reasonable safeguards, the Company shall not be liable for any disclosure or misuse of such content by third-party trainers, coaches, or service providers, nor for the source, accuracy, legality, ownership, or nature of such content, including any copyright or intellectual property claims.

3.4. Financial Information. We may collect payment card or payment instrument details through secure third-party payment processors. The Company does not store complete financial account details.

3.5. Technical and Usage Information. We may collect device type, browser type, IP address, pages accessed, usage behavior, and interaction data. This information is used to improve functionality, security, and performance.

3.6. Location Information. Information that helps identify your location (such as postal code, city, or state) may be used to provide localized features and to improve the Services and user experience.

3.7. Accuracy. You are responsible for ensuring that all information you provide is accurate and complete. The Company reserves the right to verify such information where necessary.

4. How We Use Your Information

4.1. We collect, record, store, handle, and use your Personal Information and financial information for the following purposes:

• to provide access to the Platform and Services;
• to deliver coaching, fitness tracking, and related services;
• to communicate with Users, including updates and support;
• to improve the Services, features, and user experience;
• to detect and prevent fraud, unauthorized activity, or abuse;
• to enforce our Terms of Use; and
• to comply with applicable legal and regulatory obligations.

4.2. Photos and fitness-related data are used solely for progress tracking and service delivery.

5. Legal Bases for Processing

5.1. Where the EU/UK GDPR or a similar law applies, we process Personal Information on one or more of the following legal bases: (a) performance of a contract with you; (b) your consent (in particular for health and other sensitive data, which you may withdraw at any time); (c) our legitimate interests (such as security, fraud prevention, and improving the Services); (d) compliance with a legal obligation; and (e) protection of vital interests or establishment, exercise, or defense of legal claims.

6. How We Share Your Information

6.1. We do NOT sell or rent your Personal Information to third parties.

6.2. We may disclose or transfer your information to affiliates, agents, service providers, contractors, payment processors, and technical partners (including FitBudd), as well as to the Trainer or coach you engage with, as necessary to provide the Services. These parties are required to maintain appropriate security and confidentiality standards and to use your information only to the extent reasonably necessary.

6.3. Business Transfers. In connection with a merger, acquisition, financing, or sale of assets, your information may be transferred as part of that transaction, subject to this Privacy Policy.

7. Sale or Sharing of Personal Information (California Residents)

7.1. We do not "sell" or "share" (for cross-context behavioral advertising) Personal Information as those terms are defined under the California Consumer Privacy Act, as amended. California residents have the rights described in Section 9.

8. Data Retention

8.1. We retain your Personal Information only as long as necessary for the purposes described in this Policy, for legitimate business needs, or to comply with legal or regulatory obligations, after which we delete or anonymize it.

9. Your Privacy Rights

9.1. Depending on your jurisdiction, you may have the right to: access your Personal Information; correct or rectify inaccurate data; request deletion or erasure; restrict or object to certain processing; request data portability; and withdraw consent (without affecting the lawfulness of processing before withdrawal). California residents may also request to know the categories of Personal Information collected and disclosed, request deletion or correction, and opt out of any sale or sharing, and will not be discriminated against for exercising these rights.

9.2. To exercise any of these rights, contact us at support@coachingdp.com. We will respond within the timeframes required by Applicable Law and may take reasonable steps to verify your identity before fulfilling your request.

10. International Data Transfers

10.1. Your Personal Information may be stored and processed in any country where we or our service providers operate, including the United States. Where required by Applicable Law, we implement appropriate safeguards (such as standard contractual clauses) for international transfers. By using the Services, you consent to such transfers to the extent permitted by Applicable Law.

11. Data Security

11.1. We have implemented commercially reasonable security practices and procedures, including standard encryption technologies, commensurate with the information being protected and the nature of our business.

11.2. However, due to the inherent vulnerabilities of the internet, no method of transmission or storage is completely secure, and we cannot ensure or warrant complete security of information transmitted to us. By using the Platform, you acknowledge and accept this inherent risk.

11.3. To the fullest extent permitted by Applicable Law, and except for any liability that cannot be excluded by law, the Company shall not be liable for any unauthorized access, disclosure, loss, misuse, or alteration of your information by third parties or due to circumstances beyond our reasonable control.

12. Legal Disclosures and Exceptions

12.1. We may disclose your personal data if required to do so by law, court order, or governmental authority, or where necessary to protect the rights, safety, or property of the Company, its Users, or third parties.

13. Cookies and Tracking Technologies

13.1. We and our service providers may use cookies and similar technologies to operate the Platform, remember your preferences, analyze usage, and improve the Services. You can manage cookies through your device or browser settings; disabling certain cookies may affect the functionality of the Platform.

14. Trainers and User Content

14.1. The Platform connects Users with independent Trainers. While we implement reasonable safeguards, the Company is not responsible or liable for any disclosure, misuse, source, accuracy, legality, ownership, or nature of any content (including intellectual property or copyright claims) uploaded by trainers, coaches, or other service providers. Your interactions with any Trainer are governed by your separate relationship with that Trainer.

15. Children's Privacy

15.1. The Platform is intended solely for users who are at least eighteen (18) years of age. We do not knowingly collect personal data from anyone under 18. If we become aware that we have collected such data, we will delete it.

16. Marketing Communications

16.1. We may send you emails or notifications regarding the Services, updates, or promotional content. You may opt out of promotional communications at any time by using the unsubscribe link or by contacting support@coachingdp.com. We may still send you transactional or service-related messages.

17. Third-Party Links and Services

17.1. References or links to third-party products, services, or websites are provided for convenience only and do not imply endorsement. We are not responsible for the privacy practices of those third parties; please review their policies independently.

18. HIPAA Notice

18.1. Please note that neither the Company nor the Services are regulated by the Health Insurance Portability and Accountability Act ("HIPAA"). Consequently, your information is not protected under HIPAA regulations.

19. Intellectual Property

19.1. The Platform and all trademarks, content, branding, and materials are exclusively owned by DP CAPITAL GROUP LLC and are protected by applicable intellectual property laws. Unauthorized use is strictly prohibited.

20. Limitation of Liability

20.1. To the maximum extent permitted by Applicable Law, DP CAPITAL GROUP LLC and FitBudd shall not be liable for any injuries, damages, losses, or claims arising from the use of the Platform or the Services. Nothing in this Policy excludes or limits any liability that cannot be excluded or limited under Applicable Law.

21. Contact and Grievances

21.1. If you have any query or grievance relating to the use or protection of your personal data or the Platform, please contact us at: support@coachingdp.com.

22. Miscellaneous

22.1. This Privacy Policy forms an integral part of the Terms of Use and must be read in conjunction with them. We may retain your information only as long as necessary for business, legal, or regulatory purposes. Capitalized terms used but not defined herein have the meaning assigned to them in the Terms of Use.

DP CAPITAL GROUP LLC — All Rights Reserved