Version 1.0 - Effective Date: November 21, 2018
- 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).
- Information you choose to give us.
- Information we get when you use the Services.
- Information we receive from third parties (other than Your Studio(s)).
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 create your Account and FitGrid Profile we collect information about you, such as: a unique username you’d like to go by, a password, an email address, a phone number, first name, last name, a date of birth, a photo, gender, location, zip code, class preferences, fitness information provided by you that will help studios and instructors better serve you, and information provided by you that will help us to connect you to other clients in the community. You can choose private mode in the App, in which case the only things about you that would be shared with FitGrid Members (other than Studio Personnel) is the first intial of your first name and the first initial of your last name. Neither your photo nor any other identifying information will be shared with any other users of the App (other than Studio Personnel).
- You may provide additional Personal Information about yourself and others when you use interactive features of the Services such as when you (i) enable us to invite your friends to FitGrid; (ii) respond to surveys; (iii) post messages to our forums and bulletin boards; (iv) use our messaging services.
- When you correspondence with (i) us regarding the Services, (ii) Studio Personnel and (iii) other individuals who subscribe to FitGrid (“FitGrid Members”), we collect information about your communication and any information you choose to provide.
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.
- Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the App, including location data, logs and other communication data and the resources that you access and use on or through the App.
- Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number.
- Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include for example personal contacts, and address book information.
- Advertisements you view and links you click on within our Services.
- Information collected through cookies, web beacons and other similar technologies. To learn more about how we use these technologies, please see Sections 5-8 below.
- The features of the Services you use, messages you send, screens you visit, and the connections you make.
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:
- 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.
- If you link, connect, or login to your FitGrid Account with a third party service such as Google or Facebook, the third party service may send us information such as your registration and profile information from that service.
- 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.
- Use of Information
When you create a FitGrid Profile, FitGrid uses your Personal Data:
- To enable you to participate in interactive features of the Services including but not limited to sending messages to other FitGrid Members and Studio Personnel.
- To personalize your experience on the App by presenting statistical information.
- To enable you to sign up for classes.
- To facilitate social sharing functionality.
- To develop, operate, improve, deliver, maintain, and protect our products and 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.
- To investigate and help prevent security issues and abuse.
- To enforce our Terms of Service and other usage policies.
- Information Collected by Cookies and Other Technologies
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.
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.
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.
- Links to Third Party Websites and Social Media Features.
- 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 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 Your Studio(s) and their Studio Personnel.
- 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 FitGrid Members, including Studio Personnel, 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 that does not contain any personally identifiable information without restriction
- 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:
- Opt Out of Online Behavioral Advertising. We do not control third parties’ collection or use of your information to serve interest-based advertising. For information about opt out programs that third party advertising companies participate in, and to opt out of the use of browsing data for interest-based advertising by companies that participate in these programs, you can visit http//www.youradchoices.com to learn more. You can also visit the DAA Consumer Choice Page at http://youradchoices.com and download AppChoices free of charge to enable desktop data collection control. Please note: when using the ad industry opt-out tools described above, we may still collect some data about your online activity for operational purposes and you may continue to receive ads but those ads will be less relevant because they won’t be tailored to your interests. In addition, if you use multiple devices you may need to execute this opt out on each browser or device.
- Opt Out of FitGrid Communications. You can opt out of receiving messages through FitGrid by logging into the App and adjusting your user preferences. In addition, you can opt out of email or text messages from FitGrid, Studio Personnel, and FitGrid Members by following the instructions contained in such message, or by contacting us directly at firstname.lastname@example.org. Please note: even if you unsubscribe to commercial messages or communications from FitGrid Members and Studio Personnel, we may still need to send you communications relating to your use of our Services, such as important service announcements). Please note: 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 Services, and you cannot opt-out from receiving those messages. You may also receive invitations from friends and new Studios to join FitGrid.
- Accessing and Correcting Your Information
- You can review, edit, or delete your Personal Data and other Account information by logging into your account and making the appropriate changes or by emailing us at support@FitGrid.com. 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. Please Note: we cannot delete your Personal Data without also deleting your FitGrid Profile. In addition, some of your information may remain in cached or back-up storage even if you ask us to delete it or it may have been copied or stored by other users. We may also archive some or all your Personal Data as we believe may be required by law or for legitimate business purposes and 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.
- If you would no longer like to be contacted by a Studio or its Personnel, or would like to access, correct, amend, or delete inaccurate Personal Data held by your Studio(s), please contact each Studio directly.
- 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.
- Using our Services from Outside of the United States
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.