Privacy Policy


Paradigm Health and Wellness. Inc. is committed to protecting your privacy. This privacy statement discloses what information we gather about you when you visit www.paradigmhw.com, fitnessreality.com, mycloudfitness.com or any of our other sites (our "Web Sites"). It also describes how we use that information. If you have any questions or concerns about our Privacy Notice, please email us at privacy@paradigmhw.com.

Paradigmhw.com Privacy Notice

By visiting the above Web Sites you agree to accept the practices described in this Privacy Notice.

Changes to this Privacy Notice and Terms of Use:

This Privacy Notice and our Terms of Use will change over time and the use of information which we gather now is subject to these Notices and Terms as modified. Please check this page periodically as you continue to use our site to see if any changes have been made.

Information Collected By Paradigm:

Paradigm uses information that we collect from our visitors to personalize and improve your visit at our Web Sites. We gather the following types of information:

Information you give us:

Paradigm collects any information which you enter on our Web Sites. This includes, without limitations, information you provided when you search, buy, participate in our on-line survey, input data into MyCloudFitness, post testimonials of your user experience with our products, or when you communicate with any of our departments such as customer service, sales or technical services through our Web Sites, telephone, mail or fax. You also provide information when you establish an account with us. Examples of the type of information you may supply us with include your name, address, telephone number, credit card information, e-mail addresses, and financial information.

Automatic Information collected by us:

We collect some Personal Data from you. You may be subject to different protection standards and sobroader standards may therefore apply to some of you. This document has a section dedicated to Californian consumers and their privacy rights.

Types of Data collected

We collect all information you give us. Among the types of Personal Data that we collect or through third parties, there are: Usage Data; Cookies; Data communicated while using the service; first name; last name; email address; date of birth; address; city; country; ZIP/Postal code; gender; state; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); various types of Data; geographic position; general activity data; body measurements & indexes; movement activity; food related activity ; sleeping activity; heart rate and other vital data; blood type; Camera permission; Precise location permission (non-continuous); Microphone permission; Phone permission; Sensors permission; Storage permission; HomeKit permission; Bluetooth sharing permission; Social media accounts permission; Media Library permission (Music); Photo Library permission; Health Data read permission; Health Data update permission ; device information; geography/region; number of Users ; number of sessions; session duration; In-app purchases; Application opens; Application updates; first launches; operating systems.

Legal basis of processing

We may process Personal Data relating to you if one of the following applies:
● You have given your consent for one or more specific purposes. Note: Under some legislations we may be allowed to process Personal Data until you object to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases.
● provision of Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
● processing is necessary for compliance with a legal obligation to which the we are subjected;
● processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
● processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Retention time

Personal Data shall be processed and stored for as long as required for the purpose they have been collected for, to be determined at our full discretion.
Therefore:
● Personal Data collected for purposes related to the performance of a contract between you and us shall be retained at least such contract has been fully performed.
● Personal Data collected for the purposes of our legitimate interests shall be retained as long as needed to fulfill such purposes. You may find specific information regarding the legitimate interests pursued by us within the relevant sections of this document or by contacting us.
● processing is necessary for compliance with a legal obligation to which the we are subjected;
● processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
● processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

We may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing, as long as such consent is not withdrawn. Furthermore, we may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning you is collected to allow us to provide our Service, comply with our legal obligations, respond to enforcement requests, protect our rights and interests (or those of yours or third parties), detect any malicious or fraudulent activity, as well as the following: Displaying content from external platforms, Remarketing and behavioral targeting, Interaction with live chat platforms, Advertising, Interaction with external social networks and platforms, Managing data collection and online surveys, Content commenting, Registration and authentication, Analytics, Access to third-party accounts, Hosting and backend infrastructure, SPAM protection, Platform services and hosting, Managing support and contact requests, Managing contacts and sending messages, Location-based interactions, Interaction with data collection platforms and other third parties, Handling payments, Handling activity data and Device permissions for Personal Data access.

Cookie Policy of Our Web Sites and MyCloudFitness

Whenever you visit our Web Sites we collect and store information such as "cookies" which remember information about a visitor from one page to the next and from one visit to the next. We collect the IP address used to connect your computer to the Internet; computer and connection information such as your browser type; purchase history; confirmation when you open email we send you; the URLs which lead you to and around our Web Sites including the date and time; the pages and or products you viewed or searched for and telephone number used to call our voice telephone numbers. Your browser allows you to reject cookies and software is available from third parties which will allow you to visit our Web Sites without providing this information. You are welcomed at our Web Sites if you use this software. Orders: If you place an order, we use an order form which requires you to provide contact, billing, and financial information. This Information is transmitted to your credit card company to authorize your purchase.

Some of the purposes for which identifiers are used may also require your consent. Whenever consent is given, it can be freely withdrawn at any time following the instructions provided in this document.

Activities necessary for the operation of of Our Web Sites and MyCloudFitness and delivery of the Service

We use cookies or other identifiers to carry out activities that are necessary for the operation or delivery of the service and, therefore, your are deemed to have given consent by use of the service. You can disable such identifiers by modifying their browser or device settings as described in more detail within this document, but this may affect core operational functions or result in the unavailability of the service.

Facebook permissions asked by us

We may ask for some Facebook permissions allowing us to perform actions with your Facebook account and to retrieve information, including Personal Data, from it. This service allows us to connect with your account on the Facebook social network, provided by Facebook Inc.

For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy.

Device permissions for Personal Data access

Depending on your specific device, we may request certain permissions that allow us to access your device Data as described below.

By default, these permissions must be granted by you before the respective information can be accessed. Once the permission has been given, it can be revoked by you at any time. In order to revoke these permissions, You may refer to the device settings or contact us for support. The exact procedure for controlling app permissions may be dependent on your device and software.

Please note that the revoking of such permissions might impact the proper functioning of MyCloudFitness.

Other activities

Basic interactions & functionalities

We use cookies or other identifiers to enable basic interactions and functionalities, allowing you to access selected features of the service and facilitating your communication with us.

Experience enhancement

We use cookies or other identifiers to provide a personalized user experience by improving the quality of preference management options, and by enabling interaction with external networks and platforms.

Measurement

We use cookies or other identifiers to deliver personalized marketing content based on your behavior and to operate, serve and track ads.

Targeting & Advertising

We use cookies or other identifiers to measure traffic and analyze your behavior with the goal of improving services.

How to provide or withdraw consent

You can provide or withdraw consent to the use of cookies and other identifiers by setting your preferences within the cookie notice or by updating such preferences via the relevant consent-preferences widget accordingly, if available.

Additionally, you can manage preferences regarding identifiers directly from within your own device settings and prevent – for example – the storing of third-party identifiers. It is also possible, via relevant browser or device features, to delete previously stored Identifiers, including those used to remember your initial consent. You can, for example, find information about how to manage identifiers in the most commonly used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.

With regard to any identifiers stored by third parties, you can manage your preferences and withdraw your consent by clicking the related opt-out link (where provided), by using the means indicated in the third party's privacy policy, or by contacting the third party.

Not with standing the above, you are hereby informed that you may follow the instructions provided by the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), or other similar services. Such initiatives allow you to select your tracking preferences for most of the advertising tools. We thus recommend that you make use of these resources in addition to the information provided in this document.

Our Use and Sharing of Information with Third-Parties:

Credit card companies and shippers: When you buy something from us we send your credit card information, name, billing address, the amount of your purchase, etc. to your credit card company to verify and authorize the purchase. Your name, telephone number and shipping information must be provided to third party shippers such as Federal Express and other carriers and shippers.

Affiliated Businesses of Paradigm Health & Wellness, Inc.:

We may share any information that you supply to us with any affiliated business that is substantially controlled by Paradigm. Any information that is shared this way will be subject to this Privacy Notice.

Independent Contractors:

We may employ other companies or individuals to provide certain services to us such as sending e-mail, analyzing customer lists and data, providing marketing assistance, or consulting services. These third parties will have access to the information needed to perform their functions but cannot use that information for any other purpose.

Link to Third Party Site:

Our Web Site may contain links to third party sites. Paradigm is not responsible or liable for the privacy practices or content found on these sites. We suggest that you check the Privacy Notice of each site you visit.

We will use the information you provide to improve products and services, develop new products or features, and conduct audits and troubleshooting activities. We also use information collected from cookies and other technologies to improve your user experience and the overall quality of our products and services. You specifically agree that we may use your testimonials of our products, including the use of your registered name, for all marketing and promotional purposes at our full discretion, and that any and all testimonials you provide about our products is and becomes the property of Paradigm. You further specifically agree that all biometric and biofeedback information you provide into mycloudfitness and any of our Web Site, is and becomes the property of Paradigm, to be used and transferred at Paradigm’s full discretion for research, developmental, comparative, statistical, marketing, and general commercial purposes.

Law Enforcement and Protection of Users:

We will release personally identifiable information to third parties and organizations when we believe it is appropriate for us to do so to comply with the law. We will also do so to cooperate with law enforcement investigations, to comply with court orders or subpoenas, to protect our legal rights and that of our users, or when we believe it is needed for fraud protection and/ or credit risk reduction.

Business Transfer:

In the event that Paradigm is sold or has substantially all of its assets acquired or merged or becomes affiliated with any other Individual or entity, any customer information owned or under the control of Paradigm may be one of the transferred assets.

Children's Online Policy

Paradigm's Web Sites are intended for use by users who are eighteen (18) years of age. Any use of or access to our Web Sites or services relating to our Web Sites by anyone under eighteen (18) without the express permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these Terms of Use and Privacy Policy. By using any of our Web Sites, you represent and warrant that you are eighteen (18) or older, or that your parent or guardian has expressly given you permission and that you agree to abide by these Terms of Use.

Our Web Sites and services are not designed or intended for use by non-adults. If you are under eighteen (18), you may not make any purchase or submit any personally identifiable information to us. If you are younger than (18) years of age and have posted information on any of our Web Sites, you may contact us to have the information you posted removed by writing to the address as follows: Paradigm Health & Wellness, Inc., Attention: Manager of Online Privacy, 1189 S Jellick Ave, City of Industry, CA 91748, or call us at (866) 924-1688.

Paradigm Web Sites do not knowingly collect or use any personal information from children younger than 13 . We do not knowingly allow children to order our products, communicate with us, or use any of our online services. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified above, and we will work with you to address this issue.

GOVERNING LAW.

Paradigm Web Sites services relating to our Web Sites are controlled by us from our offices within the State of California, United States of America. Regardless of where you reside, by using our Web Sites and services you agree that the statutes and laws of the State of California, without regard to the any conflicts of laws principles, will apply to all matters relating to the use of our Web Sites and the purchase of our products and services (including, without limitations, any damages arising from the use of products and services so purchased or terms of use and privacy policy) available through our Web Sites. You agree to commence or prosecute any action against us (whether subject to the arbitration provision herein or not) in the State of California, for the County of Los Angeles, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction.

ARBITRATION.

You acknowledge and agree that for any and all dispute arising from the use of our Web Sites and services (including, without limitations, damages resulting from the use of our products and services, terms of use and privacy policy) you shall submit any such disputes to binding and final arbitration in the State of California, for the County of Los Angeles, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance of these terms of use and privacy policy, under the Rules of Arbitration of the American Arbitration Association applying California law.

NO CLASS ACTIONS.

You acknowledge and agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these terms of use.

Information for Californian consumers

This part of the document integrates with and supplements the information contained in the rest of the privacy policy and that provided by the business running MyCloudFitness and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

The provisions contained in this section apply to all Users who are consumers residing in the state of California, United States of America, according to "The California Consumer Privacy Act of 2018" (Users are referred to below, simply as “you”, “your”, “yours”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy.

This part of the document uses the term “personal information“ as it is defined in The California Consumer Privacy Act (CCPA).

Categories of personal information collected, disclosed or sold

In this section we summarize the categories of personal information that we've collected, disclosed or sold and the purposes thereof.

Information we collect: the categories of personal information we collect

We have collected the following categories of personal information about you: identifiers, personal financial information such as credit card numbers, California Consumer Records Statute information, commercial information, biometric information, internet information, geolocation data, sensorial information,professional and employment related information and inferred information.

How we use the information we collect: sharing and disclosing of your personal information with third parties for a business purpose

We may disclose the personal information we collect about you to a third party for business purposes. In this case, we enter a written agreement with such third party that requires the recipient to both keep the personal information confidential and not use it for any purpose(s) other than those necessary for the performance of the agreement.

We may also disclose your personal information to third parties when you explicitly ask or authorize us to do so, in order to provide you with our Service.

Sale of your personal information

For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer's personal information by the business to another business or a third party, for monetary or other valuable consideration”.

This means that, for example, a sale can happen whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like.

Your right to opt out of the sale of personal information

You have the right to opt out of the sale of your personal information. This means that whenever you request us to stop selling your data, we will abide by your request. Such requests can be made freely, at any time by following the instructions below.

Instructions to opt out of the sale of personal information

If you’d like to know more, or exercise your right to opt out in regard to all the sales carried out by any of our Web Sites or MyCloudFitness, both online and offline, you can contact us for further information using the contact details provided in this document.

Information we collect: the categories of personal information we collect

If you’d like to know more, or exercise your right to opt out in regard to all the sales carried out by any of our Web Sites or MyCloudFitness, both online and offline, you can contact us for further information using the contact details provided in this document.

What are the purposes for which we use your personal information?

We may use your personal information to allow the operational functioning of any of our Web Sites or MyCloudFitness and features thereof (“business purposes”). In such cases, your personal information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and within the limits of compatible operational purposes.

We may also use your personal information for other reasons such as for commercial purposes, as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened or we suffer an actual damage.

Your California privacy rights and how to exercise them

The right to know and to portability

You have the right to request that we disclose to you:

● the categories and sources of the personal information that we collect about you, the purposes for which we use your information and with whom such information is shared;
● in case of sale of personal information or disclosure for a business purpose, two separate lists where we disclose:
   ○ for sales, the personal information categories purchased by each category of recipient; and
   ○ for disclosures for a business purpose, the personal information categories obtained by each category of recipient.

The disclosure described above will be limited to the personal information collected or used over the past 12 months.

If we deliver our response electronically, the information enclosed will be "portable", i.e. delivered in an easily usable format to enable you to transmit the information to another entity without hindrance – provided that this is technically feasible.

The right to request the deletion of your personal information

You have the right to request that we delete any of your personal information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on any of our Web Sites or MyCloudFitness, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.).

If no legal exception applies, as a result of exercising your right, we will delete your personal information and direct any of our service providers to do so.

How to exercise your rights

To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided in this document.

For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:

● provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative;
● describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession actually relates to you.

If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf.

You can submit a maximum number of 2 requests over a period of 12 months.

How and when we are expected to handle your request

We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.

We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.

Our disclosure(s) will cover the preceding 12 month period.

Should we deny your request, we will explain to you the reasons behind our denial.

We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.

Contact Us

If you are a California consumer and you would like to exercise your privacy rights, you may contact us by emailing us at privacy@paradigmhw.com, or by sending a letter to the following address:

Paradigm Health & Wellness, Inc.
1189 Jellick Ave
City of Industry, CA 91748 USA