I. INTRODUCTION

This Privacy Policy (“Policy”) describes how Hyperflow Studios, Inc. ("Evolv" or "we", "us", or "our") collects and uses information obtained through the SparkFit mobile application (“Evolv " and “App"), the Evolv website (“Site”), and other products and services (collectively the “Service”) owned or controlled by us. The Policy also describes what information we may disclose and when we may need to disclose information. The Policy is incorporated and subject to the Terms of Service (“Terms”). By accessing or using the Service, you consent to our Policy. Continued use of the Service will constitute your informed consent to any updates or modifications to the Policy.

II. INFORMATION COLLECTED

PERSONAL INFORMATION

We collect information in order to provide you with the valuable services you use on our Service and to improve our performance to better serve you. Some of that information can be used to identify or contact you (collectively “Personal Information”). Moreover, our Service allows you to share Personal Information with others, which could be collected by us.  Some of the Personal Information we may collect and that you can share (subject to the Terms of Service) includes, but is not limited to, the following:

●      Your name

●      Your email address

●      Your phone number

●      Your mailing address

●      Your Evolv username

●      Your Evolv password

●      A photo for your profile on our Service

For your convenience, we allow you and other users to log in and sign up for our Service through Facebook. Personal Information is gathered when you log in or sign up through this method so that way we can better serve you (e.g. create a profile on our Service to allow you to use the Service in a personalized manner). By using this method, you are authorizing Hyperflow to access, collect, store, and use any and all information, including Personal Information, granted to us through Facebook’s Application Programming Interface (“API”). Such Personal Information includes the Personal Information listed above. Such Personal Information from Facebook also includes, but is not limited to:

●      Your Facebook username

●      Your Facebook profile picture

●      Your Facebook identifier and access token

We collect Personal Information only if you have voluntarily given us the information or  authorized us to access it, and only to the extent necessary to provide and improve the Service.

PAYMENT INFORMATION

Hyperflow offers premium features to you ("Premium Service"), which you can choose to pay and subscribe for at your discretion. To access our Premium Service, Hyperflow will require billing and payment information. Such information includes, but is not limited to, your billing address and your credit or debit card information (collectively “Payment Information”). We do not gather Payment Information from all our users, but only those who wish to pay for Premium Service. Payment Information is processed by third parties where users gain access to the Service (e.g. Apple’s App Store and Google Play) subject to their terms of use and privacy policies.

MISCELLANEOUS INFORMATION

We may collect information about you that you have provided or have consented to give us so we can better serve you. Examples include, but are not limited to, your current level of fitness (e.g. beginner, intermediate, advanced), your fitness goal, calories burned, workout activity time, your heart rate, and what fitness equipment you currently have available for exercise.

We may collect information provided by Facebook, such as your friends list, their contact information, and their Personal Information so you can invite, chat, and otherwise coordinate with others within the Service at your discretion

III. HOW WE USE YOUR INFORMATION

We may use your information for a variety of purposes including, but not limited to:

●      Operating the Service

●      Providing, improving, customizing, and personalizing the Service for you

●      Offering products and services at your request

●      Processing payments for subscriptions to our Premium Service features

●      Developing new products, services, and information

●      Sending information or notifications concerning the Service

●      Delivering promotional materials you may be interested in

●      Managing your preferences and account on our Service

●      Detecting, preventing, and responding to actual or alleged violations against our Terms and the law

By using the Service, you consent to occasional promotional emails and other communications involving our Premium Service and new products and services created by us that you may be interested in. You may opt-out of these promotional communications at any time.

IV. DISCLOSING AND SHARING INFORMATION

The information you share on the Service, unless provided otherwise within this Policy or on the Service, is public by default. For example, your name and profile picture can be seen by others (e.g. by inviting others to a group challenge or in chat conversations). Also, any information you share through Facebook, Instagram, or other Third Party Services (as defined in our Terms), may be automatically public by default.   

We will keep certain information private, such as your Payment Information and Personal Information that can be used to contact you. However, we and our third party providers, may use this information for the purposes outlined below.

We endeavor to protect your privacy. There are some circumstances where we may need to share your information with third parties to better serve you or because we are required to. These circumstances include, but are not limited to:

●      Operating the Service when third party providers are required

●      Providing, improving, customizing, and personalizing the Service for you when third party providers are required

●      Offering products and services at your request when third party providers are required

●      Processing payment through our third party providers for our Premium Service

●      Sending information or notifications concerning the Service when third party providers are required

●      Delivering promotional materials you may be interested in when third party providers are required

●      Detecting, preventing, and responding to actual or alleged violations against our Terms and the law

●      Sharing information with any parent, subsidiary, or joint venture company under our control

●      In the event of a corporate sale, merger, or acquisition with another company or the sale of Evolv or the Evolv site

●      When you grant permission to third parties to access your information (e.g. OAuth)

V. THIRD PARTIES

The Service may contain links to websites, applications or other products or services operated by other companies (“Third Party Services”). Hyperflow does not endorse, monitor or have any control over these Third Party Services, which have separate terms of service and privacy policies. Hyperflow is not responsible for the content or policies of Third Party Services and you access such Third Party Services at your own risk. Check the terms and conditions and privacy policy of these other sites and applications before you use these Third Party Services.

VI. SECURING YOUR INFORMATION

We follow standard commercial practices to best protect your information. We also partner with reputable third parties who follow industry standards for securing your information. However, no security is perfect, and we do not guarantee the absolute security of your information. We also do not guarantee the security of the information provided by you through networks outside of our control (e.g. your mobile network or other ISP).

VII. YOUR RIGHTS AND CHOICES

You have a right to access your Personal Information and your Payment Information if applicable. You have the right to modify and correct this information. You also have the right to delete your account and, in doing so, delete your information. You may do all of this subject to our Terms.

VIII. MINORS

Hyperflow does not allow people under 18 years of age to use the Service according to its Terms. We do not market to minors or collect information from minors or anyone under the age of 13. We do not provide any services or marketing material directed towards children under the age of 13. No aspect of our Service falls within the guidelines of the Children’s Online Privacy Protection Act (“COPPA”).

IX. HIPAA

Hyperflow is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). No aspect of our Service falls within the guidelines of the HIPAA. We are not a health plan provider, healthcare clearinghouse, or healthcare provider. We do not disclose or share information with any healthcare provider or any third party that may be considered a covered entity. Hyperflow is meant for personal, non-commercial use and is provided to you and not your healthcare provider. Therefore, none of the information gathered through the Service constitutes  "protected health information” as defined under HIPAA.

X. WHERE YOUR DATA IS PROCESSED

If you are located outside of the United States, please be aware that any Personal Information you provide to us may be transferred to the United States or Canada. Information collected through the Service may be processed in and subject to the laws of the United States, and may be available to the United States government or its agencies under a lawful order made in the United States. In addition, as a Canadian company, your information may be processed in and subject to the laws of Canada as well. We may transfer your information outside the United States and Canada to our affiliates, business partners, and service providers located in other countries, but only to enable you to use the Service or to better improve the Service for your use. By using the Service, you consent to such transfer to, and processing in, Canada, the United States, and these other countries.

XI. RIGHT TO MODIFY

Hyperflow Studios, Inc., a Canadian corporation, reserves the right to modify this Policy, in whole or in part, at our own discretion without notice at any time. Such modifications will be effective upon posting these changes to the Service. You agree to comply with, and be bound by, any such modifications by continuing to use the Service after the modified Policy is posted to the Service.

XII. CONTACT

If you any questions or concerns regarding the Service or this Policy, feel free to contact:
feedback@evolvfitness.co