Privacy policy

FitWise AI, Inc. (“FitWise,” “we,” “us,” or “our”) provides an AI-enabled sports movement analysis platform that helps professional sports organizations analyze athletes’ movement in match and training footage to support performance and injury-prevention work, together with our websites and related services (collectively, the “Services”). We provide the Services on a business-to-business basis to professional sports leagues, clubs, teams, and federations (“Customers”).

This Privacy Policy explains what personal data we process, why and how we process it, when we act as a controller and when we act as a processor on behalf of our Customers, and what rights individuals have.

Company. FitWise AI, Inc., a Delaware corporation. Mailing address: 1908 Thomes Ave, STE 12046, Cheyenne, WY 82001, USA.

Affiliate. Our wholly owned subsidiary OpenCV.AI Europe LTD, Republic of Cyprus, provides engineering, product development, and support services to FitWise. It processes personal data only on FitWise’s behalf and in accordance with FitWise’s instructions.

Privacy contact. Questions, requests, and complaints about this Privacy Policy or our handling of personal data may be sent to our privacy team at privacy@thefitwise.com.

2.1 Where FitWise acts as a controller

FitWise determines the purposes and means of processing, and is the controller, for the following personal data:

• personal data of Customers’ authorized users (such as coaches, analysts, and club staff) relating to their accounts and use of the Services;
• personal data of business contacts, prospective customers, partners, and vendors;
• personal data of visitors to our websites and of individuals who contact us; and
• Customer Data that FitWise uses for model development where the relevant Customer agreement expressly permits such use, as described in Section 6.

2.2 Where FitWise acts as a processor

When a Customer uploads footage of athletes to the Services and uses the Services to analyze it, FitWise processes that footage, and all data derived from it, on behalf of the Customer and under a written data processing agreement (“Customer Data,” described in Section 4). For Customer Data, the Customer is the controller and is responsible for establishing a valid legal basis, informing athletes about the processing, and responding to their requests.

If you are an athlete whose footage is analyzed through the Services, please refer to the privacy notice of the league, club, team, or federation that provided your data, and direct your requests to that organization. If you contact us directly, we will forward your request to the relevant Customer and assist the Customer in responding, as required by our agreement with it and applicable law.

2.3 What this policy does not cover

• Personal data of FitWise’s job applicants, employees, and contractors, which is covered by a separate notice provided to those individuals.
• Our Customers’ own processing of personal data, which is governed by their privacy notices.
• Third-party websites and services linked from our Services, which are governed by their own privacy policies.

Depending on how a Customer uses the Services, Customer Data may include:

• Sports footage and metadata: match or training footage uploaded by the Customer and related metadata.
• Derived media: clips, frames, and crops generated from that footage.
• Pose and movement data: joint positions, skeletal keypoints, movement classifications, and annotations.
• Analytical outputs: biomechanical indicators, technique assessments, and injury-risk indicators.
• Athlete identifiers provided by the Customer: such as name, jersey number, team, and playing position, used to associate analysis results with the relevant athlete.

FitWise processes Customer Data only to provide the Services to the Customer and as otherwise documented in the Customer’s instructions. FitWise does not use Customer Data for its own purposes, except for model development where the Customer agreement expressly permits it (Section 6) and as required by law.

The table below describes the purposes for which FitWise processes personal data as a controller and, where the GDPR, the UK GDPR, or the Swiss Federal Act on Data Protection applies, the legal basis for each purpose.

Where we rely on legitimate interests, we have assessed that our interests are not overridden by your interests or fundamental rights and freedoms. You may request information about that assessment by contacting us. Where we rely on consent, you may withdraw it at any time without affecting the lawfulness of processing carried out before withdrawal.

FitWise uses Customer Data to train, test, or improve its machine-learning models only where the relevant Customer agreement expressly permits such use. Where it does, FitWise determines the purposes and means of that processing and acts as an independent controller for it.

When using data for model development, FitWise applies the following safeguards:

• we use footage, derived media, and pose annotations, and we do not use injury-risk indicators or other data concerning health;
• we do not use the data to identify individuals, and our models are not designed to output personal data of individuals whose data was used in training;
• access is limited to authorized personnel who need it for model development; and
• we retain model development data only for the period set out in Section 12.

You may object to the use of your personal data for model development at any time by contacting privacy@thefitwise.com. Where you do, we will exclude your personal data from future model development unless we demonstrate compelling legitimate grounds that override your interests, rights, and freedoms.

Subject to our Customer agreements, FitWise may also create aggregated or de-identified information that can no longer reasonably be linked to an identified or identifiable individual. FitWise maintains such information in de-identified form and does not attempt to re-identify it.

7.1 Health-related information

Analytical outputs such as injury-risk indicators and technique assessments may reveal information about an athlete’s physical condition, injuries, or rehabilitation status, and may therefore constitute data concerning health or sensitive personal data under applicable law. FitWise processes such outputs solely as a processor on behalf of the Customer. The Customer is responsible for ensuring that an applicable legal basis and any additional condition required for processing sensitive data, including explicit consent where required, is in place.

FitWise protects such outputs through need-to-know access controls, encryption, and retention in accordance with the Customer’s instructions.

FitWise does not provide medical diagnosis, treatment, or medical advice. Analytical outputs are indicators intended to support the work of qualified personnel and are not a substitute for medical assessment.

7.2 No biometric data

FitWise does not process biometric data. We do not use facial recognition, face geometry, gait recognition, or any other technique to uniquely identify or authenticate individuals from footage, pose data, or movement patterns. Pose and movement data is used only to analyze how the body moves, and results are associated with an athlete only through identifiers provided by the Customer.

7.3 Other sensitive data

FitWise does not intentionally collect other categories of sensitive data, such as data revealing racial or ethnic origin, political opinions, religious beliefs, or sexual orientation. We ask Customers and users not to submit such data through the Services.

The Services analyze athletes’ movement and generate indicators about technique and injury risk. This analysis may constitute profiling under applicable law.

FitWise does not make decisions about individuals. Analytical outputs are delivered to the Customer’s authorized personnel, who decide whether and how to use them. FitWise does not make decisions based solely on automated processing that produce legal effects concerning individuals or similarly significantly affect them within the meaning of Article 22 GDPR.

FitWise designs the Services to support, not replace, human judgment, and informs Customers that outputs should be reviewed by qualified personnel and should not be used as the sole basis for decisions affecting an athlete’s employment, selection, or medical treatment.

FitWise discloses personal data only as described below. Customer Data is disclosed only in accordance with the Customer’s instructions.

Affiliates. Our subsidiary in the Republic of Cyprus, which provides engineering, product development, and support services on our behalf.

Service providers and sub-processors. Providers of cloud hosting, data storage, infrastructure, security, communications, and customer-support services, each bound by written contracts that require them to process personal data only on our instructions and to protect it. Customers may obtain the current list of sub-processors under their data processing agreement.

Customers and their authorized users. Analytical results and related data are made available to the Customer and the users it designates.

Professional advisers. Lawyers, auditors, accountants, and insurers, subject to confidentiality obligations.

Corporate transactions. Actual or prospective counterparties, investors, and their advisers in connection with a merger, financing, acquisition, reorganization, or sale of assets, subject to confidentiality obligations. Any successor will be required to handle personal data in accordance with this Privacy Policy.

Authorities. Courts, regulators, law enforcement, and other public authorities where required by applicable law. We review such requests, challenge them where appropriate, and, for Customer Data, notify the Customer where legally permitted.

Other parties with your direction or consent.

FitWise does not sell personal data, whether for money or other valuable consideration. FitWise does not share personal data for cross-context behavioral advertising or targeted advertising, and does not use Customer Data for advertising of any kind.

FitWise is based in the United States, and our affiliate is located in the Republic of Cyprus. Our service providers may process personal data in the United States, the European Economic Area, and other countries.

Where personal data subject to the GDPR, the UK GDPR, or Swiss data protection law is transferred to a country that has not been recognized as providing an adequate level of protection, FitWise relies on:

• the Standard Contractual Clauses adopted by the European Commission in Implementing Decision (EU) 2021/914, together with the UK International Data Transfer Addendum and the adaptations required under Swiss law, as applicable; for Customer Data, the appropriate module of the Standard Contractual Clauses is incorporated into our data processing agreements with Customers; and
• an adequacy decision, where one applies to the destination country.

FitWise supplements these mechanisms with technical and organizational measures, including encryption in transit and at rest, access controls, and a procedure for assessing and responding to government access requests. You may request a copy of the relevant transfer safeguards by contacting privacy@thefitwise.com; commercial terms may be redacted.

FitWise retains personal data only for as long as necessary for the purposes described in this Privacy Policy, in accordance with the following periods:

Where longer retention is required to comply with a legal obligation or to establish, exercise, or defend legal claims, we retain the relevant data for that purpose only. At the end of the applicable period, we delete personal data or irreversibly anonymize it.

FitWise implements technical and organizational measures appropriate to the risks of the processing and the nature of the personal data, including access controls and role-based permissions, multi-factor authentication for administrative access, encryption in transit and at rest, logging and monitoring, secure development practices, vendor due diligence, and incident response procedures.

No system is completely secure. If a personal data breach occurs, FitWise will notify affected Customers without undue delay in accordance with our agreements with them, and will notify supervisory authorities and affected individuals where required by applicable law.

14.1 EEA, UK, and Switzerland

Where the GDPR, the UK GDPR, or Swiss data protection law applies, and subject to applicable exceptions, you have the right to:

• access your personal data and obtain a copy of it;
• have inaccurate or incomplete personal data corrected;
• have your personal data erased;
• restrict the processing of your personal data;
• receive your personal data in a structured, commonly used, machine-readable format and have it transmitted to another controller;
• object to processing based on legitimate interests, including model development under Section 6, and object at any time to direct marketing;
• withdraw consent where processing is based on consent;
• not be subject to a decision based solely on automated processing that produces legal effects concerning you or similarly significantly affects you (see Section 8); and
• lodge a complaint with a supervisory authority, in particular in the country of your habitual residence, place of work, or place of the alleged infringement. In the UK, this is the Information Commissioner’s Office; in Switzerland, the Federal Data Protection and Information Commissioner.

14.2 How to exercise your rights

To exercise your rights, contact privacy@thefitwise.com. We may ask for information reasonably necessary to verify your identity. We will respond within one month of receiving your request; this period may be extended by two further months where necessary, taking into account the complexity and number of requests, in which case we will inform you. We do not charge a fee unless a request is manifestly unfounded or excessive.

Requests relating to Customer Data will be forwarded promptly to the relevant Customer as controller, as described in Section 2.2.

If you reside in the United States, see Section 17.

Cookies are small text files stored on your browser or device. Similar technologies, such as browser local storage, store information on your device in a comparable way.

FitWise uses only the following first-party technologies, which are strictly necessary to provide the Services securely:

We do not use analytics, advertising, or third-party cookies on our websites or in the Services. Because the technologies above are strictly necessary, consent is not required for them. If we introduce non-essential cookies or similar technologies, we will update this Privacy Policy and obtain consent where required by applicable law.

You can control cookies and local storage through your browser settings. Disabling the technologies listed above will prevent you from signing in to the Services.

Website analytics

To understand how our website is used and to improve it, we use Plausible Analytics, a cookie-free web analytics service provided by Plausible Insights OÜ, which acts as our processor under a data processing agreement. Plausible does not set cookies, does not store an identifier on your device and does not track you across websites.

Turn off analytics in this browser

FitWise provides the Services on a business-to-business basis to Customers operating professional sports leagues and teams. Access credentials to the Services are issued only to adult staff, coaches, and authorized personnel of Customers, and are not issued to minors. FitWise does not knowingly collect personal data from children as a controller.

Where an athlete whose data is processed through the Services is a minor, the relevant Customer, as controller, is responsible for ensuring a valid legal basis for that processing, including any parental or guardian consent required by applicable law. FitWise processes such data solely as a processor acting on the Customer’s instructions.

17.1 Applicability

This section supplements this Privacy Policy for residents of U.S. states with comprehensive consumer privacy laws, to the extent those laws apply to FitWise and to the personal information concerned. If this section conflicts with another part of this Privacy Policy, this section governs for the individuals and personal information it covers.

Several state laws exempt personal information processed in an employment or business-to-business context. Where FitWise processes Customer Data as a service provider or processor, requests should be directed to the relevant Customer, as described in Section 2.2.

17.2 Personal information we collect and disclose

In the preceding 12 months, FitWise has collected the following categories of personal information as a business or controller: identifiers (such as name, email address, IP address, and user ID); internet or other electronic network activity information (such as usage and security logs); professional or employment-related information (such as job title and organization); and account login credentials, which certain state laws classify as sensitive personal information.

The sources of this information are described in Section 3, the purposes for which we use it in Section 5, the categories of recipients to whom we disclose it for business purposes in Section 9, and the applicable retention periods in Section 12. FitWise uses sensitive personal information only for purposes permitted without offering a right to limit, such as providing and securing the Services.

17.3 Your rights

Depending on your state of residence and subject to applicable exceptions, you may have the right to:

• confirm whether FitWise processes your personal information and access it;
• correct inaccurate personal information;
• delete personal information;
• obtain a portable copy of certain personal information;
• opt out of the sale of personal information, targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects; and
• not receive discriminatory treatment for exercising your privacy rights.

As described in Section 10, FitWise does not sell or share personal information or use it for targeted advertising, and FitWise does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. FitWise treats a Global Privacy Control signal as a valid opt-out request where required by applicable law.

17.4 How to exercise your rights

To exercise your rights, contact privacy@thefitwise.com. FitWise may request information reasonably necessary to verify your identity and authority to make the request.

You may designate an authorized agent to submit a request on your behalf, subject to verification of the agent’s authority and, where permitted by applicable law, of your identity. FitWise will respond within the timeframe required by applicable law.

If FitWise declines to act on your request, you may appeal the decision by emailing privacy@thefitwise.com with the subject line “Privacy Rights Appeal.” FitWise will respond to the appeal within the timeframe required by applicable law and, if the appeal is denied, will inform you how to contact the attorney general or other regulator of your state.

17.5 Minors

FitWise does not sell or share the personal information of consumers under 16 years of age.

FitWise may update this Privacy Policy to reflect legal, technical, or business developments. We will post the updated version with a revised “Last updated” date. For material changes, we will notify Customers and account users by email or in-product notice before the changes take effect, and obtain consent where required by applicable law.

FitWise AI, Inc.
1908 Thomes Ave, STE 12046, Cheyenne, WY 82001, USA
Email: privacy@thefitwise.com