Privacy Policy

1.A SPECIAL NOTE ABOUT CHILDREN

Our Site is not designed or intended for use by children under 13. If you are under 18, you should use the Site and Services only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us, please inform us by contacting us at info@workoutsmart.com and we will remove such information from our database. If you are concerned about your children’s use of the Site, you may use web-filtering technology to supervise or limit access to the Site. Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting kids’ privacy online.

2.HERE’S THE PERSONAL INFORMATION WE COLLECT:

The information we gather from users enables us to personalize and improve our Services, and allows our users to set up a user account and profile that can be used to personalize their experience on the Site. We collect the following types of information (“Personal Information”) from our users:

Personal Information You Provide to Us:

We collect and store the following types of information on our servers only when you optionally choose to provide it to us by filling out a form or taking some other explicit action. You can choose not to provide us with any of the information below, but you may not be able to take advantage of certain features without creating an account or providing the appropriate information.

• Private Account Information: You can create an account our Site (your “Account”) by providing a name, email address, phone number, and creating a password.
• Profile Information: You have the option of providing information about yourself to create a user profile that will not be publically viewable by others. We will collect the information you share with us in creating your profile such as your, first and last name, email address, telephone number, and mailing (“Profile Information”). You should exercise care in creating your profile since we will be relying on that information to communicate with you and to provide you with important notices.
• Payment Processing: If you purchase any products or services through our Sites or Services, we may collect certain information regarding your purchase (such as your name, zip code, purchased items) as necessary to process your order, and you will be required to provide certain payment and billing information such as your name, credit card information, and billing address. We do not directly access, store or collect your credit card information, and we will not use your payment information we collect except as needed to fulfill your purchase and/or communicate with you regarding your transaction.
• Social Networking Sites We may create social networking accounts on sites such as Twitter, Facebook, or LinkedIn. If you decide to join or participate in our social efforts, any information that is disclosed should be considered public information and will be subject to the terms of those social networking sites. We have no obligation to keep private Personal Information that a user makes available to other users or the public using these sites or any other third party sites. Users should exercise caution when deciding to disclose Personal Information in public forums.
• Information Provided in Contests, Sweepstakes, or Promotions: You may be asked to submit Personal Information when you enter a contest or sweepstakes or fill out a survey.
• Information Obtained about Third Parties: If you provide us with information about others, or if others give us your information, we will only use the information for the specific purpose for which it was provided.

Personal Information Collected Automatically:

In order to understand how our Sites and Services are being used and to make them better, we also automatically receive, store, and log certain types of technical information whenever you interact with our Sites. Information of this sort includes:

• Technical Information About Your Browser And Mobile Device: This information is used in the aggregate to help us optimize the Service for common browsers and devices.
• Usage Information, Such As The Pages You Request, Searches You Conduct, Emails You Open And The Features You Interact With: This information is used in the aggregate to generate statistics about how the Service is being used and is never shared in any form that would identify you personally, except with service providers that process it on our behalf, as described below under Product Analytics, Session Recordings And Error Reports.
• IP Address, Tokens, Cookies, And Device Identifiers: These are alphanumeric identifiers that help us to distinguish between unique browsers and devices in order to avoid showing you the same information twice, keep you logged into our Site and improve your experience. For example, we may receive and collect the name of the domain and host from which you access the Internet, the Internet protocol (IP) address of the computer you are using, the browser software you use, and your operating system and if applicable, the Internet address of the website from which you linked directly to our Site. You are always free to decline our cookies if your browser permits, but some parts of our Site may not work properly in that case.

Product Analytics, Session Recordings And Error Reports:

We use PostHog, a product analytics service provided by PostHog, Inc. in the United States, to understand how visitors and members use the Site and Services and to find and fix problems. When you visit the Site or use the Services, PostHog receives information such as the pages you view, the features you use, the buttons and links you click, how long pages take to load, your browser and device type, the website that referred you, any campaign tags in the link you followed, and your IP address, which is used to estimate your approximate location. PostHog stores an identifier in a cookie and in your browser’s local storage so that it can recognize your browser on later visits.

When you are signed in, we link this activity to your Account using your Account’s internal ID number, along with the training level on your profile. We also send PostHog records of Account events, such as creating an Account, how you heard about us, completing a workout, and starting, renewing or cancelling a subscription, including the plan and price and any reason you give for cancelling. We do not send PostHog your name, email address, password or payment card details.

We may record some visits to the Site and Services. A recording shows how pages change as you scroll, click and move between them, so that we can find the parts of the Site that are hard to use. Recordings hide the text on the page and everything you type.

When the Site or Services hit an error, we send PostHog a technical report of the error and where it happened so that we can fix it.

PostHog processes this information on our behalf as our service provider. We use it only to operate, secure and improve the Site and Services, and we do not sell it. Some of this information is sent from our servers, so browser settings and extensions that block cookies or analytics do not stop all of it. To ask us to delete the analytics data linked to your Account, email info@workoutsmart.com with the subject line “Data Deletion Request.”

3.HERE’S HOW WE USE YOUR INFORMATION:

In addition to the specific uses discussed above, information you submit to us may be used in the following ways:

• to respond to requests that you make or to aid us in serving you better;
• to fix technical problems;
• to provide administrative services;
• to generate documents on our platform;
• to help you form your company with the relevant state office;
• to enable delivery of services by third parties you select on our Site, such as registered agent services for your company;
• to monitor traffic, the number of visitors, and the effectiveness of Services;
• to provide you with updates, offers, and announcements about products, new products, services, features, promotions, enhancements, improvements or updates;
• to market our products and/or services to you, including sending you information, newsletters, e-mail campaigns, and communications regarding new, improved or existing products, contests and/or sweepstakes;
• to notify you when we make material changes to our Privacy Policy or Terms of Use ;
• to provide, administer, and facilitate your use of the Site and Service;
• to resolve Site problems; handle or respond to customer support questions and issues;
• to process or fulfill your request(s) and/or order(s) for products, services, information or features;
• to enabling user-to-user communication and interaction and solicit input and feedback to improve user experience;
• to manage your Account preferences, establish your profile and Profile and Account Information;
• to monitor the technical functioning of the Site, Service, and network;
• to develop new and/or improved products, services or offerings;
• to create, review, analyze and share aggregate information;
• to identify, research, and protect against any actual, potential or threatened misuse, unauthorized use, or unwanted use of any of the Site or Service, including but not limited to researching any claims made by or about others users and/or about the Site and/or Service, and such efforts of which may include information provided from third-party sources;
• to analyze trends and user traffic;
• to resolve disputes;
• to trouble-shoot errors or issues with the Site and/or Service;
• as we, in our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Site and Service.

We may provide these services ourselves or share the information with partners who will provide the services for us. We may use aggregated user data to market the Service or the Site to others.

4.HERE’S HOW WE SHARE YOUR PERSONAL INFORMATION:

We will not disclose your Personal Information to any persons or entities outside of our company, nor lease, license, rent, transfer, disclose, disseminate or otherwise grant access to such information unless:

• You have been given an opportunity to “opt-in” and have agreed to opt-in to such disclosure of your information;
• We must share your information in order to provide a product or service that you have ordered or requested, in which case we will require that any third person or entity, such as a registered agent, we use to fulfill your order agrees that it does not have the right to use your information other than to fulfill your order or request;
• We use service providers, such as the product analytics provider described above, that process your information on our behalf and only to provide their services to us;
• When we believe in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• If we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your Personal Information may be sold or transferred as part of that transaction;
• To any other third party with your prior consent to do so;
• We receive a request in connection with or relevant to a judicial, governmental or legal inquiry, investigation, order, or proceeding;
• We are required to respond to a subpoena, court order, or other requirement of law, which requires disclosure of your information;
• It is reasonably necessary to enforce our Terms of Use , this Policy, or any other legal agreements;
• It is required to detect, prevent, or otherwise address fraud, abuse, misuse, potential violations of law (or rule/regulation), and/or security or technical issues; or
• It is required or reasonably necessary to protect against imminent harm to the rights, property or safety of us, our users, employees, any minors, members of the public and/or our Sites and Services.

We may also disclose information about you to our auditors or legal advisors in conjunction with accessing our disclosure obligations and/or rights under this Policy.

5.HERE’S WHAT HAPPENS WHEN YOU CONNECT AN AI ASSISTANT:

You can connect an AI assistant, such as Claude, Claude Code, Codex or another app that supports the Model Context Protocol (MCP), to your Account so that it can work with your training on your behalf. You connect an assistant through OAuth, a standard way of giving an app access to an account: you sign in to WorkoutSmart yourself, and the assistant never receives your password.

Before an assistant gets any access, we show you a consent screen that names the assistant and lists what it is asking to do. If you choose Allow, the assistant gets those permissions and no others. If you choose Deny, it gets none. We show the consent screen every time an assistant asks to connect, even one you have approved before. The name on the consent screen is the name the assistant registered with us, and we do not verify who runs it.

An assistant can ask for any of these permissions:

• See your profile: your name, email address and the other information on your profile and account, such as your goal, gender, date of birth, height and time zone.
• See your training: your workouts, schedule, training cycle and gym profiles, and the programs and exercises in WorkoutSmart.
• See your metrics: your body weight, heart rate, sleep and food records, your strength test results, your training statistics and your dashboard.
• Change your training: log sets and completed workouts, start workouts and check off sets, swap and reorder exercises, move workouts, change a workout’s intensity or gym, and set your workout goal and body weight target.
• Record your metrics: record or remove body weight, heart rate, sleep and food records, daily check-ins and strength tests.
• Plan your training: schedule programs and create training cycles, which can replace your upcoming workouts.
• See your trainees (for trainers): see your connections and the training of the people you train, as described in the next section.
• Plan for your trainees (for trainers): change the training plans of the people you train, as described in the next section.

We keep a record of every action a connected assistant takes, or tries to take, in your Account: which assistant it was, what it asked to do, whether it succeeded, and the IP address and device information the request came from. You can see your recent records on the Agent Activity page, in your account menu.

We also send PostHog, the analytics service described above, a record each time you connect an assistant, including the permissions you approved, or disconnect one, and each time a connected assistant takes an action, including the type of assistant, the action and whether it succeeded. These records do not include what the assistant asked for or what we sent back to it.

You can revoke an assistant’s access at any time on the Agents & Connected Apps page, in your account menu, which lists each assistant you have connected and what it is allowed to do. Revoking takes effect right away. The assistant cannot reconnect unless you approve it on the consent screen again.

When an assistant reads information from your Account, that information leaves WorkoutSmart and goes to the assistant and the company that provides it. What that company does with your information is governed by that company’s own terms and privacy policy, not by this Policy, so please review them before you connect an assistant.

6.HERE’S WHAT TRAINERS AND THEIR AI ASSISTANTS CAN SEE AND DO:

You can connect with a trainer or coach on the Connections page. Once a connection between you and a trainer is accepted, the trainer can see your profile details, such as your name, profile picture and goal, and can open your training in WorkoutSmart, including your workouts, schedule, training cycles, strength tests and progress. If the connection lets your trainer make changes, they can also change your training.

A trainer can also use an AI assistant they have connected to their own Account, as described above, to work with your training, if they gave it permission to work with their trainees. Their assistant can reach your training only while the “Allow this trainer’s AI assistant” switch for that trainer on your Connections page is on. The switch is on unless you turn it off. The assistant works at the same level as your connection: it can view your training and, if the connection lets your trainer make changes, it can also change your training plan, for example by scheduling a program or moving a workout. It cannot log workouts, sets, measurements or check-ins for you. Apart from your name and nickname, it cannot see your profile, and it cannot see your body weight, heart rate, sleep or food records.

Each time a trainer’s assistant views or changes your training, we record it on your Agent Activity page, with your trainer’s name and the assistant they used, and your trainer sees the same records on their own Agent Activity page. There is one exception. A trainer’s assistant can also list your trainer’s connections and get a summary of everyone your trainer trains. The list shows your name and nickname, the level of your connection, whether your switch is on, whether your subscription is active and when your trainer last opened your training. While your switch is on, the summary also shows how many workouts you had scheduled, completed and missed over a period of time, the date of your last completed workout, your current training cycle and the number of days since your last strength test. The list and the summary are recorded on your trainer’s Agent Activity page, not on yours.

You can turn off a trainer’s assistant at any time with that switch, and your trainer keeps their own access to your training. To end both your trainer’s access and their assistant’s access, delete the connection on the Connections page.

7.HERE’S HOW WE DISCLOSE AGGREGATE INFORMATION:

We may combine your Personal Information and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities for our internal use. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of sales conducted through the Site in a particular geographic region or track purchasing trends. Such information, and other information we derive from individual users’ information, allows us to continue to grow and provide you with quality information through more accurate marketing and advertising of the Site. We may share aggregated information concerning our users, without attribution of Personal Information, to other companies with whom we conduct business.

8.HERE’S WHAT WE DO TO KEEP YOUR INFORMATION SECURE:

We take commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of your Personal Information that you share and we collect and store. These security measures include daily database backups, encryption of sensitive personal fields such as your email address, SSL encryption of data in transit, internal reviews of our data collection practices and platforms, as well as physical security measures to guard against unauthorized access to systems where we store your information. The technology we have employed to deliver our Services to you protects your information using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registered users in your organization.

We believe you should have the ability to access, edit, and delete the Personal Information that you have provided to us and encourage you to promptly update your Personal Information if it changes. You may change any of your Personal Information in your Account online at any time by logging in accordance with instructions posted elsewhere on this Site.

If you would like us to delete Personal Information that is associated with your account, you can submit a request by emailing us at info@workoutsmart.com with the subject line “Data Deletion Request.” Please include the email address or phone number you used with the Service so that we can locate your account, and note whether you are requesting deletion of your entire account or only specific data categories. You may also mail your request to the postal address listed at the end of this Policy. We will confirm receipt of your request, verify your identity, and respond or delete the data in accordance with applicable law, typically within 30 days unless a shorter period is required.

If you are concerned about the accuracy of Personal Information maintained by us or wish to review, access, amend or correct it, or would like your Account deleted or your Personal Information removed from our records or otherwise deactivated, you may contact us with your request at: info@workoutsmart.com. We may decline requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or are extremely impractical. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

9.HERE’S WHAT YOU CAN DO TO PROTECT YOUR PERSONAL INFORMATION:

While we are committed to taking all reasonable precautions to protect your Personal Information, there are steps you can take as well; such as:

• Use only secure websites when disclosing your information. Secure pages begin with “https.”
• Creating strong passwords and use them wisely (e.g.. don’t use the same password for us that you use for your bank, for example.
• Never respond to unsolicited requests for your social security number or financial information.
• Do not disclose your passwords to the Site or your Account Information to any other person.
• Be sure to sign off when finished using a shared computer.
• Be careful about disclosing personal information such as your name, address, or e-mail address in discussion forums or other public areas linked from this Site. Any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties.
• Be aware when clicking on hypertext links and third party advertising on the Site. Other sites accessible through our Site via links or service partnerships have their own privacy policies and data collection, use and disclosure practices. We encourage you to review other websites’ policies before revealing any sensitive or personal information. We cannot be and are not responsible for maintaining your privacy once you leave our Site and are not responsible for the policies or practices of third parties.

10.HERE’S WHAT YOU CAN DO IF YOU DON’T WANT TO RECEIVE COMMUNICATIONS FROM US: Opt-Out

You can opt out of any automated notifications or communications sent via the Service by following the instructions included with each email or by or by contacting us with an unsubscribe request at: info@workoutsmart.com; however our employees, contractors or agents may still need to contact you personally, for example, if you are in violation of our Terms of Use .

If we have provided any third party with your Personal Information (with your permission) and you subsequently opt-out, you will have to contact the third-party directly with your opt-out request(s).

11.A NOTE FOR CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS (As provided by California Civil Code Section 1798.83)

California residents have the right to receive: a) information identifying any third party company(ies) to whom we may have disclosed (within the previous calendar year) personal information pertaining to you and your family for that company’s direct marketing purposes; and b) a description of the categories of personal information disclosed. If you are a California resident and wish to obtain such information, submit a request to info@workoutsmart.com with “Request for California Privacy Information” as the subject line and in the body of your message. Please be aware that not all information sharing is covered by requirements and only information on covered sharing will be included in our response.

12.HERE’S HOW YOU CAN UPDATE, DELETE, OR CORRECT YOUR PERSONAL INFORMATION:

We believe you should have the ability to access, edit, and delete the Personal Information that you have provided to us and encourage you to promptly update your Personal information if it changes. You may change any of your Personal Information in your Account online at any time by logging in in accordance with instructions posted elsewhere on this Site. If you are concerned about the accuracy of Personal Information maintained by us or wish to review, access, amend or correct it, or would like your Account deleted or your Personal Information removed from our records or otherwise deactivated, you may contacting us with your request at: info@workoutsmart.com. We may decline requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or are extremely impractical. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

13.HERE’S HOW LONG WE KEEP YOUR INFORMATION:

We keep your Account information, including your profile, workouts, training history, metrics and connected-assistant activity records, for as long as your Account exists, because your training plan is built from that history. If you cancel your subscription, we keep your Account information so that you can return to it, until you ask us to delete it.

When you ask us to delete your Account, we delete your Account information within 30 days, as described above. Our database backups are kept for 6 days, so deleted information is gone from them within 6 days after that. We may keep billing records for as long as tax and accounting law requires.

When you revoke a connected assistant, its access stops right away. We delete an assistant’s access credentials within 7 days after they expire.

PostHog, our analytics provider, keeps analytics events for 1 year and session recordings for up to 30 days, then deletes them. To ask us to delete the analytics data linked to your Account sooner, email info@workoutsmart.com.

14.HERE’S WHERE WE PROCESS YOUR INFORMATION:

WorkoutSmart is operated from the United States, and the information we collect is processed in the United States. If you use the Site or Services from outside the United States, your information is transferred to the United States.

15.HERE’S WHAT WILL HAPPEN IF WE CHANGE THIS POLICY:

We may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. If we make changes that, in our sole discretion, we consider to be material, we will notify you by delivering an announcement via our Service to the email address associated with your account or by means of a notice on this Site prior to the change becoming effective. It is your responsibility to maintain a valid e-mail address as a registered user. If you opt out of communications from us, you may not receive these notifications, however they will still govern your use of the Service, and you are responsible for checking for any changes. If you continue to use the Site or the Service after changes become effective, you agree to abide by and be bound by the modified privacy policy.

16.MISCELLENEOUS PROVISIONS

We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Privacy Policy shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. If any provision of the Privacy Policy is found to be unenforceable for any reason, than that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

17.HERE’S HOW YOU CAN CONTACT US:

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us by email at: info@workoutsmart.com or by sending a letter to: