Privacy Policy

This Privacy Policy describes how Semper Validus, LLC, a Florida limited liability company, and its affiliates, successors, and assigns as applicable (“Company,” “we,” “us,” or “our”) collect, use, disclose, retain, and protect information in connection with the Semper Validus mobile fitness application and related content, features, tools, and services (the “App”). The App is a direct-to-consumer fitness, exercise, and wellness tracking tool that allows adult users to input, store, monitor, and review exercise routines, performance metrics, goals, progress, and health or wellness information over time.

This Privacy Policy is incorporated into and forms part of the Semper Validus Terms of Service. If the Terms of Service conflict with this Privacy Policy, this Privacy Policy governs solely with respect to the handling of personal information.

Article 1. Scope; Eligibility; Relationship to Health-Care Laws

1.1 Scope. This Privacy Policy applies to information that we collect through or in connection with the App, including account information, User Content, Health Information, mobile-device information, usage information, transaction information, uploaded images, information received through integrations, communications with us, and other information described in this Privacy Policy.

1.2 Adult Users Only. The App is intended solely for individuals who are at least 18 years of age. We do not knowingly permit persons under 18 years of age to create an account, submit User Content, or use the App.

1.3 Direct-to-Consumer Fitness and Wellness App. The App is not a medical device, does not provide medical, clinical, nutritional, psychological, therapeutic, diagnostic, emergency, or professional health-care advice, and is not intended to diagnose, treat, cure, mitigate, or prevent any disease, injury, disorder, or medical condition.

1.4 HIPAA Acknowledgment. Unless we separately and expressly enter into a written business associate agreement or other written arrangement stating otherwise, we are not acting as your health-care provider, health plan, health-care clearinghouse, or the business associate of any such entity solely by making the App available to you, and information that you submit directly to the App is not protected by the Health Insurance Portability and Accountability Act and its implementing regulations solely because it relates to your health.

1.5 Do Not Submit Restricted Information. You should not submit information to the App that you do not want us to process under the Terms of Service and this Privacy Policy. You are responsible for the accuracy, appropriateness, and legality of all Health Information and other User Content you submit.

Article 2. Definitions

“Health Information” means information you enter, upload, generate, or make available through the App relating to your health, wellness, body metrics, exercise routines, nutrition, symptoms, medical conditions, medications, injuries, limitations, goals, progress, biometric or wearable-device data, and other health or wellness-related information.

“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or household, including Health Information when it is associated with or reasonably linkable to you.

“User Content” means all information, data, text, images, photographs, videos, comments, exercise logs, routines, Health Information, profile information, messages, and other materials that you submit, upload, transmit, store, display, or otherwise make available through the App.

“De-identified Data” means information that has been processed so that it does not identify you personally and cannot reasonably be used to identify you, taking into account the means reasonably available to us and to the recipients to whom we disclose or license the information.

“Aggregated Data” means information that has been combined with information from other users or sources so that it does not identify any individual user personally.

“Clinical Health Organizations” means hospitals, clinics, academic medical centers, research organizations, public-health organizations, clinical-trial sponsors, digital-health companies, health analytics organizations, and other health-care, wellness, medical, clinical, research, or life-sciences organizations to which we may disclose or license De-identified Data or Aggregated Data for permitted purposes.

Article 3. Information We Collect

3.1 Account and Profile Information. We may collect information that you provide when you create, maintain, or update an account, including:

1. Account identifiers, such as name, email address, phone number, username, account credentials, mailing address, and other contact details.
2. Profile information, such as age range, gender, height, weight, fitness level, goals, preferences, settings, profile image, and other information you choose to provide.
3. Login credentials, authentication tokens, account recovery information, security settings, and records of account access.

3.2 Health, Fitness, and Wellness Information. We may collect Health Information and fitness-related information that you enter, upload, generate, import, or make available through the App, including:

1. Exercise and performance data, such as exercise routines, workout logs, training intensity, duration, repetitions, sets, weights, distances, pace, recovery periods, goals, progress, trends, and similar information.
2. Body metrics and wellness data, such as weight, body composition, measurements, heart rate, sleep, nutrition, hydration, symptoms, injuries, limitations, medications, medical conditions, pregnancy status if voluntarily provided, and related wellness information.
3. Biometric or wearable-device data and other information imported from connected devices or third-party services if you enable those integrations.
4. Images, photographs, videos, avatars, progress pictures, screenshots, and other visual content that you upload or make available through the App.

3.3 Device, Technical, and Usage Information. We may collect technical and usage information associated with your device and interactions with the App, including:

1. Device type, operating system, App version, device identifiers, settings, language, time zone, and related technical attributes.
2. Crash logs, diagnostic data, error reports, performance data, and other information used to troubleshoot, secure, maintain, and improve the App.
3. Features used, screens viewed, session activity, in-App interactions, reminders, prompts, preferences, and other information about how you use the App.
4. Approximate or precise location information only if and to the extent enabled through your device settings or App permissions.

3.4 Transaction and Subscription Information. If you purchase a subscription, paid feature, in-App purchase, or other paid service, we may receive transaction-related information from the applicable app store, payment processor, or billing provider, including subscription status, purchase history, product identifiers, renewal status, cancellation status, and other payment-related metadata. We do not necessarily receive your full payment-card number from third-party payment processors.

3.5 Communications and Support Information. We may collect information when you contact us, respond to surveys, request support, submit feedback, report unauthorized account activity, or otherwise communicate with us, including the content of your communications and related contact information.

3.6 Information from Third Parties and Integrations. If you enable an integration, connect a wearable device, use a third-party platform, authorize a provider, coach, trainer, employer, wellness program, device provider, or other third party to disclose information to us, or otherwise direct that information be shared with the App, we may collect the information made available through that integration or authorization.

3.7 Information We Infer or Generate. We may generate information from the data described above, including analytics, summaries, charts, trends, reminders, prompts, recommendations, benchmarks, derived metrics, segmentation, security-risk signals, and App-performance insights.

Article 4. How We Use Information

4.1 Providing and Operating the App. We may use Personal Information to operate, maintain, host, store, display, organize, analyze, summarize, chart, and track exercise routines, Health Information, performance, progress, goals, trends, and related information over time.

4.2 Personalization and App Functionality. We may use Personal Information to personalize features, maintain preferences and settings, enable account functionality, process uploads, format and display images, provide reminders and prompts, and support user-selected features.

4.3 Support, Troubleshooting, and Communications. We may use Personal Information to respond to requests, provide customer support, send service-related notices, account messages, reminders, updates, administrative notices, security alerts, and other communications consistent with your settings and applicable law.

4.4 Security, Fraud Prevention, and Risk Management. We may use Personal Information to authenticate users, protect accounts, detect and prevent fraud, misuse, unauthorized access, security incidents, unlawful activity, and violations of the Terms of Service, and otherwise protect our systems, users, data, and business operations.

4.5 Improvement, Development, and Analytics. We may use Personal Information to analyze use of the App, evaluate feature performance, develop and improve the App, troubleshoot issues, conduct internal analytics, test functionality, improve data quality, and support Company’s business.

4.6 De-identification, Aggregation, Research, Benchmarking, and Commercial Purposes. We may create, use, disclose, and license De-identified Data and Aggregated Data for analytics, research, benchmarking, product improvement, commercial, and business purposes, provided the information does not identify you personally.

4.7 Legal Compliance and Enforcement. We may use Personal Information to comply with law, legal process, governmental requests, enforce the Terms of Service, protect rights and safety, investigate claims or disputes, maintain records, and exercise or defend legal rights.

4.8 Feedback and Business Development. If you provide suggestions, ideas, improvements, requests, comments, or other feedback regarding the App, we may use, disclose, reproduce, license, and exploit that feedback without restriction or compensation to you.

Article 5. How We Disclose Information

5.1 At Your Direction. We may disclose information at your direction or through features you enable, including exports, integrations, connected devices, third-party services, coaches, trainers, providers, or other recipients you select.

5.2 Service Providers and Vendors. We may disclose Personal Information to vendors, contractors, hosting providers, analytics providers, support providers, security providers, communications providers, app stores, payment processors, billing providers, and other service providers that process information for us or provide services in connection with the App.

5.3 Third-Party Integrations. If you choose to connect the App with third-party platforms, wearable technologies, app stores, payment processors, analytics providers, or other services, information may be shared with or received from those third parties as needed to provide the integration. Your use of third-party services is governed by their own terms and privacy practices, and we are not responsible for their data practices, security, availability, accuracy, or content.

5.4 Clinical Health Organizations. We may disclose or license De-identified Data and Aggregated Data to Clinical Health Organizations for analytics, clinical, operational, public-health, research, benchmarking, product-development, commercial, and related purposes, subject to contractual, technical, and organizational controls that we determine are appropriate for the nature of the data and the transaction.

5.5 Corporate Transactions. We may disclose or transfer information in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, assignment, transfer, or similar corporate transaction involving Company or any portion of its business or assets.

5.6 Legal, Safety, and Enforcement Disclosures. We may disclose information when we believe disclosure is appropriate to comply with law, legal process, or governmental requests; enforce the Terms of Service or this Privacy Policy; protect the rights, property, safety, systems, users, data, or business operations of Company or others; investigate suspected fraud, misuse, or security incidents; or manage legal risk.

5.7 De-identified and Aggregated Disclosures. We may disclose De-identified Data and Aggregated Data to business partners, research collaborators, analytics organizations, Clinical Health Organizations, and other third parties for the purposes described in this Privacy Policy and the Terms of Service.

Article 6. De-identified Data and Licensing to Clinical Health Organizations

6.1 Creation and Use of De-identified Data. We may create De-identified Data or Aggregated Data from Personal Information, User Content, Health Information, device information, usage information, and other data collected through or in connection with the App.

6.2 Licensing Activities. We may license, sell, disclose, provide access to, or otherwise make available De-identified Data or Aggregated Data to Clinical Health Organizations for permitted analytics, research, benchmarking, clinical, operational, product-improvement, commercial, and business purposes, provided that the information does not identify you personally.

6.3 Examples of Licensed Data. Licensed De-identified Data or Aggregated Data may include patterns among user submitted data, such as exercise patterns, fitness trends, body-metric ranges, wellness indicators, adherence patterns, App-engagement metrics, wearable-derived trends, or other derived or summarized data, in each case processed so that it does not identify you personally.

6.4 Recipient Restrictions. We intend to require recipients of De-identified Data or Aggregated Data to use the data only for authorized purposes, maintain reasonable safeguards, refrain from attempting to re-identify individuals, and refrain from using the data to contact, make decisions about, or target any individual user, except as expressly authorized by Company in writing and permitted by applicable law.

6.5 No User Compensation. You acknowledge that Company may create, use, disclose, license, and commercialize De-identified Data and Aggregated Data without compensation to you, consistent with the Terms of Service and this Privacy Policy.

6.6 Limitations. Although we use measures intended to reduce the risk that De-identified Data or Aggregated Data identifies individual users, no de-identification or aggregation method can guarantee that data will never be capable of association with an individual under every circumstance. We will not knowingly disclose data as De-identified Data if we determine that it identifies you personally.

Article 7. User Choices and Controls

7.1 Account Information. You may be able to review, update, correct, modify, export, delete, or restrict certain account information and User Content through App features or by contacting us at support@sempervalidus.com, subject to technical limitations, legal retention obligations, backup systems, fraud prevention, dispute resolution, and legitimate business purposes.

7.2 Device Permissions. You may control certain device permissions, such as location, notifications, camera, photos, contacts, health-data permissions, Bluetooth, or wearable-device access, through your device settings or App settings. If you disable permissions, some App features may not function as intended.

7.3 Integrations. You may be able to connect or disconnect certain third-party integrations through App settings or the applicable third-party service. Disconnection may not delete information previously received by the App or previously disclosed to the third party.

7.4 Communications. You may manage certain push notifications, reminders, and marketing communications through App settings, device settings, or instructions included in the communication. We may continue to send service-related, transactional, security, legal, or account communications as permitted by law.

7.5 Account Deletion. You may request account deletion by using available App features or contacting us at support@sempervalidus.com. Following a deletion request, we may retain, delete, deactivate, or preserve information in accordance with this Privacy Policy, the Terms of Service, applicable law, backup procedures, and legitimate business needs.

7.6 Withdrawal of Consent. Where we process information based on your consent, you may withdraw that consent by using App controls or contacting us at support@sempervalidus.com. Withdrawal of consent does not affect processing that occurred before withdrawal and may limit or prevent continued use of some App features.

Article 8. Retention

8.1 Retention Periods. We retain Personal Information for as long as reasonably necessary for the purposes described in this Privacy Policy, including to provide and maintain the App, administer accounts, preserve user settings and records, comply with legal obligations, resolve disputes, enforce agreements, prevent fraud, maintain security, support business operations, and create or maintain De-identified Data or Aggregated Data.

8.2 Account Termination. Upon termination or suspension of your account, your right to access and use the App may cease, but we may retain, delete, deactivate, or preserve User Content and account information in accordance with this Privacy Policy, the Terms of Service, applicable law, backup procedures, and legitimate business needs.

8.3 Backups and System Archives. Information deleted from active systems may remain in backups, archives, logs, or disaster-recovery systems before being overwritten or deleted in accordance with our ordinary practices, unless we preserve it for legal, security, fraud-prevention, dispute-resolution, or compliance purposes.

8.4 De-identified and Aggregated Data. We may retain De-identified Data and Aggregated Data for as long as permitted by applicable law and consistent with the purposes described in this Privacy Policy.

Article 9. Security

9.1 Security Measures. We use administrative, technical, and organizational measures designed to protect Personal Information against unauthorized access, disclosure, alteration, and destruction, taking into account the nature of the information and our processing activities. These measures may include access controls, encryption, logging, authentication, vendor review, monitoring, and incident-response procedures.

9.2 User Responsibilities. You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You must promptly notify us at support@sempervalidus.com of any suspected unauthorized access to or use of your account.

9.3 No Absolute Security. No system, application, transmission, or storage environment is completely secure. We do not warrant that the App or related systems will be uninterrupted, error-free, secure, free from unauthorized access, or free from data loss or security incidents.

Article 10. Third-Party Services; App Stores; Payment Processors

10.1 Third-Party Services. The App may permit integrations with third-party platforms, devices, wearable technologies, app stores, payment processors, analytics providers, or other services. Those services are governed by their own terms and privacy practices, and Company is not responsible for third-party services, data practices, security, availability, accuracy, or content.

10.2 App Stores and Marketplaces. Your download, installation, payment, subscription, and use of the App may also be governed by applicable app-store or marketplace terms.

10.3 Payments. Payments, subscriptions, in-App purchases, renewals, cancellations, refunds, and related billing activities may be processed by app stores, payment processors, or other billing providers, and the information collected by those third parties is subject to their respective terms and privacy practices.

Article 11. Regional and Legal Rights

11.1 Florida Residents. We will handle Personal Information in accordance with applicable Florida data protection, security, breach-notification, and consumer-protection requirements to the extent they apply to Company and the App.

11.2 Other State Privacy Rights. Depending on your state of residence and the applicability of state privacy laws to Company, you may have rights to request access to, correction of, deletion of, or portability of certain Personal Information; to opt out of certain targeted advertising, sale, sharing, or profiling activities; or to appeal certain decisions regarding your requests.

11.3 Request Submission. You may submit a privacy request by contacting us at support@sempervalidus.com. We may verify your request by asking for information reasonably necessary to confirm your identity and authority to make the request.

11.4 Authorized Agents. If permitted by applicable law, you may authorize another person to submit a request on your behalf. We may require proof of authorization and verification of your identity before acting on the request.

11.5 Limits on Requests. We may deny or limit requests where permitted by law, including where retention or processing is necessary for security, fraud prevention, legal compliance, dispute resolution, protection of rights, completion of a transaction, internal operations, debugging, or other lawful purposes.

11.6 Non-Discrimination. We will not unlawfully discriminate against you for exercising privacy rights that apply to you.

Article 12. International Processing

12.1 Processing Location. Company is organized in Florida, and information may be processed in the United States or in other locations where we, our vendors, or our service providers operate.

12.2 Transfers. If you access or use the App from outside the United States, you understand that your information may be transferred to, stored in, or processed in jurisdictions that may not provide the same level of data protection as your jurisdiction.

12.3 Additional Terms. Where required by applicable law, we may provide supplemental privacy terms, notices, consents, or mechanisms for particular jurisdictions or processing activities.

Article 13. Changes to This Privacy Policy

13.1 Updates. We may update this Privacy Policy from time to time by posting a revised Privacy Policy in the App or otherwise providing notice through reasonable means. The revised Privacy Policy will be effective as of the date stated in the revised Privacy Policy or as otherwise specified.

13.2 Continued Use. Your continued access to or use of the App after a revised Privacy Policy becomes effective constitutes your acceptance of the revised Privacy Policy. If you do not agree to the revised Privacy Policy, you must stop using the App.

13.3 Material Changes. If we make material changes to this Privacy Policy, we may provide additional notice, such as an in-App notice, email notice, account message, or other reasonable notice, consistent with the nature of the changes and applicable law.

Article 14. Contact Information

14.1 Privacy Contact. Questions, requests, or concerns regarding this Privacy Policy or our privacy practices may be directed to:

14.2 Account Security Notices. Suspected unauthorized access to or use of your account should be reported promptly to support@sempervalidus.com.

14.3 Legal Notices. Formal notices to Company must be sent in accordance with the notice provisions in the Terms of Service, unless applicable law requires a different method.