(Including Children’s Online Privacy Protection Policy)

Effective and last revised on October 13, 2026

The following Privacy Policy ("Privacy Policy") governs your use of the Sites and the Services, which are owned by Swipe Health, Inc. ("SwipeHealth"). 

We have created this Privacy Policy to ensure that you understand our policies and procedures relating to privacy, what personal information you must provide if you wish to use certain portions of the Sites and the Services, ultimately, just how we use such personal information.

This Privacy Policy is a part of and is incorporated into our Terms and Conditions (the “Terms of Use”), available at swipehealth.ai/terms-and-conditions. All defined terms in this Privacy Policy shall have the meaning assigned to them in the Terms of Use. By accessing or using any of the Sites and the Services, you acknowledge and agree that you have read and agree to be bound by this Privacy Policy.
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1. Sites and Site Operator The sites to which the following Privacy Policy applies are: swipehealth.ai and its subdomains (including app.swipehealth.ai and portal.swipehealth.ai) and the associated mobile apps (collectively, “the Sites”). The operator of the Sites is Swipe Health, Inc., a Delaware corporation registered to do business in Texas.
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SwipeHealth is a Texas-based company and serves consumers in the United States of America. You are not eligible to use the Services if you are located outside the United States of America. In particular, you may not use the Services if you are located in the European Union or otherwise subject to the protections of the European Union’s General Data Protection Regulation. If you are a resident of the European Union, you agree you will not access the Services from within the European Union. You further agree that by using the Service you represent that you are at least 18 years old and that you are legally able to enter into this agreement. If you are under 18 or otherwise legally unable to enter into this agreement, you may not use the Services of SwipeHealth.
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2. Effective Date. This Privacy Policy is effective as of, and was last revised on, October 13, 2026. We may change this Privacy Policy from time to time. Section 14 explains how we tell you about changes, and when continuing to use the Services does and does not mean you agree to them. By agreeing to the Terms of Use applicable to the Sites at which this Privacy Policy is posted, you are also agreeing to be bound by this Privacy Policy. Unless otherwise indicated, defined terms in this Privacy Policy shall have the same meaning(s) assigned to them in the Terms of Use.
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3. Information We Collect

We may obtain information about you in a variety of ways, including through your use of our Services, when you call, email or otherwise communicate with us (including through social media), or when you participate in events or other promotions. 

The information that we collect, whether from you directly or automatically, may be considered personal information in certain jurisdictions. Whenever we refer to personal information in this Privacy Policy, it means personal information or personal data as defined by applicable laws in the relevant jurisdiction.

●      To customize our Services to your requirements, we will ask you to tell us your fitness goals and other related information. Separately, we may offer you opportunities to add further information, such as your weight, which will provide additional customization of the Services for you, such as connecting Apple Health or Health Connect (see "Apple Health and Health Connect" below). If you choose not to share some or all of this information with us, you may not have access to certain features of our site and mobile applications. 

●      Content, comments, photographs, video submissions or your likeness when you provide it to us as part of our community and social features
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Other information collected: 

We also collect information you provide to create and manage your account, such as:

Basic profile details: 

• Age or date of birth, gender, preferred units and time zone
• Subscription status, plan type, and billing-related identifiers (payment is usually handled by outside service processors, not stored by us directly)

This information helps us identify you, secure your account, and provide your subscription or access level.

Device & Technical Information: 

• Device identifiers and attributes (device type, operating system, app version)
• IP address, general location inferred from IP (e.g., city or region)
• Log data about how you interact with the Services (pages/screens viewed, features used, session timestamps, error logs)
• Mobile advertising or analytics identifiers (where permitted)
• We use this information to operate, secure, and improve the Services.‍

You can also log information related to nutrition and lifestyle, such as:

Workout & Activity Data

• SwipeHealth allows you to log and track your physical activity, including: Exercise type, duration, intensity, repetitions, sets, weights, distances, pace, Training goals and training plans
• Activity tags you add (e.g., “leg day”, “low energy”, “injury recovery”)

This “workout data” may come from manual entries, from wearables or fitness apps you connect, or from structured programs you follow within SwipeHealth
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Nutrition & Lifestyle Data

• Food and beverage intake, calories, macros, and other nutrient information
• Dietary patterns, preferences, and restrictions (e.g., vegetarian, low-carb)
• Lifestyle factors like sleep duration or quality, perceived stress, and other notes
• Progress photos or body metrics you choose to record (e.g., weight, body measurements, body composition)
• Some of this information may reveal or suggest health conditions or other sensitive characteristics.‍

Wearable and Health App Data

• If you connect Apple Health or Health Connect, see "Apple Health and Health Connect" at the end of this Section 3 for exactly what we read, how we use it and how to delete it.

Lab & Clinical Data (If You provide or connect it)

If SwipeHealth supports lab or clinical integrations and you choose to connect them, we may receive:

• Lab test names and results (e.g., blood tests, biomarkers, dexa scans)
• Test dates, ranges, and flags (e.g., high/low indicators)
• Metadata associated with the test (e.g., ordering provider, lab facility, but typically not full medical records)

We use these data only to generate insights and trends within SwipeHealth, not to practice medicine.

Inferred & AI-Generated Insights

Beyond the raw logs and signals, SwipeHealth generates inferred and AI-generated insights, for example:

• Readiness or recovery scores
• Training load and fatigue estimates
• Sleep quality or efficiency scores
• Risk or trend indicators (e.g., early signs of overtraining)
• Suggested workout intensities, volumes, or progressions
• Nutrition suggestions (e.g., macronutrient ranges, meal timing tips)

These insights are computed from the other categories of data you provide or sync and may be updated as our algorithms evolve.
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The Service may provide access to an artificial intelligence-enabled coaching tool or chatbot designed to offer general guidance, educational information, productivity support, reflection prompts, and coaching-style responses. The AI coach is not a human advisor, therapist, attorney, doctor, financial advisor, or other licensed professional of any kind. Responses generated by the AI coach may be incomplete, inaccurate, or not appropriate for your specific circumstances. You should not rely on the AI coach as a substitute for professional advice or otherwise and we disclaim all warranties and any representations of any kind.
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‍Information You Submit to the AI Coach
When you use the AI coach, we may collect and process the information you submit, including questions, prompts, messages, goals, preferences, feedback, and other content you choose to provide. You may share your training, recovery and health information with the coach, which is designed to use it to personalize your coaching. Do not send the coach other sensitive information, such as confidential business information, financial account numbers, government ID numbers, passwords or information about children.
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‍No Confidential, Fiduciary, or Privileged Relationship
Your use of the AI coach does not create a confidential, fiduciary, professional, attorney-client, doctor-patient, therapist-client, or other privileged relationship. Although we take reasonable steps to protect information as described in this Privacy Policy, information submitted to the AI coach should not be treated as privileged or absolutely confidential.
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‍Use of AI Interaction Data
We use the information you submit to the AI coach to generate your coaching responses, operate and secure the Service, troubleshoot errors, and measure service quality. We do not use your conversations, workout data, or any other personal information to train, fine-tune, or improve AI models, whether ours or a third party's. Every AI request is live inference: your information is used to produce your response and is not retained by any model provider to build a model. Coaching conversations are processed by a model hosted on Amazon Bedrock inside SwipeHealth's own Amazon Web Services account; workout programs are generated using the OpenAI API, which receives only de-identified program inputs and never your name, email address, or account identifier. We may analyze de-identified or aggregated usage statistics to improve the Service. Our current list of service providers is published at swipehealth.ai/subprocessors. ‍
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‍Third-Party AI Provider

‍We may use third-party technology providers to power or support the AI coach. Information you submit may be transmitted to, processed by, or stored by those providers on our behalf. We require such providers to process personal information in accordance with applicable contractual, privacy, and security obligations.
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‍No Guarantee of Accuracy
AI-generated responses are provided for informational and coaching purposes only. We do not guarantee that any AI-generated response will be accurate, complete, current, or suitable for your needs. You are responsible for evaluating any response before relying on it. ‍

‍Not for Emergencies or Crisis Situations The AI coach is not designed to respond to emergencies, crisis situations, or threats of harm to yourself or others. If you are experiencing an emergency or believe you or someone else may be in danger, call emergency services immediately or contact an appropriate crisis hotline or qualified professional.

‍‍Children and Minors
The AI coach is not intended for use by anyone under the age of 18; the Services are offered only to adults. We do not knowingly collect personal information from children through the AI coach. If we learn that an account belongs to someone under 18, we will close it and delete its information.

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‍‍Retention of AI Interactions

We keep your AI coach interactions as part of your account. They are deleted with the rest of your personal information on the schedule described in Section 10 (Data Retention & Sharing), and the limited exceptions in that section apply to them too. We may also de-identify or aggregate AI interaction data so that it no longer identifies you. ‍

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‍De-Identified and Aggregated Information.

We may de-identify, anonymize, or aggregate information submitted through the AI coach so that it does not reasonably identify you. We may use and disclose such de-identified or aggregated information for analytics, research, product improvement, business, and other lawful purposes. We do not use coach conversations, even in de-identified form, to train, fine-tune or improve AI models. ‍

‍Automated Processing The AI coach uses automated systems to generate responses based on the information you provide. These responses are generated algorithmically and may not and are likely not to be reviewed by a human before being displayed to you.
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Apple Health and Health Connect

This part of the Privacy Policy explains how we handle data from Apple Health on iPhone and Health Connect on Android, and from device accounts you connect directly where that option is available. Here, "Health App Data" means the data we receive from Apple Health, Health Connect or a device account you connect directly, and anything we calculate from it, such as readiness and recovery levels. If anything else in this Privacy Policy conflicts with this part, this part controls for Health App Data.

Your choice. Connecting is optional, and SwipeHealth works without it. We read only the types of data you allow on your phone's permission screen. You can change those permissions at any time in your phone's settings.

What we may read. Depending on what you allow and what your phone has recorded, we may read:

• Workouts and other activities, such as the type of activity, start and end time, duration and distance, and your heart rate and energy burned during them
• Steps
• Sleep, such as time asleep and time in bed
• Resting heart rate, heart rate while you sleep, and heart rate variability (HRV)
• Height, weight, body fat percentage, date of birth and sex

This data may come from a watch, ring or other app that saves to Apple Health or Health Connect. When you first connect, we read up to the last 90 days so your plan starts with some context. After that, we read new data while you use the app and, where that feature is available and your phone allows it, in the background. Some versions of our iPhone app also ask permission for other types, such as blood oxygen, breathing rate, wrist temperature and VO2 max. We do not read those types.

Connected device accounts. Where that option is available, you can also connect some device accounts directly, such as Garmin, WHOOP or Oura. When you do, that company sends us the workouts you approve on its own sign-in screen, including the activity type, times, duration, distance, heart rate, energy burned and the device name, for the last 30 days and then as you record new ones. We do not store the company's own scores. We treat this data as Health App Data under this part. Disconnecting a device account stops new data, removes our access with that company and deletes what that connection sent us within 30 days.

How we use it. We use Health App Data only to provide features you see in SwipeHealth:

• to set up and adjust your workouts, for example making a session lighter after a short night's sleep or a hard outside workout
• to show your activity, sleep and recovery trends in the app
• to give your SwipeHealth coach context, so it can explain changes and tailor its answers to you
• to keep these features secure and working, and to fix problems with them

We use energy burned to estimate how hard an activity was and to show it in your activity trends.

Saving to Apple Health or Health Connect. Where that feature is available and you turn it on, we save workouts you complete in SwipeHealth, and the weight you log, to Apple Health or Health Connect, marked as coming from SwipeHealth. Once saved, that copy is held by Apple or Google under their terms. Deleting data in SwipeHealth does not delete it there.

Who can see it.

• You.
• A trainer or other practitioner, only if you approve that specific person in SwipeHealth and choose to share it with them. Nothing is shared until you choose: on the approval screen every item starts off, and you can turn items on one at a time or tap "Allow all". The practitioner can see everything you choose to share, including your history of it, until you remove their access or it ends as described in Section 8B of our Terms and Conditions. You can remove their access at any time in the app or by emailing support@swipehealth.ai.
• Not an organization that pays for your membership. It never sees your Health App Data, either for you individually or in group totals or reports.
• Our service providers, only to run SwipeHealth for you and under written contracts that limit their use to that. Amazon Web Services stores Health App Data and runs the AI model that powers your coach inside SwipeHealth's own AWS account. If any Health App Data is used to build your workout program through the OpenAI API, it is sent without your name, email address or account identifier.
• People at SwipeHealth who need it to run, support and secure the Service, for example when you ask us for help, to fix a problem, to protect the security of the Service or investigate misuse, or when the law requires it.

We may also disclose Health App Data when the law requires it, such as in response to a valid court order, and we will tell you unless the law prohibits it. If SwipeHealth is merged or sold, Health App Data may move to the new owner, who must keep following this part of the Privacy Policy.

What we never do. We do not sell Health App Data. We do not use it or share it for advertising or marketing, including to show you ads or to measure ads. We do not use it to track you across other companies' apps or websites. We do not use it to make decisions about credit, lending, insurance or employment. We do not use it to train, fine-tune or improve AI models, ours or anyone else's, and this will not change even if we later ask your permission to use other data to improve our AI. We do not include it in de-identified or aggregated data that we share, sell or license to anyone.

Health Connect. Our use of information we receive from Health Connect follows the Health Connect permissions policy, including its limited use requirements.

Check-ins and sports. If you answer a readiness check-in (how you feel today, such as fresh, a bit tired or sore, and where), or tell us which sports or activities you do and when, we treat those answers as consumer health data. We do not sell them, use them or share them for advertising or marketing, or use them to train AI models. You enter them in SwipeHealth rather than in Apple Health or Health Connect, so disconnecting a health app does not delete them. We delete them when you ask us to, when you delete your account, or as described in Section 10 if your paid or sponsored access ends.

Stopping and deleting.

• Stop new data. In SwipeHealth, go to Account, then General, then Connected data, and tap Disconnect. You can also turn off SwipeHealth's access in your phone's settings (on iPhone: Settings, then Health, then Data Access & Devices, then SwipeHealth; on Android: the Health Connect app, then App permissions, then SwipeHealth). If you only change your phone's settings, we stop receiving new data but keep what we already received until you disconnect or ask us to delete it.
• Disconnect deletes the readings. When you tap Disconnect, we stop reading and delete the readings we received from that connection within 30 days. You can also ask us to delete those readings by emailing support@swipehealth.ai from your account email with the subject "Delete my health data", and we will delete them within 30 days. Copies in our encrypted backups expire within 30 days after that. Your SwipeHealth workouts and workout history stay, including changes we already made to past workouts.
• Delete all of it. To also delete the readiness, recovery and other levels and scores we calculated from your Health App Data, use Delete health data in the app where that option is available, or email support@swipehealth.ai from your account email with the subject "Delete my health data". We delete it within 30 days, and backup copies expire within 30 days after that. Your account and plan stay.
• Coach conversations. If you or your coach mentioned this data in a coach conversation, that conversation is kept with your other coach conversations until you delete your account, you ask us to delete it, or it is deleted as described in Section 10.
• Deleting your account deletes your Health App Data along with the rest of your information, as described in Section 10.
• Data stored in Apple Health or Health Connect itself stays there. You can delete it in those apps.

How long we keep it. For as long as your account is active and the connection is on, unless you delete it sooner as described above or it is deleted after your paid or sponsored access ends, as described in Section 10.

Security. We store Health App Data in the United States, encrypted in transit and at rest, and only the SwipeHealth staff who need it to run the Service can access it.

Your rights. Health App Data is consumer health data. Our Consumer Health Data Privacy Policy (swipehealth.ai/consumer-health-data-privacy-policy) explains your rights under state health data laws.

4. Sources of Information and Purposes of Use

Some of this information you provide to us and some we collect when you use our Services. We also may obtain information about you (including personal information) from our business partners, such as vendors, and others. 

●      Information collected from you

The following are examples of the types of information we may collect directly from you in addition to those noted above: 

o Name. We collect your name to create and personalize your account. If you purchase a subscription on our website, our payment processor (Stripe) collects your payment details directly; we never store card numbers.

o Email address. We use your email address to (i) communicate with you about our Services, including our other products and provide you with exclusive offers; (ii) respond to your requests, inquiries, comments, and suggestions; and (iii) communicate with you about your account.

o   Username and/or Password. Certain of our Services use this information to facilitate your access to our website or mobile application and validate your login for your security.

o   Payment card and other payment information. If you pay for Services directly through our website, you authorize us to have our payment processor collect this information. 

o   Fitness Goals. You may choose to tell us about your goals to personalize the Service for you.

o   Gender. We ask your gender to help us personalize the Services, allow you to track calories and to help us understand our customer demographic. This is voluntarily provided information.

o   Age. You may choose to provide your age to help us personalize the Services, allow you to track calories and to help us understand our customer demographic. This is voluntarily provided information.

o   Weight and/or target weight. You may choose to provide your weight in order to track your calories. 

o   User Content (comments, photos, videos). You may choose to provide user content when you use our community or social features.

o   Customer Service Interactions. If you contact our customer support team, we collect the information you give us during this interaction. 

●      Information collected by automated means (“Automated Information”)

We collect Automated Information through the use of cookies, and other technologies. In addition to cookies, such other technologies may include:

●      "Pixel tags" (also known as a "clear GIFs" or "web beacons") which are tiny images (in most cases, typically just one-pixel) that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our Web pages. 

●      "HTML5" (the language some websites, such as mobile websites are coded in) may be used to store information on your computer or device about your website usage activities and to help determine how our Services are being used by our visitors, how the services can be improved and to customize our Services for our users.

Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies/.

The above tracking technologies may be deployed by us or our service providers on our behalf. You can find more information noted in the applicable labels of this Privacy Policy.

Automated Information includes information such as: 

●      IP address

●      Browser type/version (for example: Firefox 59.0.2 (64 bit))

●      Browser language (for example: English)

●      Operating system used (for example: Windows 11 or OS)

●      Internal resolution of the browser window

●      Service provider and signal strength

●      Hardware and software information

●      Device Type

●      Services online.

●      Time zone

● Identifiers associated with cookies or other technologies that may uniquely identify your device or browser

●      AdvertisingID (such as Google's AdvertisingID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device's settings)

● Mobile attribution identifier (AppsFlyer) (this identifier lets us know where our users found our Services online, record user app events and optimize our advertising efforts)

●      Screen resolution

●      JavaScript activation

● Cookies on / off (see Section 15, Cookies)

●      Color depth

●      Referrer

●      Dates and times of access

We or our service provider may assign you a unique identifier through automated means in order to match information collected from you through different means or at different times, (including both personal information and Automated Information) and to use such information as described in this Privacy Policy.

This Automated Information is generally used for the following purposes: 

o   for the technical provision of our Services in order to be able to provide you with a functioning user-friendly experience

o   to provide you with a secure experience and to take measures to protect our website and mobile applications from cyber risks

o   to uncover insights about your use of our website and mobile applications in order to improve our Services and features, including developing new products and features

o   to facilitate your access to our website or mobile application 

o   to customize our Services for you 

o   to help us better understand our current and potential customers and optimize the marketing of our Services accordingly

o   events and usage data is captured for our internal business analytics in order to understand how our users interact with our mobile applications and use our services. For example, we may capture when a user visits a screen, taps a button, permits notifications, upgrades, or otherwise interacts with the app.

o   Monitoring and analyzing the effectiveness of our communications (including by identifying when emails sent to you have been received and read)
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Information collected from service partners and integrated services. 

We may obtain information, including personal information from outside sources that we integrate into our Services either for the provision of our services or to facilitate your access to our Services such as described below. 

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If you purchase a subscription to one of our mobile apps, neither Google nor Apple provide us with any personal information of the subscription purchaser (like name, email or payment information). Only an anonymized Subscription ID or Order ID gets transferred to us. If you create a SwipeHealth account, this anonymized subscription information gets attached to your record for the purpose of subscription sharing with your SwipeHealth account across multiple devices.
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You may be given the option to access or register for our services through the use of your third-party social media account, such as Facebook or Google. If you select this option, your social media provider may make certain of your personal information available to us, such as your email address or other unique identifier or we may be asked to share certain information with such social media provider. If you choose to sign on through your social media provider, you authorize us to collect your information from such provider and process it in accordance with this Privacy Policy and you also authorize us to share your information with your social media provider as necessary to permit you to access our services using your social media account. We recommend that you review your social media provider’s privacy policies carefully before using their service to connect to our Services.

5. How We May Use Your Personal Information and the Information Listed Above

In addition to the purposes described above, we may use the information we collect for a variety of purposes, such as the following:
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Performing Our Services

o Maintaining or servicing accounts, providing customer service, operating our website and mobile applications; processing or fulfilling orders and transactions, verifying user information, processing payments

o   For your convenience, if you register for one of our mobile applications, we may port over your login and/or profile data to other mobile applications or Services that you purchase from us

o   We may link your account across one or more devices or Services so that you can enjoy a consistent experience across all devices and/or Services that you access.

o   Communicating about the products and services we offer, and responding to requests, inquiries, comments, and suggestions

o   Providing social and community features, including publicly displaying content (comments, photos, videos) that you voluntarily post
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Internal Research

o   Understanding and evaluating how our services and features perform with our users 

o   Uncovering insights about usage in order to improve the services and provide customers with enhanced features as well as inform our development of new features and products. 

o   Development of customized or personalized experiences of our Services, such as remembering your information so you do not have to re-enter it each time you use one of our Services

Auditing Interactions with Consumers

o   measuring usage of our websites and mobile applications

o   measuring our advertising and marketing activity (e.g., measuring how a user was acquired)

Security

o   To provide you with a secure experience and to take measures to protect our website and mobile applications from cyber risks

o   Protecting against, identifying, investigating, preventing, and responding to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide

Debugging/Repair

o   identification and repair of impairments to intended, existing functionality of our Services

Marketing

o   Understanding our customer in order to more effectively market our Services

o   We use your email (with your consent where required) to send you information about our products and services and exclusive offers

Quality and Safety Maintenance and Verification

o   activities related to improving the quality of the Services we provide, including upgrade or enhancement of the Services

o   verification or maintenance of the quality or safety of Services

o   Tracking and responding to quality and safety matters

o   Protecting our rights and property

Complying with legal or regulatory requirements, judicial process, industry standards and our company policies 

Other purposes that may be described at the time you choose to provide personal information to us

We may also aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes (including historical and statistical analysis and business planning) without restriction. We commit to not re-identifying or de-aggregating data once it is aggregated or de-identified for this purpose and, where appropriate, will require our vendors to do the same.
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This paragraph does not apply to Health App Data (described in "Apple Health and Health Connect" in Section 3). We never include Health App Data in de-identified or aggregated data that we share, sell or license to anyone, and we never share it with an organization that pays for your membership, even in group totals.

6. How We May Share Information about You with Others

We may share information about you for the purposes described in this Privacy Policy or pursuant to a specific “in-time” privacy notice we may provide at the time we collect the information. 
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Service Providers 

We may share information about you with the following categories of service providers for a variety of business purposes:

o   Customer Communications and Insights Platforms. We may share email, app usage and interactions with our customer communications platform service provider for the following business purposes: performing services that allow us to communicate with you and administer your account as well as track your usage for our internal analytics.

o   Internal Business Insights Platforms. Our internal business analytics platform service provider provides us with the tools to help us understand app usage and interactions and uncover insights that allow us to improve our product and features as well as optimize our marketing. We may share or make available unique user identifiers, IDFA, deviceID, IP address, mobile attribution identifier (AppsFlyer) and app usage and events (such as when you subscribed to our services) with these providers for the following business purposes: performing services that allow us to (i) monitor and understand usage in order to enhance existing Services or develop new products and features and (ii) better understand our customers in order to market our products more effectively.

o   Customer Support. When you contact us through one of our support emails listed at the bottom of this Privacy Policy, your email may be directed through our customer support platform service provider which will have access to your email, the content of your email as well as date and time your request came into our system. We use these providers to allow us to communicate with you about your account and to receive reports from users about the quality or safety of our products. 

o   Measurement and Attribution. These service providers offer tools that allow us to measure and attribute the source of new subscription sign ups and that allow us to uncover insights about usage and app events. We may use unique user identifiers made available to us from these service providers to help us measure the effectiveness of our ads (e.g., where and how a user is acquired) and to uncover information about how our customers are using our apps in order to improve their quality and safety. We may also share and/or store the unique identifiers with these providers for the same purpose. 

o   Other technology providers necessary to provide our services (including cloud storage and web hosting providers). We store user provided and Automated Information and/or aggregate or non-personally identifiable information with our cloud storage providers. We also may make certain Automated Information available for various purposes such as monitoring network traffic to detect malicious actors and to protect against malware, fraud or other unlawful uses or activity. 

o   Payment processors. If you purchase our Services outside of the Apple or Google stores, we will process your payment through our service provider. When you pay in this manner, you authorize and direct us to process your payment through our payment processor. We will not store or collect your payment card details. That information is provided directly to our service provider payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.  For instance, we use Stripe, and their Privacy Policy can be viewed at https://stripe.com/us/privacy.

o   Marketing providers. We, or the service providers we use to assist us with marketing our own products to you, may use the information we collect from you to provide advertisements and offers for our other products. We also use Google Ads to advertise our products. When you view or click on an ad on a website or app, tracking technology may be set by Google to help better provide advertisements that may be of interest to you. You may opt-out of the use of this tracking technology by visiting Google’s Advertising and Privacy page: policies.google.com/technologies/ads. Additionally, if we obtain your information in connection with a contest, sweepstakes, event, offering or other promotional activity that we offer jointly with a co-sponsor, you authorize and direct us to share your information with that co-sponsor. We may also share your information with a service provider who administers the promotion, contest and/or sweepstakes. We may also share aggregate information to service providers and platforms that help us understand our user demographic, including user demographic interests, habits and usage patterns for certain of our Services so that we may market our products more effectively.

Practitioners you approve and organizations that sponsor you. If you approve a trainer, dietitian, clinician or other practitioner in the app, we share with that practitioner only the information you choose, including your history of that information, until you remove their access or it ends as described in Section 8B of our Terms and Conditions. Practitioners never see your coach conversations. If an organization sponsors your membership, it can see only the information described in Section 8A of our Terms and Conditions and group totals that never describe fewer than 10 people and never include data from Apple Health, Health Connect or any wearable or connected device. We do not try to re-identify those group totals, and our agreements with sponsors prohibit them from trying.

Corporate Transactions: 

We may share information about you in connection with (including during the evaluation or negotiation of) a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind-down of a business (each a “Corporate Transaction”). Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we engage in any Corporate Transaction (including, selling or transferring all or a portion of our business or assets). If we engage in such a sale or transfer, we will, where feasible, direct the recipient to use the information in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal information.

Legal, Regulatory, Compliance and Similar reasons

In addition, we may disclose and/or share your information to comply with legal or regulatory requirements (including to comply with a court order, judicial subpoena or other subpoena or warrant), industry standards, judicial process, and our company policies, as well as to protect against, identify, investigate, prevent and respond to fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), adverse event reporting, and claims and other liabilities. 

We also reserve the right to disclose your information (i) when we believe in good faith that disclosure is appropriate or necessary to take precautions against liability, (ii) to protect our rights or property or the legal and property rights of others and (iii) to investigate and defend third party claims or allegations against us.

In addition, we may collect, use and disclose your personal information as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.

Sensitive Information

We use and disclose sensitive personal information, including consumer health data, only as described in "Your State Privacy Rights" in Section 9 and in our Consumer Health Data Privacy Policy at swipehealth.ai/consumer-health-data-privacy-policy. We handle Health App Data, and the check-in and sports answers described with it, only as described in "Apple Health and Health Connect" in Section 3. We do not collect biometric identifiers (such as fingerprints or face scans) or precise geolocation.

7. Do Not Track Disclosures

Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, our Sites do not currently process or respond to "do-not-track" (DNT) settings in your web browser, except that the product analytics in our web app at app.swipehealth.ai honors them. If and when a final standard is established and accepted, we will reassess how to respond to these signals.

8. Social Media

We maintain a presence on several social networking and blogging platforms, such as Facebook, Instagram, Google, LinkedIn, Twitter, Snap, TikTok and Pinterest. We may incorporate some third-party social networking features into our Services (including, allowing users to interact with others and share certain content and information on social media platforms) or utilize third-party provided platforms to publish or manage the Services or portions thereof. Through these platforms and features, we receive or may share information about you, and this Privacy Policy applies to that information as well. In addition, some providers of third-party social media or blogging platforms we utilize their own privacy policies which explain how these other companies that provide them may collect, use and protect your information (e.g., if you establish an account with such platform providers directly). By using social features, you agree to those third parties’ privacy policies and terms of use. 
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If you choose to communicate with us or another user through social features available on our websites or mobile applications or through our social media pages, or other similar communication or messaging features or services, such information may be made publicly available. For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation, to monitor messages and communications between and among users for security and quality purposes. We may, but are not obligated to, remove any content we deem (in our sole discretion) to be inappropriate.

9. Online Privacy Choices and Rights

Device permissions 

Mobile platforms have permission systems for specific types of device data and notifications, such as camera and microphone as well as push notifications. Where applicable, you can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.

   
‍Uninstall 

You can stop all information collection by the app by deactivating your account by following the instructions on the screen and then uninstalling the app using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you reinstall the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.

 
‍Email 

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us at support@swipehealth.ai. Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive transactional or administrative messages from us regarding the Services. The ten-business-day period above applies only to marketing opt-outs. Requests to access, correct, delete or get a copy of your personal information, and appeals, follow the timelines in "Your State Privacy Rights" below.

Location information

We do not collect your device's precise location. 

Notice to Nevada users

Under Nevada law, Nevada residents may opt out of the “sale” of certain “covered information” (as defined under Nevada law) collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by Nevada law, and we do not have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please contact us at support@swipehealth.ai. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our practices change.

Your State Privacy Rights

Some U.S. state laws give you rights over your personal information. The consumer health data laws of Washington (the My Health My Data Act), Nevada (SB 370) and Connecticut apply to consumer health data whatever the size of the business that collects it. Our Consumer Health Data Privacy Policy at swipehealth.ai/consumer-health-data-privacy-policy explains how we handle that data. Other state privacy laws apply only to businesses above size thresholds that we do not currently meet. We offer the rights below to every SwipeHealth user in the United States, whether or not the law of your state requires it.

Consumer health data. You may:

• confirm whether we collect, share or sell your consumer health data, and receive a list of the third parties and affiliates with which we have shared it, with a way to contact each of them;
• access the consumer health data we hold about you;
• withdraw your consent to our collection or sharing of your consumer health data; and
• have your consumer health data deleted.

All personal information. You may also:

• know what personal information we have collected about you, where it came from, and how we use and disclose it;
• receive a copy of your personal information;
• correct personal information that is inaccurate;
• have your personal information deleted; and
• opt out of the sale of your personal information and of its use for targeted advertising.

We do not use your personal information for profiling that produces legal or similarly significant effects about you.

Sensitive personal information. We collect sensitive personal information, including consumer health data, only when you give it to us or choose to connect a source of it, such as Apple Health. We use and share it only as described in our Consumer Health Data Privacy Policy. We do not sell it, and we do not use it for advertising.

How to make a request. Many of these rights you can exercise yourself in the app. You can view and edit your profile, and you can delete your account under Account, then Delete my account. Deleting your account deletes your personal information as described in Section 10. For any other request, email support@swipehealth.ai from the email address on your account, with "Privacy request" in the subject line (or "Consumer health data request" for a request about consumer health data). You can also mail a request to the address in Section 21. We verify a request by matching it to the email address on your account. If you write from a different address, we may ask you to confirm from your account email or to give us information that matches our records. We will send a copy of your personal information to your account email. You may use an authorized agent to make a request for you. If you do, we may ask the agent for your signed permission and ask you to confirm your identity with us directly. We do not charge for requests. We may decline a request that is manifestly unfounded or excessive, and if we do, we will tell you why.

How long we take. We will respond to a privacy request within 45 days of receiving it. If we need more time, we may extend that once by up to 45 more days where the law allows. If we do, we will tell you, and explain why, within the first 45 days. Requests to stop marketing email follow the shorter timeline in the "Email" paragraph above.

Appeals. If we decline your request, in whole or in part, we will tell you why. You may appeal by replying to our response with "Appeal" in the subject line, or by writing to us at the address in Section 21 marked "Appeal". We will review the request again and tell you in writing what we decided, and why, within 45 days of receiving your appeal. If we deny your appeal, we will tell you how to contact the attorney general of your state to submit a complaint.

We will not deny you the Services, charge you a different price or give you a lower quality of service because you exercised any of these rights. Deleting your account does end your access to the Services.

Marketing Opt-Outs

Some of the service providers that we use to market our Services and show our ads on other websites and mobile applications may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising on the websites and mobile applications that you visit and use, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for outside party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/.

10. Data Retention & Sharing

We keep your personal information for as long as your account is active. When you delete your account, we delete your personal information from our production systems within 30 days, and it ages out of encrypted backups within 30 days after that. If your paid subscription ends or an organization stops paying for your membership, your account stays yours, and we do not delete it for that reason. If you do not start a paid plan or a new sponsored membership within 12 months after your paid or sponsored access ends, we may delete the health and activity data in your account, such as your workout history, data from Apple Health, Health Connect or a connected device, your check-in answers and your coach conversations. We will email you at the address on your account at least 30 days before we do, so that you can start a plan again to keep it or ask us for a copy. We keep the rest of your account information until you delete your account or it is deleted for inactivity as described in Section 14 of our Terms and Conditions. We may keep information longer only where the law requires it (for example, billing records we must keep for tax purposes), to resolve a dispute or enforce our agreements, to keep a record of the consents you gave us and the privacy requests you made for as long as we need it to show we complied with the law, or in de-identified or aggregated form that does not identify you.

SwipeHealth may also share your personal information: (i) with SwipeHealth’s parent, affiliates, subsidiaries, or successors (collectively the “SwipeHealth Parties”), or with third parties who are under obligations of confidentiality with any of the SwipeHealth Parties, (ii) if a SwipeHealth Party is required by law to do so, (iii) in the event of a transfer of ownership of a SwipeHealth Party, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties: We may employ third parties to perform services or functions on our behalf in order to improve our Sites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving SwipeHealth's services and offerings. In addition, our website uses advertising pixels and tags from Meta, TikTok and Google. They receive information about your visits to our website and, when you sign up or subscribe, a hashed version of your email address. We use them to measure our ads, and they may also be used to show our ads to people who have visited our website. Some state laws treat this as targeted advertising or a sale of personal information. You can block or delete cookies in your browser, and you can opt out of the sale of your personal information and its use for targeted advertising as described in "Your State Privacy Rights" in Section 9. For example, we may work with service provider advertising companies, to serve and track our ads. These third parties may install other cookies. This Privacy Policy applies only to the Sites and the Services and does not address the practices of third parties who may collect your personal information. You may visit other websites, through links on the Sites, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked websites are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others. In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our parent, affiliates or subsidiaries, or agents acting on their behalf. The SwipeHealth Parties may be obligated to cooperate with various law enforcement inquiries. Each SwipeHealth Party reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Sites in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Terms of Use or other rules or policies of our Sites, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which SwipeHealth in its sole discretion deems improper.

11. How We Protect Personal Information

We use various efforts intended to safeguard the security and integrity of personal information collected through our Services. Despite these measures, however, we cannot and do not guarantee that information will be absolutely safe from interception or intrusion during transmission or while stored on our system, or otherwise, and you provide information to us at your own risk.
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If you correspond with us by email, text message or using Web forms like a "contact us" feature available through our Services, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If you create an account as part of using our Services, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account.

If we believe that the security of your personal information in our care has been compromised, we will notify you as required by law. If we have your email address, we may notify you by email to the most recent email address you have provided us in your account profile. Please keep your email address in your account up to date. You can change that e-mail address anytime in your account profile. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your email account using your computer or mobile device and email application software. We may also post a conspicuous notice on our site or notify you through the mobile application. You consent to our use of email, text message and/or notification through the app as a means of such notification. If you prefer for us to use the postal service to notify you in this situation, please let us know by submitting your request to support@swipehealth.ai. You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this email address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your personal information.

12. Links to Websites and Third-Party Content

For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by us. The websites and third-party content to which we link may have separate privacy notices or policies. We are not responsible for the privacy practices of any entity that it does not own or control. We encourage you to review the privacy policies of such third parties before providing them with any personal information. 

13. Information Relating to Children

Our services are intended for general audiences over the age of 18 years old. We do not knowingly collect information from children under the age of 18 years old. If you are not over 18 years old then DO NOT DOWNLOAD OR USE THE SERVICES. If you believe that we may have personal information from or about a child under the age of 18 years old, please contact us at  support@swipehealth.ai (please include your name, mailing address, and email address). If we learn that an account belongs to someone under 18, we will close it and delete its information.

14. Updates to Our Privacy Policy

We may change this Privacy Policy from time to time. When we do, we will update the date at the top of this Privacy Policy. If a change is material, we will also tell you in the app or by email to the address on your account before it takes effect. If a change would let us collect, use or share your consumer health data in a new way or for a new purpose, we will ask for your consent before that change applies to you. Continued use alone is not consent to that kind of change, and if you do not consent, we will keep handling your consumer health data under the terms you last agreed to or stop collecting it.

15. Cookies. Certain features on the Sites and/or the Services utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you've visited. We may use cookies to enhance your experience on our Sites, to determine user traffic patterns and for other purposes. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Sites and/or the Services.
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We also use cookies to improve the performance of our advertising on other websites. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our site used for targeted swipehealth.ai advertising during your visits to other websites.
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SwipeHealth uses Google Analytics to understand how visitors use our website. Google Analytics sets a cookie (named "_ga") in your browser that holds a randomly generated identifier called a Client ID. The Client ID does not contain your name, email address or phone number, but it is a unique identifier for your browser, so some state laws treat it as personal information. When you sign up or subscribe on our website, we may also send Google a hashed (scrambled) version of your email address and an account identifier so that Google can measure conversions from our ads. SwipeHealth uses Google Analytics to track aggregated website behavior, such as what pages you looked at, for how long, etc. This information is important for improving the SwipeHealth user experience and determining SwipeHealth's site effectiveness. If you wish to remove Google Analytics from your site experience, you can install the Google Analytics Opt-Out Browser Add-On.

When you visit or use our website, we and our service providers use cookies, pixels and similar technologies to collect information about how you use it, such as the pages you view, the links and buttons you click, the website you came from, and the time and length of your visit. We use this information to operate, secure and improve the website and to measure our advertising, as described in this Privacy Policy. We do not use session-recording or "session replay" tools on our website, and we do not collect what you type into a form unless you submit it. When you submit a form, we receive the information you entered in it.

We may use trusted third-party service providers to help us collect and analyze this information on our behalf. These providers act under a written agreement and for our business purposes. The advertising pixels described in Section 10 are different: Meta, TikTok and Google also use the information they receive under their own terms.

You can block or delete cookies through your browser settings, as described above.

16. Messaging Opt Out Procedures. You have the option to opt out of receiving information from SwipeHealth, the Sites and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Sites or the Services or receive any form of direct contact from SwipeHealth, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: support@swipehealth.ai.

17. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.

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18. Your Consent. By using the Sites and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as specified herein.

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19. Applicable Law. The headquarters of SwipeHealth is located in the State of Texas, U.S.A. This Privacy Policy and our legal obligations are subject to the laws of Texas and the U.S.A., regardless of the location of any user. Any lawsuit must be brought in the courts described in Section 37 (Choice of Law and Forum) of our Terms and Conditions. This does not limit your right to contact a government regulator, such as your state attorney general.

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We offer the Services only in the United States. Because the Services collect fitness and wellness information, we handle that information in accordance with U.S. state consumer health data laws, including the Washington My Health My Data Act, Nevada SB 370, and the Connecticut consumer health data provisions, as described in our Consumer Health Data Privacy Policy at swipehealth.ai/consumer-health-data-privacy-policy. We are currently below the volume thresholds of the comprehensive state privacy laws (such as the California Consumer Privacy Act), and the EU General Data Protection Regulation does not apply because we do not offer the Services in the European Union. Whichever laws apply, every member can view and delete their personal information in the app, and anyone in the United States may make the requests described under "Your State Privacy Rights" in Section 9, which also explains how we verify requests, how long we take to respond and how to appeal. We do not discriminate against you for exercising these rights.

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20. Anti Spam Policy

SwipeHealth is fully against spam and unsolicited emails and maintains CANSPAM compliance. We do not sell or provide email addresses to any unauthorized parties and do not authorize any parties or affiliate to misuse products or services created by or associated with SwipeHealth in spam or bulk emails. If you feel you have received any unwanted emails from us, please contact us immediately and we will look into the matter.

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SwipeHealth prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (Spam). You may not use any SwipeHealth services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of SwipeHealth.

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In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the SwipeHealth website or service or on behalf of SwipeHealth may not:

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• use or contain false, misleading, invalid or forged headers
• use deceptive or misleading subject lines
• use or contain invalid or non-existent domain names;
• employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
• use other means of deceptive addressing;
• use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
• contain false or misleading information in the subject line or otherwise contain false or misleading content;
• fail to comply with additional technical standards described below;
• otherwise violate our Terms of Use.

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SwipeHealth does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. SwipeHealth does not permit or authorize others to use the SwipeHealth services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. SwipeHealth does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of any SwipeHealth service.

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If SwipeHealth believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. SwipeHealth may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

21. How to Contact Us
You may contact us with questions, comments, or concerns about our services, this Privacy Policy or our privacy practices, or to make any privacy request described in this Privacy Policy, at: 

Swipe Health, Inc.
5900 Balcones Drive #33470
Austin, TX 78731
USA
Email: support@swipehealth.ai

The fastest way to make a privacy request is to email support@swipehealth.ai from the email address on your account. You may also send a request by mail to the address above. Please include the email address on your account so we can verify the request.

Legal notices. To send us a formal legal notice, email support@swipehealth.ai with "Attn: Legal" in the subject line, or mail it to the address above marked "Attn: Legal." A notice to us is effective when we receive it. We send notices to you by email to the address on your account or in the app, as described in this Privacy Policy. Full notice terms are in Section 42 of our Terms and Conditions. You do not need to send a legal notice to make a privacy request.