Effective Date: February 20, 2013
Information We Collect
When you use the Service, several types of data may be collected from you, including: (1) Non- Personal Information; and (2) Personally Identifiable Information. We do not knowingly collect or store any Personally Identifiable Information from children.
We receive data about you whenever you interact with the Service, such as when you visit the site, a FITrax Station, or the FITrax mobile app. We receive data from the FITrax Station that you visited, devices connected to the station, the computer, mobile phone, or other device or Third Party Technology you use to access the Service. This may include your IP address, location of your computer, mobile phone or other device or Third Party Technology, location of the FITrax Station that you visited and date, time and number of visits to FITrax Stations, the type of browser you use, or the pages you visit. We receive data whenever you visit a FITrax Station or Third Party Technology that sends data to the Service. This may include the date and time you visit the site; the web address or URL youâ€™re on; technical information about the IP address, browser and the operating system you use; and, if youâ€™re logged in to the Service, your user login.
Personally Identifiable Information
Access to certain portions of the Service requires login and password information provided only to users who have registered (each a “Registered User”). You choose whether to create an account with the Service. As part of the registration process, you may be asked to provide your email address or register using your Facebook, Google, or other social network or third-party site sign-in credentials, as described below. Currently, you can review and update your email address.
Information from Social Networks
In future, the Service also will accept Facebook and Google sign-in credentials to enable you to register as a user of the Service. By accessing the Service with your Facebook or Google credentials, you authorize us to recognize you based on such sign-in credentials and to collect information from either Facebook or Google, which will include, but not limited to: your email address, photo, Facebook relationship status, and your Facebook friends (to the extent this information is included within your Facebook or Google account). We do not issue Facebook or Google credentials, and we do not endorse and are not responsible for any third-party credential provider. Using social networks like Facebook in conjunction with our Service also gives you the option to post information about you, which will include, but not limited to: your name, photo, your physical activities, activity level and FITrax Score (to the extent this information is included in your FITrax account), on our Service to share with other FITrax users. You also may use our Service to share your FITrax Score on Facebook and Twitter. Before you choose to use social networks in conjunction with the Service, we recommend that you evaluate the security and privacy commitments offered by the issuer and decide if they are appropriate for your FITrax account.
By accessing the Service through FITrax Health Center, you may elect to have certain health metrics about you measured at FITrax Health Center, and collected and transmitted to and stored online in your personal account. These may include, but not limited to: weight, blood pressure, body fat percentage, muscle mass, body water percentage, BMI (Body Mass Index).
Cardio Activities Metrics
By accessing the Service through FITrax Cardio Stations, you may elect to have certain cardio activities metrics about you collected and transmitted to and stored online in your personal account. These may include, but not limited to: heart rate, RR intervals (R wave to R wave interval), speed, and strides transmitted by heart rate monitor to FITrax Cardio Station.
Strength Activities Metrics
By accessing the Service through FITrax Strength Center, you may elect to have certain strength activities metrics about you collected and transmitted to and stored online in your personal account. These may include, but not limited to: equipment used, heart rate, RR intervals (R wave to R wave interval), speed, strides, weight lifted, repetitions performed, and time taken.
No Personal Information from Children
We do not knowingly collect personal information from children under the age of 13. Children under the age of 13 are not permitted to use the Service, and children under the age of 13 may not submit any personal information to the Service. Since information regarding children under the age of 13 is not knowingly collected, FITrax does not knowingly distribute personal information regarding children under the age of 13. For additional information, please refer to the â€œChildren and Parentsâ€ section below.
Account Deactivation and Deletion
Deactivating your account puts your account on hold. Deactivating an account is the same as you telling us not to delete any information because you might want to reactivate your account at some point in the future. When you delete an account, you are requesting that your account and the information stored in your account be permanently deleted from FITrax. It typically takes about one month to delete an account and all associated information, but some information may remain in backup copies and logs for longer periods. You should only delete your account if you are sure you never want to reactivate it. We wait 90 days before we attempt to permanently deleting your account information in order to help avoid accidental or malicious removal of your information.
Please note, certain data you have provided may continue to exist in Aggregate Data Sets; however, we will undertake to first remove data that can be used to personally identify you. For additional information, please refer to the “Aggregate Data Sets” section below.
We will retain your information for as long as your account is active or as needed to provide you Service. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Our Use of Your Information
We use the information we receive about you in connection with the services and features we provide to you as part of the Service. For example, we may use the information we receive about you as part of our efforts to keep FITrax safe and secure, including critical updates and notifications, and to send you the FITrax e-mail newsletter.
Granting us this permission not only allows us to provide FITrax as it exists today, but it will also allow us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
While you are allowing us to use the information we receive about you, you always own all of your Personally Identifiable Information. Your trust is important to us, which is why we do not share information we receive about you with others (except our employees, agents or affiliates in connection with providing you the Service) unless: we have received your permission; given you notice, such as by telling you about it in this policy; or removed your name or any other personally identifying information from it.
Use of Non-Personal Information
We use the Non-Personal Information collected through the Service for statistical purposes and for improving the functionality of the Service. This information may also be used to administer your participation in the Service including, without limitation, to troubleshoot and resolve problems with the Service.
Use of Personally Identifiable Information (PII)
We use PII collected through the Service for purposes of creating and maintaining your FITrax account, customizing your user experience, providing relevant information, and communicating with you regarding our services. To keep you informed of the latest improvements, the Service will send you a newsletter. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us by sending us an email to support@FITrax.com. The Service will also send you an email summarizing recent account activity. If you do not want to receive these emails, you can unsubscribe at any time. Please note that as long as your account is active, you cannot unsubscribe from certain correspondence from us, including messages relating to your account.
Use of Aggregate Data Sets
We may use your PII (which has been anonymized) to create aggregate data sets. This aggregated information is not associated with any individual account. FITrax may use aggregated information from the Service to improve the quality of the Service, for marketing of the Service (for example, to tell potential fitness centers how many Service users live in a certain area), and for public health and research purposes.
Disclosures of Your Information
Though we make efforts to preserve your privacy, disclosure of your information to third parties may occur in other situations, such as: (1) responding to a subpoena, court order or other similar request; (2) responding to a law enforcement agency’s request or as otherwise required by law; and (3) providing information to a third party if we file for bankruptcy, or there is a transfer of the assets or ownership in connection with proposed or consummated corporate reorganizations, such as mergers, acquisitions, or sales of business units. In all such instances, we will take the utmost care to disclose only that information which is necessary and appropriate under the circumstances by notifying you via email and/or a prominent notice on our website or as required by law.
Children and Parents
If you are under 13, you may not use the Service. We do not intend to collect personal information from children under the age of 13. Parents and guardians are advised that any personal information voluntarily entered by children may be available for public access. If your child has submitted personal information, please contact us to request that such information be removed. Once we are aware of information entered by a child, we will exercise commercially reasonable efforts to remove such information from our databases and storage areas; however, we are not liable for any consequences relating to such information.
We are committed to securing information that you provide to us using reasonable and appropriate physical, administrative and technical safeguards. For example, we utilize Secure Socket Layer (SSL) technology, which encrypts information as it is transmitted over the Internet.
We may provide links to other third party websites (including social networks), or access to or use of third party programs, applications (“Apps”), devices, services, products, content or technology (collectively, “Third Party Technology”) through the Service solely as a convenience to you. However, such linking, access or use does not mean, and should not be interpreted to mean, that FITrax endorses, is affiliated with or makes any representations concerning such Third Party Technology. We neither review, nor control, nor are responsible for Third Party Technology. By linking to, accessing or using a third party website, you will leave the Service. If you decide to link to, access or use any of the Third Party Technology, you do so entirely at your own risk. We will not be liable for any consequences arising from linking, accessing or using any such Third Party Technology.
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