Privacy Policy

Welcome to YoAI, owned and operated by Smart Movements, Inc. (“SMV”, “we,” “us,” “our”). We respect your privacy and value your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our websites (including smartmovements.io) (“Site”), our mobile and television applications (each, an “App”), from purchasing product and services from us, engaging with our content, or by use of any of our services (collectively, the “Service”). If you have any questions regarding this information or our privacy practices, please contact us via the methods set out in the How to Contact Us section at the end of this Privacy Policy.

If you do not agree with the terms of this Privacy Policy and our Disclaimer, then you should immediately discontinue use of the Service without providing us with any personal information.

Information We Collect

We may collect the following categories of personal information (a) directly from you (such as when you create an account or contact us), (b) from the device and browser that you use to access the Service, (c) from cookies and similar technologies, (d) from Team account owners if you enroll in the Service through a Team account, or (e) other third parties, including social media platforms that you use in connection with the Service (such as if you login through a social media platform or use other social media tools):

Identifiers

We may collect your name, email address, and account username and password.

Financial and Transactional Information

We may collect payment details (such as payment card or bank account information), billing address, and subscription history. We use authorized third-party payment processors to process payment details on our behalf.

Professional Information

We may collect professional information such as the name of your employer and title or position.

Demographics

We may collect demographic information such as your age, gender, and sex (including medical conditions related to sex such as pregnancy).

User-submitted Content

We collect content that you submit to the Service, such as profile photographs, forum comments, testimonials, and communications between you and other users of the Service. In addition, if you send a message to us (such as through email or social media), we collect any personal information you choose to share with us through those messages.

Device Information

We may collect device information when you visit our Sites or use our Apps. Device information may include your device type, browser type, online identifiers, IP address, and geolocation information.

Internet or Other Electronic Network Activity Information

We may collect information concerning your interaction with the Sites and/or App, including when you access the Sites and/or use the App, your activity on the Sites and/or App (such as which page you visit, in what order, and for how long), and the workouts and other video content you have viewed.

Inferences

We may also draw inferences from the information that we collect that reflect your preferences or characteristics (such as your workout preferences).

Some of the information we collect may qualify as “Sensitive Personal Information” in some jurisdictions. In particular, Sensitive Personal Information includes payment details and medical conditions related to sex (e.g., pregnancy). We collect and use this information to: provide our Service to you, ensure the security and integrity of the payment process and our systems, undertake activities to verify or maintain the quality or safety of our Services, detect, prevent and investigate security incidents and other malicious, deceptive, fraudulent, or illegal actions, and ensure the physical safety of natural persons.

You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to register an account or respond to your requests.

Cookies

We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be analytical or used for advertising. The cookies and similar technologies that we use are generally divided into the following categories:

Strictly Necessary. These are required for the operation of the Service. These cookies are session cookies that are erased when you close your browser.
Analytical/Performance. These allow us to recognize and count the number of visitors to the Sites and understand how such users navigate through the Service (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located).

We use Google Analytics for part of this process. To learn more about Google Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html and
https://tools.google.com/dlpage/gaoptout.

Functional. These cookies enable the Service to provide enhanced functionality and personalization. If you do not allow functional cookies in your browser, then some or all of the functionality we have added to the Service may not function properly.
Advertising. Advertising cookies may be used by us and third-party ad partners to build a profile of your interests and show you relevant ads on other websites. If you do not allow these cookies, we and our ad partners will not be able to serve you targeted ads. To learn more about certain cookies used for interest-based advertising by third parties, including through cross-device tracking, and to exercise certain choices regarding such cookies, please visit the Digital Advertising Alliance, the Network Advertising Initiative, or the Digital Advertising Alliance-Canada. If you use any of these services to opt-out of interest-based advertising, you will need to apply these opt-out settings in each device and browser from which you wish to opt out.

You can also prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access the Sites, however, you might not be able to access or use important functions or features of the Sites.

Do-Not-Track Signals

At this time, we do not recognize the “Do Not Track” browser-based standard signal, however, we recognize the Global Privacy Control as a valid request from you to opt out of certain analytics and advertising cookies (and similar technologies).

Our Use of Personal Information

We collect and use your personal information for the following purposes:

Providing the Service to you and providing products or services requested by, or reasonably anticipated within the context of our relationship with you;
Managing our relationship with you, and if you decide to establish an account, creating and managing your account;
Responding to your inquiries or requests, and requesting feedback;
Administering promotions, events, or surveys;
Providing promotional material or other marketing materials that we believe will be of interest to you;
Tracking use of your username and password to access the Sites and Apps and your shopping cart;
Personalizing the Service (e.g., displaying your name after you log in);
Analyzing use of the Service;
Tailoring advertisements to what we believe will be of interest to you (including working with our advertising partners to display advertisements on third-party websites that you may visit);
Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible; and
Complying with legal and regulatory obligations.

Our Disclosure of Personal Information

We may share personal information with the following categories of third parties:

Service Providers

We engage independent contractors, vendors, and suppliers (“Service Providers”) to provide specific services and products related to our Service. These include, for example, hosting providers and IT outsourcing, payment processors, analytics providers, subscription management platform providers, and marketing providers.

Third-Party Partners

We may share personal information with third parties that we have partnered with to jointly create or offer a product, service, or joint promotion (“Third-Party Partners”). If you decide to obtain a product or service or participate in a joint promotion that is offered by us and these Third-Party Partners, the information you provide will be shared with us and them. We may also share your information with these Third-Party Partners in the event we suspect you are violating our Terms of Use or the law.

Other Users

Content, such as profile pictures, comments, or reviews that you make available publicly through the Service will be visible to other users of the Service and to the public. You should be aware that any information shared in a public or community forum is public information and may be seen or collected by third parties. You should think carefully before disclosing any information in a public or community forum or through a public profile, including those available on the Service.

In addition, if you are a member of a Team account, your email address and video views are made available to the Team Owner.

Advertising Partners and Social Media Networks

As noted above, the Sites and Apps have cookies and similar technologies that are used to track your activity on the Sites and Apps and activity on other websites that you visit. Information gathered through these technologies (such as content you viewed or videos you watched) are shared with advertising partners and social media networks. We share information with these third parties to provide you with advertisements that we and/or these third parties believe will be relevant to you.

Advisers and Financial Institutions

We may share personal information with auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.

Government Bodies, Dispute Resolution Organizations, and Third Parties

We may share personal information with these entities in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive, (b) cooperating in a law enforcement or similar investigation, or (c) otherwise protecting our rights.

Sale of Business

We may share personal information with third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction

Children’s Privacy

The Service is not intended for users under the age of 13 and SMVdoes not knowingly collect personal information from individuals under the age of 13. If you are aware of, or suspect that, someone under the age of 13 is using the Service without permission, please notify us immediately by contacting us as detailed in the How to Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to review the FTC Guidelines for protecting your child’s privacy online.

Your Privacy Choices

If you no longer want to receive our newsletter, emails, or other marketing communications, you may unsubscribe at any time by following the unsubscribe option in the communication itself or by contacting us at the information below in the How to Contact Us section.

If you no longer want to receive mobile marketing messages, reply STOP to any text message from us to opt out.

Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or purchases placed through the Service.

By logging into your password-protected user account you have the ability to access and correct certain personal information associated with your account. You may request that your account be deactivated in the “My Account” settings. You can also contact us at the information in the How to Contact Us section below.

Additional Disclosures for Residents of The United States

This section describes how we collect, use, process, and disclose personal information of The United States consumers and the rights you may have under The United States law. These disclosures are intended to supplement this Privacy Policy with information required by The United States law.

To understand what personal information we may have collected about you, and from where we collected it, please see the section Information We Collect.

We collect this personal information, as further described in the Our Use of Personal Information section, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may have disclosed the following categories of personal information for business or commercial purposes to the categories of recipients listed below:

Identifiers	Service Providers Third-Party Partners Other Users Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties
Financial and Transaction Information	Service Providers Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties
Professional Information	Service Providers Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties
Demographics	Service Providers Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties
User-submitted Content	Service Providers Third-Party Partners Other Users Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties
Device Information	Service Providers Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties
Internet or Other Electronic Network Activity Information	Service Providers Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties
Inferences	Service Providers Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties
Sensitive Personal Information	Service Providers Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties

For more information on how your information is shared, please see the Our Disclosure of Personal Information section.

Your Rights

Under Canadian law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. We have provided this notice through this Privacy Policy. In addition, The United States residents have additional rights, subject to certain limitations, including:

Access: You have the right to access a copy of the categories and specific pieces of personal information that we have collected about you.
Correction: You have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
Deletion: You have the right to request that we delete or anonymize your personal information, with certain exceptions.
Sale/Sharing Opt-out: You have the right to opt-out of the sale of your personal information.
No Retaliation: You have the right to be free from discrimination for exercising your rights.

The United States residents also have the right to limit the use of Sensitive Personal Information where a business uses such information to infer characteristics about you. As noted above, SMV only uses Sensitive Personal Information to: provide our Service to you; ensure the security and integrity of the payment process and our systems; undertake activities to verify or maintain the quality or safety of our Services; detect, prevent and investigate security incidents and other malicious, deceptive, fraudulent, or illegal actions; and ensure the physical safety of natural persons. We do not use Sensitive Personal Information to infer characteristics about you.

Exercising Your Right to Access, Correction, or Deletion

To submit a request to access, correct, or delete your information as a consumer or as an authorized agent, contact us at the information in the How to Contact Us section. Once we receive a request, we will take steps to verify your request. We will ask for information that is reasonable in light of the nature of your request.

If an authorized agent is used to make a request on your behalf, we require the authorized agent to provide proof that you gave them permission to submit the request on your behalf. We may also require you to verify your identity directly with us.

Sale of Personal Information

SMV does not sell or share personal information in exchange for money. However, we may share personal information with our partners to understand how you use the Service, to customize your experience, and to market to you. In addition, SMV uses cookies and similar technologies to analyze website usage and assist in marketing efforts (including targeted advertising). In some cases, sharing for these purposes may be considered a “sale” under The United States law. The United States law defines “sale” broadly to include any disclosure of information in return for any value. The value does not need to be monetary like in a traditional sale.

The categories of personal information disclosed that may be considered a “sale” under The United States law are: Identifiers, User-submitted Content, Device Information, Internet or Other Electronic Network Activity, and Inferences.

The categories of third parties to whom personal information was disclosed that may be considered a “sale” under The United States law are: Third-Party Partners and Advertising Partners and Social Media Networks.

You can learn more and opt out of the use of your information for these purposes by clicking the “Do Not Sell or Share My Personal Information” link at the bottom of any of the Sites.

We also recognize the Global Privacy Control as a valid request from you to opt out of certain analytics and advertising cookies (and similar technologies).

Your request to opt-out of cookies (and similar technologies), including through use of the Global Privacy Control, will be linked to your browser only. As such, you will need to apply these settings on each device and browser from which you wish to opt out. Similarly, if you clear your browser’s cache (such as by deleting cookies), you will have to apply this setting again.

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

Additional Disclosures for Residents of Australia and New Zealand

If you are resident of Australia or New Zealand, you have the right to access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. As noted above, you have the ability to access and correct certain personal information associated with your account by logging into your account. You can also submit requests for access and correction by contacting us at the information in the How to Contact Us section.

As a Canadian company, most of our operations are conducted in Canada and to provide the Service, personal information will be processed in the United States. When your personal information is no longer needed for the purpose for which it was obtained or to comply with legal and regulatory obligations, we will take reasonable steps to destroy or permanently de-identify your personal information.

If you have any questions or wish to lodge a complaint, you may do so by contacting us at the information in the How to Contact Us section below. If you submit a complaint, we will investigate your complaint and determine the steps that we will take to resolve it. We will contact you if we need any additional information from you and will notify you of the outcome of the investigation.

Additional Disclosures for Residents of the European Union (EU) and United Kingdom (UK)

This section provides additional information for residents of the EU and UK.

International Data Transfer

As a Canadian company, most of our operations are conducted in Canada and in order to provide the Service, personal information may be processed in Canada, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for international data transfers as required by applicable law. With respect to transfers originating from the European Economic Area, where applicable, the standard contractual clauses approved by the European Commission are implemented. Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as specified below.

Lawful Bases for Handling Personal Information

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the section above, Our Use of Personal Information, including: (i) as may be necessary to perform a contract (such as when you choose to register an account); (ii) as necessary to comply with a legal obligation (such as when we use personal information for recordkeeping to substantiate tax liability); (iii) consent (where you have provided consent as appropriate under applicable law, such as for direct marketing or certain cookies); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Decision-Making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

Your Rights

To the extent required under applicable law, you have the right of:

Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.
Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation (e.g., direct marketing). We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, contact us at the information in the How to Contact Us section. We will respond to your request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

Additional Disclosures for Residents of Brazil

This section provides additional information for residents of Brazil.

International Data Transfer

Lawful Bases for Handling Personal Information

Automated Decision-Making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you. However, we use profiling and analytics to understand how people use the Service and for marketing purposes.

Your Rights

As available and except as limited under applicable law, individuals in Brazil have the rights to request:

Confirmation of processing of personal information;
Access to your personal information;
Correction of incomplete, inaccurate, or outdated personal information;
Anonymization, blocking, or deletion of unnecessary, excessive data;
Personal information portability to another service provider or product, upon express request;
Deletion of personal information processed with your consent;
Obtaining information about the entities with which SMV has shared your personal information;
Information on the possibility of you not providing consent, as well as being informed about the consequences should you not give consent;
Revocation of consent.

Additional Disclosures for Residents of the People’s Republic of China

This section provides additional information for residents of the People’s Republic of China.

International Data Transfer

We take steps to ensure that we handle your personal information subject to appropriate safeguards. As a Canadian company, most of our operations are conducted in Canada and in order to provide the Service, personal information may be processed in Canada, where laws regarding processing of personal information may be less stringent than the laws in your country. By using the Service, you consent to the transfer of personal information outside of the People’s Republic of China.

Automated Decision-making

We do not use automated processing to make decisions that may affect you significantly. However, we use profiling and analytics to understand how people use the Service and for marketing purposes. These analytics help us understand and improve the Service.

Your Rights

To the extent required under applicable law, residents of the People’s Republic of China have the right of:

Information. You have the right to request an explanation for how we process your personal information. We describe how we process personal information in this Privacy Policy.
Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
Deletion. Subject to some exceptions and in certain circumstances, you have the right to request that we delete personal information that we process about you.
Restriction. You have the right to request that we limit or cease our processing of your personal information, unless laws or administrative regulations stipulate otherwise.
Portability. You have the right to request that we transmit the personal information we hold with respect to you to another personal information processor.
Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time. Please note that if you withdraw your consent, this will not affect the lawfulness of our processing of your information on the basis of your consent before the point in time when you withdraw your consent, nor will it affect the processing of personal information conducted in reliance on lawful processing grounds other than consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at the information in the How to Contact Us section. We will respond to your request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint.

Links to Other Websites

For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Service to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.

Security

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

You play an important role in keeping your information secure. You should not share your password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the contact information in the How to Contact Us section.

We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

Effective Date and Changes to this Privacy Policy

This Privacy Policy is effective as of the date at the top of this policy. SMV has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our Sites or Apps, via email, or through another communications channel we deem reasonable, informing you of the change.

How to Contact Us

If you have any questions about this Privacy Policy or our Service, please contact us at support@smartmovements.io. You can also contact us by mail at:

YoAI c/o Smart Movement, Inc.,

Address: 300-2 Simcoe St.S. Oshawa ON L1H 8C1

Canada

Website: http://smartmovements.io/