Privacy Policy

Updated October 27, 2021

We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. 

This Privacy Policy describes the types of information we may collect from you or that you may provide when accessing, downloading, and/or using the Service and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to information we collect:

  • On or through the Service.
  • In email, text, and other electronic messages between you and the Service.

It does not apply to information collected by:

  • Us offline or through any means other than the Service.
  • Any third party, including through any application or content that may link to or be accessible from the Service.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is not access, download, or use the Service.  By accessing, downloading, or using the Service, you agree to this Privacy Policy.  This Privacy Policy may change from time to time.  Your continued access or use of the Service after we make changes is deemed to be acceptance of those changes.  So, please check this Privacy Policy periodically for updates.

What information do we collect and how do we collect it?

We collect several types of information from and about users of our Service, including information:

  • By which you may be personally identified, such as your first and last name, email address, physical address, and/or phone number (“personal information”).
  • That is about you but individually does not identify you, such as an employer’s company name.
  • That is about your internet connection, the equipment you use to access our Service, and usage details. 

We collect this information:

  • Directly from you when you provide it to us.
  • From third parties, for example, your employer when confirming your right to access and use our Service as your employer’s employee.
  • Automatically as you navigate through the Services, which may include usage details, IP addresses, and information collected through cookies or other tracking technologies as described below.

Information You or Your Employer Provides to Us.

When accessing, downloading, or using the Service, you may be asked to enter your first and last name, email address, physical address, and/or phone number to register for the Service, download the Service, use the Service (including to permit any integrations to third-party tracking websites and/or applications that use information we collect to track your progress), receive medals for achieving certain milestones through the Service, and the like.

For example: 

  • When you start a challenge through the Service, you have the option of entering your email address(es) to be invited to your challenge.
  • When you submit an inquiry through the Service or by an email to us, we collect your submitted information to support your inquiry.
  • When you subscribe to our newsletter and/or special promotions through the Service, we add your email address to our newsletter subscription platform, which we license from a third party.

In addition, when using the Service, we gather step, active minutes, and other exercise-related information from your connected device for the purposes of tracking your progress and calculating your score with respect to the challenges in which you participate.

Information We Collect through Automatic Data Collection Technologies.

As you navigate through and interact with the Service, we may use automatic data collection technologies to collect information about your equipment, browsing actions, and patterns, including:

  • Recognize your browser (if you allow) so that we can capture and remember certain information about your interaction with the Service, such as items in your shopping cart or to understand your preferences based on previous or current activity.
  • Compile aggregate data about traffic to and interaction with the Service so that we can offer better experiences and tools in the future (or allow trusted third-party services that track this information to do so on our behalf).
  • Keep track of third-party advertisements (as described below).

For more information about your options with respect to cookies, please see What are your choices about how we use and disclose your information? below. 

If you turn cookies off, it won’t affect the user experience.

When do we collect information?

We collect information from you when you fill out a form or enter information on or through the Service or when you submit it to us via live chat, email, phone, and/or web or app inquiries.

We collect step, active minutes, and other exercise-related information from your connected activity tracking device(s) when you log into the Service, during your use of the Service, and at regular intervals in the background when you have activated the Service.

How do third parties use cookies or other tracking technologies through the Service?

We use Google AdSense Advertising in the Service.  Google, as a third-party vendor, uses cookies to serve ads through the Service.  Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to the Service and other sites on the Internet.  Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:

  • Remarketing with Google AdSense
  • Google Display Network Impression Reporting
  • Demographics and Interests Reporting

Google uses 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 Service.

This website uses the Google AdWords Remarketing Service

This website uses the Google AdWords remarketing service to advertise on third-party websites (including Google) to previous visitors to the Service. It could mean that we advertise to previous visitors who haven’t completed a task on or in the Service, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to websites. Any data collected by Google will be used in accordance with Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to do so, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin as described below.

Opting out:

You can set preferences for how Google advertises to you using the Google Ad Settings page or by using the Google Analytics Opt-Out Browser add on.  You also can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

How do we use your information?

We may use the information we collect about you or that you provide to us, including personal information, to:

  • Present our Service and its contents to you, including to send periodic updates and notifications related to your challenge and experience with the Service and/or to add steps or power to your account in the Service.
  • Provide you with information, products, or services, including the Service, that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Provide you notices about your registration, including expiration and renewal notices.
  • Provide you notices about your use of the Service, including progress and/or milestones and/or medals.
  • Send you medals you have earned using the Service.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you, or your company, and us for billing and collection. 
  • Respond to your correspondence or account creation (live chat, email, phone, web or app inquiries).
  • Inform you of an abandoned cart or pending order for Services.
  • Notify you about changes to the Services or any products or services we offer or provide through the Services.
  • Send you our newsletter and/or special promotions, to the extent you opted in to receive them.
  • Integrate with your third-party devices, applications, and/or platforms, as you permit, to gather and send step, active minutes, and other exercise-related information. 

We also may use information that we collect about you or that you provide to us, including personal information, for any other purpose with your consent.  

Credit card and other payment information is submitted directly to third-party payment processors and is never stored or process by us.

How do we disclose your information?

We may disclose aggregated information about users of the Service, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or that you provide as described in this Privacy Policy:

  • 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 about our Service visitors or users is among the assets transferred.
  • To fulfill the purpose of which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.  

What are your choices about how we use and disclose your information?

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Service then may be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or by sending us an email stating your request to http://support.fix-fit.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. 

We do not control third parties’ collection or use of your information to serve interest-based advertising (including Google as described above). 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.

Where is your personal information located?

If you are accessing or using the Service from outside the United States, please be aware that your information will be transferred to, and maintained on, IT infrastructure located within the United States and further that your information may be accessed within the United States.  The collection, use, retention, and any other processing of your information will be governed by United States law, to the extent applicable, and further by the specific jurisdictions within the United States where that information is stored, unless otherwise specified.  Accordingly, your information may be accessible to law enforcement and/or regulatory authorities according to applicable United States law.

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 thirty days of receipt. We may require additional information to verify your identity before complying with the request.  Please send all such requests to http://support.fix-fit.com

How can you update your personal information? 

If you notice that we have collected inaccurate information, please contact http://support.fix-fit.com and we will correct the inaccuracies.

How do we protect your information?

We have implemented measures designed to secure your personal information from accidental loss or from unauthorized access, use, alteration, and disclosure.  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 who are required to keep the information confidential.  In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when you enter, submit, or access your information to maintain the safety of your information.

All credit card transactions are processed through a gateway provider and are not stored or processed on our servers.

We generally retain information 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 http://support.fix-fit.com.  All effort will be made to comply and respond within 30 days.

The safety and security of your information also depends on you, though.  Where we have given you (or where you have chosen) a password for access to certain parts of the Service, you are responsible for keeping this password confidential.  We ask that you not share your password with anyone.  We urge you to be careful about giving out information in public areas of the Service, like message boards.  The information you share in public areas may be viewed by any user of the Service.

Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security your personal information transmitted to or from the Service.  Any transmission of personal information is at your own risk.  

Your California Privacy Rights

Shine the Light Law. California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits users of the Service who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. California residents who have an established business relationship with us may make a written request to us about whether we have disclosed any personal information to any third parties for the third parties’ direct marketing purposes during the prior calendar year.  To make such a request, please contact us using the contact information at the end of this Privacy Policy.

California Consumer Privacy Act (“CCPA”). California consumers have the right to request: the categories of personal information we have collected about consumers; the categories of sources from which the personal information is collected; the business or commercial purpose of collecting or selling personal information; the categories of third parties with whom we share or sell personal information; the categories of personal information about consumers that we have sold; the specific pieces of personal information we have collected about a consumer; right to request deletion of their personal information, the right to opt out of the sale of their information, and the right not to be discriminated against for exercising these rights.

In the twelve (12) months preceding the effective date of this Privacy Policy, we may have collected or received, from users of the Service and from third parties in connection with providing the Service, information about California consumers in each of the following categories and disclosed the information to our service providers for business purposes.

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • Categories of personal information described in subdivision (e) of Section 1798.80.
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
  • Geolocation data.
  • Audio, electronic, visual, thermal, olfactory, or similar information.
  • Professional or employment-related information.
  • Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We do not sell Personal Information for monetary consideration. In the event that the use of certain of our cookies constitutes a “sale” under CCPA, we have implemented a “Do Not Sell” button on this page to allow you to opt out of the sale of your information.  

    First Name

    Last Name

    Email

    Mailing Address

    Our contact information is listed at the bottom of this policy. We will ask for your name, email address and state of residence. If your name and email address are insufficient to verify your identity and assess your privacy request, we may need to ask for additional information.  You may also designate an authorized agent to make a CCPA privacy request.

    Your EEA, UK, and Swiss Privacy Rights

    If you are located in the European Economic Area (EEA), the UK, or Switzerland, you have the following privacy rights:

    • You can access, correct, update, or delete your personal information by contacting us as described below or at http://support.fix-fit.com. Note that we cannot delete your personal information without 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 (including contractual) or cause the information to be incorrect. 
    • You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information by contacting us as described below or at http://support.fix-fit.com.
    • Promotion by Company. If you do not want us to use your email address to promote our own or third parties’ products or services, you can opt-out of receiving marketing emails at any time by contacting us as described below or at http://support.fix-fit.com or by using the unsubscribe function on the marketing communication.
    • If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time by contacting us as described below or at http://support.fix-fit.com. Withdrawing your consent will not affect the lawfulness of any processing conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful grounds other than consent.
    • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details are available here.

    COPPA (Children’s Online Privacy Protection Act)

    The Service is not intended for children under 13 years of age.  No one under age 13 may provide any personal information to the Service.  We do not knowingly collect personal information from children under 13.  If you are under 13, do not use or provide any information to the Service or through any of its features, register for the Service, make any purchases through the Service, use any of the interactive or public comment features of the Service, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 13, please contact as described below or at http://support.fix-fit.com.

    California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.  Please Your California Privacy Rights for more information.

    How can you contact us?

    If there are any questions regarding this Privacy Policy, you may contact us at:

    Fitness Interactive Experience, Inc.
    4593 Hancock Way SW

    Lilburn, GA 30047 US

     

    support@fix-health.com