FitGrid™ Privacy Policy

Version 1.0 - Effective Date: July 20, 2017

Welcome to FitGrid, which is owned and operated by YourGuru, Inc. (“YourGuru,” “us” or “we”). This Privacy Policy describe the types of information collected about you (“You”) when you visit this website or if you use other products and services offered by us or our affiliates if they include an authorized link to this Privacy Policy (collectively, the “Services”).

You must be eighteen (18) years of age or older and reside in the United States to use our Services. The Services and use thereof are intended for U.S. Residents only – please do not share personally identifiable information if you are not a U.S. Resident. If you are from the European Union or other areas, the privacy and data protection laws may not be equivalent to the laws in your country of residence. By using the Services, you consent to the terms of this Privacy Policy.

1. Scope of Privacy Policy.
   This Privacy Policy applies to information collected about You through the Services. Please review this Privacy Policy carefully. In addition, please review our Terms of Use, which govern Your use of the Services.
2. Information We Collect.
   There are three basic categories of information we collect:
   • Information you choose to give us.
   • Information we get when you use our services.
   • Information we get from third parties.
   Here’s a little more detail on each of these categories.
   
   Information You Choose To Give Us.
   When you interact with our Services, we collect the information that you choose to share with us. For example, if you create an account or request a demo, we need to collect a few important details about you, such as: a unique username you’d like to go by, a password, an email address, a phone number and a date of birth. To make it easier for others to find you, we may also ask you to provide us with some additional information that will be publicly visible on our Services, such as profile pictures, a name, or other useful identifying information.
   
   When you create an account, you may also share with us:
   • Debit or credit card number and its associated account information
   • Information you provide about yourself and others when you use interactive features of the Services such as surveys or messaging services
   • Correspondence you send to us or through us, including email correspondence with respect to problems with the Services, e-mail communication to Subscribers, Administrators, Instructors and Customers
   • Information you include in your notes
   Information We Get When You Use Our Services.
   We may collect certain information automatically, including:
   • Your device type and settings, software used, browser type and operating system
   • Your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer whenever you access the internet and that can sometimes be used to derive your general geographic area
   • Websites or other services you visited before and after visiting our Services
   • Web pages and advertisements, you view and links you click on within our Services
   • Unique identifiers and connection information, including mobile device identification numbers (e.g. Apple’s Identifier for Advertising IP (“IDFA”) or Google’s Android Advertising ID (“AAID”)) and internet connection means (e.g. mobile operator, ISP, Wi-Fi connection) that can identify the physical location of such devices in accordance with applicable law;
   • Information collected through cookies, web beacons and other similar technologies. To learn more about how we use these technologies, please see the Section below entitled, “Information Collected by Cookies and Other Technologies”
   • The features you use of the Services, including e-mails you send, pages and screens you visit, the connections you make, and notes taken through the Services
   Information we get from third parties.
   We may collect certain information, including:
   • Information about you that other Subscribers (“Subscribers”) provide to us, as governed by their privacy policies, when they use our Services. For example, when Studio Subscribers (“Studios”) enroll in our Services, they provide us either directly or through third parties, with information about their Customers (“Customers”) and their Instructors (“Instructors”). If you do not want that information to be shared with us by a Studio, please contact the Studio to whom you provided your personal information.
   • Information about you from other sources, such as public databases, strategic partners, social media platforms, people with whom you are friends or otherwise connected to on social media platforms as well as from other third parties.
   This Privacy Policy does not cover the practices of third parties, including those that may disclose information to us or advertise on our Services and our payment processor. Please refer to the privacy policy of the third party when submitting personal information to them.
3. Combining Information.
   All the information we collect about you, whether directly, indirectly, or automatically, may be combined to help us tailor and improve your experience with the Services.
4. Use of Information.
   We only use payment information, such as credit card numbers, as necessary for completing a particular transaction or fulfilling a Service or as otherwise required by law or for collection of any amounts owed. We use other information we collect about you to:
   
   • Develop, operate, improve, deliver, maintain, and protect our products and services
   • Send you communications including by email or text. For example, we may use email to respond to support inquiries or to share information about our products, services, and promotional offers that we think may be of interest to you
   • Send you communications, including by email or text on behalf of Studios and Instructors
   • Monitor and analyze trends and usage
   • Enable you to participate in interactive features including but not limited to sending messages to Subscribers and Customers.
   • To personalize your experience on the Service by presenting statistical information
   • To facilitate social sharing functionality
   • To allow you to send messages to Customers through our Services
   • |For legal purposes described in the section below titled “Legal Disclosure”.
   • For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
5. Information Collected by Cookies and Other Technologies.
   Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and 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 website or otherwise interact with the Service we (or third party data or ad networks we work with) may send one or more “cookies” to your computer or other devices. 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 site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to any personal information you submit while on our site.
   
   We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience of our Services.
   
   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 Service 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 Information.
   
   Flash and HTML5 Storage
   We use Local Shared Objects, such as Flash cookies, AND/OR Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we may partner to provide certain features on our website or to display advertising based upon your browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here.
   
   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.
   
   We also use Google Analytics which uses cookies and other, similar technologies to collect and analyze information about use of the Service and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
   
   We use this information to track and aggregate information to analyze trends, administer the site, track user’s movements around the Service and to gather demographic information about our user base in the aggregate. 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 on the Service and on other companies’ websites or apps, on any of your devices. 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 Service, 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 e-mail 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 the following paragraph.
   
   Mobile Opt Out: Your mobile operating system may let you opt-out from having your information collected or used for interest-based advertising on mobile devices. You should refer to the instructions provided by your mobile device’s manufacturer; this information is typically available under the “settings” function of your mobile.
   
   Web-Based Opt Out: If you wish to opt-out of many of the ad platforms that serve or support interest-based advertising (or learn more about this type of advertising), go to http://www.networkadvertising.org/managing/opt_out.asp. http://www.aboutads.info/choices and http://preferences-mgr.truste.com/ to opt out in desktop and mobile web browsers.
   
   Social Media Features and Widgets
   The Service may include social media features such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs that run on our Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third part or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.
6. Disclosure of Information.
   We may share information collected from and about you as follows:
   
   • To our subsidiaries, affiliates, and business units, strategic partners and third-party service providers who provide us services such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provisions, customer service, email and text delivery, credit card processing, auditing and other similar services.
   • To third parties who are co-branded or other third parties featured on our Services (such as surveys, videos, and messaging). If you have not opted out of providing that information or if you provide your information to those parties, please note that the co-branded partner’s privacy policy may also apply
   • To our Studios if you are a Customer or Instructor of a Studio and are using our Service to interact with the Studio or one of their Instructors. Please contact the Studio to whom you provided your personal information for more information on that Studio’s privacy practices.
   • To third parties to permit them to send you marketing communications, consistent with your choices
   • By you, on message boards, chat profile pages and blogs and other services to which you can post information and materials, including as described in the sections below titled “Testimonials, Ratings and Reviews” and “Public Forum”
   • To your friends associated with your social media account, to other Service users and to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your FitGrid Account
   • As described in the Sections entitled “Legal Disclosures” or Assignment of Rights to Information.
   • For any other purposes disclosed by us when you provide your information or with your consent
   • We may otherwise disclose aggregated information about you and our other uses that does not contain any personally identifiable information without restriction
   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 e-mail to support@fitgrid.com with the statement “Your California Privacy Rights” in the subject field of your request.  Please include your full name, e-mail address, and postal address in your message.
   
7. 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 information) 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.
8. Your Choices
   We strive to provide you with choices regarding the personal information you provide to us. Here are mechanisms to provide you with control over your information:
   
   • You can opt out of receiving email or text messages from a particular Service by following the instructions contained in such message (please note that even if you unsubscribe to commercial messages or communications from Subscribers, we may still need to send you communications relating to your use of our Services, such as important service announcements)
   • You also have choices about whether cookies and other similar technologies are placed on your computer or mobile device for targeted advertisements or otherwise.   You can set your browser settings on these devices to block some or all cookies, however, the Services may not fully function if you disable cookies. You may also opt out of receiving cookies from all participating companies through the Network Advertising Initiative or the Digital Advertising Alliance.  
   • DO NOT TRACK – Some internet browsers include the ability to transmit “Do Not Track” signals.  Because uniform standards for “Do Not Track” signals have not been adopted, we do not process or respond to “Do Not Track” signals.
9. Accessing and Correcting Your Information
   
   • You can review and edit or delete your personal information, settings and other account information by signing into the Service and reviewing and editing your account. [You may also contact us by logging into your account and making the appropriate changes or by emailing us at support@fitgrid.com. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transaction that you began prior to requesting such change or deletion.
   • You may also contact us at support@fitgrid.com to amend, update, or delete information or your account, but we cannot delete your personal information without also deleting your user account.  We will try to comply with all requests within a reasonable amount of time, but will not comply with requests if we believe the change would violate any law or legal requirement or cause the information to be incorrect.   In addition, some of your information may remain in cached or back-up storage even if you ask us to delete it or may have been copied or stored by other users.  We may also archive some or all your personal information as we believe may be required by law or for legitimate business purposes.
   • If you are a Customer or Instructor of one of our Studios and would no longer like to be contacted by the Studio or its Instructors, or would like to access, correct, amend, or delete inaccurate personal information held by a Studio, please contact the Studio directly.  
   Please note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Service, and you cannot opt-out from receiving those messages.
10. 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.
11. Assignment of Rights to Information.
    In the event of the sale, acquisition, or merger of Your Guru or FitGrid or of all or substantially all of its assets, and in the event of any other change of control, information possessed by us about you may be transferred, sold or shared in connection with such transaction.
12. Legal Disclosures.
    We reserve the right to disclose the information we collect that we believe to be necessary or appropriate in the following circumstances:
    
    As required by law, including laws outside your country of residence, such as to comply with a subpoena or similar legal process When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request including a request from authorities outside your country of residence To enforce our terms and conditions To allow us to pursue available remedies or limit the damage we may sustain
13. 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 a one-time email or SMS message inviting them to visit the mobile application.  We store this information for the sole purpose of sending this one-time 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 information relating to other people to us or tour service providers in connection with the Service, 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.
    
    We are headquartered in the United States and our Services are hosted in the United States.  The Services and use thereof are intended for U.S. Residents only – please do not refer any individual who is under 13 years of age or who is not a U.S. Resident.  If you are from the European Union or other areas, the privacy and data protection laws may not be equivalent to the laws in your country of residence.

14. 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 information to our Services. We do not knowingly collect, use or disclose personal information from children under 13.
15. 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 information from our Service, contact us at support@fitgrid.com. In some cases, we may not be able to remove your personal information 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.
16. Testimonials, Ratings and Reviews.
    If you submit testimonials, ratings or reviews to the Service, any personal information you include will be displayed in the Services. If you want your testimonial removed, please contact us at support@fitgrid.com.
17. Links to Third Party Websites and Services.
    Some Services may contain links to other websites and services. We are not responsible for the content and privacy practices of these sites. When you select a link to a third-party web site from one of our Services or policies you will be leaving our Service and any information you provide will be governed by that website’s or service’s privacy policy.
18. 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 Policy and such changes will be effective upon posting. For material changes to the way we use your personal information 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.
19. 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.