Privacy Policy

1. Who we are

Wow FitFil Movement Inc. (“FitFil,” “Fivell,” “we,” “us,” or “our”), with its address at 90 Matatag St, Pinyahan, Diliman, Quezon City, 1100 Metro Manila, is the Business Partner and product owner of the Fivell.life website and mobile app (the “Service”). FitFil is the Personal Information Controller for the personal data described in this Policy: it determines the purposes and means of processing.

Aether InfiniMini Solutions Corp. (“Aether”), with its address at SMDC Fame Mall, Mayflower St, Highway Hills, Mandaluyong 1550, is our Technology Partner with a share in commercials. For purposes of the Data Privacy Act of 2012 (Republic Act No. 10173), Aether is a Personal Information Processor: it processes personal data on FitFil’s behalf and under FitFil’s instructions. References to “we,” “us,” or “our” in this Policy mean FitFil as Controller, except where we expressly refer to Aether as Technology Partner or Processor.

We are committed to protecting your privacy in line with the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations (IRR), and the circulars, advisories, and guidance of the National Privacy Commission (NPC). We follow the general data privacy principles of transparency, legitimate purpose, and proportionality.

This Policy should be read together with our Terms and Conditions.

2. Personal data we collect

We only collect personal data that is adequate, relevant, and not excessive for the purposes described in this Policy.

3. Journals and sensitive personal information

We process sensitive personal information only with your explicit consent, or where another basis under Section 13 of the Data Privacy Act applies (for example, to protect life and health where you are unable to give consent, or where needed to establish, exercise, or defend legal claims). You can withdraw your consent at any time (see Section 5).

4. How we use data and our lawful basis

We process personal data under Sections 12 and 13 of the Data Privacy Act. For users covered by the GDPR or similar laws, the corresponding lawful bases are shown below.

We will not use your personal data for purposes that are incompatible with those listed above without telling you and, where required, getting your consent. We do not sell your personal data.

5. Consent

• Where we rely on consent, we will ask for it in a way that is freely given, specific, informed, and an indication of your will, evidenced by written, electronic, or recorded means, in line with the Data Privacy Act and NPC guidance.
• We ask for separate consent for different purposes (for example, processing health information is separate from marketing). Consent is never bundled as a condition for unrelated features.
• You can withdraw consent at any time in your app settings or by contacting our DPO at dpo@fivell.life. Withdrawal does not affect processing done before you withdrew. Some features (such as journals or sharing health information with a Professional) may not work without the related consent.

6. How we share data

We share personal data only as needed for the purposes in this Policy, and only with recipients bound by appropriate confidentiality and data protection obligations.

• Professionals. When you book a private session, we share the information needed for that booking (for example, your name, contact details, booking details, and anything you choose to share with them). Professionals are independently responsible for protecting the information you give them in the course of their services.
• Event hosts. When you register for an event, we share the information needed for attendance (for example, your name and RSVP details).
• Other users. Information you make public, such as your public profile, posts, and reviews, is visible to other users and may be visible to the public.
• Payment processors and app stores. Third-party payment processors and the Apple App Store and Google Play process payments under their own privacy policies.
• Technology Partner (Aether). Aether InfiniMini Solutions Corp. processes personal data on FitFil’s behalf as a Personal Information Processor under written arrangements, as required by the Data Privacy Act and its IRR. Aether’s commercial relationship with FitFil is that of Technology Partner with a share in commercials; its data role is Processor, not Controller.
• Hosting and other service providers. Cloud hosting, data storage, video streaming, email and messaging, analytics, customer support, and security providers who process data on our behalf as personal information processors under written data sharing or outsourcing agreements, as required by the Data Privacy Act and its IRR.
• Legal and safety. Courts, regulators, law enforcement, or other authorities when required by law, legal process, or lawful order, or where necessary to protect the life, health, safety, or rights of any person.
• Business transfers. A buyer, successor, or partner in a merger, acquisition, or sale of assets, subject to this Policy and with notice to you.

7. Cross-border transfers

Fivell is available worldwide, and some of our service providers (such as cloud hosting and payment processors) may store or process data outside the Philippines. Under the accountability principle of the Data Privacy Act (Section 21), we remain responsible for personal data transferred to third parties, including those abroad. We use contractual and other reasonable safeguards to make sure that your data receives a level of protection comparable to that required under Philippine law. Where the GDPR or similar laws apply, we use recognized transfer mechanisms such as standard contractual clauses.

8. Cookies and similar technologies

We use cookies, local storage, SDKs, and similar technologies on our website and app:

• Strictly necessary: to keep you signed in, secure the Service, and remember your settings. These cannot be turned off.
• Analytics and performance: to understand how the Service is used and to fix problems.
• Marketing: to measure campaigns and, where you allow it, show relevant content.

Where required, we will ask for your consent before setting non-essential cookies. You can manage cookies in your browser and app or device settings. Blocking some cookies may affect how the Service works.

9. Retention

We keep personal data only for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, or to establish, exercise, or defend legal claims. In general:

• Account, profile, and journal data: for as long as your account is active. When you delete your account, we delete or anonymize this data within a reasonable period, except where we must keep it longer by law.
• Payment and transaction records: for the period required by Philippine tax and accounting laws.
• Session and booking records: for as long as needed to provide the Service, handle disputes, and meet legal obligations.
• Device and usage data: for a limited period, after which it is deleted or aggregated.

When data is no longer needed, we securely delete, destroy, or anonymize it.

10. Security

We use reasonable and appropriate organizational, physical, and technical security measures, as required by the Data Privacy Act and its IRR, to protect personal data against loss, misuse, unauthorized access, alteration, and disclosure. These include:

• Encryption of data in transit and, for sensitive data such as journals, at rest.
• Strict access controls based on job need, with confidentiality obligations for staff.
• Regular monitoring, testing, and review of our security measures.
• Written agreements requiring our service providers to protect your data.

No system is completely secure. Please protect your password and tell us immediately at support@fivell.life if you suspect unauthorized access to your account.

11. Your rights

Under the Data Privacy Act, as a data subject you have the right to:

• Be informed whether and how your personal data is being processed.
• Access your personal data and information about how it is processed.
• Object to processing, including for direct marketing, automated processing, or profiling, and to withhold consent.
• Erasure or blocking of personal data that is incomplete, outdated, false, unlawfully obtained, or no longer necessary.
• Rectification of inaccurate or incomplete data.
• Data portability: to obtain a copy of your data in an electronic, commonly used format.
• Damages for harm caused by inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of personal data.
• File a complaint with the National Privacy Commission (privacy.gov.ph).

Many of these rights can be exercised directly in the app (for example, editing your profile, downloading your journal, or deleting your account).

12. Rights for users outside the Philippines

If you live in the European Economic Area, the United Kingdom, California, or another place with data protection laws, you may have additional rights. We respect these rights wherever they apply, including:

• GDPR / UK GDPR-style rights: access, rectification, erasure, restriction of processing, data portability, objection (including to processing based on legitimate interests), withdrawal of consent, and the right to complain to your local data protection authority.
• CCPA / CPRA-style rights (California): to know what personal information we collect, use, and disclose; to delete it; to correct it; to opt out of the “sale” or “sharing” of personal information (we do not sell or share personal information for cross-context behavioral advertising); to limit the use of sensitive personal information; and to not be discriminated against for exercising these rights.

You can exercise these rights using the methods in Section 13. You may also use an authorized agent where local law allows.

13. How to exercise your rights

1. Use the privacy settings in the app, or email our DPO at dpo@fivell.life with the subject line “Data Subject Request.”
2. Tell us which right you want to exercise and include enough information for us to find your account.
3. We may ask you to confirm your identity before acting on your request to protect your data.
4. We will respond within a reasonable period and within any time limit required by applicable law. Requests are generally free of charge, unless they are clearly unfounded or excessive.

If you are not satisfied with our response, you may file a complaint with the National Privacy Commission or, if you are outside the Philippines, your local data protection authority.

14. Data Protection Officer

We have appointed a Data Protection Officer (DPO) to oversee our compliance with the Data Privacy Act. You can contact our DPO about any privacy question, request, or concern:

Data Protection Officer
Wow FitFil Movement Inc. (Personal Information Controller)
90 Matatag St, Pinyahan, Diliman, Quezon City, 1100 Metro Manila
Email: dpo@fivell.life

Technology Partner / Personal Information Processor:
Aether InfiniMini Solutions Corp.
SMDC Fame Mall, Mayflower St, Highway Hills, Mandaluyong 1550

15. Personal data breaches

We maintain a personal data breach management procedure in line with the Data Privacy Act, its IRR, and NPC Circular No. 16-03 (Personal Data Breach Management) and related NPC issuances. Where a breach involves sensitive personal information or other information that may enable identity fraud, and is reasonably believed to have been acquired by an unauthorized person in a way that creates a real risk of serious harm to affected data subjects, we will notify the National Privacy Commission and affected data subjects within seventy-two (72) hours of becoming aware of the breach, as required. Our notice will describe the nature of the breach, the data involved, the measures we have taken, and steps you can take to protect yourself. Where other laws apply, we will also meet their notification requirements.

16. Children and minors

The Service is intended for users aged 18 and above. Users under 18 may use the Service only with the consent and supervision of a parent or legal guardian, as described in our Terms. We collect personal data of minors only with verifiable parental or guardian consent, and apply extra care to minors’ data, including limiting public profile visibility by default. If you believe we have collected a minor’s data without proper consent, contact dpo@fivell.life and we will promptly review and, where appropriate, delete it.

17. Changes to this Policy

We may update this Policy from time to time to reflect changes in our practices or the law. If we make material changes, we will notify you in the app or by email before they take effect and, where required, ask for your consent again. The “Effective date” at the top shows when this Policy was last updated.

18. Contact us

Wow FitFil Movement Inc. (Business Partner / Personal Information Controller)
90 Matatag St, Pinyahan, Diliman, Quezon City, 1100 Metro Manila
General support: support@fivell.life
Data Protection Officer: dpo@fivell.life

Aether InfiniMini Solutions Corp. (Technology Partner / Personal Information Processor)
SMDC Fame Mall, Mayflower St, Highway Hills, Mandaluyong 1550