Privacy

Our Privacy Policy describes how we collect and process your Personal Data through our websites, corresponding Mobile Apps. We encourage you to read this Privacy Policy as well as our Terms and Conditions of Use (referred to throughout as our “Terms”). 

BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DESCRIBED IN THIS PRIVACY POLICY.

Ability Fix Services, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that information we collect (including cookies and device data) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws and principles, including your data subject rights, may not offer the same level of protection as those in the country/region where you reside or are a citizen. By using our Services and providing information to us, you consent to the transfer to and processing of the information in the United States and, unless otherwise stated in this Privacy Policy, we use this consent as the legal ground for that data transfer. When collecting your Personal Data on our Fitness and Wellness services, you may be asked for your explicit consent to this data transfer as part of account creation.

Please read this Privacy Policy carefully, as your access to and use of the Services signifies that you have read, understand and agree to all terms within this Privacy Policy. If you do not agree with any part of this Privacy Policy or our Terms, please do not access or continue to use any of the Services or otherwise submit your Personal Data.

• Who We Are

We are Hair Studio, Inc. DBA Ability Fix. (referred to herein as “Ability Fix,” “we,” “us,” or “our”). We provide Internet and mobile app-based services including, for example, the apps linked to below (“Mobile Apps”):

Ability Fix - Consumer Version

Ability Fix - Caregiver Version

• Information About Your Personal Data

 

This Privacy Policy relates to data about you, your devices, and your interaction with our Services.

"Personal Data" is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, stated location, device IDs, certain cookie and network identifiers, and "Fitness and Wellness Data.”

Ability Fix collects, uses, discloses and processes Personal Data as outlined in this Privacy Policy, including to operate and improve the Services and our business; for marketing, but not advertising; and to provide you with innovative fitness and wellness services, as further described in this Privacy Policy.

We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy.

• How We Collect and Use Personal Data
• When you register for an account or interact with our Services.

We collect Personal Data when you use or interact with our Services, including when you register with us. This Personal Data may include name, address, phone number, username and password, email address, date of birth, payment information and Stated Location Data. "Location Data" means general location as stated by you during the registration process. We use this data to create your account, enable your activity within our Services, and to provide the services generally, including to develop, enhance, and improve our Services and your experience. We also use this data for internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.

• When you input Fitness and Wellness Data within our Services or use our Services. We do not collect data from other sensors.

"Fitness and Wellness Data" includes data you provide related to your lifestyle, fitness goals, height, weight, measurements, fitness level, and activity. We collect this data in order to provide the Services and to tailor features, products, and services to your interests and goals, including providing workout plans, training- and coaching-related services.

• When you communicate with us or sign up for promotional materials. 

We collect Personal Data when you communicate with us or sign up to receive promotional materials or information via email, push notifications, - including email address, mobile number, etc.

If you consent to such messages, we may use your Personal Data and other information to communicate with you about the Ability Fix products or Services you have purchased or used; provide you with promotional messages; to notify you of other products; to notify you of contests, challenges, and other promotions ("Promotions"); to notify you of Services we think may be of interest to you; and, for other marketing purposes. You can manage your communication preferences by registering for and logging into your account profile.

Please note that regardless of your email settings, we may send you notifications pertaining to the performance of our Services, such as revision of our Terms or this Privacy Policy or other formal communications relating to products or Services you have purchased or use.

We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests. We may also use your Personal Data to address your requests, inquiries, and complaints.

• When you participate in special activities, offers, or programs. 

We may request or otherwise collect Personal Data, including Fitness and Wellness Data when you participate in Promotions, when you participate in surveys, or when you participate in research activities or initiatives, including for academic, commercial, wellness-related and community planning analysis, and research study purposes ("Research"). This includes Personal Data, such as name, address, email address, telephone number, age, and other information that may be appropriate in order to participate.

We may also launch surveys that ask you to answer questions about a range of topics from Personal Data to brand and product preferences. Promotions or surveys may be run by an Ability Fix  service provider or co-branded with one of our business partners. In such instances, Personal Data may be collected directly by and/or shared with Ability Fix, the service provider, and/or business partner, including for marketing purposes. Each Promotion or survey that treats your Personal Data in a way that differs from this Privacy Policy will state the privacy policy governing that collection of information in connection with that Promotion or survey.

• When you engage with our online communities. 

We may collect your Personal Data when you engage with our online communities. This includes when you, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with Ability Fix. Please note that our community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.

• When you access third party products and services. 

We may allow you to register and pay for third-party products and services or otherwise interact with another website, mobile application, or Internet location (collectively "Third Party Sites") through our Services, and we may collect Personal Data that you share with Third Party Sites through our Services. When we do so, we will inform you of the further details of how we use your Personal Data.

• When you connect with us through social media. 

You may choose to enable, log into, or sign on to the Services through various social media or social networking services, such as Facebook (“Social Networking Service" or "SNS"). When you connect using your SNS accounts, we may collect Personal Data that you have provided to that SNS. For example, when you log in with your Facebook credentials, with your consent, we may collect Personal Data from your Facebook profile that is permitted under Facebook's Terms of Use - such as your email address, profile picture, and friend list. We use this data to provide, enhance, and personalize the Services (e.g., to help connect you with or suggest friends within our Services). If you do not want to provide us with this data, you need to adjust the privacy settings on your SNS account.

• When we leverage and/or collect cookies, device IDs, and stated location. 

We may collect certain Personal Data using cookies and other technologies such as device IDs and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, but not advertising. Our Cookie and Device ID Use section contains more information and options to control or opt-out of certain data collection or uses.

• When we aggregate or centralize data. 

We aggregate and centralize Personal Data and Fitness and Wellness Data for purposes of analytics, innovation, and to provide enhanced services to our customers and end-users.

• When we link you to friends across platforms. 

Some of our services consist of social sharing and communication with others. We use your Personal Data to enable sharing as described in the service, including to enable you to find and link to friends within Ability Fix Apps.

• When you take fitness tests or assessments; share content or achievements; or invite friends. 

We asses your real-time fitness potential through user input in your profile section. We use this data to provide instructional videos, instructional feedback, and  digital coaching. With your permission, we access your contacts and calendar to enable you to share content or achievements, including videos, with friends or other members, and to invite friends to use the Services.

• When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purpose. 

We may use Personal Data in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

• How We Do Not Collect Your Personal Data
• When you use or interact with a wearable or other connected device we do not collect any data.
• We do not integrate with Apple HealthKit Data or any other health app.
• How We Disclose Personal Data

We may disclose your Personal Data for the purposes as described in the prior section of this Privacy Policy and in the following ways:

• To Affiliates and Partners 

Internally within Ability Fix, in order to provide and improve Services, for marketing purposes, but not for interest based advertising.

• To Service Providers and Vendors. 

With business partners, marketing partners, and vendors to provide, improve, and personalize the Services.

Notice for Apple Users

For Apple users, our iOS mobile apps share personal data with third parties as described in this Privacy Policy. We take measures to ensure such third parties provide privacy protections identical to or equal to those required under this Privacy Policy and Apple’s Developer Guidelines.

• To Social Network Providers. 

With social network providers when we use social network widgets, buttons, or plug-ins in our Services.

• To other Ability Fix Registered Users. 

With other users in the context of specific Services that are social in nature. In these cases, we disclose social data and certain Fitness and Wellness Data by default because the service being provided is one of social interaction. Additionally, any information you post or disclose in our community forums (for example, Facebook,, YouTube, Twitter, or other sponsored pages on the Ability Fix Blog) is public.

• For Marketing. 

With marketing partners for marketing purposes on Ability Fix's behalf and on behalf of third parties, including Facebook.

In addition, with your consent, we may share your Stated Location Data with Third Parties for on and off platform personalization and curated marketing purposes.

• For Certain Analytics and Improvement 

With certain companies for purposes of analytics and improvement of the Services.

• For Legal Compliance, Law Enforcement, and Public Safety Purposes.

With law enforcement, government or regulatory bodies, lawful authorities, or other authorized third parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

• In the event of an actual or contemplated sale.

With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.

• Legal Basis for Processing

For the purposes of applicable data protection laws, Ability Fix, Inc. is the controller of the Personal Data you provide to us (“Data Controller”). As a Data Controller, we process the Personal Data we maintain about you in accordance with this Privacy Policy. If you have any questions or concerns regarding the processing of your Personal Data, or if you have questions regarding this Privacy Policy email us at support@abilityfix.com.

• Separate Consent Is Not Required In Certain Cases,

We collect and process your Personal Data for a variety of purposes outlined in this Privacy Policy. In certain cases, separate consent is not required, including:

• For the performance of a contract 

To perform our contractual obligations to you, including account registration. Anything in relation to the provision of the Services, including to connect you with friends across platforms, when you take fitness tests or assessments, share content or achievements, or invite friends, when you ask us to access third party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the performance of the Services.

• To meet legal obligations 

To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.

• For Legitimate Interests 

To operate our business and provide the Services, other than in performing our contractual obligations to you for Ability Fix’s "legitimate interests" for the purposes of applicable law - except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.

For example, the following areas include processing covered by Legitimate Interests, subject to applicable law:

• Communication. To communicate with you regarding the Services, including to provide you important notices regarding changes to our Terms and also to address your requests, inquiries, and complaints. We may send strictly necessary communications, including emails, even if you have opted out of receiving other Under Armour emails or communications. These types of communications do not require consent. We also process your Personal Data for our legitimate interests when you communicate with us, including when you sign up for promotional materials and we have not asked you for your consent in that regard.
• Respond to Your Requests. To respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.
• Promotional Messages. We process your non-sensitive Personal Data to provide you with promotional messages and personalized marketing, including: when you communicate with us or sign up for promotional materials; when you participate in special activities, offers, or programs; when you engage with our online communities or advertising; to provide you geographically relevant Services, offers, or advertising; when we aggregate and centralize data; and when we share Personal Data with companies or ventures that are our service providers and vendors.
• Surveys. To send you surveys in connection with our Services, unless commercial in nature. In those cases, a survey request may be sent to you if you have given us your consent to receive marketing from us.
• Compliance with Law and Public Safety . To assist in the investigation of suspected illegal or wrongful activity, including in-store tracking and sharing information with other entities for fraud, loss, and crime prevention purposes. To protect and defend our rights and property, or the rights or safety of third parties.
• Improvement and Development. To develop, provide, enhance, and improve our Services and your experience, including to enable you to use the full range of our Services (e.g., processing of non-sensitive Personal Data related to your use or interaction when you access third party products and services; when we collect, use, or otherwise leverage cookies, device IDs, Stated Location Data, data; when you connect with us through social media; when we collect data from third parties or publicly-available sources; when we aggregate and centralize data; and when we share Personal Data with our service providers and vendors). For internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
• Enforcing Terms and Notice. To enforce our Terms or this Privacy Policy, or agreements with third parties.
• Merger or Acquisition. To support a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.
• Consent as a Basis for Processing

In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Promotions); or (ii) registering or creating an account with us. We may request your consent for a number of activities including:

• Ability Fix Marketing and Communication. 

We may ask for your consent to contact you by telephone, SMS/text message, and/or email about other offers, products, promotions, events, or services that we think may be of interest to you and for other marketing purposes

• Sharing with Third Party Services. 

We may also ask for your consent to share your Personal Data with certain Third Party business partners in order to offer certain goods, services, or programs. To withdraw consent, please go to the preferences of the specific third party service or app.

• Third Party Marketing. 

At this time we do not provide your data not Third Party Services for their use in advertising or marketing to you.

• Processing Sensitive Personal Data. 

We may request your consent to process sensitive Personal Data. Our Website or Mobile Apps may require this data to provide the Services, including when you take fitness tests or assessments. If you choose not to provide sensitive Personal Data (for example, specific kinds of Fitness and Wellness Data), certain features or Services may be unavailable or not function properly.

• Research. 

We may request your consent to use your Personal Data for Research purposes. We may also request your consent to contact you to determine your interest to participate in certain Research initiatives and to share identifying results. For market research, we may ask questions on behalf of business partners and share your response with business partners.

• To Enable Social Sharing and Connect with Us on Social Media. 

Some of our services consist of social sharing and communication with others. If you sign up for these services, we may ask for your consent to use your information to enable sharing as described in the service. We may also ask for your consent when you connect with us through Social Media.

• Social Sharing Settings

Within our Services there are four sharing settings: Private, Share with Friends, Ability Fix Customers Only, and Public. Ability Fix apps are designed for your wellness and fitness benefit. As such, you are able to control what Personal Data you share and with whom you share it. We encourage you to adjust the sharing settings to best meet your objectives and sharing comfort level. In the interest of safeguarding your Personal Data, we have outlined some initial default sharing settings.

Default Sharing Settings

• "Physical Stats" are set as Private. "Private" means not shared with friends or other members. You can change this default status for some of your physical stats. Information that is "Private" by default includes, for example, your height, weight, and age.
• "Activity Stats" are set as Share with Friends. "Share with Friends" means visible to your friends, but not shared with other members. You can change this default status if you want. Information that is set as "Share with Friends" by default includes, for example, your workouts, exercise minutes, calories expended and friendships.
• Community Social Data is set as Public. "Public" means visible to all others using the service. For example social posts where you have set your account up as "Follow" (in app and on the websites), community forums, and photos.
• Lookup Information is set as Public. We believe that social motivation helps you achieve your goals faster and allowing your friends to be able to find you is crucial to this experience. Therefore, your first and last name, location, gender, username, and profile picture are set as Public. If you set your entire account as Private, your lookup data will no longer be available for your friends to find you (unless you otherwise indicate that desire within the Services).
• Changing Your Sharing Preferences

Details on how to update your sharing preferences and the default settings for our Services are outlined within your profile.

Note: When you share information from our Services externally with a SNS, the information you post is governed by their privacy policy and settings.

• Interest-Based Advertising

Interest-based advertising is advertising that is targeted to you based on your app usage over time. Our advertising practices do not include the creation and use of this data.

• Cookie Use and Controls 

Cookies serve a wide variety of purposes. Cookies are pieces of data stored in your web browser that are transmitted to websites to remember your browser over time and distinguish it from other users. Cookies are used to remember you and personalize your web experience and for security, analytics, marketing. Our cookies are placed and read by our web servers. We don’t have other cookies placed or read by other companies' web servers. Information on specific cookies is found on our website Cookie Policy.

Think about cookies is based on their function. The following settings will control our use of browser cookies, the use of IP address for tracking, and the collection and use of data.  You can block these cookies in your browser preferences.

• Required Cookies. These strictly necessary cookies are used for core functionality, and recognize when you are signed in, remember things such as shopping carts and text entered, are necessary for security, and enforce your privacy preferences. Without these cookies, some functionality on our websites will fail.
• Functional Cookies. These cookies help to improve the sites by allowing us to understand how the site is used and how the site performs. These cookies include analytics and measurement.
• IP Address Use 

An IP address refers to an identifier assigned by a network to a computer, mobile device, Internet of Things (IoT) device, or routing device. IP addresses, for purposes of this Privacy Policy, include "public" IP addresses, such as the IP address for a home router that is visible to the Internet, as well as "local" IP addresses, which are IP addresses assigned to computers and mobile devices "behind" a router (such as a home router).

• Our analytics partners may use IP addresses to group or correlate devices for purposes of analytics, security and anti-fraud purposes.
• Beacons Use 

Beacons may be used on web pages to confirm the opening of a marketing email or web page.

• Social Network Interaction and Widgets 

Social network widgets, buttons, and plug-ins on our websites passively transmit data regarding a social network's members to that social network, even when a button is not clicked. These technologies may allow a social network (such as Facebook, Twitter or YouTube) to personally identify its members and to know the web pages its members have visited. This is true wherever social network buttons are embedded, regardless of whether a button is "clicked" or "pressed." If you belong to a social network or use these categories of web services, you should review the privacy policies of those services to understand the nature of the data that they collect and what, if any, options the service offers to control how data is collected and used. If you disable advertising cookies, the passive tracking associated with these buttons will be blocked on our sites.

• Mobile Device IDs
• Our mobile apps and our Services may transmit Device IDs.

Device IDs include IDs associated with your mobile device carrier such as IMEI, MEID, IMSI; platform-specific IDs such as Android ID, Google AID, and Apple's IDFA; and IDs that are part of your device hardware, such as WiFi MAC address, and serial number. Exactly which Device IDs are transmitted can depend on your mobile device platform and the version of your operating system.

• How We Use Mobile Device Data. 

We may use Device IDs,(together with app usage data and Fitness and Wellness Data) for strictly necessary purposes such as improving our apps and analytics or personalization preferences.

• Withdraw Your Consent for Use of Your Mobile Device IDs

We do not use Device ID’s for advertising purposes. To the extent our mobile apps personalize functionality for you, you cannot  change these settings within the app. If you do not wish to allow the app to be personalized for you, change your profile settings to the default settings.

• Consent Settings for Communication Preferences 
• Consent for Email Communication: 

After signing up for email communications, you can choose to unsubscribe using the unsubscribe link in any commercial email we send. Please note that if you unsubscribe from "all emails" this means "all emails other than strictly necessary emails." You will still receive email communications from us if they are strictly necessary to provide the Ability Fix service or to confirm or validate a transaction, recover accounts, etc.

• Mobile Push Notifications: 

You can manage the type of push notifications you receive from Ability Fix by modifying the settings within the Ability Fix Service. For more information on how to update your push notification settings for our Services please visit the notifications tab within the app or mobile device. You may additionally set your mobile device settings to not allow push notifications from us.

• Transfers of Your Personal Data to Other Countries

The Personal Data Ability Fix processes, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).

By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in the United States. Where and as required, we will seek your explicit consent as outlined in this Privacy Policy.

• Data Retention

We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems according to our Terms and Conditions.

Where permissible, we will also delete your Personal Data upon your request.

If you have questions about our data retention practices, please contact us through our support services.

• Security

We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

• Links to Other Websites

Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Our Services may provide a link or otherwise provide access to Third Party Sites. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites. Our Privacy Policy does not apply to Third Party Sites, and any data you provide to Third Party Sites, you provide at your own risk. We encourage you to review the privacy policies of any Third Party Sites with that you interact with.

• Children

We do not knowingly collect Personal Data online from children under 13 (note that the minimum age may vary based on location, and on local law). If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our Support Team. If we become aware that a child under 13 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel the child's account.

• How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us through our Support Team or write to us at:

Hair Studio, Inc. DBA Ability Fix Attention or Subject: Privacy Concerns 3430 Executive Pointe Way Carson City, NV 89706

support@abilityfix.com