Privacy Policy

SunnyFit® Privacy Policy     Sunny Health & Fitness Privacy Policy

  

SUNNYFIT® PRIVACY POLICY

 

Last Modified: January 5, 2023

Sunny Distributor, Inc. and its subsidiaries and affiliates, including SunnyFit® (hereafter “Sunny,” “we,” or “us,” “our,” or the “Company”) is committed to protecting the privacy of visitors to its SunnyFit® App. This SunnyFit® Privacy Policy (the “Policy”) explains how and when we collect, use and safeguard the information you provide through the App.

 

1. DEFINITIONS

The following definitions, unless otherwise identified, shall have the same meaning regardless of whether they appear in singular or in plural form:

  • "Account" means a unique account created for You to access our Service or parts of our Service.
  • App” means the SunnyFit® App, whether used or accessed via mobile, desktop or any other electric device or platform.
  • "Business", for CCPA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
  • CCPA” refers to the California Consumer Privacy Act.
  • "Country" refers to the United States.
  • "Consumer", for CCPA, means a natural person who is a California resident. A resident, as defined in the law, includes (i) every individual who is in the USA for other than a temporary or transitory purpose, and (ii) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
  • "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • "Data Controller", for GDPR, refers to the individual or legal entity which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
  • "Data Processor", for GDPR, refers to the individual or legal entity which, alone or jointly with others, actually performs the data processing on the Data Controller's behalf.
  • "Device" means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
  • "DNT” means “Do Not Track” and refers to a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
  • DPA”, for GDPR, means “Data Protection Agency” and refers to independent public authorities that supervise, through investigative and corrective powers, the application of the data protection law.
  • GDPR” refers to the European Union General Data Protection Regulation.
  • NPI” means non-personal information.
  • "Personal Data" is any information that relates to an identified or identifiable individual. (i) For CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you. (ii) For GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
  • PII” means personally identifiable information.
  • "Sale", for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
  • "Service" refers to the App.
  • "Service Provider" means any entity, natural or legal person who processes the data on behalf of the Company. It refers to third party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For GDPR, Service Providers are considered Data Processors.
  • "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

2. PRIVACY POLICY

This Policy supplements and forms a part of our Terms of Use and any conflict between this Policy and the Terms of Use will be determined in favor of the Terms of Use. We encourage you to carefully review this Policy regarding the collection, use and treatment of your information.

By using, accessing, or registering with the App, you consent to our collection, use, processing, and disclosure of information in accordance with this Policy. You acknowledge and agree that we are not responsible for how third-parties, vendors, and service providers collect or use your information. Certain regions or locations have specific information concerning privacy related information. For California residents, please refer to Attachment “A” and for European residents, please see Attachment “B” for additional notices and privacy disclosures applicable to you.

 

3. HOW THIS POLICY APPLIES

This Policy applies to information you provide to us or that we collect automatically when you register, visit, access or use the App and when you interact with the App or with App content or applications that may link to or be accessible from or on the App that are provided or managed by a third party. Unless otherwise covered by another primary policy, this Policy also extends to our forums, social media channels, blogs and similar media platforms. However, this Policy does not apply to information we collect when you visit or use any external website or when you communicate with us through email, text or other such ancillary electronic means. For information regarding how we collect and use information when you visit or use Sunny’s website or communicate with us through email, text, or other electronic means, including web-based pages, please refer to our Website privacy policy. This Policy informs you of the following:

  • Who collects your information;
  • The types of information we collect and the related protocols;
  • How we use collected information;
  • How we share and/or disclose your information;
  • Your rights as to the information you provide to us;
  • How we seek to secure your information;
  • How we comply with various associated rules, regulations and laws; and
  • Where you can get answers to your questions about this Policy.

 

4. COLLECTION OF YOUR INFORMATION

When you visit or use our App, we may collect, process or receive information about you as described in this Policy. The App may include links to other websites or platforms, including third party managed pages. For example, the App may provide a link to a web page providing product information or a third party managed web page concerning health and exercise information and resources. If you navigate to such websites, then those external website privacy policies thereby govern the collection of information while you use, view and/or interact on such sites. We may process and use your information for any other purpose disclosed to you at the time we collect or receive the information, or for any lawful basis or otherwise subject to your consent.

4.1 Third Party Providers. The App, its related components or functions may be provided, developed or hosted by third parties that are not necessarily affiliated with Sunny. These entities may receive, collect and/or process information you provide within the App, including information about your use of the App and your activities over time and across third party applications or websites. These third parties may also collect, use, store, process and/or transmit information in accordance with their applicable privacy policies and business practices, which are not under Sunny’s control. For more information on third party practices, please refer to such third parties’ applicable privacy policies, terms of use, end user license agreements, or similar disclosures, available from such third party’s website or by contacting the third party for more information.

4.2 Links to External Websites. The App may include links to external websites not operated or controlled by Sunny. For example, the App may link to a third party website that allows you to submit your information in order to receive health, exercise or lifestyle related content. Please be aware that Sunny does not have control of and is not responsible for the privacy or security practices of such other sites. We encourage you to look for and review the privacy statements of each website that you visit and be careful as to the information you may submit to any such third party.

4.3 Social Media Networks. Sunny maintains a presence on various third party social media sites. However, Sunny does not control and is not responsible for the collection, tracking, use, or disclosure of your information gathered through social media applications or websites or profiles within other applications, or otherwise as a result of your participation in social media platforms. Third party social networking applications and advertisers on such applications, including on the Sunny pages or profiles within those sites, are not obligated to follow or apply this Policy or the Terms of Use. You should directly contact the applicable social media platform provider and refer to their applicable privacy policies if you have any related questions or concerns as to use of those applications.

3.4 Tracking Technologies. The App may use systematic data collection technologies including cookies (a data file saved by a website onto the user’s device that shares details of the user’s web browsing activities between unrelated sites or services), log files (a data file containing information about usage patterns, activities and operations within an application) and/or web beacons (also commonly referred to as web bug, tracking bug, tag, web tag, page tag, tracking pixel, etc.) which allow third parties to collect information about you and your activities on the App and provide you, or enable others to provide you, with functionality within our App, additional personalization or with “behavioral” advertising. We may use these technologies to collect information about your online activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests, both on the App and on third party applications (including but not limited to search engines and social media applications) as well as through the Sunny website and other electronic communications.

Further, third parties who provide us with tracking functionality components may also use these technologies to collect information about you when you use the App in order to provide you with advertising based on your use of the App and to track performance of embedded advertising. As such, third parties may gain the ability to link or aggregate information collected about you when you use the App with other information collected about you elsewhere on the Internet. Third parties may also collect information about your online or application activities over time and across different websites, applications, and other online services and may use this information to provide you with targeted content or advertising.

3.5 Cross-Device Use. The App may permit you to access services, preferences and content across your computing devices from mobile products to tablets. Rather than residing as a static program on your device, key components of the App may be cloud-based and updated periodically to provide you with the latest improvements and features. In order to provide this experience, we may collect data about you, your device and the way you use our App.

 

5. TYPES OF INFORMATION WE COLLECT

5.1 Information You Provided Directly to Us. You may provide information to us when you use our App, including when you download, register with or log into the App. This information may include, but is not limited to, your PII such as gender, birthday, height, weight, exercise routine data, name, email address, phone number, mailing or billing address, device ID, username and password, registration ID number, financial information, your profile, any medical related information you provide and other information that may identify you. You may also provide NPI such as terms used for searches within the App, responses to questions, workout and exercise routines, schedules, bookmarks, notes, and other information about your activities within and usage of the App. Unless otherwise noted within the App or in this Policy, any information you provide through the App may be processed by, transmitted to, or stored by Sunny and/or its third party providers.

Certain information you provide when you use our App and its components may be stored locally on your mobile device. Although we do not transmit information stored locally on your mobile device through use of our App, please be aware that any information stored on your mobile device may leave your mobile device through automatic backup processes, manual download from your mobile device, and through other means outside of our control. In addition, your activities on your mobile device outside of the App may result in such information being transmitted to or otherwise collected by authorized or unauthorized third parties, including through the other apps you access, the websites you visit, and by parties who may gain unauthorized access to your mobile device or data. Any information stored on your mobile device or transmitted over the Internet or any data network could be accessed or intercepted by unauthorized third-parties. As a result, you acknowledge that Sunny cannot assure that the information you submit through the App or stored locally on your mobile device will remain private. Any data you provide or store locally through the App is at your own risk.

5.2 Information We Gather Automatically. If you download, access, or use the App, we may receive and store certain information about you and your mobile device using systematic or automatic data collection technologies, including but not limited to first as well as third party cookies, cookies, log files, web beacons and other similar technical tools. By way of example, this information may include, without limitation:

  • Geo location of your device;
  • Your mobile device ID and call information;
  • Type of mobile device and operating system you use to access the App;
  • Your IP address;
  • Information associated with your Internet or mobile service provider or your account with your Internet or mobile service provider;
  • Information associated with your “store” accounts or any other account used to download or access the App;
  • Information collected by third party advertisements on App, from third-parties providing services to us and from third-parties with whom we advertise
  • Information about the webpages you visit from our App or before you came to or after you leave our App;
  • The specific Apps you use, content you view and/or download, search terms you enter, features you use, and the date and time of your visits;
  • Technical and usage data;
  • General demographic data; and
  • Visual images (still photographs and/ videos), your likeness and voice recordings.

 

6. HOW WE USE YOUR INFORMATION

We may use and process information we collect or receive about you to:

  • Provide our App, its content and features to you;
  • Complete your requested registrations, transactions, subscriptions and requirements including, for instance, allowing you to register for classes and events;
  • Contact you with requested services or inquiries;
  • Personalize the content and features you see when you visit our App;
  • Enable us, our advertisers and/or social media partners to display or send information to you for marketing and advertising purposes;
  • Improve the content and functionality of our App including, for instance, research and development purposes;
  • Track our users’ demographics, interests and behaviors for marketing purposes;
  • Compile statistics and/or analytics data related to training and performance functionalities provided by the App in order to, aside from other uses, generate, display and share “leaderboard” style rankings;
  • Track the total number of visitors to our App and to each page or feature of the Apps; and
  • For other commercially reasonable purposes, including, without limitation, measuring advertising and promotional effectiveness and assessing which areas to remarket to you after you leave the App.

 

7. HOW WE SHARE OR DISCLOSE YOUR INFORMATION

We generally do not share, sell, trade, or rent your PII to others unless you authorize such or if we are required by any legal authority or governmental regulation to do so. We may share NPI or generic aggregated demographic information, not otherwise linked to any PII regarding visitors and users, with our business partners, trusted affiliates, third party service providers and advertisers. Further, we may share your information with our subsidiaries and corporate affiliates, as well as entities that provide services to us, including companies that provide payment processing, analytics, data processing and IT services including app development and maintenance and other services.

7.1 Disclosure of Information to Third Party Vendors/Service Providers. We may engage third party vendors and service providers to provide services in connection with the App, outsourced technical support for our programs and services and to facilitate our digital presence. Further, some of the content and services on the App, including advertisements, are served by third parties, including advertisers, ad networks and servers, content providers as well as technology and application providers. We may share PII, NPI or other information (including, without limitation, the number of times an advertisement has been serviced, click information, and geographic limitations) with such third parties as necessary so that they may provide the services for which they have been engaged.

7.2 As Required by Law. We may disclose your information to third parties when required to protect and defend our legal rights, protect the safety and security of our users, prevent fraud, comply with the law or respond to legal process or a request for cooperation by a government entity.

7.3 Business Asset Transfer. In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction. In the event that we sell our business or any assets thereto by way of an acquisition or merger or if we become affiliated with any other individual or entity, personal information may be subject to such transaction and transferred pursuant to that transaction.

7.4 With Your Consent. We may share your information with other third parties when you consent to such sharing.

 

8. YOUR RIGHTS

If you have registered with our App, you may, at any time, access, modify or delete your PII by logging into the App using your username and password and visiting your account profile page. You may also send us an email at admin@sunnyhealthfitness.com to request correction or deletion of any PII that you have provided to us or request to opt-out of various services. Further, various ancillary services such as email and text applications (message and data rates apply) may allow you to opt-out directly and/or activate “do not track” features. 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 withdraw a registration or cancel a subscription, we may nonetheless retain your PII in our records and we may continue to use and disclose that data in a manner consistent with this Policy, unless you request deletion of it.

 

9. INFORMATION SECURITY

We use a variety of security measures to ensure that your information is treated securely and in accordance with this Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the information) designed to protect against unauthorized use, disclosure or access of PII. However, due to the dynamic nature of transmission and storage of electronic information, no company can guarantee the security of your information. As such, we cannot ensure or warrant the security of any information you provide to us.

By using the App, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the App or sending an email to you. We do not accept liability resulting from any unintentional disclosure.

 

10. CHILDREN’S INFORMATION

Our App is not intended for children under 13 years of age and we do not knowingly collect PII from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed PII to us, please contact us at admin@sunnyhealthfitness.com. If we become aware that a child has provided us with personal data, we will delete such information from our files. A parent or guardian of a child under age 13 may also review and request deletion of the child’s personal information.

 

11. CHANGES TO THIS POLICY

We reserve the right to update or modify this Policy or the App at any time without advance notice. Any revisions to this Policy will be effective upon posting. As such, you should review this Policy periodically to ensure you are aware of any changes. If you object to any changes to this Policy, you must cease using the App. Your continued use of our Apps after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.

 

12. CONTACT US

Please contact us at admin@sunnyhealthfitness.com if you have any questions or concerns relating to this Policy or our privacy practices.

[Attachments “A” and “B” Follow]

 

ATTACHMENT “A”

California Consumer Privacy Act

The CCPA requires us to provide the following information related to our privacy practices for visitors, users, and others who reside in the State of California.

 

1. YOUR RIGHTS UNDER THE CCPA

The CCPA provides California residents with specific rights regarding their personal information. If you are a resident of California, you have the following rights:

  • The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
  • The right to request. Under CCPA, you have the right to request that we disclose information to you about Our collection, use, sale, disclosure for business purposes and share of personal information. Once we receive and confirm your request, we will disclose to you:
    • The categories of personal information we collected about you
    • The categories of sources for the personal information we collected about you
    • Our business or commercial purpose for collecting or selling that personal information
    • The categories of third parties with whom we share that personal information
    • The specific pieces of personal information we collected about you
    • If we sold your personal information or disclosed your personal information for a business purpose, we will disclose to you:
      • The categories of personal information categories sold
      • The categories of personal information categories disclosed
  • The right to say no to the sale of Personal Data (opt-out). You have the right to direct us to not sell your personal information. To submit an opt-out request please contact us.
  • The right to delete Personal Data. You have the right to request the deletion of your Personal Data, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct Our Service Providers to delete) your personal information from our records, unless an exception applies. we may deny your deletion request if retaining the information is necessary for us or Our Service Providers to:
    • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • Comply with the California Electronic Communications Privacy Act (California Penal Code §1546 et. seq.).
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • Comply with a legal obligation.
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer's rights, including by:
    • Denying goods or services to you.
    • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties.
    • Providing a different level or quality of goods or services to you.
    • Suggesting that you receive a different price or rate for goods or services or a different level or quality of goods or services.

 

2. EXERCISING YOUR RIGHTS UNDER THE CCPA

In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact us:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information.

Your request to us must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it

We cannot respond to your request or provide you with the required information if we cannot:

  • Verify your identity or authority to make the request
  • And confirm that the personal information relates to you
  • We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures we provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

 

3. CATEGORIES OF PERSONAL INFORMATION COLLECTED

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.

  • Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.

Collected: Yes.

  • Category B: Personal information categories listed in the California Customer Records statute (California Civil Code §1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: Yes.

  • Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: Yes.

  • Category D: Commercial information.

Examples: Records and history of products or services purchased or considered.

Collected: Yes.

  • Category E: Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected: Yes.

  • Category F: Internet or other similar network activity.

Examples: Interaction with our Service or advertisement.

Collected: Yes.

  • Category G: Geolocation data.

Examples: Approximate physical location.

Collected: Yes.

  • Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected: Yes.

  • Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected: No.

  • Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected: No.

  • Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected: Yes.

Under CCPA, personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA's scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

 

5. SOURCES OF PERSONAL INFORMATION

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from the contact or registration information you provide, forms you complete on our Service, preferences you express or provide through our Service, or from your purchases on our Service.
  • Indirectly from you. For example, from monitoring your activity on our Service.
  • Automatically from you. For example, through cookies we or our Service Providers set on your Device as you navigate through our Service.
  • From Service Providers. For example, third party vendors to monitor and analyze the use of our Service, third party vendors for payment processing, or other third party vendors that we use to provide the Service to you.

 

6. USES OF PERSONAL INFORMATION FOR BUSINESS OR COMMERCIAL PURPOSES

We may use or disclose personal information we collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

  • To operate our Service and provide you with our Service.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our Service.
  • To fulfill or meet the reason you provided the information. For example, if you share your contact information to ask a question about our Service, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • For internal administrative and auditing purposes.
  • To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive.

 

7. DISCLOSURE OF PERSONAL INFORMATION FOR BUSINESS OR COMMERCIAL PURPOSES

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

  • Category A: Identifiers
  • Category B: Personal information categories listed in the California Customer Records statute (California Civil Code §1798.80(e))
  • Category C: Protected classification characteristics under California or federal law
  • Category D: Commercial information
  • Category E: Biometric information
  • Category F: Internet or other similar network activity
  • Category G: Geolocation data
  • Category H: Sensory data
  • Category K: Inferences drawn from other personal information

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When we disclose personal information for a business purpose or a commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

 

8. SALE OF PERSONAL INFORMATION

As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that we may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold in the last twelve (12) months the following categories of personal information:

  • Category A: Identifiers
  • Category B: Personal information categories listed in the California Customer Records statute (California Civil Code § 1798.80(e))
  • Category C: Protected classification characteristics under California or federal law
  • Category D: Commercial information
  • Category E: Biometric information
  • Category F: Internet or other similar network activity
  • Category G: Geolocation data
  • Category H: Sensory data
  • Category K: Inferences drawn from other personal information

 

9. DO NOT SELL MY PERSONAL INFORMATION

You have the right to opt-out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us.

The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.

9.1 Website. You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.

9.2 Mobile Devices. Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

  • "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices.
  • "Limit Ad Tracking" on iOS devices.

You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.

 

10. SHARING OF PERSONAL INFORMATION

We may share your personal information identified in the above categories with the following categories of third parties:

  • Service Providers
  • Payment processors
  • Our affiliates
  • Our business partners
  • Third party vendors to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you

 

11. SALE OF PERSONAL INFORMATION OF MINORS UNDER 16 YEARS OF AGE

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of Consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting Us.

If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.

 

12. "DO NOT TRACK" POLICY AS REQUIRED BY CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA)

Our Service does not respond to DNT signals.

However, some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.

 

13. YOUR CALIFORNIA PRIVACY RIGHTS (CALIFORNIA’S SHINE THE LIGHT LAW)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if you are a California resident, you can contact Us using the contact information provided below.

 

14. CALIFORNIA PRIVACY RIGHTS FOR MINOR USERS (CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 22581)

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, you can contact us and include the email address associated with your account.

Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

 

15. CCPA ACCESS AND DELETION REQUEST FORM

The CCPA provides consumers (California residents) with specific rights regarding their personal information. You have the right to request that the Company disclose certain information to you about our collection and use of your personal information over the past 12 months and the right to request that we delete personal information collected about you.

If you would like to submit a request pertaining to your data, please complete the form found here: https://sunnyhealthfitness.com/pages/ccpa-access-deletion-request-form

[End – Attachment “A”] 

 

ATTACHMENT “B”

General Data Protection Regulation

The GDPR requires us to provide the following information related to our privacy practices as to individuals located in the European Union.

 

1. CONDITIONS FOR PROCESSING PERSONAL DATA UNDER GDPR

We may process Personal Data under the following conditions:

  • Consent: you have given your consent for processing Personal Data for one or more specific purposes.
  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Data is required for compliance with a legal obligation to which the Company is subject.
  • Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
  • Legitimate interests: Processing Personal Data is required for the purposes of the legitimate interests pursued by the Company.

 

2. YOUR RIGHTS UNDER THE GDPR

The Company respects the confidentiality of your Personal Data and your ability to exercise your rights. As such, you have the right to:

  • Request access to your Personal Data. The right to access, update or delete the information we collect on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
  • Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
  • Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
  • Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when no reason exists for us to continue processing it.
  • Request the transfer of your Personal Data. We will provide you, or to a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where We used the information to perform a contract with you.
  • Withdraw your consent. You have the right to withdraw your consent; provided, however, that in such case, we may not be able to provide you with access to certain specific functionalities of the Service.

 

3. EXERCISING OF YOUR GDPR DATA PROTECTION RIGHTS

You may exercise your rights of access, rectification, cancellation and opposition by contacting us directly. Note that we may ask you to verify your identity before responding to such requests. If you make a request, we aim to respond to you as quickly as possible.

You may choose not to provide the App with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.

You have the right to complain to a DPA about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

 

4. USE OF YOUR PERSONAL DATA

4.1 The Company may use Personal Data for the following purposes
  • To provide our Service: To properly maintain and provide our Service, including, for instance, monitoring the usage of our Service.
  • To manage your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
  • For the performance of a contract: To facilitate the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Service.
  • To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide information: To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
  • To manage your requests: To attend and manage your requests to us.
  • For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Service users is among the assets transferred.
  • For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

 

4.2 We may share your personal information in the following situations:
  • With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing and/or to contact you.
  • For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • With business partners: We may share your information with our business partners to offer you certain products, services or promotions.
  • With other users: When you share personal information or otherwise interact in public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With your consent: We may disclose your personal information for any other purpose with your consent.

 

5. RETENTION OF YOUR PERSONAL DATA

The Company will retain your Personal Data no longer than necessary for the purposes set out in this Policy. We will retain and use your Personal Data to the extent necessary to comply with legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

 

6. TRANSFER OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. Your consent to this Policy followed by your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

 

7. DISCLOSURE OF YOUR PERSONAL DATA

7.1 Business Transactions. If the Company is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different privacy policy.

7.2 Law enforcement. Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

7.3 Other legal requirements. The Company may disclose your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of users of the Service or the public
  • Protect against legal liability

 

8. PROCESSING OF YOUR PERSONAL DATA

The Service Providers we use may have access to your Personal Data. These third party vendors collect, store, use, process and transfer information about your activity on our App in accordance with their privacy policies.

8.1 Analytics. We may use third party providers to monitor and analyze the use of our Service.

8.2 Marketing. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any applicable communication or by contacting us.

8.3 Payments. We may provide paid products and/or services within the App. In that case, we may use third party services for payment processing (e.g., payment processors). We will not store or collect your payment card details. That information is provided directly to our third party payment processors whose use of your personal information is governed by their privacy policy.

[End – Attachment “B”]

 

 


  

SUNNY HEALTH & FITNESS PRIVACY POLICY

 

Last Modified: October 22, 2021

This privacy policy describes the treatment of information provided or collected on the sites where this privacy policy is posted by Sunny Distributor, Inc. d/b/a/ Sunny Health & Fitness (“SH&F”) and its affiliated brand owned companies or licensed relationships. It also explains the treatment of information provided or collected on applications we make available on third-party sites or platforms if disclosed to you in connection with use thereof.

 

1. Security

We take every reasonable precaution to protect your information because the security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect information from unauthorized access, disclosure, use and modification. We review our security procedures to consider appropriate new technology and methods. However, no technology security measure is full proof or impenetrable and, as such, we cannot guarantee that such security measures will protect against the loss or misuse of your information. In addition, we do not guarantee the privacy of any information that you may transmit over the Internet or otherwise. We will retain your personal information for the length of time needed to fulfill the intended purpose unless a longer retention period is required or permitted by law.

 

2. Types of Information We Collect

We may collect the following (but not exclusive) categories and types of information from your use of our website or as result of your access to our website:

  • Registration information you provide when you create an account, including your name, address, telephone number, gender, date of birth, email address, username and password or such related or similar information.
  • Transactional information you provide when you request information or purchase a product or service from us, including, for instance, credit card information, purchase history or Paypal (or similar third party processor) account email address, whether on our sites or through our associated applications, including your postal address, telephone number and other payment information.
  • Any information that can be used to distinguish or trace you and/or your identity, either alone or when combined with other personal or identifying information that is linked or linkable to you.
  • Information you provide to us in response to a product purchase, survey, review, application and/or contest entry.
  • Information you provide in public forums on our sites and/or applications.
  • Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality, where we are permitted by law to collect this information.
  • Information you provide to us when you use our sites and applications, our applications on third-party sites or platforms such as social networking sites, or link your profile on a third-party site or platform with your registration account.
  • Location information when you visit our sites or use our applications, including location information either provided by a mobile device interacting with one of our sites and/or applications, or associated with your IP address, where we are permitted by law to process this information.
  • Usage, viewing and technical data, including, for instance, the URL of the site from which you came and the site to which you are going when you leave the website, your device identifier or IP address, as well as information about the operating system of your device and name of your Internet service provider, when you visit our sites, use our applications on third-party sites or platforms or open emails we send.

 

3. Information Provided to Shopify

In addition to the information we may collect, Shopify, Inc. (“Shopify”), provides us with the online e-commerce platform that allows us to sell our products and services to you. Please refer to Shopify’s Privacy Statement here for more information: Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).

 

4. How We Collect Information

We collect information you provide to us when you request products, services or request information from us, register with us, participate in public forums or other activities on our sites and applications, respond to customer surveys, or otherwise interact with us using one or more devices.  Please keep in mind that when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform.  The information we collect is covered by this privacy policy and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices.  As such, privacy choices you have made on the third-party site or platform will not apply to information we have collected directly through our applications.  However, you may control the types of personal data available in the public profile of such third-party services by adjusting the privacy settings available therein.

We collect information through technology, such as cookies, Flash cookies and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms using one or more devices.  Cookies are text files that are saved on the hard drive of your device by means of your browser, enabling us to recognize your browser for purposes such as saving your preferences and directing relevant content to you.  Most of the currently available browsers give you the option of managing cookies by, for example, disabling them entirely, accepting them individually, and deleting saved cookies from your hard drive.  Disabling of cookies, however, on your browser may result in limited use of features on our website.

Google Analytics is also a third-party platform that we use in order to collect and store data such as time of visit, pages visited, time spent on each page of the website, the Internet Protocol address, and the type of operating system used in the devices used to access the website.  We may acquire information from other trusted sources to update or supplement the information you provided or we collected automatically.

Further, the email address you provide will be used to track, collect and/or send information and updates.  It may also be used to respond to inquiries, promotions, company announcements or events, product information and services, and/or other requests or questions.  If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.  However, you may, at any time, unsubscribe from receiving future emails as we include detailed unsubscribe instructions at the bottom of each email or you may contact us via our websites.  We currently do not respond to Do Not Track signals.

 

5. SMS

By subscribing to SH&F text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via an automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.

 

6. Sharing of Information with Affiliates and Third-Parties

We do not generally share, sell, trade, or rent your personal identification information to others unless you authorize such or if we are required by any legal authority or governmental regulation to so.  We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers.  Further, we may share your personal information with our direct subsidiary and affiliated companies and brands for marketing and analytic purposes.  Such information may also be stored or transferred between such entities.

We may also use third-party service providers to help us operate our business and the website or administrative activities on our behalf, such as processing orders, sending out emails, newsletters or surveys, analyzing customer lists and data, providing marketing assistance, or consulting services.  These third parties will have access to the information needed to perform their functions but cannot use that information for any other purpose.  Also, in certain limited instances, we may share your personal information with third-parties in connection with the sale of a business or specific assets relating thereto, to enforce our terms of use, to ensure the safety and security of our customers and/or third-parties, to protect our rights and property and the rights and property of customers and third-parties, to comply with legal process or in other cases if we believe in good faith that disclosure is required by law.

 

7. Business Asset Transfer

In the event that we sell our business or any assets thereto by way of an acquisition or merger or if we become affiliated with any other individual or entity, any customer information owned or under the control of SH&F may be one of the transferred assets. As such, your personal information may be subject to such transaction.

 

8. Link to Third-Party Sites

You may find advertising or other content on our site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third-parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our website, is subject to that website’s own terms and policies.

 

9. Types of Information We Collect

Our website is not directed to children and we do not knowingly collect personal data from children. If a parent or legal guardian becomes aware that his or her child has provided us with personal data without their consent, he or she should immediately contact us. Email us: admin@sunnyhealthfitness.com. If we become aware that a child has provided us with personal data, we will delete such information from our files.

 

10. Updates

We may update this privacy policy at any time. When we do, we will revise the updated date of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications and your continued use of the site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

11. California Resident Privacy Notice

You may have certain additional privacy related rights or if you are a California resident.

California Civil Code §1798.83 permits you to request information regarding the disclosure of your personal information by SH&F to third-parties for the third-parties’ direct marketing purposes.

SH&F may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

In the preceding twelve (12) months, SH&F has not disclosed personal information for a business purpose.

In the preceding twelve (12) months, SH&F has not sold personal information.

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

You have the right to request that SH&F disclose certain information to you about our collection and use of your personal information over the past 12 months.

Access: You may request access to the personal information that we have collected about you with information regarding business or commercial purpose and the categories of third parties with whom we shared that information over the past twelve (12) months.

Deletion: You have the right to request that we delete personal information collected about you.

Minors: We do not sell personal information of California residents that are we are aware are less than 16 years of age.

Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you good or services.
  • Charge you different prices or rate for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

You can contact us by writing or by email. Email us: admin@sunnyhealthfitness.com. You must include “California Privacy Rights Request” in the first line of the request and include your name, street address, city, state, and ZIP code:

Sunny Health & Fitness
Attention: CA Privacy Rights Requested Information
218 Turnbull Canyon Rd
City Of Industry, California 91745

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code §22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information. Email us: admin@sunnyhealthfitness.com. However, such a request does not ensure comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

 

12. Questions or Comments

If you feel that we are not abiding by this privacy policy or have any questions as to these policies, please contact us via email. Email us: admin@sunnyhealthfitness.com.