Privacy Policy

Effective Date: February 20, 2013

Thank you for reviewing our Privacy Policy. The FITrax service, accessible at FITrax Health Stations, FITrax Cardio and Elliptical Stations, FITrax Strength Stations, online at www.fitrax.com (the “Site”), and, upon release, on the mobile app (collectively, the “Service”), is operated from the United States of America by FITrax, Inc. (“FITrax,” “we,” “us” and “our”). It is our policy to protect your personal information and to use it in accordance with this Privacy Policy. This Privacy Policy only governs our use and disclosure of information collected through the Service. It does not apply to data collected through other online or offline FITrax sites, products or services that do not display or link to this Privacy Policy or that have their own privacy statements.

Where we have provided you with a translation of the English language version of this Privacy Policy, then you agree that the translation is provided for your convenience only and that the English language versions of our Privacy Policy will govern your relationship with FITrax. If there is any contradiction between what the English language version of this Privacy Policy says and what a translation says, then the English language version shall take precedence.

Introduction

The Service includes a personal information platform that lets you gather, collect, access, edit, store and share information online. Please review the Terms of Use for complete information regarding the Service.

Acceptance of Privacy Policy

Please read this Privacy Policy carefully. We want you to understand what information we collect from you when you use the Service, and whether and to whom we may share such information with others. Using the Service is voluntary, and by accessing or using the Service, you: (1) acknowledge that you have read and understood this Privacy Policy; (2) agree that your access and use of the Service are subject to this Privacy Policy; and (3) consent to our collection and use of your “Non-Personal” as well as “Personally Identifiable Information” as described in this Privacy Policy, as updated or revised from time to time. At all times, we reserve the right to disclose any information, including Personally Identifiable Information, to comply with any applicable law, regulation, legal process or governmental request; to protect FITrax’s rights or property (including in the event of a transfer of control of the company, or substantially all of its assets), or during emergencies when safety is at risk.

Use of Cookies

Cookies are small bits of data cached or stored on your computer based on Internet activity. We may use cookies to monitor individual activity in aggregate, to improve the Service and provide features that are tailored to your needs, including delivery of customized content and advertising. The information we gather may include IP address, user language, the operating system, browser type, the presence/absence of “flash” plug-ins, screen resolution, connection type, and information that identifies the cookie. Most web browsers automatically accept cookies, but you can usually change your browser settings to prevent this. If you disable cookies, your ability to use some features of the Service may be limited. We also use session cookies when you use the Service. Session cookies are active only during the period you are logged on to the Service, and are removed when you leave. They help us track the sections of the Service that you use to allow us to make improvements in keeping with observed user preferences.

If you do not consent to our use of cookies, you should disable them or not access or use the Site or the Services. Otherwise, by not disabling the cookies or by accessing or using the Site or the Services, you consent to our use of cookies.

Third parties may use cookies to make it easier for you to use our Services. The use of cookies by third parties, such as Facebook, Twitter, Google and Withings, are not covered by our Privacy Policy because we do not have access or control over these cookies. PLEASE CONSULT THE PRIVACY POLICIES OF SUCH THIRD PARTIES TO LEARN HOW THEY USE COOKIES.

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.

Non-Personal Information

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 you’re on; technical information about the IP address, browser and the operating system you use; and, if you’re logged in to the Service, your user login.

This information (collectively, “Non-Personal Information”) does not, by itself, personally identify users. We use this Non-Personal Information to monitor the effectiveness of the Service, to help personalize your online experience and to consider potential improvements to the Service. Non-Personal Information may be collected through cookies. For more detailed information on cookies, please refer to the “Use of Cookies” section above.

Personally Identifiable Information

By using the Service, we may collect information that, either alone or in combination with other information, can be used to uniquely identify, contact or locate you (collectively, “Personally Identifiable Information,” or “PII”). The PII collected may include, without limitation, contact information, such as your name and email address, address (including city and state), date of birth, height, and sex, as well as any other PII you choose to upload or otherwise share or have shared through the Services. By providing such information, you consent to our collection and use of it, as described in this Privacy Policy.

Account 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.

Health Metrics

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 “Children and Parents” 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

We may disclose your information to other FITrax users in accordance with this Privacy Policy. For more information on such disclosures, see the “Visibility of Your Personally Identifiable Information” section above. We may hire other companies to provide limited services on our behalf. In those limited cases, we give those companies only the personal information they need to deliver the service, such as IP address or e-mail address. FITrax’s practice is to require the companies to maintain the confidentiality of the information and to prohibit them from using the information for any other purpose.

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.

Security

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.

Third-Party Technology

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.

Social Media Features

In Future, Our Services will include Social Media Features, such as the share and like button for Facebook and the share button for Twitter. These Social Media Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing them.

Modifications to the Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any change in how we use your personal information we will notify you by email (sent to the e- mail address specified in your account) or by means of a notice on our Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Questions

If you have any questions or concerns about this Privacy Policy or the use of your information, or to modify or update any information we have received, please contact support@FITrax.com.