Legal

Privacy Policy

Effective as of June 20, 2025

This Privacy Policy describes how Phi 1.618, Inc. t/a ARQ (“ARQ”, “we”, “us” or “our”) processes personal information that we collect through our physical, digital or online properties or services that link to this Privacy Policy (including as applicable, our website, mobile application, and social media pages) as well as our marketing activities, and other activities described in this Privacy Policy (collectively, the “Service”). We may provide additional or supplemental privacy policies to individuals for specific products or services.

Personal information we collect

Information you provide to us or that we generate about you. Personal information you may provide to us through the Service or otherwise or that we may generate about you includes:

Contact data, such as your name, email address, billing and mailing addresses, and phone number.
Demographic data, such as your age, sex and gender identity.
Profile data, such as the username and password that you may set to establish an online account on the Service, biographical details, employment, redemption code, photograph or picture, links to your profiles on social networks, interests, preferences, and any other information that you add to your account profile.
Communications data, based on our exchanges with you, including when you contact us through the Service, chat features, social media, or otherwise.
Transactional data, such as information relating to or needed to complete your orders through the Service (including order numbers and transaction history).
Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
Payment data, needed to complete transactions, including payment card information or bank account number.
Interview and testimonial data, such as video and audio recordings of your interview(s) or testimonials, written transcripts or summaries created from them, and photographs.

Special categories of personal data

Health data, from responses to questionnaires or interviews, including information regarding personal, professional, and / or medical history, diet, sleep, exercise, and nutrition.
Lab data, such as the results of lab tests including blood test results, confirmatory analyses, reference ranges, physician notes interpreting such results, associated demographic data to contextualize the laboratory values, and medical history.
Connected account data, which is data linked or otherwise connected or integrated from fitness trackers or other wearable health devices or mobile applications, such as HRV, heart rate, blood glucose level, skin temperature, and sleep scores.
Derived data, such as inferences about your health and training that we derive or otherwise infer from your interviews, questionnaires, and other data we collect from you.
Relationship data, such as familial or other relationship to third parties whose personal information you may provide to us through the Service.

As well as

Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

The collection of such information is necessary and essential for the provision of the ARQ services and it shall be subject to your prior and explicit consent collected in accordance with this Privacy Policy.

Third-party sources. We may combine personal information we receive from you with personal information falling within one of the categories identified above that we obtain from other sources, such as:

Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
Data providers, such as data licensors.
Laboratory, medical partners, and connected device companies, who may provide your personal information to us pursuant to your authorization.
Partners, such as marketing and service partners.
Employers, who may provide additional information about you.
Company designees, which include researchers or interviewers who conduct questionnaires or interviews on our behalf.
Service providers that provide services on our behalf or help us operate the Service or our business.

Before providing permission to such third parties to share your personal data, you should check their privacy policies carefully.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Precise geolocation data when you authorize our mobile application to access your device’s location.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open and / or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

For more information concerning our automatic collection of data, please see the Tracking technologies section below.

Tracking technologies

We use cookies and similar technologies to automatically collect certain information about the use of our services, in accordance with Regulation (EU) 2016/679 (GDPR), the ePrivacy Directive (2002/58/EC), and the Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), as well as the AEPD Guidelines on the use of cookies.

Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. A cookie contains a characteristic string of characters that allows your browser to be uniquely identified when you return to the website. This helps us to personalize our offering, make it more user-friendly, effective, and secure, and enable the provision of certain features.

We use the following types of cookies on our website:

Strictly necessary (technical) cookies: required for the proper functioning of the website.
Preference cookies: allow the website to remember user choices.
Analytics cookies: used to measure and analyze website usage.
Advertising cookies (where applicable): used to manage advertising spaces and deliver personalized ads.

Cookies may be:

Session cookies: deleted when the browser is closed.
Persistent cookies: stored for a defined period.
First-party cookies: set by us.
Third-party cookies: set by external providers.

The use of non-essential cookies is subject to the user’s prior consent, which can be given, refused, or configured through the cookie banner or settings panel.

Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications. These technologies are subject to the same transparency and, where applicable, consent requirements as cookies.

Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked. Web beacons can identify your computer and evaluate your user behavior, such as reactions to promotions. The information collected by web beacons cannot be used to identify you.

Chat technologies, such as those provided by Intercom or other service providers to operate the chat features that you can use to communicate with us through the Service. Intercom and other service providers may access and use information about webpages visited on our website, your IP address, your general geographic information (e.g., city, state), and other personal information you share through online chats for the purposes described in this Privacy Policy.

For information concerning your choices with respect to the use of tracking technologies, see the Your choices section, below.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery and operations. We may use your personal information to:

provide and operate the Service;
enable security features of the Service (such as by sending you security codes via email or SMS, and remembering devices from which you have previously used to access the Service);
establish and maintain your user profile on the Service;
communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages (including via SMS);
communicate with you about events or contests in which you participate; and
provide support for the Service, and respond to your requests, questions and feedback.

Service personalization, which may include using your personal information to:

understand your needs and interests;
create a profile of your health and training;
personalize your experience with the Service and our Service-related communications; and
remember your selections and preferences as you navigate webpages.

Service improvement and analytics. We may use your personal information to analyse your usage of the Service, improve the Service, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services.

Marketing and advertising. Provided that you give your explicit consent for this purpose, we, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Your choices section below.
Interest-based advertising. We and our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the Tracking technologies section above) with the Service, our communications and other online services over time, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms.

Events, promotions and contests. Subject to your consent to the use of your personal data for marketing purposes, we may use your personal information to:

administer promotions and contests;
communicate with you about promotions or contests in which you participate; and
contact or market to you after collecting your personal information at an event.

Data sharing in the context of corporate events. Provided that you give your specific consent for this purpose, we may share certain personal information in the context of actual or prospective corporate events – for more information, see How we share your personal information, below.

Compliance and protection. We may use your personal information to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

To create aggregated, de-identified and / or anonymized data. We may create aggregated, de-identified and / or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and / or anonymized data by removing information that makes the data identifiable to you. We may use this aggregated, de-identified and / or anonymized data and share it with third parties for our lawful business purposes, including for research and other analytical purposes as well as to analyse and improve the Service and promote our business.

Insights and development. We may use your personal information for insights and development purposes, including to analyse and improve the Service and our business and to develop new products and services. With your consent, we may use your personal information to train our artificial intelligence models.

Cookies and similar technologies. In addition to the other uses included in this section, we may use the cookies and similar technologies described above for the following purposes:

Technical operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service.
Functionality. To enhance the performance and functionality of our services.
Advertising. To help our third-party advertising partners collect information about how you use the Service and other online services over time, which they use to show you ads on other online services they believe will interest you and measure how the ads perform.
Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails.

Further uses. In some cases, we may use your personal information for further uses, in which case we will ask for your consent to use of your personal information for those further purposes if they are not compatible with the initial purpose for which information was collected.

Legal bases for processing your personal data

The processing of your personal data is carried out on the basis of a legal permission standard, namely either on the basis of your consent in accordance with Art. 6 para. 1 a) GDPR, or our overriding legitimate interest in processing in accordance with Art. 6 para. 1 f) GDPR, or its necessity for the performance of the contract with you and the provision of our services or the implementation of pre-contractual measures in accordance with Art. 6 para. 1 b) GDPR or the fulfilment of a necessary legal obligation of ARQ pursuant to Art. 6 para. 1 c) GDPR.

Retention

We generally retain personal information to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. Notwithstanding the foregoing, in no event shall data be retained for a period longer than that permitted under applicable law.

In order to provide you the ARQ Services, we may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection. We will only use processors providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of the applicable regulations and ensure the protection of the rights of the data subject. In this case, the processing of your data will be governed by a contract or other valid legal act with the corresponding processor.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).

Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe. Stripe may use your payment data in accordance with its privacy policy, https://stripe.com/privacy.

Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.

AI providers. Our Service integrates with AI (including generative AI) providers, to provide specific services or features. Your personal information may be governed by our agreements with those providers, which shall always be GDPR compliant.

Partners. Third parties with whom we partner, including parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Enterprise customers or employers. We may share your personal information with enterprise customers or employers with whom you are affiliated. By agreeing to this Privacy Policy, you direct us to disclose your personal information to our enterprise customers or employer partners. We do not necessarily control how the relevant enterprise customer or employer may use your personal information.

Third parties designated by you. We may share your personal information with third parties where you have instructed us or provided your consent to do so, for example, your employer.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.

Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in or financings of ARQ, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of ARQ as part of any merger, acquisition, sale of assets, or similar transaction, and / or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Other third parties. If you request immediate assistance related to your health or wellbeing, we may, at your direction, connect you to first responders, mental health and medical professionals, and support hotlines.

Other users. Your profile and other user-generated content data (except for messages) may be visible to other users of the Service. For example, other users of the Service or the public may have access to your information if you choose to make your profile or other personal information available to them through the Service, such as when you provide posts, comments, or share other content. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.

We will NOT sell your personal healthcare data without prior express voluntary consent.

Furthermore, when you are providing us with your personal data for the provision of our services to you and your employer, provided that you have given to us a specific consent to this purpose, we will share your data and the results of its processing with your employer, in order to be able to provide you with the contracted services.

Your choices

Pursuant to the EU GDPR and the applicable regulations, you have the following rights:

Information. The right to be provided with clear and transparent information about the processing of your personal data, including details such as the identity and contact information of the data controller, the purposes and legal basis of the processing, the categories of personal data concerned, the recipients or categories of recipients of the data, any transfers of personal data to third countries and other aspects included in articles 13 and 14 of the GDPR.
Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account.
Delete. Delete your personal information. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
Object. The right to object to i) processing based on our legitimate interests, ii) processing of your information for direct marketing purposes and iii) automated decision making and profiling.
Portability. The right to receive a copy of your information in a readable format, or have this sent to a third party.
Restrict. The right to ask us to stop processing of your personal information.
Right to opt out. You have the right to opt-out of targeted advertising, and profiling decisions that could produce legal or similarly significant effects. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.
Withdraw consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time. This will not affect the lawfulness of any processing carried out before you withdraw your consent.
Compensation. The right to claim compensation for material or non-material damage caused if we breach the applicable data protection regulations.
Right to non-discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

You can exercise the aforementioned rights as well as withdraw your consent at any time, by sending an email to privacy@onearq.com or a letter to c/o V Brown & Company, 110 W 40th Street, Ste. 2101, New York, New York 10018. We reserve the right to verify or deny any such requests as permitted under applicable laws.

You can also file a complaint with the Data Protection Agency or with the competent data protection authority of your jurisdiction.

Additionally, you have the following rights:

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as essential, we may not be able to provide those services.

Delete your content or close your account. You can choose to delete all or certain content through your account. If you wish to request to close your account, email us at privacy@1618fit.com.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and/or disclosure. Details of these measures can be obtained on request and include, among others, access controls and restrictions, encryption of the personal data, audits, constant monitoring and regular review of the safety mechanisms implemented.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure. In all cases, appropriate contractual agreements will be in place to ensure the lawful and secure processing of your personal data.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Our security measures are regularly reviewed.

International data transfers

We are headquartered in the United States and may use service providers that operate in other countries.

Your personal information may be transferred to the United States, guaranteeing the applicable level of data protection in accordance with the EU-US Data Privacy Framework or other locations where we operate and that have been recognized by the European Commission as offering an adequate level of data protection.

If we do this, your personal information will continue to be subjected to one or more appropriate safeguards set out in the law, for example, we may use model contracts in a form approved by the applicable regulations. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and the applicable regulations.

Children

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). Any changes to this Privacy Policy will be communicated to you in a clear and transparent manner. Where such changes require consent under the law, we will request your consent in accordance with applicable data protection laws.

How to contact us

Email: privacy@1618fit.com
Address: Phi, c/o V Brown & Company, 110 W 40th Street, Ste. 2101, New York, New York 10018