Last updated: June 14, 2024

"This privacy policy (“Privacy Policy”) provides You with information regarding the collection, use, retention, storage, and disclosure of Your Data and any Personal Information by MetricUX by ELB Software LTD. (“MetricUX”).

MetricUX reserves the right to amend this Privacy Policy from time to time. Your continued use of the System constitutes Your acceptance of any such modifications. Should You disagree with any modifications, You must cease using the System.

All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Terms of Use."

COLLECTION

(a) During Your use of the System, MetricUX will gather, process, and retain information regarding You and how You interact with the System. This information will include Your Data and may encompass Personal Information, as outlined in the Terms of Use:

“Personal Information” means any information that is protected under applicable privacy legislation, including the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and any other relevant UK privacy and data protection laws, as may be enacted or amended from time to time.

Personal Information refers to any information that, whether alone or combined with other data, can be used to identify You, either directly or indirectly. Personal Information may include Your Data gathered from Your computer, laptop, mobile phone, or other electronic devices.

(b) MetricUX collects Personal Information through the following methods:

(i) Upon registration on the System, MetricUX may collect Your: (a) name; (b) email address; and (c) Authentication ID;

(ii) When You share Your Data in a manner that allows access by third parties, including social media platforms and websites, MetricUX may collect profile or account information from these third parties;

(iii) While using the MetricUX Platform, MetricUX gathers Your historical performance data, competition results, current training data, and forecasted training data;

(iv) When MetricUX provides links to or promotes websites or services from other companies, or offers You the option to download software from other companies, MetricUX may collect information from these websites, services, or companies;

(v) When You provide additional information to supplement the data registered on the System, MetricUX collects this supplemental information.

(c) All of Your Data, including Personal Information, shall be processed, stored, and managed by MetricUX in accordance with reasonable data storage practices and procedures, relevant British laws, and this Privacy Policy. MetricUX implements and maintains safeguards and controls deemed necessary and commercially reasonable to prevent, detect, deter, and rectify unauthorized access, intrusion, or use of the System and Your Data. You acknowledge and agree that despite MetricUX's safeguards, unauthorized electronic intruders may potentially access the System via the internet or other electronic communication methods. In the event such intruders bypass MetricUX's security protocols and safeguards, they may alter, delete, or otherwise compromise the contents and data stored on the MetricUX Server, including Your Data.

(d) Despite Section 1(a), MetricUX does not gather Personal Information from children under the age of twelve (12). If You become aware that a child under the age of twelve (12) has provided MetricUX with Personal Information without parental consent, please contact MetricUX at the address specified below under the section titled "Contacting MetricUX regarding access to Your Data or our Privacy Policy and Practices."

USE

(a) MetricUX utilizes Your Data and Personal Information for various purposes:

(i) Operating and enhancing the MetricUX Platform;

(ii) Communicating with You and addressing Your inquiries;

(iii) Personalizing the MetricUX Platform;

(iv) Monitoring Your performance, activity, and goal history;

(v) Customizing advertisements specifically for You.

(b) Subject to the foregoing and contingent upon MetricUX’s adherence to the Terms of Use and Privacy Policy, You consent to MetricUX exercising all rights granted therein, including a license for MetricUX to extract information from Your Data (“Your Consent”).

(c) You also acknowledge and agree that MetricUX will: (i) use Aggregated Data for benchmarking, assessing aggregate performance, and analyzing metrics beneficial to the athletic, fitness, and strength community, at MetricUX’s sole discretion. The Aggregated Data will not include identifiable references to You or Your Data.

(d) Should You wish to revoke Your Consent for MetricUX to extract information from Your Data and generate Aggregated Data, please contact MetricUX at the address provided below in the section titled “Contacting MetricUX regarding access to Your Data or our Privacy Policy and Practices.” MetricUX will process Your withdrawal request within a commercially reasonable timeframe upon receipt. Subsequently, any of Your Data submitted or entered into the MetricUX Platform thereafter will not undergo the process outlined in Section 2(c) of this Privacy Policy.

DISCLOSURE

(a) MetricUX shall not divulge Your Data and Personal Information unless such disclosure serves a legitimate purpose. These legitimate purposes include, but are not limited to:

(i) Sharing Your Data and Personal Information with MetricUX’s partners, suppliers, vendors, representatives, and affiliates to operate and enhance the MetricUX Platform;

(ii) Providing Your Data and Personal Information to Standard Coaches to facilitate coaching services by them;

(iii) Disclosing Your Data and Personal Information to third parties, such as social media applications and websites, to facilitate the "Share Workout" feature;

(iv) Sharing Your Data and Personal Information with coaches or consultants for the purpose of developing training programs and monitoring results;

(v) Disclosing Aggregated Data to scientific journals, consultants, representatives, third-party advertisers, MyStrengthBook Coaches, Standard Coaches, other users, conference, workshop, or seminar attendees, and any other individual, organization, or association deemed appropriate by MetricUX for reasonable educational and scientific purposes, in MetricUX’s sole discretion.

(b) MetricUX may disclose Your Data and any Personal Information uploaded by You in response to valid judicial orders or other legal processes as required by applicable laws, or if MetricUX believes in good faith that such disclosure is necessary to prevent or take action regarding illegal or suspected illegal activity, or to protect the rights or safety of MetricUX, its users, partners, suppliers, vendors, representatives, affiliates, or other third parties. MetricUX will make reasonable efforts to provide You with written notice of any disclosure of Your Data and Personal Information under this paragraph.

(c) However, the System allows You to share Personal Information with Your networks by providing a link to certain Personal Information. By sharing Your Personal Information, You acknowledge that MetricUX cannot guarantee the security of such Personal Information. MetricUX does not control the privacy policies and practices of third parties.

(d) MetricUX’s utilization and transfer of information received from Google APIs to any other application will comply with Google API Services User Data Policy, including the Limited Use requirements.

DATA RETENTION

MetricUX will retain Your Data and Personal Information starting from your registration as a subscriber until You instruct us to cease retention. MetricUX will always retain Your Data and Personal Information in compliance with applicable laws of the United Kingdom, including the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

ACCURACY

MetricUX will make reasonable efforts to ensure that Your Data and Personal Information remain relevant to their intended use, accurate, complete, and current. MetricUX relies on You to inform us of any changes to Your Data and Personal Information. MetricUX will take reasonable steps to allow You to correct, amend, or delete Personal Information that You demonstrate to be inaccurate or incomplete.

INDIVIDUAL ACCESS TO PERSONAL INFORMATION

(a) You have the right to access Your Personal Information held by MetricUX, subject to limited exceptions outlined in Privacy Legislation (as defined below). MetricUX will provide You with reasonable access to Your Personal Information and inform You in advance of any charges associated with retrieving, reproducing, or delivering the requested Personal Information.

(b) MetricUX may restrict or deny access to Personal Information as permitted by applicable Privacy Legislation.

(c) To ensure the security of Personal Information, You must provide adequate identification information to allow MetricUX to authorize access to the requested Personal Information.

CONTACTING MetricUX REGARDING OUR PRIVACY POLICY AND PRACTICES

(a) MetricUX is dedicated to safeguarding Your privacy and has appointed a privacy officer (“Privacy Officer“) to oversee compliance with this Privacy Policy. MetricUX assumes accountability and responsibility for all Your Data, including any Personal Information it possesses or controls. For inquiries regarding the security of the System or the Website, please contact MetricUX’s Privacy Officer using the details provided below.

(b) MetricUX’s Privacy Officer will investigate all complaints concerning MetricUX’s adherence to its Privacy Policy and will take appropriate actions to address any issues raised. The user involved will be notified of the outcome of the investigation into their complaint. Upon request, MetricUX will provide additional information about its complaint handling procedures. The Privacy Officer may seek external advice as needed before responding to any user complaint.

(c) You may direct requests to correct, access, or update Your Personal Information, and address concerns regarding MetricUX’s Privacy Policy or related privacy practices to MetricUX’s Privacy Officer at the email address provided below. MetricUX endeavors to promptly address all reasonable concerns and inquiries.

support@elbsoftware.co.uk