Fitmatic.com Privacy Policy
Fitmatic.com, Inc. (hereinafter, "Fitmatic.com") is committed to respecting the privacy rights of users of the Website, Services and Applications (the "Services"). Fitmatic.com created this Privacy Policy to explain its information collection and use practices and the protection of the Client's information when the Client visits and uses the Website, Services, and Applications. Any terms capitalized but not otherwise defined herein shall have the respective meanings set forth in the Fitmatic.com Terms of Use. This Privacy Policy is only applicable to the Website and Applications and does not apply to any websites or applications that are owned or operated by third parties ("Third-Party Websites/Applications"), which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites/Applications, below. BY USING THE WEBSITE AND/OR APPLICATIONS, THE CLIENT REPRESENTS AND WARRANTS THAT THE CLIENT HAS READ AND UNDERSTOOD, AND AGREES TO THE TERMS OF, THIS PRIVACY POLICY. IF THE CLIENT DOES NOT UNDERSTAND OR DOES NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, THE CLIENT MAY NOT USE THE SERVICES, WEBSITE AND/OR APPLICATION.1. INFORMATION COLLECTION PRACTICES
1. Traffic Data. Fitmatic.com automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively "Traffic Data").
2. Cookies. A "Cookie" is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. Fitmatic.com uses Cookies to customize the Client's experience on the Website to the Client's interests, to ensure that the Client does not see the same advertisements or informational messages repeatedly, and to store a Client's reference so the Client does not have to re-enter credentials each time the Client visits the Website. In addition, Fitmatic.com may use Cookies, and other methods, to store and retrieve data from the Client's web browser. For additional information on Fitmatic.com's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.
IF THE CLIENT DOES NOT WISH TO HAVE COOKIES PLACED ON THE CLIENT'S COMPUTER, THE CLIENT SHOULD SET THE CLIENT'S BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES.
3. Web Beacons. "Web Beacons" (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to Cookies, and are used to track the online movements of web users or to access Cookies. Unlike Cookies which are stored on the user's computer hard drive, Web Beacons are embedded invisibly on web pages (or in e-mail). Web Beacons may be used to deliver or communicate with Cookies, to count users who have visited certain pages and to understand usage patterns. For additional information on Fitmatic.com's uses of Web Beacons, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies & Web Beacons, below.
4. Mobile Device Data. When users download, install and use the Applications on their mobile phone or other wireless telecommunications device, Fitmatic.com automatically gathers information, including without limitation, carrier providers, a unique device identifier, geo-location information (if allowed by the user), the types of mobile devices accessing the Application, and the types of operating systems accessing the Applications (collectively, "Mobile Device Data"). A unique device identifier is a string of alphanumeric characters (similar to a serial number) used to uniquely identify and distinguish each mobile phone or other wireless communications device. Location services can be enabled or disabled at any time, through the mobile device settings. Fitmatic.com uses Mobile Device Data to understand usage patterns and to improve the Applications. For additional information on Fitmatic.com's uses of Mobile Device Data, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, Web Beacons, and Mobile Device Data, below.
5. Ad Serving and Usage Analytics. Fitmatic.com uses third-parties for advertising and usage analytics for the Website and Applications. These third-parties may place Cookies on the Client's machine, use Web Beacons, gather Personal Information (as defined below), Traffic Data and Mobile Device Data, and log data to collect traffic and activity data in order to deliver relevant metrics, content, and advertising. We do not share the Client's non-public Personal Information with these parties, but we may share anonymized or aggregated information with them to improve the relevancy of the ads the Client sees. The collection of this information by third-parties is subject to such third-parties' privacy policies. For additional information, see the section concerning Third-Party Websites/Applications, below. With regards to advertising on the Website, to learn more about behavioral advertising practices or to opt-out of this type of advertising, visit http://www.networkadvertising.org/choices, http://www.aboutads.info/choices, and http://opt.jumptap.com/optout/opt?jt.
6. Personal Information. The Client may provide Fitmatic.com certain information related to the Client or Sub-Clients ("Personal Information"). Personal Information includes, without limitation: (1) "Contact Data" (personally identifiable information about the Client, such as the Client's name and email address; and (2) "Fitness Data" (data that doesn't specifically identify the Client or Sub-Client), such as the Client's or Sub-Client's gender, birthday, zip code, country, height, weight, lifestyle and exercise frequency, caloric intake, nutritional statistics, fitness activity, and weight loss/gain. The Personal Information the Client provides is used for such purposes as allowing the Client to set up a user account and profile, providing the Website and/or Applications and related services, monitoring and improving the content and usage of the Website, Services, and/or Applications, interacting with the Website and/or, customizing the advertising and content the Client see, communicating with the Client about new features and other news, and any other purpose for which the information was collected. Fitmatic.com may also draw upon this Personal Information in order to adapt the Website, Services and/or Applications to the Client's needs, to research the effectiveness of the Website, Services, and/or Applications, and to develop new tools for Clients.
THE CLIENT IS SPECIFICALLY NOTIFIED THAT PERSONALLY IDENTIFIABLE INFORMATION RELATING TO ANY PERSON'S PHYSICAL STATUS (INLCUDING BUT NOT LIMITED TO WEIGHT, BMI, DISABILITIES, OR OTHER PHYSCIAL CAPABILITIES) MAY BE SUBJECT TO THE REQUIREMENTS OF HIPAA AND 45 CFR PART 160 AND SUBPARTS A AND E OF PART 164 AND ANALOGOUS STATE AND LOCAL LAWS. ACCORDINGLY, THE CLIENT HEREBY REPRESENTS AND WARRANTS THAT IT HAS OBTAINED VALID CONSENT (IN THE FORM AND CONTENT ESTABLISHED BY SUCH REGULATION) FROM ALL PARTIES (INCLUDING HIMSELF OR HERSELF) WHOSE APPLICABLE DATA MAY BE PROVIDED BY THE CLIENT AS USER CONTENT, OR THAT THE CLIENT HAS REPLACED SUCH INFORMATION THAT COULD RENDER SUCH DATA PERSONABLY IDENTIFIABLE WITH ENCODED OR GENERICALLY SUBSTITUTED SURROGATE DATA ADEQUATE TO COMPLY WITH APPLICABLE STATE AND FEDERAL REGULATIONS.
2. INFORMATION USE AND DISCLOSURE PRACTICES
1. Traffic Data and Information Gathered Using Cookies, Web Beacons & Mobile Device Data.
Fitmatic.com analyzes Traffic Data and information gathered using Cookies, Web Beacons and Mobile Device Data to help Fitmatic.com better understand who is using the Website, Services, and/or Applications and how they are using the Website and/or Applications. By identifying patterns and trends in usage, Fitmatic.com is able to better design the Website and Applications to improve the Client's experience, and to serve the Client more relevant and interesting content and advertisements. From time to time, Fitmatic.com may release Traffic Data and information gathered using Cookies, Web Beacons and Mobile Device Data in the aggregate, such as by publishing a report on trends in the usage of the Website. In addition, Fitmatic.com may share Traffic Data and Mobile Device Data and information gathered using Cookies and Web Beacons with: (1) third-party analytics companies so that such third-parties may help Fitmatic.com better understand who is using the Website and/or Applications and how they are using the Website and/or Applications; (2) advertisers and marketing partners so that such third-parties may provide the Client with advertisements tailored to the Client's interests; and (3) service providers so that we can personalize, provide and improve our Services to the Client's use and interests.
2. Personal Information
1. Contact Data. Fitmatic.com uses the Client's Contact Data to send the Client information about Fitmatic.com and Fitmatic.com's products and services, and to contact the Client when necessary in connection with the Services
2. Fitness Data. Fitmatic.com uses the Client's Fitness Data to customize and tailor the Client's experience on the Website, Services and/or Applications. As with Traffic Data and Mobile Device Data and information gathered using Cookies and Web Beacons, from time to time Fitmatic.com may release or share Demographic Data with third parties in anonymous form and/or in the aggregate, for industry analysis, research, demographic profiling and other similar purposes. In addition, Fitmatic.com shares anonymized Demographic Data with its advertisers and marketing partners so that such third-parties may provide the Client with advertisements tailored to the Client's interests. To opt-out of sharing the Client's anonymized and Demographic Data with advertising and marketing partners, visit http://www.networkadvertising.org/choices, http://www.aboutads.info/choices, or contact us at support@fitmatic.com.
3. Other Disclosure Practices Except as otherwise provided in this Privacy Policy, and when the Client otherwise gives permission or under the following circumstances, Fitmatic.com will not share the Client's Personal Information with third parties.
- Disclosure in Connection with Services. Fitmatic.com discloses Personal Information to those who help it provide services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
- By Law or to Protect Rights. Fitmatic.com discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Fitmatic.com believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Fitmatic.com, third-parties or the public at large.
- Business Transfers; Bankruptcy. Fitmatic.com reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Fitmatic.com' assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if the Client is given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Fitmatic.com's successor organization.
3. EMAIL COMMUNICATIONS FROM FITMATIC.COM
In providing the Services, the Client may receive periodic email communications from Fitmatic.com regarding the Services, such as new product offers and other information regarding the Services, which are part of the Services and which the Client cannot opt out of receiving. The Client may also receive periodic promotions and other offers or materials Fitmatic.com believes might be of interest to the Client. The Client can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in the Client's account.
4. SECURITY OF PERSONAL INFORMATION
Fitmatic.com has implemented and maintains reasonable security procedures and practices designed to protect against the unauthorized access, use, modification, destruction or disclosure of the Client's Personal Information, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that the Client's Personal Information is compromised as a result of a breach of security, Fitmatic.com will promptly notify the Client if the Client's Personal Information has been compromised as required by applicable law.
5. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION
If the Client has an account, the Client can access and modify the Client's Personal Information through the Client's account, at any time. If the Client completely deletes all such information the Client will not be able to access or use the Website and/or Applications correctly. If the Client would like Fitmatic.com to delete the Client's Personal Information from its system, please contact us at support@Fitmatic.com.com with a request that we delete the Client's Personal Information from its database. Fitmatic.com will use commercially reasonable efforts to honor the Client's request; however, Fitmatic.com may retain an archived copy of the Client's records as required by law or for other legitimate business purposes.
Fitmatic.com wants the Client's Personal Information to be complete and accurate. By using the Website and/or Applications, the Client represent and warrants that all information the Client provides on any registration form will be complete and accurate, and that the Client will update that information as necessary to maintain its completeness and accuracy. PLEASE NOTE THIS DOES NOT APPLY TO ENCODED OR GENERICALLY SUBSTITUTED PERSONAL INFORMATION FOR SUB-CLIENTS. To confirm the completeness and accuracy of, or make changes to, the Client's Personal Information, please visit the Client's personal profile.
6. THIRD-PARTY WEBSITES/APPLICATIONS
The Website and Applications contain links to Third-Party Websites/Applications. Fitmatic.com does not own or control these Third-Party Websites/Applications. Fitmatic.com is not responsible for the privacy and security practices and policies of those Third-Party Websites/Applications and this Privacy Policy does not apply to any Third-Party Websites/Applications, except with respect to Personal Information provided directly to them by Fitmatic.com. Before visiting or providing Personal Information to a Third-Party Website, the Client should familiarize himself or herself with the privacy policies and practices (if any) of that Third-Party Website, and should take those steps necessary to, in the Client's discretion, protect the Client's privacy.
7. UPDATES AND CHANGES TO PRIVACY POLICY
Fitmatic.com reserves the right to, update, change or modify this Privacy Policy. Any material changes to this policy will be posted on the Website and/or Applications (or the Client may be notified by email or other notification), and will indicate when such changes will become effective. The Client will be deemed to have agreed to any such modification or amendment by the Client's decision to continue using the Website, Services, and/or Application following the date in which the modified or amended Privacy Policy is posted on the Website. Use of information thereafter is subject to the Privacy Policy in effect at the time such information is used.
8. CHILDREN'S PRIVACY
Fitmatic.com does not solicit or knowingly collect personally identifiable information from any real person under the age of 18. If Fitmatic.com obtains actual knowledge that it has collected personally identifiable information from a person under the age of 18, Fitmatic.com will promptly delete such information from its database.
9. INTERNATIONAL USERS
If the Client or Sub-Clients are located outside the United States and choose to provide the Client's information to Fitmatic.com, the Client's or Sub-Client's information will be transferred to the United States and processed there (or any other country where Fitmatic.com operates). By providing the Client's information and using the Website, Services and/or Applications, the Client agrees and consents to the collection, transfer, use, storage and disclosure of the Client's information as described in this Privacy Policy.
Effective Date: September 25, 2015
