Privacy Policy

PRIVACY POLICY Physical Presence LLC Effective Date: September 8, 2026 1. INTRODUCTION Physical Presence LLC, a New Mexico limited liability company located at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA (referred to as "we," "us," "our," or "Company") operates the website https://physicalpresenceco.com (the "Website"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you interact with our Website and when you engage with our services, which consist of personalized online fitness coaching combining training guidance, general nutrition guidance, habit coaching, and ongoing follow-up delivered remotely to adults (the "Services"). We are committed to maintaining your privacy and complying with applicable privacy laws, including the General Data Protection Regulation (GDPR) for individuals in the European Union and Spain, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and other applicable state and federal privacy laws. This policy applies to all individuals who contact us or use our Services, regardless of their location. Please read this Privacy Policy carefully. If you do not agree with our practices, please do not use our Website or Services. By accessing our Website or engaging with us, you acknowledge that you have read and understood this policy. 2. DATA CONTROLLER Physical Presence LLC is the data controller responsible for the personal information we collect and process. We determine the purposes and means of processing your personal information. Contact us regarding data controller responsibilities: Email: info@physicalpresenceco.com Address: 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA 3. INFORMATION WE COLLECT 3.1 Contact Form Information When you submit the contact form on our Website, we collect the following information that you voluntarily provide: - Full name (required) - Email address (required) - Phone number (optional) - Your message or inquiry (required) The contact form is the sole mechanism through which we collect information via our Website's public interface. We do not use tracking pixels, analytics tools, or marketing cookies to collect additional information through the form. 3.2 Technical and Log Data Our Website is hosted on company-managed servers located with Hetzner in Germany. When you access our Website, we automatically collect certain technical information, including but not limited to: - Internet Protocol (IP) address - Browser type and version - Operating system - Pages visited and the time spent on each page - Referrer information - Access timestamps and duration of visit This technical information is collected through standard server logs and is used solely for website operation, security, and troubleshooting purposes. 3.3 Cookie and Language Preferences We use browser localStorage to store your language preference settings to improve your user experience on the Website. This is a local storage mechanism that does not transmit data to our servers and does not involve third-party tracking. You can clear this data at any time through your browser settings. 3.4 Client Data Collected During the Coaching Intake Process Information collected during the coaching intake process is distinct from Website contact information. This data is collected only after you have enrolled in our Services and is never collected through the public contact form. Client information may include: - Health and fitness-related information you choose to share, including your fitness history, current health status, goals, and any physical limitations or medical conditions relevant to your coaching - Performance metrics, progress notes, and communication records between you and your coach - Additional personal details necessary to deliver personalized coaching, such as schedule preferences and lifestyle information Collection of health-related information is subject to your explicit prior consent, as described in Section 5 below. We collect this information only with your full knowledge and voluntary agreement, and you maintain control over what health-related information you share with us. 4. PURPOSES OF PROCESSING We process your personal information for the following purposes: 4.1 Service Delivery - To provide you with personalized online fitness coaching, training guidance, general nutrition guidance, habit coaching, and follow-up services - To communicate with you about your coaching program - To track your progress and adjust coaching strategies 4.2 Communication and Support - To respond to your inquiries and requests submitted through our contact form - To provide customer support and address questions or concerns - To send you service-related updates and notifications 4.3 Website Operation and Improvement - To maintain and improve the functionality of our Website - To diagnose and resolve technical issues - To monitor website security and prevent unauthorized access or misuse 4.4 Legal Compliance - To comply with applicable laws, regulations, and legal obligations - To respond to lawful requests from government authorities - To preserve evidence of transactions and communications 4.5 Legitimate Business Interests - To manage our business operations and relationships with clients - To exercise and defend legal claims - To prevent fraud and protect against liability 5. LEGAL BASIS FOR PROCESSING We process your information based on the following legal bases under applicable law: 5.1 Under the GDPR (for EU and Spain residents) - Article 6(1)(a) - Explicit Consent: Processing contact information when you submit our contact form, and processing all client data during the coaching relationship, is based on your explicit consent. You consent to contact processing by submitting the form and to client data processing by enrolling in Services and completing the intake process. - Article 6(1)(b) - Contractual Necessity: We process information necessary to perform our coaching services and fulfill the service agreement with you. - Article 6(1)(c) - Legal Obligation: We process information to comply with legal obligations, such as tax laws and financial record-keeping requirements. - Article 6(1)(f) - Legitimate Interests: We process technical and log data for website security, fraud prevention, and legitimate business purposes, where such interests are not overridden by your privacy rights. - Article 9 - Health Data: Processing of health-related information shared during the coaching intake process is based on your explicit consent to process special category data. You provide this consent specifically and separately in connection with our coaching services. You may withdraw consent at any time without prejudice to the lawfulness of processing before withdrawal. 5.2 Under California Consumer Privacy Laws (CCPA/CPRA) We may collect personal information for the commercial purposes identified in Section 4 above. We do not sell or share personal information as defined under the CCPA or CPRA, and we do not use personal information for purposes requiring opt-out rights unless you explicitly request additional services. 6. RECIPIENTS AND PROCESSORS Your information may be shared with or processed by the following recipients: 6.1 Hosting Provider Hetzner (Germany) hosts our Website and servers on a company-managed basis. Your technical and log data is processed by Hetzner pursuant to a data processing agreement that ensures adequate safeguards. 6.2 Email Service Contact form data submitted through our Website is transmitted via email to our company email address. This transmission uses standard email protocols. We do not use third-party email service providers; email is handled through company-controlled infrastructure. 6.3 Payment Processor If you enroll in paid Services, your payment information is processed by a payment processor. The identity and contact information for our payment processor will be provided in your service agreement or upon request. 6.4 Coaching and Communication Tools We may use coaching platforms, communication tools, and project management software to deliver Services and communicate with you. The specific tools and processors will be identified in your service agreement. All such processors are bound by data processing agreements ensuring compliance with applicable privacy laws. 6.5 Legal Requirements We may disclose your information if required by law, court order, or government request, or if we reasonably believe disclosure is necessary to protect our legal rights or prevent harm. 7. INTERNATIONAL DATA TRANSFERS Physical Presence LLC is located in the United States (New Mexico). When we collect information from individuals in the European Union, Spain, or other jurisdictions with adequacy decisions under the GDPR, that information is transferred to the United States for processing. 7.1 Transfer Mechanisms We rely on the following mechanisms to ensure lawful international transfers of personal data: - Standard Contractual Clauses (SCCs): Where available and applicable, we use SCCs to govern transfers of personal data from the EU and Spain to the United States. - Data Protection Framework (DPF): To the extent the United States Data Protection Framework applies to Personal Presence LLC, we may rely on DPF adequacy findings for transfers from the EU to the United States. - Your Consent: By providing personal information to us and using our Services, you consent to the transfer of your information to the United States and to processing under United States law, subject to the protections of this Privacy Policy and applicable mandatory data protection rights in your country. 7.2 Data Subject Rights in Transfers Your rights under this Privacy Policy and applicable law are not diminished by international transfers. You retain all rights described in Section 8 below, regardless of where your data is processed. 8. DATA RETENTION We retain your personal information for the following periods: 8.1 Contact Form Submissions Information submitted through our contact form (name, email, phone, message) is retained for twelve (12) months from the date of submission. After this period, contact information is deleted unless you have engaged us for Services, in which case your information is retained under the client data retention schedule below. 8.2 Client Records If you engage us for coaching Services, we retain your client file, coaching records, communications, progress notes, and health-related information for the duration of our coaching relationship plus any additional period required by law. Applicable legal retention requirements may extend retention for up to six (6) years beyond the termination of services to satisfy tax, financial reporting, and legal obligations. 8.3 Technical and Log Data Server logs and technical data are retained for the period necessary for website security and troubleshooting, typically between thirty (30) and ninety (90) days, unless a longer period is required for security investigations or legal compliance. 8.4 localStorage Preferences Language and preference data stored in your browser's localStorage is retained only on your device and is cleared when you clear your browser data. 9. YOUR PRIVACY RIGHTS Your privacy rights vary based on your location and applicable law. All individuals have certain basic rights. Residents of the EU, Spain, and California have additional specific rights described below. 9.1 Rights Under the GDPR (EU and Spain residents) You have the following rights regarding your personal data: - Right of Access: You have the right to request access to the personal information we hold about you and to obtain a copy of that data. - Right to Rectification: You have the right to request correction or updating of inaccurate or incomplete personal information. - Right to Erasure: You have the right to request deletion of your personal information in certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected or when you withdraw consent. - Right to Restrict Processing: You have the right to request that we limit the use of your personal information in certain circumstances, such as while we verify accuracy of disputed data. - Right to Data Portability: You have the right to request that we provide your personal information in a structured, commonly used, and machine-readable format and to transmit that data to another controller where technically feasible. - Right to Object: You have the right to object to processing of your personal information based on legitimate interests or for direct marketing purposes. - Right to Withdraw Consent: You have the right to withdraw consent at any time without affecting the lawfulness of processing before withdrawal. Withdrawal of consent will not affect your existing coaching services based on prior consent; however, we will not process new information without your renewed consent. - Right to Lodge a Complaint: You have the right to lodge a complaint with your local data protection authority, such as the Spanish Data Protection Authority (AEPD - Agencia Española de Protección de Datos) or your country's equivalent authority, if you believe we have violated your privacy rights. 9.2 Rights Under California Consumer Privacy Laws (CCPA/CPRA) California residents have the following rights: - Right to Know: You have the right to request what personal information we collect, use, or share and the categories and specific pieces of personal information. - Right to Delete: You have the right to request deletion of personal information we have collected from you, subject to certain exceptions. - Right to Correct: You have the right to request correction of inaccurate personal information. - Right to Opt-Out of Sale or Sharing: You have the right to opt out of the sale or sharing of your personal information. We do not sell or share personal information as defined by the CCPA or CPRA; therefore, this right does not presently apply to our practices. - Right to Non-Discrimination: You have the right not to be discriminated against for exercising your privacy rights. - Right to Limit Use and Disclosure: You have the right to limit our use and disclosure of your sensitive personal information. To exercise any of these rights, please submit a request to info@physicalpresenceco.com with a clear description of your request. We will respond to verifiable requests within forty-five (45) days, or within the time required by applicable law. 9.3 How to Exercise Your Rights To exercise any right described in this section, please contact us at: Email: info@physicalpresenceco.com Address: 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA Please include sufficient detail to allow us to identify your information and process your request. We may require verification of your identity before processing your request. We will not charge a fee unless your request is manifestly unfounded or excessive. 10. MINORS Our Website and Services are intended for adults. We do not knowingly collect personal information from individuals under eighteen (18) years of age. If we become aware that we have collected information from a minor, we will promptly delete that information. If you believe we have collected information from someone under eighteen, please notify us immediately at info@physicalpresenceco.com. 11. SECURITY We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. These measures include: - Encryption of sensitive information in transit and at rest - Secure server hosting with Hetzner - Restricted access to personal information on a need-to-know basis - Regular security assessments and updates However, no security measure is completely secure. We cannot guarantee absolute security of your information. Transmission of information over the internet carries inherent risks. You acknowledge that you provide information at your own risk and that we are not responsible for unauthorized access beyond our reasonable control. 12. THIRD-PARTY LINKS Our Website may contain links to third-party websites, applications, and services that are not operated by us. This Privacy Policy applies only to our Website and Services. We are not responsible for the privacy practices of third-party sites. We encourage you to review the privacy policies of any third-party services before providing your information. 13. CHANGES TO THIS PRIVACY POLICY We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. Material changes will be posted on our Website with an updated effective date. Your continued use of our Website or Services following such changes constitutes your acceptance of the updated Privacy Policy. We encourage you to review this policy periodically to stay informed about how we protect your information. 14. CONTACT US For questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us: Physical Presence LLC Email: info@physicalpresenceco.com Address: 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA If you are located in the EU or Spain and wish to contact a data protection authority regarding our practices, you may contact: Spanish Data Protection Authority (AEPD): www.aepd.es or your country's equivalent authority. For California residents: You may contact the California Attorney General at https://oag.ca.gov/ Last Updated: September 8, 2026 END OF PRIVACY POLICY