Updated July 27th, 2021
- The services offered by The Outbreak Challenge are available to individuals aged 13 and older. If you are under the age of 13 you may only use Fitness Interactive Experience’s products and services in conjunction with your parents or guardians.
- You are responsible for any activity that occurs under your user account.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other users.
- You may not use the service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the utilifit.com service.
- You must not copy, create a derivative work of, reverse engineer, or hack nor modify another web site or APP to falsely imply that it is associated with The Outbreak Challenge.
- You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any users.
- You must not interfere with or disrupt The Outbreak Challenge or servers or networks connected to The Outbreak Challenge such as the transmission of worms, viruses, or any code of a destructive nature.
- You must not, in using these services, intentionally or unintentionally violate any applicable local, state, national, or international law.
- Accepting this agreement, you hereby represent and warrant that you have consulted with your physician and are of sound physical condition to participate in the activities promoted on The Outbreak Challenge APP. Under no circumstances should you attempt an activity that you are not physically capable of doing.
Violation of any of these agreements will result in the termination of your account. While The Outbreak Challenge prohibits such conduct and content on its APPS, you understand and agree that Fitness Interactive Experience, Inc. cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the service at your own risk.
- We reserve the right to modify or terminate the service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- FIX agrees not to use or disclose to third parties data gathered in the health, fitness, and medical research context—including from the HealthKit API, Motion and Fitness, or health-related human subject research—for advertising or other use-based data mining purposes other than improving health management, or for the purpose of health research, which may include aggregating users’ data in an anonymous fashion and deriving aggregated insights, and then only with permission, which you hereby grant.
- Fitness Interactive Experience will not store personal health information on its servers.
6.1 Fitness Interactive Experience will store steps, exercise minutes, and mets on its servers.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
You agree not to use The Outbreak Challenge to:
- upload, post, email, transmit, forward, provide links to, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit, forward, provide links to, store or otherwise make available any material that infringes copyrighted material or promotes the violation of the intellectual property rights of others, including but not limited to trademark and patent violations;
- copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the Services in any manner;
- upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- impersonate any person or entity, including, but not limited to, Fitness Interactive Experience, Inc. officials, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit, forward, provide links to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of utilifit.com;
- disobey any requirements, procedures or policies or regulations connected to utilifit.com;
- We claim no intellectual property rights over the material you provide to the APP. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.
- We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
- Fitness Interactive Experience, Inc. undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit Fitness Interactive Experience, Inc. to locate the material such as a web URL;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims of copyright or other intellectual property infringement can be sent to Fitness Interactive Experience, Inc.’s Copyright Agent, at firstname.lastname@example.org
Refunds and Returns:
All sales are final. Fitness Interactive Experience, Inc can, at its sole discretion offer refunds or store credit for any claims or issues experienced by its users. Fitness Interactive Experience, Inc’s general guidelines are as follows:
For instances of user error including but not limited to:
Customer cannot connect a supporting application that is known to work. Customers do not read or follow user instructions and tutorial and cannot operate the application correctly. Customers do not install the application on their phone. Customers do not have the current version of: The Outbreak App, their phone OS, their supporting tracking software (Fitbit, Google Fit, Apple Health, etc.) current version. Customers do not have their phone or wearable device present at the time of exercise/movement.
These customers are generally offered Customer Service Support, and a store credit to re-start their challenge.
For instances of user inoperability including but not limited to:
Customers have an incompatible phone. Customers being located in a world location that blocks access to our servers. Customers being injured or deceased and unable to use the application. Outbreak Server Failure in excess of 5 days. Outbreak Application failure in excess of 7 days.
These customers are generally offered a refund, except in the instances of injury where they are offered store credit for use at a later date.
For instances of user purchase error including but not limited to:
User purchases the service in error. User purchases the service but cannot use it due to personal reasons.
These customers are generally offered a store credit for the purposes of doing their program at a later date.
What personal information do we collect from the people that visit our blog, website or app?
When registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.
When ordering on our site, as appropriate, you may be asked to enter your name, email address, phone number, credit card information and or other details to help you with your experience.
When starting a challenge through our site you have the option of entering email addresses to be invited to your challenge.
When submitting an inquiry through our site or email we gather your submitted information to support your inquiry.
When submitting an email address for our newsletter subscription and special promotions we add it to a third party newsletter subscription newsletter subscription platform.
When registering in our app, as appropriate, you may be asked to enter your name, email address, and connect a step tracking device or other details to help you with your experience.
When using our app we gather step and exercise information from your connected device.
When do we collect information?
We collect information from you when you fill out a form or enter information on our site or app.
We collect step and exercise information from your connected activity tracking devices when you log into the app, during use of the app, and at regular intervals in the background.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To send periodic emails regarding your order.
To follow up with you after correspondence or account creation (live chat, email, phone, web or app inquiries).
To inform you of an abandoned cart or pending order.
To inform you of new, or modified services being offered.
Send Newsletter and special promotions (only if you opted in).
Send periodic updates and notifications related to your challenge and service experience.
Add steps and power to your game avatar.
To integrate with secure third party tools for the purposes of improving our market alignment.
Credit card and other payment information is submitted directly to third party payment processors and is never stored or process by Fitness Interactive Experience, Inc.
How can you view the data we have collected?
Upon request, we will send you a copy of your personal information we have collected. We will respond to such requests within a month of receipt. We may require additional information to verify your identity before complying with the request.
How can I update my personal information?
If you notice that we have collected inaccurate information, please contact email@example.com and we will correct the inaccuracies.
How do we protect your information?
Your personal information is contained behind secured networks provided by third party hosting services and software as a service providers, It is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
All credit card transactions are processed through a gateway provider and are not stored or processed on our servers.
We generally retain data for 9 months after your last contact with us, unless otherwise requested or required by law.
Email addresses that subscribe to newsletter and or special offers are retained until an unsubscribe request is made.
Requests can be made for personal data removal/erasure to firstname.lastname@example.org all effort will be made to comply and respond within 30 days.
Notification. If FIX Health becomes aware of a Data Incident, Fix Health will notify customer promptly and without undue delay. Notification will describe to the extent possible details of the Data Incident.
Third Party Notifications. Customer solely responsible for fulfilling any third party notification obligation.
No Acknowledgment of Fault by FIX Health. FIX’s notification of or response to Data Incident does not construe an acknowledgment of any fault or liability with respect to the Data Incident.
Do we use ‘cookies’?
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, It won’t affect the user’s experience .
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses.
We do not include or offer third-party products or services on our website.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
- Remarketing with Google AdSense
- Google Display Network Impression Reporting
- Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
This website uses the Google AdWords Remarketing Service
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
- By emailing us
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
- Within 7 business days
We will notify the users via in-site notification
- Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
This policy was last modified on July 27, 2021
Fitness Interactive Experience
828 Ralph McGill Blvd
Atlanta, GA 30306