FitMetrix Privacy Policy

Last Updated: June 20, 2018

At FITMETRIX, Inc. and our affiliates (“FITMETRIX”), we respect your privacy and are committed to maintaining your trust.

This Privacy Policy describes our practices in connection with information that we collect through:

  • our Services,

  • our social media pages,

  • HTML-formatted email messages that we send to you that link to this Privacy Policy, and any other FITMETRIX products and services offered through any other venues, websites and mobile applications that direct you to this Privacy Policy.

Collectively, the “FITMETRIX Services”.

When you access or use the FITMETRIX Services, you agree to the terms and conditions of this Privacy Policy.

1. Defined Terms.

The following terms will have the meanings indicated below. Please refer to our Terms of Service for any capitalized terms that are not defined in this policy.

“End User” means any individual who interacts with the FITMETRIX Services, including users of our branded mobile application, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the FITMETRIX Services.

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as FITMETRIX App usage data.

“Personal Information” is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs.

“Subscriber” is any business or entity, including Users, that subscribes to (or otherwise accesses or uses) our Services.

Sometimes, we use the term “information” in this Privacy Policy, which may refer to either Personal Information or Other Information.

2. Categories of Personal Information.

Personal Information we collect or obtain includes:

  • Contact details (e.g., name, address, email, telephone number),

  • Personal details (e.g., date of birth, education, nationality),

  • Financial and transaction data (e.g., purchase history, account information, shipping and billing information, etc.), and

  • Biometric data collected from heart rate monitors and other performance monitoring activities, and

  • Other FITMETRIX Services related data (e.g., customer requests, statistics, etc.).

3. How We Collect Information.

  • Through the FITMETRIX Services

We collect information about you whenever you use the FITMETRIX Services, for example:

  • — If you are a customer of a Subscriber, when you create an account with the FITMETRIX Services, we may ask for Personal Information such as your name, email and postal address, social media account ID, and Other Information you may provide with your account.

  • — If you are a Subscriber, when you sign up for our Services, we ask for your company name, address, phone number, email, credit card information, tax identification number, and other information about your business, as well as names and email addresses of authorized individuals on your account. We also collect Personal Information about your customers that they provide to the FITMETRIX Services when they initiate a transaction or otherwise interact with you, such as to book an appointment or make a purchase. If you attend one of our events (e.g., a tradeshow, webinar, or training), we may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices.

  • — We collect information about you when you interact with the FITMETRIX Services. For example, if you initiate a transaction through the FITMETRIX Service, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the transaction. This information may be shared with third parties for the same purposes. We encrypt credit card numbers using industry standard technology. You may also choose to sync your FITMETRIX account with an activity tracker or other such hardware, at which point we may also collect biometric data. We may also collect other Personal Information at the request of the Subscriber you are transacting with or through.

  • — We may also store information that your computer or mobile device provides to us in connection with your use of the FITMETRIX Services, such as IP address.

  • From other sources

  • — In addition to the information we collect from you through FITMETRIX Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. We may also collect other Personal Information through the FITMETRIX Services under the direction of our Subscribers.

We need to collect Personal Information in order to provide the requested FITMETRIX Service to you. If you do not provide or enable us to collect the necessary information, we may not be able to provide the FITMETRIX Service. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the FITMETRIX Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

4. How Personal Information May Be Used.

We may use your Personal Information for legitimate business purposes, including:

  • To provide the functionality of FITMETRIX Services and related support.

  • o To create, and administer accounts, fulfil and record transactions, and provide you with related assistance (e.g., technical help, answer inquiries relating to Personal Information, etc.).

  • o To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.

We will engage in these activities to manage our contractual relationship with you, with your consent, and/or to comply with a legal obligation.

  • To provide you with marketing and promotional materials and opportunities, and facilitate social sharing.

  • o To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters or other direct communications.

  • o To share information with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.

  • o To allow you to participate in sweepstakes, contests or similar promotions.

  • o To facilitate social sharing functionality if you choose to do so.

We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest.

  • For reporting and trending.

  • o To better understand you and our other users, so that we can tune and personalize our offering.

  • o For trending and statistics, and to improve our products and services.

We will engage in this activity because we have a legitimate interest.

  • To accomplish our business purposes.

  • o For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.

  • o For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.

  • o For responding to legal duties, such as requests from public and government authorities.

We will engage in these activities to comply with a legal obligation or because we have a legitimate interest.

To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.

5. How Personal Information May Be Disclosed.

We may disclose your Personal Information:

  • To our affiliates for the purposes described in this Privacy Policy. FITMETRIX, Inc. is the party responsible for the management of the jointly-used Personal Information.

  • To our strategic partners and third-party service providers who provide services such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.

  • To our Subscribers if you are an End User and are using our FITMETRIX Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber’s privacy practices.

  • To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.

  • To third-party sponsors of sweepstakes, contests and similar promotions, consistent with your choices.

  • To you, through message boards, dashboards, challenges, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the section below titled “Challenges.”

  • To your friends associated with your social media account, to other website users and as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your FITMETRIX App account or our social media pages.

  • To business partners in the context of a corporate transaction. If FITMETRIX is involved in a sale or business transaction (e.g., merger or acquisition), FITMETRIX will retain a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring or target entity and its advisors.

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.

6. Your California Privacy Rights: Notice to California Customers and Opt-Out Information.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please follow the instructions in Section 8 below.

7. How to access, correct, delete or exercise other rights regarding your Personal Information.

Where applicable law allows for such a request, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact FITMETRIX at privacy@fitmetrix.io with the subject line “Data Subject Request.” We will respond to your request consistent with applicable law.

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Moreover, where you are an End User, FITMETRIX may need to forward your request and refer you to your Subscriber who may be better placed to address your request.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.

If you are under 18 years of age and a user of the FITMETRIX Services, you may also be entitled to ask us to remove content or information that you have posted to the FITMETRIX Service by submitting a request to support@FitMetrix.io. Please note that your request does not ensure complete or comprehensive removal of the content or information.

If you are a customer of one of our Subscribers and would no longer like to be contacted by one of our Subscribers, or would like to request the exercise of a right as set out above in relation to Personal Information held by a Subscriber, please contact the Subscriber directly.

8. Your choices regarding our use and disclosure of information.

Information you provide may be used by FITMETRIX for marketing purposes such as one-off promotional emailing, mobile text messages, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

  • Our sharing of your Personal Information with unaffiliated third parties for their (or their customers’) direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by emailing unsubscribe@fitmetrix.io from the email that you have signed up or used in receiving the FITMETRIX Services.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the FITMETRIX Services, and you cannot opt-out from receiving those messages.

9. Tracking and Advertising.

We and our third party service providers may collect Other Information in a variety of ways. We and/or our third party partners may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on the FITMETRIX Services by informing us what content is effective. For more information on our use of cookies and similar technologies, please refer to our Cookie Policy.

10. Social Media Features and Widgets.

The FITMETRIX Services includes social media features such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our websites. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are governed by the privacy policy of the company providing it.

11. Facebook Connect.

You can log in to some of the FITMETRIX Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form. Some services like Facebook Connect give you the option to post information about your activities on our websites to your profile page to share with others within your network. In addition, when using some of our mobile applications we may allow you a chance to tell friends about our services by accessing the contacts in your Facebook or other social media account.

12. Challenges.

If you chose to participate in a challenge through the FITMETRIX Services, any Personal Information you include may be displayed in the Service. If you want your data removed, please contact us at support@fitmetrix.io.

13. Links To Other Websites.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our Subscribers and any third party operating any Third Party Offering, site or other products and services used in connection with the FITMETRIX Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the FITMETRIX Services, including our social media pages.

14. Data Retention.

We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the FITMETRIX Services to you (for example, for as long as you have an account with us or keep using the FITMETRIX Services);

  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

15. Security of Your Information.

The security of Personal Information is a high priority at FITMETRIX. We seek to use reasonable technical, administrative and physical safeguards to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us please send your questions to privacy@fitmetrix.io.

16. Use of Service By Minors.

The FITMETRIX Services are not directed or targeted at children under the age of sixteen (16), and we request that they do not provide Personal Information through the FITMETRIX Services.

17. Cross-Border Transfer.

The FITMETRIX Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the FITMETRIX Services you understand that your Personal Information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

Some of the non-European Economic Area (“EEA”) countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses (based on the clauses published at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087) a copy of which can be obtained by contacting us at privacy@fitmetrix.io.

18. Sensitive Information.

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs or genetic characteristics, trade union membership or criminal background) on or through the FITMETRIX Services or otherwise to us, except where explicitly requested or consented to.

19. Changes to This Privacy Policy.

FITMETRIX may make changes to this Privacy Policy from time to time. Any changes we make will become effective when we post a modified version of the Privacy Policy to https://www.fitmetrix.io/home/ourprivacy. If we make any material changes to the Privacy Policy, we may also notify you by posting notice on our websites or within the applicable FITMETRIX Services, or by sending you an email. If you continue using the FITMETRIX Services after any notice of any such changes, it means you have accepted them. If you do not agree to any changes, you must stop using the FITMETRIX Services, as applicable. It is your obligation to ensure that you read, understand and agree to the latest version of The Privacy Policy. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated.

20. Contact Us.

If you have any questions regarding this Privacy Policy you can contact us via email at privacy@FitMetrix.io or via postal mail at:

ATTN: FITMETRIX Legal - Privacy Policy Issues

FITMETRIX, Inc.

4051 Broad Street Suite 220

San Luis Obispo, CA 93401

For the EEA, you may also:

  • Contact our Data Protection Officer responsible for your country or region, if applicable at privacy@FitMetrix.io.

  • Lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

21. Third Party Sub Processors

The following is a list of current third party vendors that may either directly or indirectly collect information from you in their capacity as a sub processor. Please review the relevant privacy policies (links current as of the date of publication of this Privacy Policy) for further information on how each third party handles your Personal Information:

Third Party Name Privacy Policy/ Notice Link
Sendgrid https://sendgrid.com/policies/privacy/
Twilio https://www.twilio.com/legal/privacy
Mailchimp https://mailchimp.com/legal/privacy/