Privacy Policy

This Privacy Policy describes how 8BitApp LLC d/b/a Monstro and Monstro-X collects, uses, discloses, and protects personal information when you use our websites, mobile applications, and services. This Privacy Policy applies to all users of the Monstro-X platform, including account owners, business operators, staff members, and end-user members of gyms, studios, and schools that use our Services.

By accessing or using the Monstro-X Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy and our Terms of Use. If you do not agree with the practices described in this Privacy Policy, please do not use our Services.

1. Information We Collect

We collect several types of information from and about users of our Services, including information by which you may be personally identified and information that is about you but does not identify you personally.

1.1 Information You Provide to Us

Account Information. When you create a Monstro-X account, we collect your name, email address, phone number, business name, business address, and payment information. If you are a member accessing the Services through your gym or studio, we collect the information your gym or studio provides to us, which may include your name, contact information, membership details, and other information relevant to your membership.

Profile Information. You may provide additional information to complete your profile, such as profile photos, biographical information, social media links, and preferences. For businesses, this may include staff information, class schedules, program details, and business descriptions.

Payment Information. When you make a payment through our Services, we collect payment card information, billing address, and transaction details. Payment card information is processed and stored by our third-party payment processor, Stripe, Inc., in accordance with industry security standards. We do not directly store complete payment card numbers on our servers.

Communications. When you communicate with us through email, phone, chat, or other channels, we collect the content of those communications, including any information you choose to provide.

Community Content. When you use the Community Features of our Services, including posting, commenting, liking, sharing, or messaging, we collect the content you create and share, including text, images, videos, and other materials.

1.2 Information We Collect Automatically

Usage Information. We automatically collect information about how you access and use our Services, including the pages or features you view, the time and duration of your visits, your search queries, the links you click, and the actions you take within the Services.

Device Information. We collect information about the devices you use to access our Services, including device type, operating system and version, browser type and version, unique device identifiers, IP address, mobile network information, and device settings.

Location Information. We may collect information about your approximate geographic location based on your IP address. With your consent, we may also collect precise location information from your mobile device.

Cookies and Similar Technologies. We use cookies, web beacons, pixel tags, and similar tracking technologies to collect information about your browsing activities and preferences. Cookies are small data files stored on your device that help us recognize you, remember your preferences, and improve your experience. You can control cookies through your browser settings, but disabling cookies may limit your ability to use certain features of our Services.

Analytics Information. We use third-party analytics services, including Google Analytics, to collect and analyze usage data. These services may use cookies and similar technologies to collect information about your use of our Services and other websites and apps.

1.3 Information from Third Parties

Integration Partners. If you connect third-party services or applications to your Monstro-X account, we may receive information from those services in accordance with their terms and policies. This may include information from social media platforms, payment processors, email marketing services, and other business tools.

Business Partners. We may receive information about you from our business partners, such as marketing partners, resellers, and service providers.

Publicly Available Sources. We may collect information about you from publicly available sources, such as social media platforms, business directories, and public records.

2. How We Use Your Information

We use the information we collect for various purposes, including to provide, maintain, and improve our Services, to communicate with you, to personalize your experience, and to protect the security and integrity of our Services.

2.1 To Provide and Improve Our Services

We use your information to operate and maintain the Monstro-X platform, including creating and managing accounts, processing payments, facilitating member management, enabling attendance tracking, providing gamification features such as points, rewards, and leaderboards, operating Community Features including social feeds, comments, and groups, delivering notifications and automated messaging, and providing customer support and technical assistance.

We also use your information to improve, test, and develop new features and services, analyze usage patterns and trends to enhance user experience, personalize content and recommendations, conduct research and analytics, and troubleshoot technical issues and bugs.

2.2 To Communicate With You

We use your information to send transactional emails and notifications related to your account and use of the Services, including account creation confirmations, payment receipts, password resets, security alerts, and important updates about the Services.

With your consent, we may send you marketing communications about new features, products, services, events, and promotions. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions in those communications or by adjusting your account settings.

We may also send you administrative messages, service announcements, and other information related to your use of the Services. You generally cannot opt out of these service-related communications unless you deactivate your account.

2.3 For Business Operations

We use your information for various business purposes, including billing and payment processing, detecting and preventing fraud and abuse, enforcing our Terms of Use and other policies, complying with legal obligations and responding to legal requests, protecting our rights, property, and safety and the rights, property, and safety of our users and others, and conducting audits, data analysis, and research to improve our operations.

2.4 For Marketing and Advertising

We may use your information to market our Services to you, including through email, push notifications, and other channels. We may also display advertisements to you based on your interests and activities, both within our Services and on third-party websites and platforms.

We may work with third-party advertising partners who use cookies and similar technologies to collect information about your browsing activities and serve targeted advertisements. You can opt out of interest-based advertising by adjusting your browser settings or visiting industry opt-out platforms.

2.5 With Your Consent

We may use your information for other purposes with your consent or at your direction.

3. Legal Basis for Processing

If you are located in the European Economic Area, United Kingdom, or Switzerland, we process your personal information based on the following legal grounds:

• Performance of Contract. We process your information to fulfill our contractual obligations to you, including providing the Services you have requested and performing our Terms of Use.
• Legitimate Interests. We process your information based on our legitimate business interests, including improving our Services, ensuring the security of our platform, preventing fraud, conducting analytics, and marketing our Services, provided these interests are not overridden by your rights and interests.
• Consent. Where required by law, we process your information based on your consent. You have the right to withdraw your consent at any time.
• Legal Obligations. We process your information to comply with legal obligations, including tax laws, data protection laws, and other regulations.

4. How We Share Your Information

We may share your information with third parties in the following circumstances.

4.1 Service Providers

We share your information with third-party service providers who perform services on our behalf, including:

• Payment processors such as Stripe, Inc., who process payment transactions and store payment information.
• Cloud storage and hosting providers who store and manage data.
• Email and communication service providers who send transactional and marketing emails.
• SMS and push notification services who deliver text messages and mobile notifications.
• Customer support platforms who help us provide customer service.
• Analytics providers who help us understand how our Services are used.
• Security and fraud prevention services who help us protect our platform and users.

These service providers are contractually obligated to protect your information and use it only for the purposes for which we share it with them.

4.2 Business Transfers

If we are involved in a merger, acquisition, reorganization, sale of assets, bankruptcy, or other business transaction, your information may be transferred as part of that transaction. We will notify you of any such transaction and any choices you may have regarding your information.

4.3 Legal Requirements and Safety

We may disclose your information if required to do so by law or in response to valid requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your information to enforce our Terms of Use and other agreements, protect our rights, property, and safety and the rights, property, and safety of our users and others, detect and prevent fraud, security breaches, and other illegal activities, and respond to emergencies.

4.4 With Your Consent

We may share your information with third parties when you have given us your consent to do so.

4.5 Aggregated and De-Identified Information

We may share aggregated, anonymized, or de-identified information that cannot reasonably be used to identify you. This information may be shared with third parties for research, analytics, marketing, or other purposes.

5. Data Retention

We retain your personal information for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements.

Account Information. We retain your account information for as long as your account is active or as needed to provide you with Services. If you close your account, we may retain certain information for legitimate business purposes, such as fraud prevention, compliance with legal obligations, and resolution of disputes. We typically retain account data for up to seven years after account closure, unless a longer retention period is required by law.

Payment Information. Payment information processed by our third-party payment processor, Stripe, is retained in accordance with their data retention policies and applicable legal requirements. We retain transaction records for tax and accounting purposes for at least seven years.

Usage Data. We retain usage and analytics data for up to twenty-four months for purposes of improving our Services and analyzing trends.

Communications. We retain communications with you, including support requests and other correspondence, for up to five years for quality assurance, training, and legal compliance purposes.

Community Content. Content you post in Community Features may be retained as long as it remains relevant and useful to the community. You may request deletion of your content at any time, subject to our Terms of Use.

Legal Hold. In some cases, we may be required to retain information for longer periods to comply with legal obligations, including litigation holds, regulatory investigations, and preservation orders.

6. Your Rights and Choices

Depending on your location and applicable law, you may have certain rights regarding your personal information.

6.1 Access and Portability

You have the right to access the personal information we hold about you and, in some cases, to receive a copy of that information in a structured, commonly used, and machine-readable format. You can access much of your information through your account settings. For additional information or to request a copy of your data, please contact us at support@monstro-x.com.

6.2 Correction and Update

You have the right to correct inaccurate or incomplete personal information. You can update most of your information through your account settings. If you need assistance updating your information, please contact us at support@monstro-x.com.

6.3 Deletion

You have the right to request deletion of your personal information, subject to certain exceptions. We may retain certain information as necessary to comply with legal obligations, resolve disputes, prevent fraud, and enforce our agreements. To request deletion of your information, please contact us at support@monstro-x.com.

6.4 Objection and Restriction

You have the right to object to certain processing of your personal information and to request that we restrict processing in certain circumstances. For example, you may object to processing based on legitimate interests or for direct marketing purposes. To exercise these rights, please contact us at support@monstro-x.com.

6.5 Withdrawal of Consent

If we process your information based on your consent, you have the right to withdraw that consent at any time. Withdrawing consent will not affect the lawfulness of processing before withdrawal.

6.6 Marketing Communications

You may opt out of receiving marketing communications from us by following the unsubscribe instructions in those communications, adjusting your account settings, or contacting us at support@monstro-x.com. Please note that even if you opt out of marketing communications, we may still send you transactional and service-related messages.

6.7 Cookies and Tracking

You can control cookies and tracking technologies through your browser settings. Most browsers allow you to refuse cookies, delete cookies, or alert you when cookies are being sent. However, disabling cookies may limit your ability to use certain features of our Services.

6.8 Do Not Track

Some web browsers have a Do Not Track feature that signals to websites that you do not want your online activities tracked. Our Services do not currently respond to Do Not Track signals.

6.9 Response Time

We will respond to your requests within thirty days, or as otherwise required by applicable law. In some cases, we may need to verify your identity before responding to your request.

7. INTERNATIONAL DATA TRANSFERS

Monstro-X is based in the United States, and we process and store information in the United States and other countries. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States and other countries where our servers are located or where our service providers operate. These countries may have data protection laws that are different from the laws of your country. However, we take steps to ensure that your information receives an adequate level of protection wherever it is processed. When we transfer personal information from the European Economic Area, United Kingdom, or Switzerland to other countries, we use legal mechanisms such as Standard Contractual Clauses approved by the European Commission or other appropriate safeguards to protect your information.

8. DATA SECURITY

We implement appropriate technical and organizational security measures designed to protect your personal information from unauthorized access, use, disclosure, alteration, and destruction. These measures include encryption of data in transit and at rest using industry-standard protocols, secure authentication and access controls, regular security assessments and penetration testing, employee training on data security and privacy, monitoring and logging of system activity, incident response and breach notification procedures, and regular backups and disaster recovery planning.

However, no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your information, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.

If we become aware of a security breach that affects your personal information, we will notify you and relevant authorities as required by applicable law.

9. CHILDRENS PRIVACY

Our Services are not intended for children under the age of thirteen, and we do not knowingly collect personal information from children under thirteen. If you are under thirteen years old, please do not use our Services or provide any personal information to us.

If we learn that we have collected personal information from a child under thirteen without verification of parental consent, we will delete that information as quickly as possible. If you believe we have collected information from a child under thirteen, please contact us at support@monstro-x.com.

In certain jurisdictions, the age of consent may be higher than thirteen. If you are located in such a jurisdiction, you must be at least the age of consent in your jurisdiction to use our Services.

10. THIRD-PARTY LINKS AND SERVICES

Our Services may contain links to third-party websites, applications, and services that are not operated or controlled by us. This Privacy Policy does not apply to those third-party services. We encourage you to review the privacy policies of any third-party services before providing them with your personal information. We are not responsible for the privacy practices or content of third-party services, and we do not endorse or make any representations about third-party services.

11. CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you have additional rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act.

11.1 Categories of Personal Information

In the preceding twelve months, we have collected the following categories of personal information as defined by the CCPA: identifiers such as name, email address, phone number, IP address, and unique device identifiers, commercial information such as purchase history, transaction details, and membership information, internet or network activity such as browsing history, search history, and interactions with our Services, geolocation data such as approximate or precise location information, audio, electronic, or visual information such as profile photos and Community Content, professional or employment-related information such as business name and role, and inferences drawn from the above to create a profile about preferences and characteristics.

11.2 Sources of Personal Information

We collect personal information from you directly, automatically through your use of our Services, from third-party service providers and business partners, and from publicly available sources.

11.3 Business or Commercial Purposes

We use personal information for the purposes described in Section 2 of this Privacy Policy, including providing Services, improving Services, communicating with you, conducting business operations, and marketing and advertising.

11.4 Categories of Third Parties

We share personal information with the categories of third parties described in Section 4 of this Privacy Policy, including service providers, business partners, and parties involved in business transfers. We do not sell or share personal information for cross-context behavioral advertising purposes.

11.5 Your California Rights

California residents have the right to know what personal information we collect, use, and disclose, the right to delete personal information subject to certain exceptions, the right to correct inaccurate personal information, the right to opt out of the sale or sharing of personal information, the right to limit use and disclosure of sensitive personal information, and the right to non-discrimination for exercising these rights.

To exercise your California privacy rights, please contact us at support@monstro-x.com or call us at 917-540-0279. We will verify your identity before responding to your request. You may designate an authorized agent to submit requests on your behalf, provided the agent has written permission to do so and you have verified your identity with us.

We do not sell personal information as defined by the CCPA, and we do not share personal information for cross-context behavioral advertising purposes.

12. NEVADA PRIVACY RIGHTS

If you are a Nevada resident, you have the right to opt out of the sale of certain personal information to third parties. We do not sell personal information as defined by Nevada law. If you have questions about our data practices or would like to exercise your Nevada privacy rights, please contact us at support@monstro-x.com.

13. EUROPEAN PRIVACY RIGHTS

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you are entitled to certain rights under the General Data Protection Regulation (GDPR) and similar laws.

13.1 Your Rights

Individuals in these regions may exercise the following rights (subject to applicable conditions and limitations):

• Access: Request a copy of your personal data held by us.
• Correction: Ask us to correct incomplete or inaccurate information.
• Erasure: Request deletion of your personal information under certain circumstances.
• Restriction: Request limitations on processing your data in specific situations.
• Objection: Object to processing that is based on our legitimate interests or for direct marketing purposes.
• Withdraw Consent: Withdraw your consent at any time if processing is based on consent.
• Data Portability: Request that your data be provided to you or a third party in a portable format.
• Complaint: Submit a complaint to a supervisory authority.

13.2 Data Controller

8BitApp LLC d/b/a Monstro-X serves as the data controller for your personal information under this Privacy Policy. You may contact us regarding privacy matters at support@monstro-x.com.

13.3 Data Protection Officer

We have not appointed a formal Data Protection Officer, as we are not required to under current laws. For all privacy-related questions or requests, please email support@monstro-x.com.

13.4 Supervisory Authority

You may have the right to file a complaint with your local data protection authority in the country where you live or work, or where you believe your rights have been infringed.

14. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy occasionally to reflect changes in our practices, services, or legal obligations. If material changes are made, we will notify you by posting the updated Privacy Policy on our website, emailing you, or providing another form of notice through our Services.

The "last updated" date at the top of this document indicates when this Privacy Policy was most recently revised. By continuing to use our Services after any changes take effect, you accept and agree to the revised Privacy Policy.

We recommend that you periodically review this Privacy Policy to remain informed about how we collect, use, and safeguard your information.

15. CONTACT US

If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:

8BitApp LLC d/b/a Monstro-X
7901 4th St N, Ste 300
St. Petersburg, FL 33702, USA
Email: support@monstro-x.com
Phone: 917-540-0279

For privacy-specific inquiries, please include "Privacy Policy Request" in the subject line of your email.

16. ADDITIONAL INFORMATION FOR SPECIFIC USERS

16.1 Business Account Owners

If you are a business account owner, you are responsible for ensuring that your use of our Services complies with applicable data protection laws, including obtaining necessary consents from your members and staff for the collection and processing of their personal information through our Services. You act as a data controller with respect to your members' personal information, and we act as a data processor on your behalf.

You must provide your members and staff with appropriate privacy notices describing how their information will be collected and used. You are responsible for responding to data subject requests from your members and staff and for ensuring that you have a lawful basis for processing their information.

16.2 Members and Staff

If you are a member or staff member accessing our Services through a business account, please be aware that your gym, studio, or school is responsible for the information they collect from you and provide to us. We process that information on behalf of your gym, studio, or school in accordance with their instructions and our agreements with them.

For questions about how your gym, studio, or school uses your information, please contact them directly. For questions about how we process information on their behalf, you may contact us at support@monstro-x.com.

17. AUTOMATED DECISION-MAKING

We may use automated decision-making processes, including profiling, to improve our Services and personalize your experience. For example, we may use algorithms to recommend content, suggest connections, or display relevant advertisements. You have the right to object to automated decision-making that produces legal effects or similarly significantly affects you. If you would like to exercise this right, please contact us at support@monstro-x.com.

18. BIOMETRIC INFORMATION

We do not currently collect or process biometric information such as fingerprints or facial recognition data. If we decide to collect biometric information in the future, we will update this Privacy Policy and obtain your consent as required by applicable law.

19. SENSITIVE PERSONAL INFORMATION

We generally do not collect sensitive personal information such as health information, financial account information, Social Security numbers, or information about your race, ethnicity, religious beliefs, or sexual orientation. However, you may choose to provide such information through Community Features or other parts of our Services. If you provide sensitive personal information, you consent to our processing of that information for the purposes described in this Privacy Policy. We will take appropriate measures to protect sensitive personal information and will not use it for purposes other than those for which you provided it without your consent.

20. ACCURACY AND UPDATES

We rely on you to provide accurate, complete, and current information. If your information changes, please update it promptly through your account settings or by contacting us. We are not responsible for any losses or damages arising from your failure to provide accurate information or to update your information. By accepting this Privacy Policy, you acknowledge that you have read, understood, and agree to be bound by all provisions herein.