Privacy policy
PRIVACY POLICY
Last Updated: September 20, 2026
SECTION 1 — PURPOSE AND SCOPE
1.1 DEFYNE PERFORMANCE. DEFYNE PERFORMANCE (“DEFYNE PERFORMANCE,” “we,” “us,” or “our”) operates this store, website, and related Services.
1.2 Services. This Privacy Policy explains how we collect, use, disclose, retain, and protect personal information when you:
(a) visit www.defyneperformance.com;
(b) create or use a customer account;
(c) purchase or return a product;
(d) purchase or access a digital product;
(e) book a consultation;
(f) enrol in coaching or a subscription;
(g) use a coaching platform, including Trainerize where applicable;
(h) submit an intake form, check-in, testimonial, or progress update;
(i) communicate with us; or
(j) otherwise interact with our products and services;
collectively, the “Services.”
1.3 Shopify. Our online store is powered by Shopify, which enables us to provide the Services. Shopify also processes certain personal information as described in Section 10.
1.4 Acknowledgement. By using the Services, you acknowledge that you have read and understood this Privacy Policy. Where applicable law requires consent, we will request consent separately or rely on another lawful basis permitted by law.
1.5 Priority. If this Privacy Policy conflicts with our Terms of Service concerning the collection, use, or disclosure of personal information, this Privacy Policy will control for that subject.
SECTION 2 — WHAT PERSONAL INFORMATION MEANS
2.1 Definition. “Personal information” means information that identifies an individual or can reasonably be linked to an identifiable individual.
2.2 Exclusions. Personal information does not include information that has been lawfully anonymized or de-identified so that it cannot reasonably be connected to an individual.
2.3 Sensitive Information. Some information collected during coaching may be sensitive, including:
(a) health history;
(b) injuries or physical limitations;
(c) body measurements;
(d) weight or body-composition information;
(e) nutrition information;
(f) progress photographs or videos;
(g) fitness performance; and
(h) information concerning physical or mental well-being.
We limit our use of sensitive information to appropriate coaching, safety, administrative, legal, and separately authorized purposes.
SECTION 3 — PERSONAL INFORMATION WE COLLECT
3.1 Contact Information. We may collect:
(a) full name;
(b) email address;
(c) telephone number;
(d) billing address;
(e) shipping address; and
(f) other contact information you provide.
3.2 Account Information. We may collect:
(a) customer account details;
(b) login and authentication information;
(c) account preferences and settings;
(d) subscription status; and
(e) information associated with your account activity.
We might not have direct access to your complete password where authentication is managed by Shopify or another provider.
3.3 Order and Transaction Information. We may collect:
(a) products and Services viewed or purchased;
(b) shopping-cart activity;
(c) returns, refunds, exchanges, and cancellations;
(d) discount or promotion use;
(e) order and subscription history;
(f) shipping and delivery details; and
(g) payment confirmation and transaction details.
3.4 Payment Information. Payment providers may collect or process:
(a) payment-card information;
(b) billing details;
(c) financial account information;
(d) payment method; and
(e) authorization and fraud-screening information.
DEFYNE PERFORMANCE does not necessarily receive or store complete payment-card numbers.
3.5 Coaching and Consultation Information. If you book a consultation or participate in coaching, we may collect:
(a) goals and preferences;
(b) training experience;
(c) availability and scheduling information;
(d) equipment access;
(e) exercise performance and adherence;
(f) nutrition and lifestyle information;
(g) sleep and stress information;
(h) injuries, limitations, or relevant health information;
(i) body measurements and weight information;
(j) progress photographs and videos;
(k) check-ins and assessments;
(l) messages exchanged with your coach; and
(m) information you voluntarily include in an intake form or coaching platform.
3.6 Communications. We may collect information contained in:
(a) emails;
(b) contact forms;
(c) support requests;
(d) coaching messages;
(e) social-media messages;
(f) reviews and testimonials; and
(g) telephone or video conversations.
3.7 Device and Technical Information. We may automatically collect:
(a) IP address;
(b) browser type;
(c) device type;
(d) operating system;
(e) network connection information;
(f) unique device or online identifiers;
(g) cookie identifiers; and
(h) general location inferred from an IP address.
3.8 Usage Information. We may collect information about how you interact with the Services, including:
(a) pages and products viewed;
(b) links selected;
(c) referring pages;
(d) visit dates and times;
(e) shopping-cart activity;
(f) email interactions; and
(g) website navigation and engagement.
3.9 Marketing Information. We may collect:
(a) email or SMS subscription preferences;
(b) advertising interactions;
(c) campaign engagement;
(d) product interests; and
(e) consent and opt-out records.
3.10 User Content. We may collect reviews, testimonials, photographs, videos, social-media content, and other materials you choose to submit.
SECTION 4 — HOW WE COLLECT INFORMATION
4.1 Directly From You. We collect information when you:
(a) create an account;
(b) make a purchase;
(c) enrol in coaching;
(d) complete an intake form;
(e) submit a check-in;
(f) upload progress materials;
(g) contact us;
(h) subscribe to marketing;
(i) post a review; or
(j) otherwise provide information.
4.2 Automatically. We may collect information automatically through:
(a) cookies;
(b) pixels;
(c) software development kits;
(d) local-storage technologies;
(e) server logs; and
(f) similar technologies.
4.3 Service Providers. We may receive information from providers that support:
(a) ecommerce and customer accounts;
(b) payments;
(c) shipping and fulfilment;
(d) analytics;
(e) marketing;
(f) fraud prevention;
(g) booking and scheduling;
(h) coaching delivery; and
(i) customer support.
4.4 Coaching Platforms. Where you use Trainerize or another coaching platform, we may receive the profile, assessment, exercise, check-in, message, progress, and subscription information made available through that platform.
4.5 Other Parties. We may receive information from advertising partners, social-media platforms, referral sources, fraud-prevention providers, or other parties where permitted by law.
SECTION 5 — HOW WE USE PERSONAL INFORMATION
5.1 Providing Products and Services. We may use personal information to:
(a) process and fulfil orders;
(b) process payments;
(c) arrange delivery;
(d) manage returns and refunds;
(e) provide digital products;
(f) manage accounts and subscriptions;
(g) schedule consultations;
(h) provide coaching; and
(i) respond to customer requests.
5.2 Coaching and Personalization. We may use coaching information to:
(a) understand your stated goals;
(b) personalize training or coaching recommendations;
(c) monitor progress and adherence;
(d) adjust coaching delivery;
(e) identify disclosed limitations or safety concerns;
(f) communicate feedback; and
(g) maintain coaching records.
Our use of health-related information for coaching does not make DEFYNE PERFORMANCE a healthcare provider.
5.3 Communications. We may use personal information to send:
(a) order confirmations;
(b) delivery information;
(c) booking reminders;
(d) coaching communications;
(e) subscription notices;
(f) account and security notices; and
(g) customer-service responses.
5.4 Marketing. Where permitted by law, we may use contact and engagement information to:
(a) send promotional email or text messages;
(b) promote products and coaching Services;
(c) measure campaign performance;
(d) recommend products or Services; and
(e) display or measure advertising.
You may unsubscribe from marketing without affecting necessary transactional or coaching messages.
5.5 Analytics and Improvement. We may use information to:
(a) understand website activity;
(b) improve products and Services;
(c) troubleshoot technical problems;
(d) evaluate customer experience;
(e) forecast demand; and
(f) develop business insights.
5.6 Security and Fraud Prevention. We may use information to:
(a) authenticate accounts;
(b) detect fraud;
(c) investigate unauthorized transactions;
(d) prevent malicious activity;
(e) enforce our policies; and
(f) protect customers, DEFYNE PERFORMANCE, and other parties.
5.7 Legal Purposes. We may use personal information to:
(a) comply with applicable law;
(b) respond to lawful government or court requests;
(c) establish, exercise, or defend legal claims;
(d) maintain tax and accounting records;
(e) investigate policy violations; and
(f) protect legal rights and safety.
SECTION 6 — TRANSFORMATION PHOTOS AND PROMOTIONAL CONSENT
6.1 Coaching Use. Progress photographs, videos, measurements, check-ins, and other materials submitted through a coaching platform or sent to a coach are used primarily to provide coaching.
6.2 No Automatic Advertising Consent. Uploading, submitting, or sending progress materials does not automatically authorize their use in:
(a) paid advertisements;
(b) website promotions;
(c) public testimonials;
(d) social-media posts;
(e) email marketing; or
(f) printed promotional materials.
6.3 Separate Express Consent. Before using identifiable progress photographs, transformation photographs, private coaching materials, or sensitive client information publicly, we will seek separate express permission through a written or electronic media release.
6.4 Consent Choices. The media release may allow you to choose whether we may use:
(a) before-and-after photographs;
(b) photographs with your face visible;
(c) photographs with your face concealed or cropped;
(d) videos;
(e) written or recorded testimonials;
(f) your first name, full name, initials, or an anonymous description;
(g) your social-media username;
(h) body measurements or general result information; and
(i) particular advertising or promotional channels.
6.5 Voluntary Consent. Promotional consent is voluntary and is not required to receive coaching.
6.6 Withdrawal. You may withdraw promotional consent for future use by contacting defyneperformance@gmail.com.
After receiving and verifying your request:
(a) we will stop new promotional use;
(b) we will remove affected digital content under our control within a reasonable period where reasonably possible;
(c) withdrawal will not require the recall of printed materials already distributed; and
(d) withdrawal will not undo advertising or publications lawfully completed before the request.
6.7 Accuracy. We will not knowingly alter transformation materials in a materially misleading way or falsely represent a client’s results.
SECTION 7 — COOKIES AND SIMILAR TECHNOLOGIES
7.1 Use of Technologies. We and our providers, including Shopify, may use cookies and similar technologies to:
(a) operate the website;
(b) keep accounts secure;
(c) remember preferences;
(d) preserve shopping-cart activity;
(e) understand website use;
(f) measure performance;
(g) prevent fraud; and
(h) support advertising and personalization where permitted.
7.2 Cookie Categories. Technologies used may include:
(a) strictly necessary cookies;
(b) functional cookies;
(c) analytics cookies; and
(d) advertising or targeting cookies.
7.3 Consent. Where required, non-essential technologies will be used based on your consent choices.
7.4 Browser Settings. You may control certain cookies through your browser or Shopify’s customer privacy tools. Blocking necessary cookies may prevent parts of the website from functioning properly.
7.5 Global Privacy Control. Where legally applicable and supported, Shopify may recognize Global Privacy Control signals for certain sale, sharing, or targeted-advertising opt-outs.
SECTION 8 — MARKETING AND ADVERTISING
8.1 Marketing Messages. We may send marketing communications where you have consented or where otherwise permitted by law.
8.2 Unsubscribing. You may unsubscribe through the link in an email or by contacting us. We may continue sending non-promotional messages concerning:
(a) orders;
(b) accounts;
(c) subscriptions;
(d) appointments;
(e) coaching;
(f) security; and
(g) legal or policy notices.
8.3 Personalized Advertising. We may work with Shopify and other providers to measure advertising or show relevant advertising based on website activity, subject to consent and opt-out rights applicable where you live.
8.4 No Sale for Money. We do not sell personal information for money. Certain advertising activities may nevertheless be treated as “selling,” “sharing,” or “targeted advertising” under some privacy laws. Where applicable, you may exercise an opt-out through our customer privacy controls or by contacting us.
SECTION 9 — HOW WE DISCLOSE PERSONAL INFORMATION
9.1 Shopify. We disclose information to Shopify as needed to operate the online store and provide Shopify-powered Services.
9.2 Operational Providers. We may disclose necessary information to providers supporting:
(a) payment processing;
(b) shipping and fulfilment;
(c) cloud hosting and storage;
(d) analytics;
(e) customer support;
(f) email and SMS delivery;
(g) appointment scheduling;
(h) fraud prevention; and
(i) accounting or professional advice.
9.3 Coaching Providers. We may disclose appropriate information to Trainerize or another coaching platform used to deliver coaching Services.
9.4 Marketing Partners. Subject to applicable consent and opt-out rights, we may disclose identifiers, engagement information, or purchase activity to providers that assist with advertising and campaign measurement.
9.5 At Your Direction. We may disclose information when you direct us to do so, including when:
(a) arranging delivery;
(b) using a third-party login;
(c) connecting a social-media feature; or
(d) authorizing promotional use through a media release.
9.6 Legal and Safety Reasons. We may disclose information where reasonably necessary to:
(a) comply with law or valid legal process;
(b) investigate fraud or unlawful conduct;
(c) enforce agreements and policies;
(d) protect legal rights; or
(e) address a credible safety risk.
9.7 Business Transactions. Personal information may be transferred as part of a proposed or completed merger, financing, sale, reorganization, insolvency, or transfer of business assets, subject to applicable law.
9.8 No Unrestricted Licence. Disclosure to a provider does not give that provider unrestricted permission to use personal information for unrelated purposes.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
10.1 Shopify Processing. Shopify collects and processes information concerning your access to and use of the Services to operate, protect, personalize, and improve Shopify-powered services.
10.2 Information Transfers. Information submitted through the store will be transmitted to Shopify and may be processed by Shopify or its providers in countries outside your country of residence.
10.3 Enhanced Services. We may use Shopify features that incorporate information from your interactions with our store, Shopify, and other merchants to protect, personalize, grow, or improve Services.
10.4 Shopify Responsibility. For certain enhanced Shopify features, Shopify may be responsible for aspects of its processing and for responding to rights requests concerning that processing.
You can learn more through the Shopify Consumer Privacy Policy:
https://www.shopify.com/legal/privacy/consumers
You may also use the Shopify Privacy Portal:
SECTION 11 — THIRD-PARTY WEBSITES AND SERVICES
11.1 External Services. The Services may contain links to websites, apps, or platforms that we do not control.
11.2 Separate Practices. Third-party services, including social-media platforms and coaching software, have their own privacy and security practices. Review their policies before providing information.
11.3 Public Information. Information posted in a public or semi-public social-media area may be visible and reused by other users. Avoid posting sensitive information publicly.
11.4 No Control. We are not responsible for an independent third party’s privacy or security practices, except where applicable law provides otherwise.
SECTION 12 — CHILDREN AND MINORS
12.1 General Audience. The online store and Services are not primarily directed toward children.
12.2 Parental Involvement. A minor must have authorization and supervision from a parent or legal guardian before purchasing or participating in coaching.
12.3 Information About Minors. Where we knowingly provide Services to an eligible minor, we may request consent from a parent or guardian and limit collection to information reasonably necessary for the Service.
12.4 Deletion Requests. A parent or guardian who believes a minor provided personal information without appropriate authorization may contact us to request review or deletion.
12.5 Advertising. We do not knowingly sell or share the personal information of individuals under 16 for targeted advertising as those terms are defined by applicable law.
SECTION 13 — SECURITY
13.1 Safeguards. We use reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information we process.
13.2 No Perfect Security. No method of transmission or storage is completely secure. We cannot guarantee absolute security.
13.3 Customer Responsibility. You are responsible for:
(a) maintaining secure passwords;
(b) protecting account credentials;
(c) signing out of shared devices; and
(d) notifying us of suspected unauthorized access.
13.4 Sensitive Communications. Do not send highly sensitive information through an unsecured channel when a more secure method is available.
13.5 Incidents. If a privacy or security incident creates notification obligations under applicable law, we will provide the required notification.
SECTION 14 — RETENTION AND DELETION
14.1 Retention Criteria. We retain personal information only as long as reasonably necessary for purposes including:
(a) providing products or Services;
(b) maintaining customer and coaching records;
(c) managing accounts and subscriptions;
(d) completing transactions;
(e) preventing fraud;
(f) resolving disputes;
(g) enforcing agreements; and
(h) complying with tax, accounting, and legal obligations.
14.2 Different Periods. Retention periods vary depending on the nature and sensitivity of the information, the reason it was collected, and applicable legal requirements.
14.3 Coaching Information. Coaching records and progress materials are retained only as reasonably necessary for coaching, administration, safety, dispute resolution, consent records, or legal obligations.
14.4 Deletion or De-Identification. When information is no longer reasonably required, we may securely delete or de-identify it, subject to lawful retention requirements and technical backup cycles.
14.5 Promotional Consent Records. We may retain records of granted or withdrawn media consent to demonstrate and honour your choices.
SECTION 15 — INTERNATIONAL PROCESSING
15.1 Processing Locations. Shopify, Trainerize, and other providers may process or store information outside Manitoba or Canada.
15.2 Foreign Laws. Information processed in another jurisdiction may be subject to the laws and lawful access requirements of that jurisdiction.
15.3 Safeguards. Where required, we or our providers will rely on appropriate contractual, organizational, or legal safeguards for international transfers.
SECTION 16 — YOUR PRIVACY RIGHTS
16.1 Available Rights. Depending on where you live and subject to legal exceptions, you may have the right to:
(a) request access to personal information we hold about you;
(b) request correction of inaccurate information;
(c) request deletion of certain information;
(d) withdraw consent where processing depends on consent;
(e) request information concerning our use and disclosure practices;
(f) object to or restrict certain processing;
(g) receive certain information in a portable form;
(h) opt out of certain targeted advertising, sharing, or sale activities; and
(i) make a complaint to an appropriate privacy regulator.
16.2 Limits. Privacy rights are not absolute. We may retain or decline to delete information where permitted or required for:
(a) transaction records;
(b) legal compliance;
(c) fraud prevention;
(d) security;
(e) dispute resolution;
(f) legal claims; or
(g) another lawful purpose.
16.3 Verification. We may request information reasonably necessary to verify your identity before responding.
16.4 Authorized Representatives. Where permitted by law, an authorized representative may submit a request on your behalf. We may require proof of authorization and direct identity verification.
16.5 No Discrimination. We will not unlawfully discriminate against you for exercising a privacy right.
16.6 Response. We will respond within the period required by applicable law.
SECTION 17 — COMMUNICATION AND CONSENT CHOICES
17.1 Marketing Choices. You may unsubscribe from marketing email or SMS messages using the instructions provided in the message.
17.2 Cookie Choices. You may use available cookie and customer privacy controls to manage non-essential technologies.
17.3 Coaching Consent. You may ask questions about the coaching information required before submitting it. Refusing necessary information may limit our ability to provide personalized or safe coaching.
17.4 Media Consent. Promotional use of private progress or transformation materials requires separate consent under Section 6.
17.5 Withdrawal. Withdrawal of consent applies prospectively and does not make prior lawful processing invalid.
SECTION 18 — PRIVACY COMPLAINTS
18.1 Contact Us First. If you have a concern about our privacy practices, contact us using the information in Section 20.
18.2 Information to Include. Your complaint should include:
(a) your name and contact information;
(b) the nature of the concern;
(c) relevant dates or order information; and
(d) the resolution you are requesting.
18.3 Investigation. We will review and respond within a reasonable period and within any period required by law.
18.4 Regulatory Complaints. Depending on where you live, you may also have the right to contact an applicable privacy or data-protection authority.
SECTION 19 — CHANGES TO THIS PRIVACY POLICY
19.1 Updates. We may update this Privacy Policy to reflect changes to:
(a) our Services;
(b) our technology or providers;
(c) our information practices; or
(d) legal and regulatory requirements.
19.2 Posting. We will post the revised Privacy Policy and change the “Last Updated” date.
19.3 Additional Notice. Where required by law, we will provide additional notice or obtain additional consent before applying a material change.
SECTION 20 — CONTACT INFORMATION
20.1 Privacy Contact. Questions, complaints, consent withdrawals, and privacy-rights requests may be sent to:
DEFYNE PERFORMANCE
Email: defyneperformance@gmail.com
Website: https://www.defyneperformance.com
20.2 Request Details. Please include:
(a) your full name;
(b) the email associated with your account or order;
(c) your order number, where applicable;
(d) the privacy right or action requested; and
(e) enough detail for us to locate the relevant information.
20.3 Sensitive Information. Do not email copies of government identification unless we specifically request an appropriate verification method