WORKMODE PRIVACY POLICY

Last Updated: June 21, 2023

Welcome to the WorkMode Privacy Policy.

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Welcome to WorkMode LLC (herein "WorkMode," "we,” or "us"). This Privacy Policy is meant to help you understand how we collect, use, and share information to operate, improve, develop, and help protect our services or as otherwise outlined in the Policy. This includes how we collect and process your personal information, such as when you visit WorkMode sites, or use any WorkMode services, including WorkMode applications (the "App"), (together, the "Services"). This Privacy Policy applies to ourServices except where otherwise noted. Why This MattersWorkMode aims to provide high-quality professional-grade fitness and coaching for athletes across every discipline. This Policy is intended to empower our members with the knowledge and understanding of what information WorkMode collects, uses and shares transparently. Please be sure to read this entire Privacy Policy before using or submitting information through the Services. By using or submitting information through the Services, you agree to the collection, transfer, manipulation,processing, storage, disclosure, and other uses of your personal data as described in this Privacy Policy and to be bound by the terms of this Privacy Policy.

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1. Information that you provide to us.

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We collect personal data from you when you provide such information, such as when you access, complete and/or use one of our registration forms, interact with our content, contact us with inquiries, respond to one of our surveys, purchase, or use certain Services. If you interact with our Services, you may be asked to provide personal data in order for us to provide the Services as described:

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Demographic Data. Account Information: such as your name, address (including zip code), email, zip code, date of birth, and phone number that you provide to us, for example, when you register for any WorkMode Services, subscribe for WorkMode marketing, or communicate with us.

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Account Registration. User Profile Information: Any information that you provide to us in connection with your WorkMode "User Profile," such as demographic data listed above, username, and any additional information you choose to provide to enhance your use of the Services, including your weight, height, gender, general location, tags, image or avatar.

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Other Providers. Partners: We may, with your consent, collect information from your use of other connected devices, including those made by other companies, to interact with our Services, such as activity trackers.

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Feedback and Support. Communications Information: Any details of your communications/interactions with us, including when you call, email, live chat, video call, or text with our customer or technical support teams or communicate with us via social media channels or community forums. We may record customer and technical support calls for training and monitoring purposes and to help resolve customer issues. We will tell you before recording and, where required by applicable laws, obtain your consent for the collection of these recordings. We collect and use this data based upon our business need to receive and act upon your feedback or issues.

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Surveys. Survey and Review Information: Any information you voluntarily provide to us (or otherwise publish) in connection with a survey you complete or review/testimonial you provide about WorkMode Services. We may collect this information to understand your opinions, better market our services, and to collect relevant information about our business.

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Other Information. Other User Information: Any other information that you may provide to us in connection with your use of WorkMode products or Services, and/or other contact that you have with the WorkMode team.

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2. Information that we collect automatically:

Information generated through use of the Services. This includes activities such as classes registered for and participated in, total workout output, workout speed, distance, and calories burned.

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Fitness Data. We may collect fitness data which may include information relating to your fitness performance and/or workouts, such as calories burned in a class. We carry out this processing for the purposes of providing workout recommendations to you based on our inferences about your preferences and practices, such as making recommendations about certain muscle group exercises based on your previous exercises. We do not use your Fitness Data for identification purposes.

Information from your device.

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Device Data: Information from and about the device you use when you use our Services including IP address, identifiers, type, mobile carrier, browser type and language, location (see below), and operating system.

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Usage Data: We may also collect information about how your device interacts with our Services, such as the content you access, pages and sites visited before and after you reach the Services, the date and time of your use, the amount of time spent on the Services, and other actions taken through the use of the Services such as preferences.

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Location Information. Depending on how you use the Services and your device settings, type, and connectivity, we may collect location-based information, including your IP address, GPS location, city, county, zip code, and region, and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. You will have the ability to opt in or out of our collection of location information by selecting the location and Bluetooth settings in your device, but this may affect your ability to use certain location-dependent Services (such as track your run functionality).

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Some of this information may be collected using Cookies and Similar Technologies as described below.

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3. Information we collect from other sources:

Other Applications. If you access our Services through a third-party application, such as the Apple App Store or Google Play App Store (together with any similar applications, "App Stores") or Social Networking Sites ("SNS") such as Instagram, Twitter, or Facebook, we may collect information about you from that Third-Party application that you have made public via your privacy settings. This may include: your name, your SNS user ID, your App Store user name, location, sex, birth date, email, profile picture, and your contacts on the SNS.

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Security. Security and Safety: We may collect certain information in order to protect and verify your information and our Services. This may include Device IP, Location, and other identifiers with a third-party application to ensure your safety and the security of your account.

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Other Sources. We may receive information about you from other sources to supplement the information provided by you. The supplemental information allows us to enhance our ability to provide you with information about our business, products, and Services and to provide you with any marketing communications that you have provided your consent to receive. Please see Your Rights below for how to unsubscribe.

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This may include:

• Marketing such as where we are conducting a joint marketing campaign with a selected partner and you have provided consent for us to receive your information or data resellers whose data may be used for research or marketing purposes.

• Publicly available sources

• Partners we work with may, with your consent, collect information from your use of other connected devices, such as those made by other companies, to interact with our Services, such as activity trackers.

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2. HOW WE USE PERSONAL INFORMATION

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We use your information for the following purposes:

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1. To provide you with the Services

2. To communicate with you

3. To send you marketing

4. For analytics, research, and product and Service improvement purposes

5. For quality assurance and training purposes

6. For personalization and advertising

7. To ensure the security and integrity of our Services

8. To comply with any applicable law and/or regulations

9. For any other lawful business purpose

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To provide you with the Services, WorkMode uses data to operate, improve, maintain, and personalize our Services. We use data to:

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10. Verify your identity, set up and maintain your account;

11. Process payments and fulfill product orders;

12. Provide access to class bookings and participation, workout tracking performance, and statistics;

13. Communicate and track your workout among other WorkMode Members;

14. Maintain our services and operations.

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To communicate with you, supporting and communicating with you when you require it, such as for:

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15. Administrative matters (such as account management, updates to terms, or system maintenance);

16. To provide you with information about our Services (such as product delivery and logistics, servicing, and technical support);

17. To respond to any questions, comments, or requests you have about our Services.

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To send you marketing, WorkMode uses data to market its Services, which may include:

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18. Contacting you by phone, email, postal mail, push notifications, in-app messages or SMS with information about news, offers, products, promotions, events, contests, and/or Services that might be of interest to you, as permitted by applicable law. This may include various usage data to send marketing communications that are personalized. Please see Your Rights below for how to unsubscribe.

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For analytics, research, and product and Service improvement purposes, WorkMode works every day to improve your experience by using data:

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19. Including monitoring and measuring your use of our Services and conducting research/surveys, to understand how they are being used and how they can be improved;

20. Financial analysis and analytics to understand billing, pricing, and other financial matters that can be improved.

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For quality assurance and training purposes, WorkMode puts members first, and we use data to further that value by:

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21. Monitoring communications and interactions with you to ensure the quality of our customer and technical support services, appropriate training of our people, and to resolve your complaints. We will provide notice and consent options for monitoring communications as required by applicable law.

For personalization and advertising, WorkMode uses data for personalization and advertising that may include:

22. Providing you with a personalized and tailored Service to serve you with WorkMode advertising on third-party properties;

23. To serve you with relevant advertising and content on our Services;

24. We may contract with third-party advertising companies and social media companies to display ads on their service. These companies may use cookies and similar technologies to track your activity, the information collected by these third parties in this manner is subject to that third party’s own privacy policies. We may also use aggregated information from these sources to create similar audiences in order to better target advertisements on their networks to potential consumers who appear to have shared characteristics.

25. Understanding and assessing the effectiveness of our ads displayed;

To ensure the security and integrity of our Services, providing a safe and secure environment is key to providing a responsible platform, and we do this by using data to:

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To comply with any applicable law and/or regulations, legal proceedings, we use data to investigate disputes or claims related to our Services. In certain circumstances, we may be obligated to use your information to respond to legal, government or regulatory requests.

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For any other lawful business purpose, including any incidental business purpose related to or in connection with any of the above, or for any other purpose disclosed to you at the point at which we collect your personal information.

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3. WHO WE SHARE YOUR PERSONAL INFORMATION WITH

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We may disclose your personal information to the following categories of recipients:

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Service Providers. Third-Party Service Providers and Business Partners: We may share your personal information with our third-party service providers (such as those who provide IT, analytics, payment processing, and customer sales, cloud storage providers, technical support, or delivery services), third-party business partners who otherwise process personal information for purposes that are described in this Policy (such as advertising and marketing partners, research partners, consultants) or who are otherwise disclosed to you when we collect your personal information (such as financing partners if you select this option during the checkout process). WorkMode does not share data with any providers and partners without a relevant data protection agreement in place.

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Third-Party Apps that you link to your WorkMode account. As part of the functionality of our Services, we offer pairing functionality to enable you to connect your WorkMode account with third-party applications such as Fitbit®, Apple®, Strava®, and similar applications. If you choose to connect your WorkMode account, we will share certain personal information with the paired application depending on what information you choose to share with such third-party apps or have otherwise been notified will be shared during the pairing process. The information may include information generated through your use of the Services (i.e. workout information) and other contact and profile information. The processing of your personal information by such third-party applications shall be governed by the privacy policies of those third parties.

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Competent Law Enforcement Bodies, Regulators, Government Agencies, Courts, or other Third Parties. We may share your personal information, including, with competent law enforcement bodies, regulators, our insurers, external legal advisors, government agencies, courts, or other third parties where we believe disclosure is necessary: (i) to comply with applicable law; (ii) to exercise, establish, or defend our legal rights (including to collect amounts owed to WorkMode); (iii) to protect your rights or vital interests or those of any other person; or (iv) to detect, prevent or otherwise address security, fraud, or technical issues.

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Potential Buyers (and their agents and advisors). We may share your personal information with actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, provided that we inform the buyer or transferee that it must use your personal information only for the purposes disclosed in this Privacy Policy.

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4. COOKIES AND SIMILAR TRACKING TECHNOLOGIES

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We use cookies and similar tracking technologies such as pixel tags/web beacons and social media widgets (collectively "Cookies") to collect and use personal information about you, including for analytics purposes and to serve you interest-based advertising.

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When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to, or to provide a more personalized web experience.

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We, as well as third parties that provide content, advertising or other functionality on our Services, may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information. This Cookies Policy explains the Technologies that we use, how we use them and details on how you can manage your preferences.

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We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.

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Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

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Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

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Social Media Widgets. The Site includes social media features such as links to Facebook, Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as, the Share This button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.

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Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can optout of Google’s collection and Processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.

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Our uses of such Technologies fall into the following general categories, purposes and some examples:

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TYPE: Strictly Necessary

PURPOSE: These cookies are necessary to make our website work and to provide you with its core features, such as access to secure areas. Without these cookies, we could not provide you with the service you have requested (like retaining your privacy preferences or login details). You can set your browser to block or alert you to these cookies, but if you do so parts of our website will not work.

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TYPE: Functional

PURPOSE: These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function.

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TYPE: ADVERTISING

PURPOSE: We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our websites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. If you do not allow these cookies, you will experience less targeted advertising.

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TYPE: PERFORMANCE

PURPOSE: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and may be anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.

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If you would like to opt-out of the Technologies we employ on our sites, Services, applications or tools, you may do so by either:

• updating your preferences by clicking on the Cookie Settings link below; or

• blocking, deleting or disabling them as your browser or device permits.

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Please note that:

• blocking, deleting, or disabling these Technologies may affect the functionality of our sites, Services, applications and tools, and prevent you from being able to access certain features; and

• cookie-based opt-outs are not effective on mobile applications.

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However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings. These cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device.

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Advertisements on third party websites that contain the AdChoices link, and that link to our Privacy Policy, may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

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You may opt out and we honor certain technologies broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) depending on the state you reside in. This occurs on the browsers and/or browser extensions that support such a signal. This request will be linked to your browser identifier only.

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5. HOW TO CONTACT US If you have any questions about our privacy practices, this Cookies Policy or would like to contact us by email at support@workmodeapp.com or at the addresses below.

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WorkMode

651 N Broad St. Suite 201

Middletown, DE 19709

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We may update our Cookies Policy from time to time. When we do, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Cookie Policy changes if and where this is required by applicable data protection laws. You can see when this Cookies Policy was last updated by checking the "last updated" date displayed at the top of this notice.

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5. FITNESS DATA

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"Fitness Data" means any information relating to your fitness performance and/or workouts, such as calories burned, miles run, length of workout, etc. We do not use or process your Fitness Data for identification purposes.

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Why we process your information?

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1. Analyze your performance: As part of our core offering, we use Fitness Data to compare your past and current performance and to provide you with analytics about your progress over time.

2. Provide workout recommendations: We may recommend workouts to you based on our inferences about your preferences and practices, including, for example, recommendations about certain muscle group exercises that are based on your previous exercises. Recommendations include information derived from Fitness Data we collect from you.

WorkMode will not disclose, redisclose, or otherwise disseminate Fitness Data unless:

3. Authorized by you or your authorized representative;

4. In aggregated and anonymized formats to assist us and our service providers, vendors, or partners in providing services to you;

5. Required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction; or

6. As required under applicable law, necessary for the establishment, exercise, or defense of legal claims wherever courts are acting in their judicial capacity.

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7. YOUR RIGHTS

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At WorkMode, we put Members first and respect your ability to exercise your privacy rights and choices. Where possible, we give you control over the personal data we collect about you, to ensure it is accurate and reflects your preferences. Depending on the country or U.S. state in which you are located, we respect your ability to know, access, correct, transfer, restrict the processing of, and delete your personal data. Please note that those rights do not always apply and there are certain exceptions to them.

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Please also be advised that we continue to maintain some of your personal data where permitted by law, and that such information has not been deleted from WorkMode systems. We retain your personal information where it is necessary for us to:

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1. Complete the transaction for which the personal information was collected, provide a good or service that you have requested or reasonably anticipated within the context of our ongoing business relationship, or otherwise perform a contract between you and WorkMode;

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;

3. Debug to identify and repair errors that impair existing intended functionality;

4. Comply with a legal obligation, existing warrant, or litigation hold.

Please note that if you delete your account, this will result in the deletion of your WorkMode account and all associated information, including workouts and achievements.

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We will also confirm your identity before acting on your requests. We may not be able to respond to your request or provide you with personal data if we cannot verify your identity or the authority to make the request on someone else’s behalf.

5. Consent: If we have collected and process your personal information with your consent (including any sensitive or special category data), then you can withdraw your consent at any time by using settings on the WorkMode product or App (as applicable), via settings on your device or by contacting us using the details provided under How To Contact Us.

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6. Direct Marketing: We may send marketing communications for purposes disclosed to you (including as specified in section 2 above) and, where required by applicable law, with your consent. You can unsubscribe from direct marketing at any time by following the instructions below or by contacting us using the details provided under the How To Contact Us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Unsubscribe options are provided in electronic marketing communications as required by applicable law.

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Email, SMS, and Telephone: You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided under the How To Contact Us. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding WorkMode and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy). If you opt in, you will receive text messages from WorkMode. “WorkMode Account” text messages are non-promotional messages from WorkMode alerting you to important information, like the details of your delivery, failed subscription payments and other alerts related to your WorkMode subscription or purchases. To opt-out of receiving “WorkMode Account” text messages, text STOP to the number from which you received the message (73586 in the US). We will send you one final message to confirm that you have been unsubscribed, and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you experience any issues with text messages from WorkMode, text HELP to the relevant number referenced above or email our Support team at support@workmodeapp.com

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Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.

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We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists within the timescales required by law.

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Push Notifications: If you opt-in on your device, WorkMode may occasionally send you push notifications through our Apps with updates, achievements, and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device.

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8. DATA RETENTION

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WorkMode retains the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain the personal information as described above, we will destroy, erase, or de-identify it.

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Legal requirements, however, may require us to retain some or all of the personal information we hold for a period of time that is longer than that for which we might otherwise hold it.

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9. SECURITY OF YOUR INFORMATION

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We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical, and physical safeguards (which vary depending on the sensitivity of the personal information) designed to protect against unauthorized access, disclosure, alteration, and destruction of your personal information.

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10. LEGAL BASIS FOR PROCESSING

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Our legal basis for collecting and using the personal information described above will depend on the personal information concerned, applicable laws, and the specific context in which we collect it.

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However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you (such as to provide our Services), (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

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If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

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If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Services, to communicate with you as necessary to provide our Services to you, and for our legitimate commercial interests such as responding to your queries, improving our products and Services, undertaking marketing, or detecting and preventing illegal activities. We may have other legitimate interests, and we will make clear to you at the relevant time what those legitimate interests are. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, you can contact us using the details provided under the How To Contact Us section below.

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11. CHILDREN’S PRIVACY

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WorkMode Services are not directed to, or intended for, children. We do not knowingly collect personal information directly from children who do not meet the minimum age requirement applicable in your jurisdiction, and if you do not meet the age requirements as specified in our Terms of Service.

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If we become aware that we have collected personal data from a child under the minimum age, we promptly delete the personal data.

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13. HOW TO CONTACT US

If you have any questions about our privacy practices, this Privacy Policy, or would like to contact us or our Data Protection Officer, you can do so by email at support@workmodeapp.com or at the addresses below.

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U.S. and Canadian Residents:

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