FIGHTCAMP PRIVACY POLICY

Last Updated on September 19, 2024

Welcome to FightCamp by Hykso! At Hykso, Inc. dba FightCamp (“FightCamp”, we”, “our”,  or “us”) the privacy and security of your personal information is important to us. Accordingly, we pledge to respect your privacy, be transparent about our data practices, keep your data safe, and let you decide how your information is shared.

APPLICABILITY OF THIS PRIVACY POLICY

This Privacy Policy ("Privacy Policy") applies to the Site, App, and FightCamp Service (including Hykso Devices) operated by us and explains how we collect, use, share and otherwise process personal information (as defined by data privacy law). All capitalized terms not herein defined will have the meaning set forth in our Terms. This Privacy Policy applies to any Member, User or visitor to or of our Site, App or the FightCamp Service. By accessing and using our Site, App, or FightCamp Service you freely and expressly consent to the collection, use, processing, storage, and disclosure of your personal information as set out in this Privacy Policy.

You acknowledge that your use of the Site, App, or FightCamp Service indicates to us that you have read this Privacy Policy and consent to the privacy practices described, and your continued use of the Site, App, or FightCamp Service after we publish or send a notice about any changes to this Privacy Policy indicates that you have read and consent to the updated Privacy Policy.

If you have any questions at all about this Privacy Policy, please do not hesitate to contact us at privacy@joinfightcamp.com.

WHAT IS COVERED IN THIS PRIVACY POLICY

• What Information We Collect
• How We Use the Information We Collect
• How We Disclose Your Personal Information
• How We Use Tracking Technologies, such as Cookies, Web Beacons and Tracking Pixels
• Your Rights Regarding Personal Information
• How We Secure Your Personal Information
• Our Retention of Your Personal Information
• Signing-In or Linking Your FightCamp Account through a Third-Party Service
• Links to Third-Party Websites
• Children Under 16
• US State-Specific Notice
• UK/EEA Residents’ Notice
• Updates to this Privacy Policy
• Contact Us

WHAT INFORMATION WE COLLECT

We collect, store, and use the following categories of information, which includes Personal Information:

Information you give us:

• Your name, username, email address, date of birth, postal address, zip code, country, telephone number, and any other information you share when you create an account on our Site or App or otherwise access the FightCamp Service.
• Other Personal Information you voluntarily submit, which may include your gender, height, weight, your profile picture, etc.
• Any information you share when you contact us, for example, to inquire about us and the FightCamp Service or for customer support.
• Your email address when you sign up for our newsletter.
• Information when you use our interactive chatbot, which may include providing your contact information.
• Payment and shipping information such as credit/debit card numbers and your shipping address.

Information we get from your use of the Site, App, or FightCamp Service:

• Details of how you use the Site, App, or FightCamp Service.

• When you sync your Hykso Devices through an App or the FightCamp Service, data and information recorded on your Hykso Devices about your activity is transferred from your Hykso Devices to our servers. Each time a sync occurs, we log data about the transmission; some examples of this log data includes the sync time and date, device battery level, and the IP address used when syncing.

• As part of your workout using the FightCamp Service, you may connect a heart rate monitor. If you connect your heart rate monitor, you consent to provide us with your heart rate information.
• Metadata and analytics such as your internet protocol address (i.e., IP address) and, if you access the Site or FightCamp Service from a mobile device, your unique mobile device ID number and non-email authentication.
• Browser and device information and other information collected through Tracking Technologies (defined below), such as cookies, pixel tags, and other technologies - even if you do not have a FightCamp Service account.
• When using the FightCamp Service, your mobile device or Hykso Devices will send us data about your location based on your phone settings and the Hykso Devices, such as GPS signals, device sensors, or wi-fi access points. We will ask you to opt-in before we use GPS or other tools to identify your precise location. We only collect location data when you are interacting with the FightCamp Service or our products or services.

Information from Third Parties:

• When you interact with our accounts on our community forums or through our brand or community forums on a social media platform, we may collect certain information that you or the platform make available to us such as Website metadata analytics (above), your social media account ID, your social media ‘likes’, click-throughs to our Website, or custom interactions.
• If you connect a third party heart rate monitor to the App or FightCamp Service, we will receive your heart rate information from that third party device. FightCamp is not liable for the practices of such third party heart rate monitors, your use of third party monitors is governed by the third party’s terms and privacy policy.

HOW WE USE YOUR INFORMATION

We use the information we collect for a variety of purposes, including to improve the Site, App and FightCamp Service, optimize our technology, refine and customize our offerings and user experience, experience of our Members, and innovate ways to forward our mission.

In particular, we use the information we collect to:

• To accomplish our mission, which is to empower FightCamp Members to train smarter and reach new heights in their personal fitness performance.
• Administer the Site and App and provide the FightCamp Service, enable you to use its features and the Hykso Devices, and improve the Site, App, FightCamp Service, and the overall user experience.

• Data and information from Hykso Devices is stored and used to provide the Hykso Service and is associated with your account.

• Communicate with you through email, text, SMS, message via social media platforms, telephone, or any other medium for which we have contact information so that we can provide you with information and updates about us, our work, and our community, and to make it easier for you to share such information about us with your social networks.

• If you contact us when you are already logged in to your FightCamp account, the web or in-app form automatically prefills your name and email address, so you do not have to type it in manually.
• You can also contact Hykso or the FightCamp team on public forums such as X (f/k/a ‘Twitter’) or Facebook; however, we cannot maintain the privacy of your communication to us if you contact us through these channels.

• Send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
• Respond to comments and questions and provide technical support and customer support.
• Analyze how Users use the Site, App and FightCamp Service using tools like Google Analytics and other tools to help us understand traffic patterns and know if there are problems with the Site, App or FightCamp Service.
• Create targeted advertising to promote the Site, App or FightCamp Service and engage our community of Members and Users. See ‘cookies and tracking technologies’ below for more information.
• Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
• Link or combine user information with other Personal Information, such as using height, weight, gender and age to provide curated information to you about your body and performance.
• Compare information for accuracy, update our records, and verify it with third parties.
• For other business and legal purposes, such as to detect and prevent fraud, to collect amounts owing to us, and to maintain business records.
• Otherwise, with your consent.

HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your information with your consent. To help us do our work, we may disclose your Personal Information to the following third parties:

• Leaderboard: We may display your workout statistics in our Leaderboard that is accessible by FightCamp Account holders. This includes your username, profile photo, and your workout metrics including your output, punches, heart rate, average max speed, duration of your workout, and total calories burned.
• Third Party Apps that you link to your FightCamp Account. We enable you to connect your FightCamp Account with third party applications such as the Apple® Health app. If you choose to connect your FightCamp Account, we may share certain personal information with the paired application depending on what information you choose to share with such third party apps or have otherwise been notified will be shared during the pairing process. The information may include information generated through your use of the App, FightCamp Service, and other contact and profile information. The processing of your personal information by such third party applications shall be governed by the privacy policies of those third parties.
• Collaborating Organizations: Sometimes we collaborate closely with other groups to further our mission. In these cases, we may share your name, contact information and other details you provided when making an account with our partners.
• Affiliates: We may share our subscriber list, which include Members' names, email addresses, postal addresses, phone numbers, social media IDs, comments, and action history, with our affiliates or subsidiaries.
• Vendors: We work with a wide range of third party providers, notably our database administrators, cloud computing services, advertising services, data analysts, application service providers, bulk SMS services, and other non-governmental organizations. We do not authorize them to use or disclose your Personal Information except in connection with providing their services to Hykso.
• Payment processors: We do not view or store credit card information. We work with payment processors such as Stripe to help process credit card transactions and other payment methods made through the Site or FightCamp Service. These payment processors will store certain information about you. Please refer to their privacy policies to learn more about how they use your Personal Information. We do store your shipping address, so we can process your order for the Hykso Devices or other products through our fulfillment partner. If you are signed into your FightCamp account when you purchase a product or service on our Site or through the App, we will associate that order with your FightCamp account.
• Our chatbot provider: This may include disclosure of the communications with our service provider, Drift. The contents of the communications will not be used for any purpose other than to support us, but are also subject to Drift’s applicable Terms of Service (located at https://www.drift.com/terms-of-service/) and privacy policy (located at https://www.drift.com/privacy-policy/).
• Marketing and advertising partners: We use personal information to market and advertise FightCamp. See ‘How We Use Tracking Technologies, such as Cookies, Web Beacons and Tracking Pixels’ below for more information.

We may also transfer your Personal Information to a third party as a result of a merger, acquisition, reorganization or similar transaction; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of the Site, App or FightCamp Service; and to protect the rights or property of Hykso. In such event, and to the extent legally permitted, we will notify you and, if there are material changes in relation to the processing of your Personal Information, give you an opportunity to consent to such changes.

We may disclose de-identified, aggregate, or anonymous information for any purpose. This means that the information we disclose does not identify specific individuals, nor is combined with other data to protect your privacy.

HOW WE USE TRACKING TECHNOLOGIES, SUCH AS COOKIES, WEB BEACONS AND TRACKING PIXELS

We, or third parties we do business with, may use certain technologies to automatically collect log files and other information about your usage of, and the devices you use to access, the Site, App and the FightCamp Service ("Tracking Technologies"). For example, we may use Tracking Technologies like cookies, log files, web beacons, session replay scripts, or similar technologies to help us analyze our web page and in-application user flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety.

We want to be open about our cookie use. Even if you are only browsing the Site, certain information (including computer and connection information, browser type and version, operating system and platform details, and the time of accessing the Site) is automatically collected about you through cookies. This information will be collected every time you access the Site or FightCamp Service and it will be used for the purposes outlined in this Privacy Policy.

There are a number of ways to opt out of having your online activity and device data collected through these services, which we summarize below:

• Opting out of Tracking Technologies use in our Cookie Preferences. You can opt out of cookies via our cookie preferences center or by clicking on the ‘Your Privacy Choices’ link on our website footer.
• Blocking Cookies In Your Browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Advertising Industry Opt-Out Tools. You can also use these opt-out options to limit use of your information for interest-based advertising online or in apps by visiting http://optout.aboutads.info for U.S. residents, and https://www.youronlinechoices.eu/ for EU/UK residents.
• With Each of Our Vendors Individually. The following advertising or marketing services partners offer opt-out features that let you opt-out of use of your information for interest-based advertising or profiling:

YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

You have certain rights with respect to the use of Personal Information on our Site, in the App and within the FightCamp Service:

• Access the personal information we maintain about you. You may access your Personal Information we have about you by logging into your account and navigating to your account page or by emailing us at privacy@joinfightcamp.com. For your protection, we may only share and update the Personal Information associated with the specific email address that you use to send us your request, and we may need to verify your identity before doing so. We will try to comply with such requests in a reasonably timely manner.
• Delete the personal information we maintain about you. You may delete the Personal Information we have about you by logging into your account and navigating to your account page or by emailing us at privacy@joinfightcamp.com. If you completely delete all of your Personal Information, then your account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
• Correct inaccurate personal information we maintain about you. You may correct the Personal Information we have about you by logging into your account and navigating to your account page or by emailing us at privacy@joinfightcamp.com.
• Opt out of certain uses of your personal information. Notably:

• Push notifications. If you opt-in on your device, FightCamp may occasionally send you push notifications through our App with updates, achievements, and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device.
• Email marketing. If at any time you would like to unsubscribe from our email list, you may do so by unsubscribing via the "Unsubscribe" link in any email related to the FightCamp Service or from Hykso. You can also contact us at privacy@joinfightcamp.com to opt out. Please note, we may continue to send you service-related or transactional communications, including transaction receipts and notices of any updates to our Terms or Privacy Policy.
• SMS marketing. You can opt out at any time by replying STOP.
• Tailored advertising. Please refer to the ‘How We Use Tracking Technologies, such as Cookies, Web Beacons and Tracking Pixels’ section below to learn how to opt out of tailored ads.

You can exercise these rights by contacting us at privacy@joinfightcamp.com or via the ‘Your Privacy Choices’ webform.   

HOW WE SECURE YOUR PERSONAL INFORMATION

We take reasonable steps to protect your Personal Information against unauthorized access, alteration, disclosure, misuse, or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. The safety and security of your Personal Information also depends on you. If you are a Member, you are solely responsible for keeping your membership details confidential, including any access credentials like passwords or mobile device PINs. If you have a security-related concern, please contact Customer Support.

OUR RETENTION OF YOUR INFORMATION

We will retain your information for as long as your FightCamp Account or inquiry is active or as needed to provide you with the the Site, App, FightCamp Service, or any requested services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

SIGNING-IN OR LINKING YOUR FIGHTCAMP ACCOUNT THROUGH THIRD PARTY SERVICE

You may create your FightCamp Account using different credential such as a Facebook or Google account. We will ask permission to access basic information from that third-party service account, such as your name, profile picture, and friend list. You may stop sharing that information with us at any time by removing or revoking Hykso's access to that account through the FightCamp Service. We will also access your phone's contact list for the purpose of letting you identify contacts who are FightCamp Members. We do not store your phone's contact list and it is deleted immediately after it is used for this purpose.

LINKS TO THIRD-PARTY WEBSITES OR SERVICES

We may provide links to other websites or services. We have no control over these websites and services and they are subject to their own terms of use and privacy policies. As such, we do not endorse and are not responsible for the availability of, or for any content, advertising, products, or other materials on or available from, these third-party websites or services.

By accessing the Site or App and using the FightCamp Service, you agree that we will not be liable for any damage or loss caused by your use of or reliance on any content, advertising, products, or other materials on or available from these third-party websites.

CHILDREN UNDER 16

The FightCamp Service are not directed to individuals who are under age of 16 and we do not solicit nor knowingly collect Personal Information from children under the age of 16. If you believe that we have unknowingly collected any Personal Information from someone under the age of 16, please contact us immediately at privacy@joinfightcamp.com and the information will be deleted.

US STATE-SPECIFIC NOTICE

Some U.S. states have enacted comprehensive privacy laws. The California Consumer Privacy Act, as amended by the California Privacy Rights Act or “CPRA” (collectively, the “CCPA”),the Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), Utah Consumer Privacy Act (“UCPA”), Oregon Consumer Privacy Act (“OCPA”), Texas Data Privacy and Security Act (“TXDPSA”), and the Montana Consumer Data Privacy Act (“MTCDPA”) create additional privacy obligations for businesses and provide their residents with additional privacy rights.

Additional Privacy Rights:

In addition to the rights granted above, if you are a California or Virginia resident, you have the right to:

• Opt out of the “sale” or “share” of your personal information for targeted advertising. Some third party cookies placed on our website may be considered a ‘sale’ or ‘share’ under privacy laws. You may opt out of such cookies as detailed in ‘How We Use Tracking Technologies, such as Cookies, Web Beacons and Tracking Pixels’ section (above).
• Sensitive personal information. Californians and Utahns have the right to limit the use of their sensitive personal information. Residents of Virginia, Colorado, Connecticut, Oregon, Texas, and Montanna have the right to opt in to the use of their sensitive personal information. We do not require you to provide sensitive personal information. You may choose to provide us with your heart rate information, gender, weight, and date of birth. You can delete this information at any time by logging into your account and navigating to your account page or by emailing us at privacy@joinfightcamp.com. Additionally, we may collect your precise location from your phone. We will ask you to opt-in before we use GPS or other tools to identify your precise location. You can opt out of sharing your precise location with us through your phone’s settings.

You can exercise these rights by contacting us at privacy@joinfightcamp.com or via the ‘Your Privacy Choices’ webform.  

Appeal:

If we deny your privacy request, you may appeal that decision by emailing us at privacy@joinfightcamp.com. If you are still unsatisfied with our response, you have the right to file a complaint with your state attorney general.

Service Provider/Procesor Designation:

We operate as a Controller (and a Business under CCPA). 

UK/EEA RESIDENTS’ NOTICE

Residents of the United Kingdom (“UK”) and European Economic Area (“EEA”) are provided certain privacy rights under the UK and EU General Data Protection Regulations (“GDPR”).

Legal Basis:

Under the GDPR, we process ‘Personal Data’ (as defined in the GDPR) under the following legal basis.

Controller Designation:

Under the GDPR, we are designated as a ‘Controller.’

Cross-Border Data Transfers:

Hykso is based in the United States. The FightCamp Service (including the Site and App) are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be collected, transferred to, stored and otherwise processed in any country where we have facilities or in which we engage service providers, and by using the FightCamp Service you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

We will ensure that transfers of Personal Information are provided an adequate level of protection as required by law, such as by entering into appropriate contractual arrangements. We rely on Standard Contractual Clauses (“SCCs”) for the transfer of personal data to countries that have not received an applicable adequacy decision, as well as the UK’s ‘International Data Transfer Addendum’ to the SCCs.

For more information on cross-border transfers of your Personal Data or the appropriate safeguards in place, please contact us at privacy@joinfightcamp.com.    

Data Protection Officer:

We have appointed a Data Privacy Director to oversee compliance with this Privacy Notice. If you have any questions about this Privacy Notice or how we handle your Personal Data, or would like to request access to your Personal Data, please contact our Data Protection Officer at DPO@joinfightcamp.com.  

Additional Rights for UK or European Economic Area Residents:

In addition to the rights granted above, if you are a UK or EEA resident, the GDPR grants you the right to lodge a complaint against us with your local data protection authority. You can find your data protection authority at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

UPDATES TO THIS PRIVACY POLICY

We're always looking for new and innovative ways to help you achieve your fitness goals, which may cause us to update this Privacy Policy from time to time to reflect changes in our privacy practices. If we do, we may notify you of any changes by posting notice on our Site or App or by sending notice to the primary email address specified in your account. Changes that materially affect your rights or our obligations will go into effect 30 days following such notification, at which point we will update the "Last Updated" date at the top of the page. Non-material changes or clarifications will take effect immediately. We encourage you to periodically check the Site or App and this page for updates.

CONTACT US

If you have any questions about this Policy, your Personal Information, or the FightCamp Service, you can contact us at privacy@joinfightcamp.com or at the below address:

Hykso Inc.

c/o Data Protection Officer
936 W 17th St.
Costa Mesa, California 92627

Please contact us if you have any complaints or concerns with respect to your privacy. If you believe we are unable to assist you, you have the right to lodge a complaint with a supervisory authority in the relevant jurisdiction. However, we are committed to working with you to resolve any complaint or concern you may have with respect to your privacy.