This policy is effective as of July 31, 2016
The policy does not apply to information that you provide to or is collected by any third party whether through or in connection with your use of the Services or otherwise, including information Members and Fitspot Trainers may exchange between each other. Third parties may have their own privacy policies, which we encourage you to inquire about before providing information to them. You agree and acknowledge that Fitspot has no duty or responsibility to maintain and safeguard any information you may provide to or is collected by any third party whether through or in connection with your use of the Services or otherwise.
INFORMATION WE COLLECT
We may ask you to provide us with certain categories of personal and/or company information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, home or office address, mobile number, credit card, financial account information and other payment information (“Personal Information”). We may also collect personal information about Fitspot Trainers through certain background checks we perform. You may be asked to provide us with Personal Information when you register with the Website, App or use any of the Services. The decision to provide this information is optional; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Services. We may also receive Personal Information and other information from third parties, such as social media services.
When you download the App, use the Website and access and use the Services, we may use technology to automatically collect:
- Usage Data. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including location data and other communication data and the resources that you access on or through the Services.
- Device Information. We may collect information about your desktop or mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, and for mobile devices certain network information and the device’s telephone number.
- Location Information. The Services collect real-time information about the location of your device.
- Stored Information and Metadata. The Services also may access metadata and other information associated with other files stored on your device.
If you do not want us to collect this information do not download the App or otherwise access the Website or the Services.
We also may use these technologies to collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking).
PERSONS UNDER THE AGE OF 18; CHILDREN’S PRIVACY
The Services are not intended for persons under 18 years of age, and we do not knowingly collect personal information from persons under 18 years of age. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information.
AUTOMATIC INFORMATION COLLECTION; TRACKING TECHNOLOGIES
The technologies we use for automatic information collection may include:
- Web Beacons. Pages of the Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages (or opened an e-mail) and for other related Services statistics (for example, recording popularity of certain App content and verifying system and server integrity).
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
Profile information you make available to others
By using the Services you may make certain of your Personal Information available to others. For example, other users may see your name, the city you live in and other information from your profile that you provide. The information you provide in your profile may be accessed by users who use the Services and may be accessed by commercial search engines such as Google, Yahoo!, and Bing to the extent that such engines are permitted to access the Services. You will also be providing certain Personal Information to instructors or clients, as applicable, when using the Services to set up appointments, communicate with other users, and take advantage of other functionalities of the Services.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You can review and change your personal information by logging into the Services and visiting your account profile page.
You may also send us an e-mail at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us.
We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
THIRD PARTY INFORMATION COLLECTION
When you use the Services, certain third parties may use automatic information collection technologies to collection information about you and your device. These third parties may include: (i) Advertisers, (ii) ad networks and ad servers, (iii) analytics companies, (iv) your mobile device manufacturer, (v) your mobile service provider and (vi) our credit card and payments processor.
These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
LINKS TO OTHER WEBSITES
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information for internal purposes only, including to:
- Provide you with the Services, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including our billing and collection.
- Notify you when Service updates are available, and of changes to any products or services we offer or provide through the App and Website.
The Usage Data we collect helps us to improve the Services and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, workout history, performance tracking allowing us to customize the Services according to your individual, employee and company interests.
- Recognize you when you use the Services.
Additionally we use location information we collect to (i) provide Fitspot Trainers with the address of Members requesting the services, (ii) track the location of Fitspot Trainers and (iii) for certain other purposes related thereto.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data.
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our Members and Fitspot Trainers, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
- To third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fitspot, our Members, Fitspot Trainers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION
We strive to provide choices regarding the personal/company information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
- Location Information. You can choose whether or not to allow us to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information the Services may then be inaccessible and will not function properly.
- Promotion by the Company. If you do not want us to use your e-mail address to promote our own or third parties’ products or services, you can opt-out by logging into the Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request email@example.com.
- Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an e-mail stating your request firstname.lastname@example.org.
- Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by sending us an e-mail stating your request to email@example.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
PROCESSING IN THE UNITED STATES AND OTHER LOCATIONS
Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. Please be advised that we process and store information in the United States as well as in other jurisdictions. The laws in the United States and other locations may not be as protective of your privacy as those in your location. By using the Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.