Privacy Policy

LAST UPDATED: September 24, 2026

I. INTRODUCTION

ArtWorkout LLC, a Nevada limited liability company (Principal place of business: 20225 NE 34th Ct, Apt 1419, Miami, FL 33180-3305, USA; Registered agent (service of process): Registered Agents Inc., 732 S 6th St, Ste R, Las Vegas, NV 89101, USA) (“we”, “us”, “our”, or “ArtWorkout”) is committed to protecting and respecting your privacy. This Privacy Policy (together with our Terms of Use https://artworkout.us/terms/) applies when you use our ArtWorkout application and web-sites (the “Service”), or interact with us in any way. This Privacy Policy describes how we treat your data that we gather when you access or use our Service or interact with us.

By using the Service, you agree to our collection, use, and disclosure of your data as described in this Privacy Policy.

This Privacy Policy can be updated from time to time and therefore we ask that you check back periodically for the latest version. If the Privacy Policy changes significantly from the time we collect your data, we will notify you. Your continued use of the Service following any changes constitutes your acceptance of such changes, regardless of whether you are notified of the changes.

If you have any questions about this Policy or want to send us any notice in relation to its application, if you want to exercise your rights under applicable data protection laws, including the right to access, rectification, erasure ("right to be forgotten"), restriction of processing or data portability, you can contact us at [email protected].

For the purposes of this Privacy Policy, ArtWorkout LLC acts as the Data Controller of your personal data. In some cases, we may act as a Data Processor on behalf of partners; in those cases, the partner remains the Data Controller.

From time to time, ArtWorkout LLC may organize promotional campaigns, contests, or similar initiatives ("Campaigns"). Participation in a Campaign is voluntary. When you participate in a Campaign, we may collect and process additional personal data as described in this Privacy Policy and in the applicable Official Rules of the Campaign.

If you have questions or requests related specifically to a promotional campaign or contest (including data access, correction, or deletion requests), please contact us at [email protected] and indicate the name of the Campaign in your message.

II. INFORMATION WE MAY COLLECT

By default, we do not collect your personal data, which we understand as any information relating to an identified or identifiable natural person.

We may collect or have in the past collected the following personal data:

• Your age;
• Your gender;
• Your email address; and
• Your nickname.

The Service may also automatically collect or have in the past collected the following information:

• The type of mobile device you use;
• Your mobile device's unique identifiers and IDs, including your identifiers for advertisers and vendors, anonymous identifier (AdID), Firebase App Instance ID, Facebook Encoded Device Info, Facebook Anonymous ID;
• The IP address of your mobile device;
• Your mobile operating system;
• The type of mobile Internet browser you use;
• Usage data; and
• Analytics data about you that we receive from third parties.

When you participate in a promotional campaign or contest, we may collect additional information, including:

• Your full name;
• Your email address;
• Your age and confirmation of eligibility;
• Your country and state of residence;
• Your occupation (optional);
• Links to user-generated content submitted as part of the Campaign (e.g., TikTok or YouTube links);
• any other information you voluntarily provide in connection with the Campaign.

Such information may be collected via third-party tools (including Google Forms) and processed solely for the purposes of administering the Campaign.

If you apply to collaborate with us as a content creator or if we reach out to you for potential collaboration purposes, we may collect and process personal data you provide, including your name, contact details, social media handles, audience statistics, and any other information you share with us during the evaluation process. This data is processed solely for the purpose of assessing and establishing a potential collaboration and will not be used for any other purpose without your consent. In addition to information you provide directly, we may also use third-party creator-discovery and audience-analytics tools (such as Modash) to source publicly available profile information, contact details, and audience statistics about prospective creators for the same evaluation purposes.

When you participate in our research, surveys, interviews, or user feedback calls, we may collect additional personal data, including your audio and/or video recordings, interview transcripts, survey responses, contact information, and records of parent/guardian consents (where applicable).

When we invite you to a research interview or feedback call, we may use third-party scheduling or video-conferencing providers to process your contact details, selected time, and call metadata. If we offer an incentive, we may process the details necessary to deliver it. We use this information only to organize the research, deliver the incentive, prevent fraud, and meet legal or accounting obligations, and retain it only as long as necessary for those purposes.

III. PURPOSES FOR WHICH WE USE THE DATA

We may use the collected data for the following purposes:

• For age verification and other compliance purposes;
• To improve customer service and customer support;
• To personalize user experience and provide information about the Service, including about changes to it;
• To provide and maintain the Service and its features and to allow you to engage with these features when you choose to do so;
• To develop, improve, and protect the Service;
• For market research and to monitor usage of the Service;
• To audit and analyze the Service;
• To ensure the technical functionality and security of the Service;
• To remember information so that you will not need to reenter it during your visit or the next time you visit the Service;
• To provide custom, personalized content and information, including targeted content and advertising;
• To monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns in our Service;
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
• To protect against or deter fraudulent, illegal or harmful actions, and maintain the safety, security and integrity of the Service;
• To differentiate between the devices you use to access the Service in order to prevent desynchronization of the user database;
• To administer promotional campaigns and contests, including verifying eligibility, communicating with participants, selecting winners, and delivering prizes;
• To identify, contact, and evaluate potential content creator collaborators, and to manage relationships with creators with whom we collaborate or plan to collaborate;
• To comply with legal and regulatory obligations related to promotional campaigns, including record-keeping, fraud prevention, and tax compliance where applicable; and
• To publish or display user-generated content submitted in connection with a Campaign, in accordance with the applicable Official Rules and granted licenses.
• To conduct market research, user surveys, feedback interviews, and usability studies to improve our Service;
• To record and retain audio/video calls conducted for user research and testing purposes, along with documentation of parental consent where required;

Under the GDPR, our processing of personal data is based on different legal grounds, including consent, performance of a contract, compliance with legal obligations, and our legitimate interests, depending on the specific purpose.

In the context of promotional campaigns, our processing of personal data is primarily based on:

• The participant's consent;
• The performance of a contract (participation under the Official Rules);
• Compliance with applicable legal obligations.

Personal data collected in connection with a promotional campaign will be retained only for as long as necessary to administer the Campaign, distribute prizes, resolve disputes, and comply with legal obligations. After that period, such data will be securely deleted or anonymized unless a longer retention period is required by law.

IV. HOW WE DISCLOSE DATA

We do not sell, share, or otherwise disclose your data to third parties unless stated below. The data collected in the Service may be disclosed in the following circumstances and with the following categories of third parties:

• Service Providers. To assist us in meeting business operations needs and to perform certain services and functions, we may share the data we collect with service providers. Pursuant to our instructions, these parties will access, process or store the data in the course of performing their duties to us. The tasks for which we employ service providers include:
  • Analytics. We may use third-party service providers to monitor and analyze the use of our Service, including to measure traffic and usage trends. No personal data is collected in this process.
  • Cookies and Similar Technologies. We use only strictly necessary cookies and similar technologies on our website. These are used solely to enable core website functions, support secure payments, prevent fraud, maintain security, and ensure the proper operation of the Service. We do not use cookies or similar technologies for behavioral advertising, profiling of children, or tracking users across third-party websites for advertising purposes. You may adjust your browser settings to refuse cookies, but some parts of the website may not function properly without strictly necessary cookies.
  • Advertising. We may use third-party service providers to show advertisements to you to help support and maintain our Service. Any ads shown to users under 13 (or such other minimum age as required by law) are strictly contextual and not based on profiling or behavioral tracking.
  • Behavioral remarketing. We use remarketing services to advertise on third party websites to you after you have used our Service. We and our third-party vendors may use cookies to inform, optimize, and serve ads based on your past visits to our Service.
  • Payments. We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing. We do not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your data is governed by the applicable terms and policies. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands including Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
  • Refund requests. If we receive a refund request for an in-app purchase from an end-user, we reserve the right to provide a third-party with information regarding the user's in-app purchase consumption. This includes the following data: app usage time, anonymous account identifier, total amount spent, and total amount refunded.
• Business Transfers. If we are involved in a merger, acquisition, financing, due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, the necessary data we have collected and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
• Campaign Administration and Prize Fulfillment. We may share personal data of Campaign participants with service providers and partners solely as necessary to administer the Campaign, verify eligibility, deliver prizes, or comply with legal requirements (including tax or reporting obligations, if applicable). Such recipients are contractually required to protect personal data and use it only for the specified purposes.
• Legal Requirements. We may share the data we collect if required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (v) protect against legal liability.
• Payments. We may provide paid services within the Service. Payments are processed by third-party payment providers:
  • Apple App Store and Google Play (for in-app purchases);
  • Stripe, Inc. (for purchases made through our website and, for eligible users, directly within the Service on iOS).
  We do not store or process your full payment card details. Payment information is provided directly to the payment processors and is subject to their privacy policies:
  • Stripe Privacy Policy: https://stripe.com/privacy
  • Apple Privacy Policy: https://www.apple.com/legal/privacy/
  • Google Payments Privacy Notice: https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice

Moreover, we may disclose anonymous information to third parties in an aggregate format that does not constitute personal data and that does not allow the identification of individual users. "Anonymous information" means information that does not enable identification of an individual user, such as aggregated, anonymized or de-identified information about the use of the Service. We may use anonymous information and/or disclose it to third parties without restrictions (for example, to improve our services and products and enhance your experience with them).

For underage users, we only collect the minimum data necessary to operate the Service (e.g., age for eligibility, device settings). We do not collect or use identifiers such as advertising IDs, emails, or sign-in credentials without parental consent.

V. DATA SECURITY

The security of personal data is important to us. For example, the servers we use are secured and protected by a firewall. Even so, we cannot guarantee that your data will always be secure as data security measures in use from time to time may be vulnerable.

We periodically review and adjust security safeguards as the threat landscape evolves. Ultimately, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, our policy is to take reasonable steps to investigate the situation and cure the breach.

VI. INTERNATIONAL TRANSFERS OF PERSONAL DATA

Please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to any country in which we or our affiliates or service providers maintain facilities and to the use and disclosure of information about you as described in this Privacy Policy. If you are located outside of the United States, please note that we transfer the data to the U.S. and process it there. Also, we use Google's Firebase Crashlytics, Apphud, Facebook technologies (e.g. Facebook SDK) provided by Meta Platforms etc., and processing may occur on their global infrastructure. In these and other cases where personal data is transferred outside the EEA, we rely on the European Commission's Standard Contractual Clauses and, where applicable, the EU–U.S. Data Privacy Framework to ensure adequate protection. When Campaign data is collected through third-party tools such as Google Forms, such data may be processed on servers located outside the participant's country of residence, including in the United States. Appropriate safeguards are applied in accordance with applicable data protection laws.

VII. INDEPENDENT CONTRACTORS

From time to time, the Company engages individuals as independent contractors to provide services on our behalf, including content creators and other service providers. In connection with such engagements, we collect and process the following categories of personal data: full name and contact details; identification information; bank account and payment details; tax residency status and, where applicable, tax identification number; and information relating to the services provided under the relevant contract.

This data is processed for the purposes of entering into and administering the contractual relationship, processing payments, complying with applicable tax and accounting obligations, and verifying eligibility to provide the relevant services. Such data may be disclosed to our affiliates, payment and accounting service providers, and platforms or entities through which the engagement is administered, and may be transferred to and processed in jurisdictions other than the contractor's country of residence.

VIII. CHILDREN'S PRIVACY

Our Service can be used by children. We process and collect children's data as described in Sections II-IV of this Policy, subject to the provisions of this Section.

We ask for their date of birth. If they are under the applicable age of digital consent (depending on jurisdiction), we will require verifiable parental consent before collecting or processing any personal data.

The Service only requires disclosure of personal information before accessing certain functions. We do not share any personal information we collect from persons under the age of 13 (or such other minimum age as required by law). We use data about their age only for age verification purposes. We delete any other personal information collected from such persons upon learning of their age.

Promotional campaigns and contests organized by ArtWorkout LLC are intended for individuals 18 years of age or older, unless expressly stated otherwise in the applicable Official Rules. We do not knowingly collect personal data from minors in connection with Campaigns.

As explained in Section IV, we share our users' information with third parties. Below is a list of the third parties to which we disclose such information and their services we use:

• Firebase. We use Google Inc.'s Firebase, an analytics service. You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en.
• Apphud. Apphud is a subscription management service. We use it to collect information about the in-app purchases and subscriptions. Privacy policy: https://legal.apphud.com/privacy.
• Google AdMob. AdMob is a targeted ads service. You can opt-out from by following the instructions described by Google: https://support.google.com/ads/answer/2662922.
• Google's Firebase Crashlytics. We use for crash reports. Privacy and security policy: https://firebase.google.com/support/privacy.
• CAS.ai (Clever Ads Solutions). Ad-mediation and mobile app monetization SDK / publishing platform. We use it to serve and optimize in-app ads. Privacy Policy: https://cas.ai/privacy-policy-3/.
• AppLovin MAX. Ad-mediation and mobile app monetization SDK. We use it to serve and optimize in-app advertisements across connected ad networks. Data processed may include device and advertising identifiers, ad request and impression data, and app usage signals used to deliver and measure advertising. Privacy Policy: https://legal.applovin.com/privacy/.
• Unity Ads. Advertising network integrated through our ad-mediation stack. We use it to serve in-app advertisements. Privacy Policy: https://unity.com/legal/game-player-and-app-user-privacy-policy.
• Encore (EncoreKit). Partner reward-offer and app monetization platform. From time to time, we may use it to present eligible users with optional third-party offers, including invitations to research interviews with an incentive. We process the advertising, campaign, and claim identifiers necessary to attribute and deliver such offers. Privacy Policy: https://www.encorekit.com/privacyPolicy.
• Behavioral Remarketing. We use the following remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past visits to our Service:
• Google Ads (AdWords). You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads.
• Facebook. To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://facebook.com/help/568137493302217. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
• TikTok. To opt-out from Tiktok, follow these instructions on this link: https://support.tiktok.com/en/account-and-privacy/personalized-ads-and-data/personalization-and-data.
• Apple Store In-App Payments. Their Privacy Policy may be viewed at https://www.apple.com/legal/privacy/en-ww.
• Google Play In-App Payments (Google Play Billing). Their Privacy Policy may be viewed at https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice.
• Stripe Payments. We use Stripe, Inc. as a payment processor for purchases made through our website and, for eligible iOS users, directly within the Service. Stripe may collect and process payment-related information, including payment card details, in accordance with its Privacy Policy: https://stripe.com/privacy.
• Modash. Creator-discovery and audience-analytics platform. We use it to search and evaluate publicly available creator profiles, contact details, and audience statistics for the purpose of identifying and evaluating potential collaborators. Data is sourced from publicly available information rather than directly from the creator and may be processed on servers located outside your country of residence. We retain such data only for as long as necessary to evaluate, and if applicable establish, a collaboration. Privacy Policy: https://www.modash.io/legal/privacy-policy.
• Glassdoor. Recruitment and sourcing platform. We use it to publish opportunities and identify potential contractors and collaborators. Privacy Policy: https://hrtechprivacy.com/brands/glassdoor.
• Indeed. Recruitment and sourcing platform. We use it to publish opportunities and identify potential contractors and collaborators. Privacy Policy: https://hrtechprivacy.com/brands/indeed.
• Google Forms. We may use Google Forms, a data collection tool provided by Google LLC, to collect information submitted by users or applicants (including in connection with Campaigns or creator collaborations). Information submitted through Google Forms is processed by Google LLC in accordance with its Privacy Policy: https://policies.google.com/privacy. Data collected via Google Forms may be stored on Google's servers, including servers located outside the EEA. Where personal data is transferred outside the EEA, we rely on the European Commission's Standard Contractual Clauses or other appropriate safeguards.

If, during the age verification process, we learn that a user is under 13 (or such other minimum age as required by law):

• We do not collect or share with third parties their advertising ID;
• We do not share any of their device-level data with third parties;
• For underage users, we either do not initialize an advertising SDK and do not serve third-party ads, or we configure the advertising SDK with child-directed/no-tracking, denied-consent and opt-out signals. Where ads are shown, they are strictly contextual and are not based on profiling or behavioral tracking.

The Service has two multiplayer modes. In the quasi-multiplayer, a user does not interact with other humans. We moderate the quasi-multiplayer pursuant to the Terms of Use. The real multiplayer is age-restricted. If we learn that a user is below 13 (or such other minimum age as required by law), they are not allowed access to the real multiplayer mode. We do not knowingly collect their sign-in credentials.

We may conduct research calls or interviews with minor users solely for the purpose of improving our Service and understanding user experience. Such calls are conducted strictly with the prior verifiable consent of a parent or legal guardian and only in the presence of the parent or legal guardian throughout the duration of the call.

We store recordings of such calls, transcripts, and records of the corresponding parental consent securely for as long as necessary to fulfill the research purposes or comply with legal record-keeping obligations, after which they are securely deleted or anonymized.

If you have any questions about the application of this Privacy Policy to your children or requests regarding their data, you can contact us at [email protected]. You have the right to review, request deletion, and refuse to permit further collection, use, or disclosure of your or your children's information. You may prohibit the disclosure of your children's information to third parties while agreeing to its collection and use for the purposes of accessing the Service. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.

Parents or legal guardians have the right to:

• Review the personal data collected from their child,
• Request deletion,
• Withdraw consent,
• Object to further collection or processing.

To exercise these rights, please contact us at [email protected]. We implement additional safeguards for children's data in accordance with GDPR-Kids (Article 8) and COPPA requirements.