Consumer Health Data Privacy Policy

This Consumer Health Data Privacy Policy is provided by BOGERT CSN 443, LLC, doing business as Refactor Fitness ("Refactor Fitness", "we", "us", "our"). It describes how we collect, use, and share consumer health data through the Refactor Fitness application (the "Service").

1. Categories of Consumer Health Data We Collect

"Consumer health data" means personal information that is linked or reasonably linkable to you and that identifies your past, present, or future physical or mental health status. The following are the categories we collect:

• Body measurements: height, weight, age, goal weight, calculated basal metabolic rate (BMR).
• Biological sex (optional): self-reported sex, used solely to estimate resting calorie burn. You may decline to provide this.
• Health-platform data: weight, body composition (body fat percentage), and activity readings imported from Apple Health or Google Health Connect, only when you grant permission.
• Nutrition and dietary data: food entries, calorie intake, macronutrients (protein, carbs, fat, fiber, sugar, sodium), water intake, and alcohol consumption. Meal-scan photos submitted for AI macro estimation are processed transiently (see §1A below) and are not stored as part of your nutrition record.
• Fitness and exercise data: workout logs, exercise sets and reps, personal records, workout templates, cardio sessions, and streak data. Workout photos submitted for AI workout import and gym photos submitted for AI equipment identification are processed transiently (see §1A below) and are not stored as part of your fitness record.
• Fasting data: fasting start and end times, durations, and history.
• Health-related goals: calorie targets, macro targets, weight goals, water goals, activity-level preferences, and training goals you choose to set.
• Allergy and dietary restriction data: food allergies, dietary restrictions, cooking-skill level, and related coaching preferences.
• Injury and limitation data: self-reported injuries or physical limitations used to personalize workout recommendations.
• Medication, supplement, and timeline data: dated entries you choose to add to your progress timeline, such as starting, changing, or stopping a medication (including prescription medications and peptides) or supplement, with any name, amount, unit, and notes you enter.
• AI conversation data: messages exchanged with Spot, the in-app AI assistant, which may include discussions about your health goals, dietary needs, and fitness concerns.

Photos we do not collect or store. Refactor Fitness does not collect or store body photos, progress photos, personal-record photos, or measurement photos. The features that previously offered those photos have been removed. The only user-supplied photos that touch our systems are (a) meal-scan photos processed transiently for AI macro estimation (see §1A), (b) feedback photos you choose to attach when you submit an in-app support request (see §1B), (c) workout photos processed transiently for AI workout import (see §1A), and (d) photos of your training space ("gym photos") processed transiently for AI equipment identification (see §1A).

1A. Transient Processing of Meal-Scan, Workout, and Gym Photos

You can submit a photo so that Spot can estimate macros for a food entry (a meal-scan photo), build a workout template from a written workout (a workout photo), or suggest additions to your equipment list from your training space (a gym photo). In each case the photo is processed transiently, in the same way:

• Before the image leaves your device, the app re-encodes it, which removes embedded file metadata such as GPS location and camera details. This does not remove anything visible in the photo itself.
• The image is uploaded to private storage inside Refactor Fitness's AWS infrastructure in the United States.
• An AI model operated by one of our named AI sub-processors reads it. Spot reads only what the feature needs: the food in a meal photo, the text of a written workout, or the equipment items in your gym. Gym photos are processed only by AI models hosted inside Amazon Web Services (Amazon Bedrock).
• Only the result is kept: the macro estimate on your food entry, the parsed exercises in a template you can review and edit, and the equipment you approve on your equipment list. The image itself is not saved to your account or any user-facing record.
• Deletion is attempted as soon as the feature no longer needs the image — immediately after a successful analysis, and when you discard a gym scan. Anything not removed that way is permanently deleted by an automatic expiration rule within 72 hours.

These photos are not used to train any AI model, are not used for advertising, and are not shared with any third parties other than the processors identified in §4. We do not attempt to identify or recognize any person in these photos, and we do not generate, extract, or store facial geometry, face templates, or any other biometric identifier from them. If a person is in the frame, the AI model receives the image as a whole, but nothing about that person is detected, described, extracted, or retained.

1B. Feedback Photos

If you submit an in-app support request (for example, a bug report or feature request) and choose to attach a screenshot, that feedback photo is stored in a separate, private S3 prefix solely so that the support team can review and respond to your request. Feedback photos:

• Are submitted only when you tap "Submit feedback" and voluntarily attach an image.
• Are retained on a 7-day time-to-live (TTL); S3 lifecycle policy automatically deletes them after 7 days.
• Are also included in the prefix sweep performed when you delete your account or withdraw your health-data consent, so they are removed at that time even if the 7-day TTL has not yet elapsed.
• Are not used to train any AI model, are not used for advertising, and are not shared with third parties other than AWS as described in §4.

2. Sources of Consumer Health Data

• Directly from you when you log a meal, workout, fasting session, weight, body measurement, timeline entry, or chat message, when you set a training goal, or when you submit a meal-scan photo for transient AI macro estimation, a workout photo for transient AI workout import, or gym photos for transient AI equipment identification.
• From Apple Health or Google Health Connect when you have explicitly connected those services and granted permission.
• Derived by us from data you provide (for example, BMR and macro splits calculated from your weight, height, age, sex, and goal, and estimated strength levels and progress or pace toward a training goal computed from your logged workouts and measurements).

3. How We Use Consumer Health Data

We use consumer health data only for the following purposes:

• Provide the core nutrition, workout, fasting, and progress-tracking features you have requested.
• Sync your data across your devices.
• Calculate fitness metrics such as BMR, macro targets, personal records, and trends.
• Generate AI workout, nutrition, and coaching suggestions through Spot, including suggesting equipment for your equipment list from gym photos you submit, only when you have enabled AI features and only as described in our AI features & your data FAQ.
• Maintain the security and integrity of your account and the Service.

We do not use consumer health data for advertising, marketing, profiling, sale, or to train any AI or machine-learning model.

4. With Whom We Share Consumer Health Data

We share consumer health data only with the specific named processors listed in our FAQ, only as necessary to provide the Service, and only under contracts that limit their use of the data to providing and protecting their service, as described in that list.

Consent gate: Product Analytics and Crash Reporting are default-on. You may turn it off in Profile > Settings > Privacy. Turning off analytics does not delete data already transmitted. Use Delete My Analytics Data (Profile > Settings > Privacy) to request deletion of previously transmitted data.

MHMDA sub-processor authority: Google LLC is an authorized sub-processor under a Google Data Processing Agreement consistent with our obligations under WA RCW 19.373. Google processes app telemetry solely to provide the app stability and improvement services described in this policy. No consumer health data is processed by Google for any other purpose. See Firebase Privacy Policy.

We do not share consumer health data with advertisers, data brokers, advertising networks, or social media platforms.

5. Sale of Consumer Health Data

We do not sell consumer health data. We have never sold consumer health data. We will not sell consumer health data without first obtaining your specific, valid authorization, separate from any other consent. The valid-authorization requirements of RCW 19.373.070 will apply.

6. Geofencing

We do not use geofencing around any healthcare facility or any other location for any purpose, including identifying or tracking consumers, collecting consumer health data, or sending advertising or notifications relating to consumer health data.

7. Your Rights

You have the following rights regarding the consumer health data we process about you:

• Right to confirm and access: confirm whether we are processing your consumer health data and obtain a copy of that data, including the categories of third parties and specific affiliates with whom we have shared it.
• Right to delete: request that we delete your consumer health data. We will honor this request and notify every processor with whom we have shared your consumer health data, as RCW 19.373.040 requires. Where an AI processor holds a short-lived abuse-monitoring copy of a request (see §4), that copy is deleted on the processor’s own schedule — typically within 30 days — rather than on individual request.
• Right to withdraw consent: withdraw consent for the collection, sharing, or processing of your consumer health data. Withdrawing consent must be at least as easy as granting it. You can withdraw consent in-app at any time (Profile > Settings > Privacy > Withdraw Health Data Consent), without phone calls, paperwork, or contacting support.
• Right to appeal: if we deny a request, you have the right to appeal. See §9 below.

Disconnecting a health integration vs. withdrawing consent

These are separate actions with different effects:

• Disconnecting Apple Health or Google Health Connect (Profile > Health Integrations) stops future imports of weight, body composition, and activity data. It does not delete readings that were already imported into Refactor — those remain in your history so your trends and charts stay intact.
• Withdrawing consent (Profile > Settings > Privacy > Withdraw Health Data Consent) deletes all consumer health data already stored in Refactor — including imported health-platform readings, all logs, and AI conversations — and stops future collection. Withdrawing consent also turns off AI features (which depend on health data being available), which means no further meal-scan, workout, or gym photos can be submitted for transient AI processing.

8. How to Exercise Your Rights

You can exercise your rights in any of the following ways:

• In the app (fastest): Profile > Settings > Privacy > Withdraw Health Data Consent (delete consumer health data only) or Profile > Settings > Delete Account (delete everything). Profile > Export Data lets you download a copy.
• By email: privacy@refactorfitness.app. Include the email address associated with your account and a brief description of what you are requesting. We will verify your identity by confirming you control the account email.
• By mail: see Terms of Use §23 (Contact Us).

We will acknowledge your request within 10 days and respond substantively within 45 days. If your request is complex or numerous, we may extend that period by an additional 45 days, in which case we will notify you of the extension and the reason for it.

9. Right to Appeal

If we deny your request, our written response will explain why and will tell you how to appeal. To appeal, reply to that written response or email privacy@refactorfitness.app with the subject line "Privacy Appeal" within 60 days of our decision. We will review the appeal and respond in writing within 45 days, explaining our reasoning and any actions taken.

If we deny your appeal, you may submit a complaint to the Washington State Attorney General at www.atg.wa.gov/file-complaint.

10. Data Retention

We retain consumer health data while your account is active. After you delete your account or withdraw health-data consent, we permanently delete consumer health data from our production systems within 30 days. Encrypted backups age out within 35 days. Only limited non-consumer health data is retained for record retention purposes.

Copies of AI requests held by an AI processor solely for abuse monitoring (see the sub-processor list in our FAQ) are outside our production systems and are deleted on that processor’s own schedule — typically within 30 days of the request, and longer only where required by law or reasonably necessary to protect its service or others from harm.

11. Security

Consumer health data is encrypted at rest (AES-256) and in transit (TLS 1.2 or higher). Access to production systems is limited to authorized personnel acting on a need-to-know basis. See Privacy Policy §4 for additional detail.

12. Changes to This Policy

We may update this policy. The version number and effective date at the top of this page reflect the most recent revision. If we materially change the categories of consumer health data we collect, the categories of recipients with whom we share it, or the purposes of processing, we will notify you and obtain your renewed consent before the change applies to you.

13. Contact Us

BOGERT CSN 443, LLC d/b/a Refactor Fitness
Email: privacy@refactorfitness.app
Mailing address: see Terms of Use §23 (Contact Us).