Privacy Policy

1. Contact and Account Information

Information you provide when creating or maintaining an account, such as your name, email address, username, password, profile photo, and other profile-related details you voluntarily submit.

2. User-Generated Content

Information you choose to input, upload, log, or otherwise submit through the Services, including but not limited to fitness activities, workouts, goals, schedules, notes, dietary entries, and other self-reported data.

3. Health-Related Information

Certain health- or activity-related data may be collected or accessed only as described in the section titled "Third-Party Health Information" below.

4. Payment and Transactional Information

Information related to purchases, subscriptions, fees, or other transactions conducted through the Services. Cluck does not store full payment card numbers. Payment information is collected and processed directly by third-party payment processors under their own terms and privacy policies.

5. AI Interaction Data

Information you submit when interacting with AI-powered features, including prompts, messages, inputs, and related contextual data, as further described below.

6. Device and Usage Information

Information automatically collected when you access the Services, such as IP address, general geographic region, device type, operating system, app version, usage patterns, and interaction logs.

7. Inferences

We may generate internal inferences or classifications based on the information described above to support functionality, personalization, safety, and service improvement.

1. Information You Provide Directly

We collect information you voluntarily provide when you:

• Create or manage an account
• Use features of the Services
• Submit forms or content
• Communicate with us (including customer support)
• Configure preferences or settings
• Enable optional features (including AI-powered features)

By providing information to Cluck or using the Services, you affirmatively consent to the collection, use, storage, processing, and disclosure of such information in accordance with this Privacy Policy and applicable law.

2. Information Collected Automatically

When you access or use the Services, we automatically collect certain technical, device, and usage information, which may include:

• IP address
• General geographic region (not precise location)
• Device identifiers
• Operating system and app version
• Log files, timestamps, and interaction data
• Crash reports and performance metrics

This information is collected to operate, secure, monitor, debug, improve, and support the Services.

3. Information From Third-Party Applications

If you choose to connect Third-Party Applications, we may collect Health Information or other data made available by those applications only to the extent you authorize.

By enabling any Third-Party Application connection, you expressly consent to:

• The transfer of data from the Third-Party Application to Cluck
• Cluck's processing of that data in accordance with this Privacy Policy
• Any associated data transfers, including cross-border transfers where applicable

You acknowledge that revoking access from a Third-Party Application may not retroactively delete data already received by Cluck, subject to retention and deletion practices described elsewhere in this Privacy Policy.

1. Account, Contact, and User-Generated Information

Contact information (such as name and email address), account credentials, and non-biometric user-generated content (including logged activities, workouts, goals, schedules, and similar data) are stored and processed on secure third-party cloud infrastructure so that the Services can function properly, synchronize across devices, and provide continuity of use.

2. Health Information

Health Information imported from Third-Party Applications may be stored and processed in different locations depending on the feature:

• By default, certain biometric or health-related data is stored and processed locally on your device, subject to the design and permissions of your operating system and connected Third-Party Applications.
• Cluck does not routinely access or store biometric Health Information in the cloud unless you explicitly enable features that require cloud processing.

3. Optional Features and AI-Powered Functionality

If you enable optional features, such as Cluck Intelligence, certain limited Health Information or related contextual data may be transmitted to and processed by third-party cloud hosting providers and artificial intelligence technology partners.

• Only the minimum information reasonably necessary to generate the requested functionality is transmitted.
• Certain categories of sensitive data, including reproductive health information, are excluded by default unless you expressly opt in.
• Once transmitted, such data is subject to the technical and organizational safeguards of those third-party providers.

4. Geographic Location of Processing

Cluck is based in the United States, and personal information is generally stored and processed in the United States.

By accessing or using the Services, you expressly consent to the transfer, storage, and processing of your personal information in the United States or other jurisdictions where Cluck or its service providers operate. You acknowledge that data protection laws in these jurisdictions may differ from those in your country of residence and may not offer the same level of protection.

In certain circumstances, governmental authorities, courts, or regulatory bodies in these jurisdictions may have lawful access to your information.

1. Providing and Operating the Services

To create and manage accounts, deliver requested features, process transactions, enable optional functionality, and otherwise provide the Services as intended.

2. Personalization and Insights

To support goal-oriented features, activity summaries, progress indicators, and optional insights intended to help you better understand your usage of the Services.

3. AI-Powered Features (If Enabled)

If you choose to enable AI-powered features, we may use limited personal information and Health Information to generate responses, summaries, or educational guidance. AI-generated outputs are informational only and are not medical advice.

4. Service Improvement and Analytics

To analyze usage patterns, diagnose technical issues, improve performance, develop new features, and enhance the overall quality and reliability of the Services. Where feasible, we use aggregated, anonymized, or de-identified data for these purposes.

5. Communications

To respond to inquiries, provide customer support, send service-related notices, notify you of changes to the Services or policies, and deliver non-promotional operational communications.

6. Safety, Security, and Legal Compliance

To protect the rights, safety, and property of Cluck, our users, and others; detect and prevent misuse, abuse, unauthorized access, or unlawful activity; enforce our Terms; and comply with applicable legal obligations.

7. Restrictions on Use of Health Information

Health Information is not used for advertising, targeted marketing, or sale. Any use of Health Information is limited to supporting the functionality of the Services and only to the extent you authorize.

1. With Your Consent or at Your Direction

We may share or disclose personal information with your consent or at your request/direction, including to enable features, integrations, or transactions you initiate.

Consent may be obtained electronically and through actions such as:

• Accepting this Privacy Policy or the Terms
• Enabling optional features or integrations
• Granting permissions through device or operating system settings
• Submitting information through the Services
• Other affirmative actions indicating authorization

You are responsible for the scope of permissions you grant and for reviewing the privacy practices of any third party you choose to engage.

2. Service Providers and Vendors (Business Operations)

We may share personal information with third-party service providers, contractors, and vendors who perform services on our behalf and solely for Cluck's business purposes, including but not limited to:

• Cloud hosting and infrastructure providers
• Data storage, security, and fraud-prevention providers
• Payment processors
• Customer support tools
• Email and communication service providers
• Analytics, monitoring, and diagnostics providers

These service providers are contractually required to:

• Use personal information only as necessary to provide services to Cluck
• Maintain appropriate confidentiality and security safeguards
• Not sell personal information or use it for their own independent purposes

3. AI Providers (Only If You Enable AI Features)

If you enable optional AI-powered features (such as Cluck Intelligence), we may share limited and context-specific information, including certain Health Information, with third-party cloud hosting and artificial intelligence technology providers (including large language model providers) solely to generate the requested functionality.

Such sharing is restricted to the minimum data reasonably necessary for the feature. Cluck does not authorize these providers to use such data for unrelated purposes, except as permitted by applicable law and the applicable provider agreements.

4. Research, Development, and Service Improvement

We may share aggregated, anonymized, or de-identified information with third parties for research, development, analytics, or service improvement purposes. Information shared for these purposes is intended not to reasonably identify you and is subject to confidentiality obligations where applicable.

5. Affiliates and Subsidiaries

We may share personal information with our current or future affiliates and subsidiaries for purposes consistent with this Privacy Policy, including operating, maintaining, securing, and improving the Services.

6. Non-Affiliated Third Parties to Facilitate the Services

In limited circumstances, we may share personal information with non-affiliated third parties to facilitate your access to or use of the Services or to support business operations. These third parties may include, without limitation, operating systems and platforms, infrastructure providers, analytics providers, professional advisors, and governmental entities.

Cluck does not control and is not responsible for how non-affiliated third parties use information after disclosure, except to the extent required by applicable law or contractual obligations.

7. Legal, Regulatory, and Compliance Purposes; Protection of Rights

We may disclose personal information if we believe, in good faith, that such disclosure is reasonably necessary to:

• Comply with applicable laws, regulations, legal process, subpoenas, court orders, or lawful governmental requests
• Respond to lawful requests from governmental, regulatory, or law enforcement authorities
• Enforce our Terms or other agreements
• Detect, prevent, or address security incidents, misuse, fraud, unauthorized access, or technical issues
• Protect the rights, property, safety, or security of Cluck, our users, or others

Such disclosures may occur without prior notice to you where permitted by law.

8. Business Transfers and Corporate Transactions

We may disclose or transfer personal information in connection with any actual or contemplated corporate transaction, including a merger, acquisition, financing, reorganization, sale or transfer of assets, joint venture, bankruptcy, insolvency, or receivership.

In such events, personal information may be transferred as a business asset, and recipients may continue to use such information in accordance with this Privacy Policy or a successor policy, subject to applicable law. Any such recipients may be required to maintain confidentiality protections consistent with this Privacy Policy.

Optional Feature; User-Initiated

AI Features are entirely optional and are activated only if you affirmatively choose to enable or interact with them. You are not required to use AI Features to access or use the core functionality of the Services.

By enabling or interacting with AI Features, you expressly consent to the processing of certain information as described in this section and elsewhere in this Privacy Policy.

Information Used by AI Features

When AI Features are enabled, Cluck may process certain personal information, including limited Health Information you have authorized us to access, to generate AI-assisted responses, summaries, insights, or guidance.

Key limitations apply:

• Only the minimum information reasonably necessary to generate a response is processed.
• Certain sensitive data categories, including reproductive health information, are excluded by default unless you expressly opt in.
• AI Features rely on context you provide, data you authorize, and system-generated inferences.

Use of Third-Party AI Technology

To provide AI Features, Cluck leverages third-party cloud infrastructure and artificial intelligence technology providers, including large language model providers ("AI Providers").

By using AI Features, you acknowledge and agree that:

• Information processed by AI Features may be transmitted to and processed by AI Providers solely to generate the requested functionality.
• Once transmitted, such information is subject to the technical, organizational, and security safeguards of those AI Providers.
• Cluck does not control the internal operations or model training practices of AI Providers.
• Cluck contractually restricts AI Providers from using data provided by Cluck to train their general models where commercially and technically feasible; however, Cluck does not guarantee how AI Providers internally process or store data beyond those contractual obligations.

Data Retention and Conversation History

To support continuity and user experience:

• Cluck may retain your AI interaction history so you can review prior exchanges and so AI Features can provide contextual responses over time.
• Certain underlying data used to generate AI responses (which may include personal or Health Information) may be temporarily retained for debugging, quality assurance, security, and compliance purposes, and is typically deleted within a limited period unless retention is required by law or legitimate business necessity.

You may request access to or deletion of retained AI interaction data by contacting legal@clucklabs.com, subject to applicable law and technical limitations.

No Medical Advice; No Reliance

AI Features:

• Do not provide medical advice, diagnoses, treatment recommendations, or clinical decision-making
• Are not a substitute for professional medical, healthcare, or fitness advice
• May generate outputs that are inaccurate, incomplete, outdated, inconsistent, or inappropriate

You acknowledge and agree that:

• Any outputs generated by AI Features are informational only
• You assume all risk associated with reliance on AI-generated content
• You should always consult qualified professionals before making health, fitness, or wellness decisions

User Responsibility and Risk Allocation

You are solely responsible for:

• The information you choose to submit to AI Features
• How you interpret and use AI-generated outputs
• Any decisions, actions, or outcomes resulting from your use of AI Features

Cluck disclaims all liability arising from or related to your use of AI Features to the maximum extent permitted by law.

1. Accessing and Updating Personal Information

You may review, update, or correct certain personal information associated with your account by:

• Editing your profile directly through the Services (where available), or
• Contacting us at legal@clucklabs.com

We may retain historical or archived versions of information as reasonably necessary for legal, compliance, security, dispute resolution, auditing, or operational purposes, even after updates are made.

2. Account Deactivation and Data Retention

You may request deactivation of your account by contacting legal@clucklabs.com. Account deactivation does not automatically result in deletion of all personal information.

We may retain certain information after account deactivation where retention is:

• Required or permitted by law
• Necessary to enforce agreements
• Needed to resolve disputes or investigate misuse
• Required for security, fraud prevention, or system integrity

3. Marketing and Promotional Communications

You may opt out of receiving promotional or marketing communications from us by following the unsubscribe instructions provided in those communications or by contacting legal@clucklabs.com.

Even if you opt out of marketing communications, we may continue to send non-promotional, transactional, or service-related communications, including account notices, policy updates, and security alerts.

4. Cluck Intelligence and AI Features

• Use of AI-powered features, including Cluck Intelligence, is optional.
• You may choose whether or not to enable or interact with AI Features.
• If enabled, certain information you provide or authorize may be processed as described in this Privacy Policy.
• Disabling AI Features does not retroactively delete information previously processed, subject to retention limitations and applicable law.
• You acknowledge that disabling AI Features may limit certain functionality of the Services.

5. Advertising and Interest-Based Ads

Some advertising or analytics content may be delivered by third-party networks that use cookies, pixels, mobile identifiers, or similar technologies.

You may opt out of certain interest-based advertising by visiting:

• www.aboutads.info/choices (web browsers)
• www.aboutads.info/appchoices (mobile applications)

Opting out does not eliminate advertising entirely and does not prevent the collection of information for non-advertising purposes such as analytics or security.

6. Tracking Technologies and Cookies

Most web browsers accept cookies by default. You may configure your browser to remove or reject cookies; however, doing so may limit or prevent certain features of the Services from functioning properly.

On mobile devices, you may limit tracking through your device's privacy settings. The availability and effectiveness of such controls depend on your device and operating system.

7. Location and Analytics Controls

Where Third-Party Services provide controls to limit data collection (such as analytics or location-based services), you may exercise those controls directly through the applicable Third-Party Service or device settings.

Cluck does not guarantee that disabling such controls will eliminate all data collection, particularly where such collection is necessary to operate, secure, or maintain the Services.

8. Choosing Not to Provide Information

You may choose not to provide certain personal information. However, doing so may result in limited access to features or the inability to use all or part of the Services.

Cluck is not responsible for any loss of functionality resulting from your decision not to provide information.

Categories of Personal Information Collected

This Privacy Policy describes the categories of personal information we collect in the section titled "Personal Information We Collect," the sources of that information in "How We Collect Your Personal Information," and how we use and disclose such information in "How We Use Collected Information" and "To Whom We Share Your Personal Information."

Subject to applicable law, you may have the right to:

Your State Privacy Rights

Limitations and Exceptions

Your rights under State Privacy Laws are not absolute. We may decline or limit a request where permitted by law, including where necessary to:

• Comply with legal obligations
• Complete transactions or provide requested Services
• Detect or prevent security incidents or fraud
• Protect the rights, safety, or property of Cluck or others
• Maintain internal records for compliance, auditing, or legal defense

We will respond to requests in accordance with applicable law and within required timeframes.

Non-Discrimination

You will not be discriminated against for exercising any rights afforded under applicable State Privacy Laws. However, certain features or functionality may be unavailable if the information at issue is required to provide the Services.

California-Specific Disclosures

For the twelve (12) months preceding the effective date of this Privacy Policy:

• Cluck has not sold personal information.
• Cluck has disclosed personal information only as described in this Privacy Policy.
• California residents have the right to exercise their privacy rights without discrimination, consistent with California law.

How to Exercise Your Rights

Instructions for submitting requests are provided in the section titled "Exercising Your Rights (if applicable)."

Submitting a Request

To request access to, correction of, or deletion of personal information, or to exercise other rights available under applicable law, you may submit a request by:

• Emailing us at legal@clucklabs.com

Requests must include sufficient information to allow us to reasonably verify your identity and understand the scope of your request.

Identity Verification

To protect your privacy and prevent unauthorized access or misuse, we may require you to verify your identity before processing a request. Verification may include confirming information we already have on file about you or your interactions with the Services.

Any information provided solely for identity verification purposes will be used only to verify your identity or authority to make the request and will not be retained or used for other purposes, except as required by law.

Authorized Agents

Where permitted by law, you may designate an authorized agent to submit a request on your behalf. We may require:

• Written proof that the agent is authorized to act on your behalf, and
• Independent verification of your identity directly with us

We reserve the right to deny requests from agents who cannot provide adequate authorization.

Response Timing and Limitations

We will respond to verified requests within the timeframes required by applicable law. Response times may be extended where permitted by law, including where requests are complex or numerous.

We may deny or partially fulfill requests where permitted by law, including where necessary to:

• Comply with legal or regulatory obligations
• Complete transactions or provide requested Services
• Maintain security, prevent fraud, or protect system integrity
• Preserve records required for legal claims, audits, or compliance

If we deny a request, we will provide an explanation where required by law and inform you of any available appeal rights.

Frequency of Requests

Where permitted by law, we may limit the number of requests you may submit within a given time period. For example, certain jurisdictions permit honoring requests to know or access no more than twice within a twelve (12) month period.

No Fee; Exceptions

We do not charge a fee to process verified requests unless permitted by law and the request is excessive, repetitive, or manifestly unfounded, in which case we may charge a reasonable fee or decline to act on the request.

California Shine the Light

California's "Shine the Light" law permits California residents to request certain information regarding the disclosure of personal information to third parties for their own direct marketing purposes.

Cluck does not share personal information with third parties for their own direct marketing purposes as defined under California Civil Code Section 1798.83.

Accordingly, Cluck is not required to provide disclosures under the Shine the Light law. However, California residents may submit inquiries or requests regarding Cluck's privacy practices by contacting us at legal@clucklabs.com.

"Do Not Track" Policy (CalOPPA)

Certain web browsers offer a "Do Not Track" ("DNT") signal or similar mechanism to indicate your preference regarding online tracking.

At this time, the Services do not respond to DNT signals or similar mechanisms. This is because there is no uniform industry standard for interpreting DNT signals, and third-party technologies used by the Services may not recognize or honor such signals.

You may, however, control certain tracking activities through your browser or device settings, as described in the "Your Choices" section of this Privacy Policy.

Lawful Bases for Processing

We process personal information only where permitted by applicable law and based on one or more lawful bases, depending on the context and the type of information:

• Contractual Necessity: to provide the Services and perform our obligations under our Terms (e.g., account creation, providing requested features, maintaining your account).
• Legitimate Interests: to operate, secure, maintain, improve, and protect the Services; prevent misuse; and support users, except where such interests are overridden by your rights and freedoms.
• Consent: where you have given consent for specific processing activities (e.g., enabling optional integrations, permissions, or AI features).
• Legal Obligation: to comply with applicable legal requirements, court orders, lawful requests, or regulatory obligations.
• Vital Interests (rare): where necessary to protect someone's vital interests, to the extent recognized by applicable law.

Where we rely on consent, you may withdraw it at any time (see below). Withdrawal does not affect the lawfulness of processing before withdrawal and may limit or prevent access to certain features.

Your Rights

Subject to applicable law, you may have the following rights regarding your personal information:

• Right of Access: obtain confirmation of whether we process your personal information and request a copy of it.
• Right to Rectification: request correction of inaccurate or incomplete personal information.
• Right to Erasure ("Right to Be Forgotten"): request deletion of personal information in certain circumstances.
• Right to Restrict Processing: request that we limit processing in certain circumstances.
• Right to Data Portability: request a copy of certain personal information you provided to us in a structured, commonly used, machine-readable format, and request transmission to another controller where technically feasible.
• Right to Object: object to processing based on legitimate interests and/or for direct marketing purposes.
• Right to Withdraw Consent: withdraw consent where processing is based on consent.
• Right Not to Be Subject to Certain Automated Decisions: where applicable, object to decisions based solely on automated processing that produce legal or similarly significant effects (note: Cluck generally does not perform such decision-making as a core function, but this right may apply depending on feature use and jurisdiction).

How to Exercise Your Rights

You may submit a request by emailing us at legal@clucklabs.com.

To protect your privacy and prevent unauthorized access, we may require identity verification before fulfilling a request. We may also request additional information to understand and process your request.

We will respond within timeframes required by applicable law. We may deny or limit requests where permitted by law, including where necessary to:

• comply with legal obligations,
• protect the rights, safety, and security of Cluck, our users, or others,
• maintain records required for compliance, auditing, or legal defense,
• complete transactions or provide the Services requested by you,
• detect or prevent security incidents, misuse, or fraud.

International Data Transfers

Cluck is based in the United States, and your personal information may be transferred to, stored, or processed in the United States and other jurisdictions where we or our service providers operate.

Where required under applicable law, we use appropriate safeguards for international transfers, which may include Standard Contractual Clauses ("SCCs") approved by the European Commission and/or other lawful mechanisms.

You acknowledge that jurisdictions outside the EEA may have data protection laws that differ from those in your country and that governmental authorities in those jurisdictions may have lawful access to personal information under certain circumstances.

You may request a copy of relevant transfer safeguards (such as SCCs) by contacting legal@clucklabs.com, subject to confidentiality and legal restrictions.

Supervisory Authority Complaints

If you are in the EEA, you have the right to lodge a complaint with a data protection supervisory authority, including in the EEA country where you live, work, or where you believe an infringement occurred.

For a list of EEA supervisory authorities and contact details, see:
https://www.edpb.europa.eu/about-edpb/about-edpb/members_en

If you are in the UK, you may lodge a complaint with the Information Commissioner's Office (ICO).

If you are in Switzerland, you may lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC).

Usage and Deletion of Personal Information

You may request information about the personal information we have collected about you, including (where required by applicable law) the categories of personal information, the purposes for which it is used, and the categories of recipients to whom it is disclosed.

You may also request deletion of certain personal information. Requests must be submitted by emailing legal@clucklabs.com and are subject to identity verification as described in this Privacy Policy.

Important Limitations

Deletion requests are subject to legal and operational limitations. We may retain personal information, and may deny or partially fulfill deletion requests, where permitted or required by law, including where the information is necessary to:

• Provide the Services you requested, complete a transaction, or maintain your account
• Detect, prevent, investigate, or address security incidents, misuse, unauthorized access, or unlawful activity
• Protect the rights, property, and safety of Cluck, our users, and others
• Debug, repair, and improve the Services, including to identify and resolve errors
• Comply with legal obligations, respond to lawful requests, or maintain records required by applicable law
• Establish, exercise, or defend legal claims, enforce our agreements, or resolve disputes
• Maintain backups, archives, or logs for a limited period consistent with security and business continuity practices

You acknowledge that:

• We cannot guarantee immediate or complete deletion in all circumstances.
• Certain information may persist in backups or archival systems for a limited period after deletion, consistent with our retention practices.
• If we delete personal information required to provide certain features, your access to those features (or the Services) may be limited or unavailable.