FITNESS ADAPTIVE PRIVACY POLICY

Version Date: March 29, 2021

This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.

This Policy applies to your access and use of Fitness Adaptive, its subsidiaries, affiliates and agents, (collectively “Fitness Adaptive Personal Training”, “Fitness Adaptive”, or “We”, “Us” or “Our”) Websites (“Websites”, “Website”). By using the website(s), you confirm that you have read and agree to be bound by this privacy policy. If you disagree with any part or section of this privacy policy, then please do not use the website(s).

This Privacy Policy explains and reviews the policies and practices that we have developed to safeguard your personal information and to comply with applicable data protection laws. Please read this notice carefully to understand what information we collect, how we collect it, how we use it, who we may disclose it to, and how you can manage your personal information. 

Our websites are hosted by 3rd party affiliates and operated, controlled, and managed from within the United States of America. Any and all information practices are governed by the laws of the United States of America and the Commonwealth of Utah, which may differ from current privacy laws in your state or home country. By submitting your personal information to us through our website(s), you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable U.S. Federal and State laws with this Privacy Policy.

Our privacy policy may change so please check this page periodically, as your continued use of the Websites, after we publish our changes, indicates your acceptance of any changed terms.

INFORMATION COLLECTION

We provide websites to share information about the services and products we offer.  Regardless of the device you use to interact with our Websites, Fitness Adaptive may collect information that identifies you or that can be used to contact or distinguish you as an individual (“Personal Information”).  We may need to collect Personal Information about you to provide you with services or information you request, or to facilitate commercial engagements with you. If you do not provide Personal Information, we may not be able to provide services or information to you, or enter commercial engagements with you.

We will only collect Personal Information about you that is necessary for one or more of our legitimate business purposes, or is required by law. 

When you visit our Website(s), we collect the following types of Personal Information:

(a)    Personal Information that we collect directly from you:

We collect Personal Information directly from you when you register with the Website(s), subscribe to online services, or otherwise provide information directly to us. The following are examples of Personal Information that we may collect directly from you:

  • Name;
  • Contact details (e-mail address, telephone number, mailing address etc.);
  • Username and password;
  • Age/Date of birth;
  • Communication preferences;
  • Business information, including occupation and areas of specialization; and
  • Other Personal Information necessary for the administration of certain online services.

(b)    Other Information that we collect when you visit our Websites:

We use a variety of common, automated data collection technologies, such as internet tags or cookies (“Data Collection Technologies”), to assess how our Websites are used, to personalize your experience, and to deliver content tailored to your interests. In doing this, we collect information about you when you visit our Websites. When you request pages on our Websites, for example, our servers automatically log your internet protocol (IP) address.  The IP address is a unique number assigned to your computer to identify it whenever you are surfing the Web.  We use the IP address to understand the web pages you visit. The IP address does not identify you personally, but it allows us to maintain communications with you as you move about the Website. Generally, these types of data elements (“Other Information”) do not reveal your identity or do not relate directly to you or any other individual.

The following are some examples of Other Information:

  • device ID, including IP address;
  • browser and device information
  • aggregated information such as “click stream” information such as entry and exit points for the Websites (including referring URLs or domains), certain Websites traffic statistics, page views, and impressions;
  • geolocation (if using a mobile application and you consent to providing it); and
  • other information collected through cookies, pixel tags and other technologies described in more detail later in this Privacy Policy.

(c)    Sensitive Personal Information

We avoid collecting sensitive personal information, such as health data (“Sensitive Personal Information”), through our Websites.  Where required to comply with all applicable data protection and privacy laws, we will obtain your explicit consent to collect Sensitive Personal Information about you through our Websites.

(d)    Data enhancement

In addition, we may collect information about you from publicly-available sources, third parties, and directly from you through your interactions with us.

HOW WE USE YOUR PERSONAL INFORMATION

By providing your Personal Information, you agree that, where it is permitted by local law, we may use your Personal Information:

  • to communicate with you, including by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging;
  • to notify you of our new products and services and to provide you with product news and updates, promotional materials or newsletters, tips, or other helpful information;
  • to seek your views on our products and services;
  • to monitor our regulatory compliance;
  • to respond to your requests;
  • to improve the content or personalize our communications;
  • for our own administrative and quality assurance purposes, such as to perform data analysis to identify usage trends, determine the effectiveness of our promotional campaigns and general operation of the Website;
  • to improve our level of service; and
  • for other purposes that may be detailed on our Website(s).

When we collect your Personal Information, we will take reasonable steps to advise you of what Personal Information we are collecting, the purposes for which we are collecting the Personal Information and will use such Personal Information only for stated primary or related secondary purposes.  

Product reports. If you contact us regarding a product experience, we may use the Personal Information you provide to generate complaints or adverse event reports.

Marketing. We may use your Personal Information for marketing-related activities, including to communicate with you about our products, services, and company and to invite your participation in engagement opportunities (e.g., surveys). You can unsubscribe from marketing communications by clicking the “Unsubscribe” link included in each message.

HOW WE SHARE YOUR PERSONAL INFORMATION WITH OTHERS

Your privacy is very important to us.  We may disclose your Personal Information to certain third parties listed below, including third parties who provide us with various business services.  We will not sell your Personal Information.  We will not otherwise disclose your Personal Information without your consent, except where such disclosure is reasonably necessary for normal business operations and such disclosure is in accordance with all applicable data protection and privacy laws. 

(a)    Affiliates

We may disclose Personal Information to our affiliated companies for the purposes described in this privacy notice, including for marketing purposes, and to be consistent with our goal of providing our consumers with the superior product and consumer experience that our customers have come to expect from us around the globe. Affiliates are those companies that are under control, involved in joint operation, or employed, contracted, and paid by  Fitness Adaptive for services rendered

(b)    Third parties/Service Providers

We may disclose your Personal Information to third-party service providers who provide services to us, such as:  Website hosting, professional services, including information technology services and related infrastructure, customer service, email delivery, auditing and other similar services.  We may also disclose your Personal Information to third parties to perform services you request or functions you initiate on the Website.  If we allow a third party to have access to your Personal Information, they will only be permitted access for purposes that are consistent with this privacy notice and will be required to protect your Personal Information in accordance with all applicable data protection laws.

(c)    Law enforcement

In certain circumstances, we may be called upon to release your Personal Information in response to a court order, subpoena, search warrant, law or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the Personal Information that they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful to individuals or the Personal Information we are responsible for.

(d)    Corporate transactions

We may disclose your Personal Information to a third party relating to a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including regarding any bankruptcy or similar proceedings.

(e)     Other Legal Reasons

In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: 

(1) under applicable law, including laws outside your country of residence; 

(2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; 

(3) to comply with subpoenas and other legal processes; 

(4) to pursue available remedies or limit damages we may sustain; 

(5) to protect our operations or those of any of our affiliates; 

(6) to protect the rights, privacy, safety or property of Fitness Adaptive, our affiliates, you and others; and 

(7) to enforce our terms and conditions.

HOW WE USE OR SHARE OTHER INFORMATION

We use Other Information or additional information that we collect for any purpose not prohibited by law.  We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use all Other Information, provided that such information does not personally identify you.  If we combine Other Information or additional information with Personal Information in a way that can identify or be used to identify you, we will treat that information as Personal Information. 

OUR SECURITY MEASURES

We have implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Websites.  Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect your Personal Information, including ensuring that you have up-to-date antivirus software.

INTERNATIONAL TRANSFERS

As a global company, Fitness Adaptive conducts business in many countries. Please note that permitted transfers of Personal Information to third parties or other companies within the Fitness Adaptive group include the transfer of data from one country to another and may include transfers to a country where the laws provide different protection from your country. In such cases, we will take appropriate measures to ensure adequate data protection in accordance with applicable data protection laws.

Data Collection Technologies

In addition to collecting your IP address as described above, we may also use certain Data Collection Technologies on our Websites such as:

Links to Other Sites

Our Websites may feature links to third-party websites that we believe you might find useful and informative. We do not endorse or recommend these websites’ content or services, and we are not responsible for the privacy practices of the operators of these other websites.  We encourage you to be aware of and read the privacy notice of each website you visit.  When you link these third-party websites, please remember that you are bound by the privacy policy of the third-party.  We may also partner with other companies to provide you with content or services on a joint or “co-branded” basis using a co-branded website with both the Fitness Adaptive logo and the logo of the co-branded partner displayed. You should read the individual privacy policies of the co-branded websites, as these policies may differ in some respects from this privacy notice.

Cookies

Cookies are small text files placed in your computer browser or other web-accessing device directories to store your information about your use of the Websites and your activities online (collectively, “Cookies”).  A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number.  To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

We use first-party, session, and persistent cookies. These cookies allow us to distinguish you from other users of our Websites, and to enhance this Website and your experience when you browse this Website.

If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer.  Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all the features and functionality of the Website.

Google Analytics

This Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses Cookies. The information generated by the Cookie about your use of this Website is generally transferred to a Google server in the United States and stored there. 

Google will use the received information to evaluate your use of this Website for Fitness Adaptive, to compile reports on website activity, and to provide other services related to website usage and internet usage. The IP address provided by your browser as part of Google Analytics will not be merged with any other Google data.