FitGrid End User Privacy Policy

Version 1.0 - Effective Date: November 21, 2018

Welcome to FitGrid, which is owned and operated by YourGuru, Inc. (“FitGrid,” “us” or “we”). This Privacy Policy describes the type of information collected about you (“you”) when you download, install, access, or use our mobile application (the “App”) and when you access and use any of the tools and features that we provide (collectively, the “Services”).

  1. Scope of Privacy Policy

    Please review this Privacy Policy and our Terms of Use carefully. By using our Services, you consent to the collection and use of your Personal Data in accordance with this Privacy Policy and the use of our Services in accordance with our Terms of Use. Your “Personal Data” means any information relating to an individual in identified or identifiable form.

    This Privacy Policy does not apply to (i) any third party applications that integrate with the Services (“Third Party Services”), (ii) the privacy practices of your Studio(s) (“Your Studio”); or (iii) any other third party products, services or businesses. To understand the privacy policies of any of these third parties, please review each of their privacy policies.
  2. Information we Collect

    There are four basic categories of information we collect about you:

    Here’s a little more detail on each of these categories:

    Information from Your Studio(s)

    Your Studio(s) may have shared your Personal Data with us for a variety of purposes including (i) enabling their instructors and other staff (collectively, “Studio Personnel”) to communicate with you through our platform, (ii) enabling us to provide them with analytics about their business, and (iii) enabling us to invite you be part of FitGrid. Once you activate your FitGrid Account (your “Account”) this Personal Data will become part of your FitGrid Profile (your “FitGrid Profile”).

    Information You Choose to Give Us

    When you use our Services, we collect the information you choose to share with us. For example:
    Information We Get When You Use Our Services

    When you use our Services, certain information is automatically generated and stored about your visits. The type of information gathered this way includes:

    Location Based Services. The device you use to access the Services may provide your location to us. If you enable the location-based feature on your device, we will automatically receive information about your location when you use the Services. Your device may allow you to deactivate location-based services. If you deactivate location-based services, your device should no longer send information about your location to third parties, including FitGrid; but be advised that if you turn off location-based services on your device, certain aspects of the Services may not be available to you.

    You are not under a statutory or contractual obligation to provide us with any Personal Data. However, certain information is collected automatically and if you don’t provide some information, we may be unable to provide the Services to you.

    Information We Get from Third Parties (Other than Your Studio(s))

    We may collect certain information, including:

    This Privacy Policy does not cover the practices of third parties, including (i) those that may disclose information to us or advertise on our Services and (ii) our payment processor. Please refer to the privacy policy of the third party when submitting Personal Data to them.
  3. Combining Information. All the Personal Data we collect about you, whether directly, indirectly, or automatically, may be combined to help us tailor and improve your experience with the Services and to create your FitGrid Profile.
  4. Use of Information

    When you create a FitGrid Profile, FitGrid uses your Personal Data:

  5. Information Collected by Cookies and Other Technologies

    Like most online services and mobile applications, we may use cookies and other technologies, to collect information about your activity and your devices. We may also use these technologies to collect information when you interact with services we offer through our partners. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the setting on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our Services.

    Cookies

    When you visit our App or otherwise interact with the Services we (or third party data or ad networks we work with) may send one or more “cookies” to your device. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features of the Services will not function if you do not allow cookies. We may link the information we store in cookies to any Personal Data we have collected.

    Web Beacons

    We (or third party data or ad networks we work with) may use web beacons alone or in conjunction with cookies to compile information about our Service or other information we or they have collected. Web beacons are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allow checking that a user has viewed the page or email. Web beacons may be used within the Services to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by web beacons to our users’ Personal Data.

    HTML5 Storage

    We use local shared objects and/or local storage, such as HTML5, to store content information and preferences. Third parties with whom we may partner to provide certain features to display advertising based upon your browsing activity may also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 storage.

    Analytics Software

    We may let other companies use cookies, web beacons, and similar tracking technologies on our Services. These companies may collect information about how you use our Services and other websites over time and across different Services. The information that may be collected could include, among other things, internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. For instance, we use Google’s products for the purpose of collecting information about traffic to our website and how users use our Website. To learn more about how these products collect and process data and the choices Google may offer to control these activities, visit www.google.com/policies/privacy/partners.

    Advertising Networks

    We may partner with third party data or ad network(s) and other service providers to show you relevant ads, including ads displayed through the Services and on other companies’ websites or apps. We and our service providers may use cookies and web beacons to deploy and read cookie identifiers and Mobile Ad IDs, associated with your activities on the Services, third party web sites, mobile apps or other information we collect, to provide you targeted advertising based upon your interests. They may also use these technologies, along with activity information they collect, to recognize you across the devices you use, such as a mobile device and a laptop or other computer. These ad networks and their customers may also use any of this information to measure ad performance, understand their (or our) audience, or otherwise improve and enhance their marketing.

    Similarly, we or a third party data partner may associate cookies with hashed (non-human readable) versions of your registration data (e.g. your email address), along with other interest-based or demographic data. You can learn more about or opt out of this type of advertising through the links in Section 8 of this Privacy Policy.
  6. Links to Third Party Websites and Social Media Features.

    When you select a link to a third party website from our App you will be leaving FitGrid and any information you provide will be governed by that website’s or service’s privacy policy. These third parties may retain any information used or provided in any such communications or other activities and these third parties' practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third party sites or services, you are using their services and not our Services and they, not we, are responsible for their practices. You should review the applicable third party privacy policies before using such third party tools on our Service.

    When you register with FitGrid, you may have an option to use your Facebook, Google or other account information provided by a third party site or application to facilitate the creation of your FitGrid Account and FitGrid Profile. If you choose to use this functionality, the third party site or application may send Personal Data about you to us. If so, we will then treat it as Personal Data under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction with our Services. In addition, we may provide third party sites' interfaces or links on the Service to facilitate your sending a communication from the Services.
  7. Disclosure of Information

    We may share information collected from and about you as follows:
  8. Choices About how We Use and Disclose Your Information

    We strive to provide you with choices regarding the Personal Data you provide to us. Here are mechanisms to provide you with control over your information:

  9. Accessing and Correcting Your Information

  10. Your California Privacy Rights

    California Civil Code Section 1798.83 permits residents of the State of California to request a list of all third parties to which the Services has disclosed certain information during the preceding year for direct marketing purposes. To make such a request, please send an email to support@FitGrid.com with the statement “Your California Privacy Rights” in the subject field of your request. Please include your full name, email address, and postal address in your message.
  11. Using our Services from Outside of the United States

    Our Services are designed for individuals in the United States. If you are using our Services outside the United States or are not a US resident, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The information protection laws of the United States might not be as comprehensive or protective as those in your country. By using the Services, you understand that your information may be transferred to our facilities and to third parties as described in this Privacy Policy.
  12. How We Respond to Do Not Track Signals

    Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. We currently do not recognize browser “Do Not Track”. Please use the following link to learn more about DNT: http://www.allaboutdnt.com.
  13. Third Party Content Integrations

    The Services may also contain third party integrations, or offer a co-branded or third party branded service. Through these links you may be providing information (including Personal Data) directly to the third party, us or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third party website or services that you visit or use, including those third parties you interact with through our Services.
  14. Security/Protection of Information

    We are committed to protecting your information but no data transmission or storage can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk (see our Terms of Service). You are responsible for keeping your password confidential.

    We have adopted technical, administrative, and physical procedures to help protect the information you submit from loss, misuse, unauthorized access and alteration. For example, information you provide to us is stored behind firewalls and all payment transactions will be encrypted using SSL technology. If you have any questions about the security of your interaction with us (if, for example, you feel that the security of any account you might have with us has been compromised), you can contact us at support@FitGrid.com.
  15. Assignment of Rights to Information

    In the event of the sale, acquisition, or merger of FitGrid or of all or substantially all of its assets, and in the event of any other change of control, Personal Data possessed by us about you may be transferred, sold or shared in connection with such transaction.
  16. Legal Disclosures

    We reserve the right to disclose the information we collect that we believe to be necessary or appropriate in the following circumstances:

  17. Referral Contact Information

    If you choose to use our referral service to tell a friend about our Services via SMS or email, we will ask for your friend’s email address or telephone number. We will automatically send your friend an email or SMS message inviting them to visit the App. We store this information for the sole purpose of sending this message and tracking the success of the referral program. Your friend may contact us at support@FitGrid.com to request that we remove this information from out database.

    When using this feature, we will access the contact list of your device for the sole purpose of assisting you in finding individuals to whom you wish to send these communications. If you submit any Personal Data relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. Please also note that when using the SMS feature charges from your carrier may apply.

    Your provider’s standard data and messaging rates apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. Data obtained from you in connection with this SMS Service may include your name, address, cell phone number, your provider’s name, and the date, time, and content of your messages. The use of this information will be in accordance with this Privacy Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. You may opt out of the SMS Service at any time by replying “STOP”, “END”, or “QUIT” to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message to each offering.
  18. Privacy Protections for Children

    Our services are not intended for children under 13 years of age. No one under age 13 may provide any Personal Data to our Services. We do not knowingly collect, use or disclose Personal Data from children under 13.
  19. User Submissions

    Our Services may enable you to submit your own content, including text, photos and message boards (“User Submissions”). Publication of these User Submissions is described in our Terms of Service. We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. You should not provide User Submissions that you want protected from others. To request removal of your Personal Data from our Services, contact us at support@FitGrid.com. In some cases, we may not be able to remove your Personal Data or some content (if, for example, it is reposted by another user), in which case, we will let you know if we are unable to do so and why.
  20. Testimonials, Ratings and Reviews

    If you submit testimonials, ratings or reviews to the Services, any Personal Data you include will be displayed in the Services. If you want your testimonial removed, please contact us at support@FitGrid.com.
  21. Changes to this Privacy Policy

    We may update this Privacy Policy. When we do we will update the “Effective Date” at the top of our Privacy Policy and such changes will be effective upon posting. For material changes to the way we use your Personal Data or Privacy Policy, we will attempt to notify you by prominently posting a notice of the changes on our Services. You should periodically review this Privacy Policy and your continued use of the Services constitutes your agreement to this Privacy Policy and any updates.
  22. Questions

    If you have questions about this Privacy Policy, please contact us at support@FitGrid.com and we will endeavor to respond to your request within a reasonable amount of time.