Tally Privacy Policy

We may collect personal information that you provide when you:

• Visit our Website or App.
• Use our Services.
• Register and/or login through our Website or App.
• Sign up for our email updates.
• Provide reviews or testimonials.
• Contact us.

Information you provide:

• Basic identifying information such as name, email, date of birth, and other identity authentication data.
• Usernames and passwords used in connection with App account creation.
• Preferences and other profile information, including profile photo and bio.
• Electronic or visual information provided via video recordings.
• Coarse location when you geotag your posts.
• Social connections, such as friends, followers, and accounts you follow.
• You may enable us to access your contact directory and associated contact information to connect with your contacts via the App and/or via other communications methods to invite your contacts to use the App.
• User-generated content such as photos, reviews, testimonials, and other content you submit on our App or through social media references.
• Any information shared when contacting customer service, including communications via email, chat, or phone.

Information we automatically collect:

• Workout metadata such as exercise type, repetitions, durations, and timestamps.
• Metadata and analytics for your use of our Website, App, and Services, including IP address, device information, date/time of visits, new or returning visits, products viewed, page response times, URL clickstreams, how long you stay on our pages, what you do on those pages.

Information from third parties:

• When you interact with our Website, App, or through our brand on a social media platform, we may collect certain information that you make available to us through these platforms such as website referral metadata, your social media account ID, your social media ‘likes’, click-throughs to our Website, App, or custom interactions.

We may also collect additional personal information with your consent.

We use the personal information we collect for the following purposes:

• To provide and improve our Website, App, and Services including capturing and converting videos into shared app events.
• For customer support.
• To communicate with you, including via our email newsletter and push notifications on the App.
• For marketing or promotional purposes.
• For other business and legal purposes, such as to detect and prevent fraud, to collect amounts owing to us, and to maintain business records.
• For any other purpose with your express consent.

We may disclose your information with your consent, notably whenever you post a video or otherwise share your app-specific activities. We may also disclose your information with our corporate affiliates, as well as vendors or service providers, which includes:

• Workout videos and related data to Supabase, Inc., who stores your videos on our behalf. The contents of the videos will not be used for any purpose other than to support our Services.
• Login credentials and authentication data to Clerk, Inc., who processes credentials and identifiers on our behalf to secure our App and Services.
• Contact information to businesses and service providers who help us communicate with you. For example, we disclose your information to Resend, Inc. who helps us send our newsletters.
• User-generated content (including text content) to OpenAI, Inc., who provides artificial-intelligence powered content moderation. The contents of the personal communications will not be used for any purpose other than to support our Services, but are also subject to OpenAI's terms of service and privacy policy.
• Automatically collected information associated with use of our App, website and communications in conjunction with service providers who manage and optimize our Website, App, and Services.
• For any other purpose with your express consent.

In addition, we may disclose your personal information in order to:

• Protect the legal rights of our company, our employees, our agents, and our affiliates.
• Protect the safety and security of our customers.
• Detect and protect against fraud.
• Comply with law or legal process. For example, in certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet law enforcement requirements or a court order, subpoena, or other judicial, administrative, or investigative proceedings.
• Conduct due diligence or complete a legal transaction related to the sale of our business or any assets. For example, we may disclose your personal information with potential acquirers, mergers, or partners exclusively to evaluate the proposed business transaction or organization change. You will be notified via email and/or a prominent notice on our Website of any change in ownership or materially different uses of your personal information, as well as any choices you may have regarding transfers of your personal information.

We may disclose de-identified, aggregate, or anonymous information for any purpose. This means that the information does not identify specific individuals.

You have the right to exercise the following choices with our use of your personal information:

• Access or correct the personal information we maintain about you.
• Delete the personal information we maintain about you. You may also delete your account through our App's settings. Please note we may be required by law to retain certain information in compliance with accounting, tax or other legal obligations.
• Opt out of certain uses of your personal information, notably:
  • Marketing Emails:To opt out of marketing e-mail communications, you may click the ‘unsubscribe’ link in the marketing emails. We may continue to send you non-commercial service messaging if legally necessary.
  • Push Notifications:To opt out of push notifications from our App on iOS, open the Settings app, tap Notifications, and select our App to toggle the ‘Allow Notifications’ switch to the off position. To opt out of push notifications from our App on Android, open your device's Settings app, go to Apps (or Applications), tap ‘See all apps’ to find our App, tap Notifications, and toggle the switch to ‘Off’.
  • Our use of your photos/videos, reviews, social media posts on our website or social media.
• You can exercise these rights by contacting us at privacy@gettallyapp.com.

Like many companies, we use cookies, pixels, SDKs, and other tracking technologies to collect information about your interactions with our Website and App. We currently do not enable the use of third party pixel tags or cookies for advertising purposes, but may do so in the future. Please check back periodically if you would like to review and/or opt out of these future uses.

Our App uses software code provided by our business partners (software development kits or SDKs, including from Clerk, Nuke, PhoneNumberKit, and Vercel) that let our software interact with the services those partners provide. To view our app privacy disclosures on iOS, open the App Store and navigate to the Tally app page, scroll to the ‘App Privacy’ section, and click ‘See Details’. To view our app privacy disclosures on Android, open Google Play and navigate to the Tally app, where under ‘Data Safety’, we provide a summary of the app's data safety practices. Sometimes these interactions will involve that business partner collecting some information from the device on which the software is run.

We maintain reasonable safeguards to protect against unauthorized access, use, modification, and disclosure of personal information in our custody and control. Despite our efforts, we cannot guarantee that unauthorized access or use will never occur. It is important that you take steps to keep your information safe and secure. Choose an account password that is hard for others to guess and don't reveal it to third parties.

We will retain your personal information only for as long as it is necessary for the purposes of fulfilling our Website and Services or otherwise as described in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). We will delete video recordings within 30 days. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Residents of the (“UK”) and European Economic Area (“EEA”) are provided certain privacy rights under the UK and EU General Data Protection Regulations (“GDPR”).

Legal Basis:

Under the GDPR, we process Personal Data under the following legal basis.

• Providing the Website, App, and Services: Contract Fulfillment, Legitimate Interest.
• Improving our Website, App, and Services: Legitimate Interest.
• Customer Support: Contract Fulfillment.
• Product or Service-Related Communications: Contract Fulfillment, Legitimate Interest.
• Marketing and promotional communications: Legitimate Interest.
• Ensure compliance with written instructions and mitigate risk of fraud: Contract Fulfillment, Legitimate Interest.
• Website cookies and mobile app analytics: Consent.

Controller Designation:

Under the GDPR, we are designated as a “Controller.”

Cross-Border Data Transfers:

We may transfer to, and store the data we collect about you, in countries other than the country in which the data was originally collected, including the United States, Canada or other destinations outside the EEA and the UK. Those countries may not have equivalent data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Policy and applicable supplemental product privacy policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA or UK.

If you are located in the EEA or UK, we will only transfer your personal data if:

• The country to which the personal data will be transferred has been granted a European Commission adequacy decision; or
• We have put in place appropriate safeguards in respect of the transfer, for example we have entered into the Standard Contractual Clauses adopted by the European Commission and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by a supervisory authority.

Additional Rights for UK or EEA Residents:

In addition to the rights granted above, if you are a UK or EEA resident, the GDPR grants you the right to lodge a complaint against us with your local data protection authority. You can find your data protection authority at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

We do not intentionally collect any personal information from children under the age of 13. If you are between the age of 13 and the age of 17, please ask a parent or guardian for help in using our Website. For children between the age of 13 and the age of 17, activity will remain private unless consent is provided by a parent or guardian. At any time, a parent or guardian of children between the age of 13 and the age of 17 may review an account, delete an account, or revoke consent for features. If you believe we have obtained personal information associated with children under the age of 13, please contact us at privacy@gettallyapp.com and we will delete it.

Our Website and Services may contain links to other websites or services. We do not exercise control over the information you provide, or is collected by these third party websites. We encourage you to read the privacy policies or statements of the other websites you visit.

We may update this Privacy Policy from time to time as we update or expand our Website and Services. If we make material changes, we will post the updated Privacy Policy on this page with a ‘Last Updated’ effective date of the revisions and will endeavour to alert our email subscribers or Services users in advance of any changes. We encourage you to look for updates and changes to this Privacy Policy by checking this page when you access our Website and Services.

If you have any questions about our privacy or security practices, or if you would like to submit a privacy request, you can contact us by email at privacy@gettallyapp.com or at:

Tally, a product operated by EL Innovations, Inc.
160 West 24th Street, Suite 5N
New York, NY 10011