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Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter Notice must include substantially the following:Your physical or electronic signature.An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.Our designated agent to receive Counter Notices is:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Data Retention and Deletion
How long we keep your data
We keep your personal and health data for as long as your account remains active. We do not delete it on a fixed schedule, because the purpose of the app is to show you your training history and how your fitness changes over time, and that requires your history to remain available to you.
While your account is active, we retain:
Account and profile information: your name, email address, phone number, date of birth, sex, height, postal address and profile photo.
Training and assessment data: your class and session bookings, workout records, exercise metrics, personal bests, training goals and training cycles, body composition and movement assessments and their reports, your answers to assessment questionnaires, and any injuries or physical limitations recorded by you or your coach.
Health and fitness data read from Health Connect on Android or the Health app on iOS, where you have granted permission. We read only the following: steps, heart rate, sleep, exercise sessions, active calories burned and total calories burned, including readings collected while the app is in the background.
Health and fitness data from any wearable device or health service you choose to connect through the app. Depending on the device or service, this may include sleep quality, heart rate variability, blood oxygen saturation, respiratory rate, body composition, weight, blood pressure, blood glucose, nutrition and mood.
Technical data needed to operate the service: your device's push notification token and your login session tokens.
On your device, the app also keeps a local copy of the information it has already loaded, together with your login session token, so that it works quickly and without a network connection. Your session token is stored in your device's secure keystore. The local copy of your information is removed when you log out of the app or uninstall it.
Deleting your account
You can delete your account at any time. From within the app, go to Profile and select Delete Account. You can also delete your account from the web, without installing the app, at https://api.app.proof3.com/send_request; we will email you a confirmation link, which expires after 24 hours.
When you delete your account, we permanently delete all of the data listed above from our systems immediately. Deletion is irreversible, and we do not keep a deactivated or archived copy of your account.
Copies of deleted data may persist in our encrypted database backups for up to 7 days, after which those backups expire automatically and the data is permanently gone. Operational server logs are retained for up to 30 days and are then deleted automatically.
Data held by our partners
Some of your data is also held by the partners we rely on to provide the service, and their retention is described below.
Gym management: your membership, billing and attendance records are held by our gym management provider. When you delete your account we cancel your upcoming bookings, terminate your recurring payment contracts and mark your client record as inactive. The provider retains your membership and billing record after that point, as required for financial and legal record-keeping, in accordance with its own retention policy.
Health data aggregation: health and fitness data you choose to share is processed by our health data partner, under a pseudonymous identifier that is not linked to your name or email address. The partner retains that data in accordance with its own retention policy.
Analytics: we use third-party analytics software to understand how the app is used. Usage events are recorded under a pseudonymous identifier and do not include your health or fitness data. Analytics is only enabled if you have accepted our terms and, on iOS, granted tracking permission. The analytics provider retains these events in accordance with its own retention policy.
Requesting deletion or a copy of your data
If you would like your data deleted and cannot use either method above, or you would like a copy of the data we hold about you, contact us. We will respond within 30 days.
