FitGrid Consumer App Privacy Notice

 

Last Updated: July 23, 2020

 

Welcome to the FitGrid App, which is owned and operated by YourGuru, Inc. (referred to in this privacy notice as “FitGrid,” “us” or “we”).   This Privacy Notice describes the collection, use and disclosure of information when you download, install, access, or use our mobile application (the “FitGrid App”) and accompanying services (together with the FitGrid App, the “FitGrid Services”).  We will inform you about material updates of this Privacy Notice by e-mail and/or via the FitGrid Services.  We encourage you to periodically review this Privacy Notice to stay informed about how we are protecting the personal information we collect.  Your continued use of the FitGrid App constitutes your agreement to this Privacy Notice and any updates.

 

We recommend that you read this Notice in full to ensure you are fully informed.

 

PERSONAL INFORMATION WE COLLECT

 

“Personal Information” means any information about an individual from which that person can be identified.  It does not include information where the identity has been removed (anonymous data).

 

Personal Information we may collect or obtain includes:

 

·       Account Information.  Some Personal Information is required to create an account on the FitGrid App such as your name, your e-mail address, a password, your date of birth, your gender, the country in which you reside, your photo, your home zip code and a password.  You may also have to provide other types of information such as your communication and privacy preferences, fitness goals, workout preferences and motivations, non-medical information about possible pains and physical conditions, and outside interests.

 

·       Marketing and Communications Data.  As you use the FitGrid App, we collect certain information about your usage such as your communication preferences, marketing or other communications, responses to surveys and promotions, inquiries.

 

·       Technical Data.  As you use the FitGrid App, certain technical information is collected, such as your internet protocol (IP) address, device token, time zone, setting and location, and other technology on the devices you use to access the FitGrid Services;

 

·       Usage Data.  As you use the FitGrid App, certain usage data is collected such as your FitGrid friend and group selections, studio workout history, classes purchased, messages with FitGrid and through FitGrid  with friends, studios, instructors, and groups you join, photos and videos you post or are captured, and information about your use our FitGrid App and other FitGrid Services.  We also may collect precise location information if this feature has been activated.

 

·       Information Shared When Linking to Third-Party Accounts. FitGrid may allow you to sign up and log in to the FitGrid Services using accounts you create with third-party products and services, such as Facebook (collectively, “Third-Party Accounts”).  You may also ask us to link to your or a studio’s social media accounts, fitness booking services (such as MINDBODY), payment services (such as Stripe) and/or your studios’ fitness accounts in order to connect with instructors and friends, sign up and/or pay for classes, track your attendance, or receive promotions.  When we link with such third parties or send you to such third parties or their providers, we may be accessing information collected by such third parties (or their service providers). Personal Information they share with FitGrid is shared under their privacy notices. Please Note: FitGrid acts as a service provider to many studios and instructors through other FitGrid products.  By linking with a studio through our FitGrid Services, we will be able to access Personal Information that such studio has authorized us to process on its behalf.

 

·       Information Shared by Friends.  Individuals who use the FitGrid App may have asked us to invite you to join FitGrid.  When one of your friends does this, we collect the e-mail or other contact information they have shared with us and use it for the purpose of inviting you on their behalf including potentially to promote the FitGrid Services by way of their referral or introduction.

 

SENSITIVE PERSONAL INFORMATION

 

We ask that you not disclose any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religious or other beliefs, genetic characteristics, trade union membership,  criminal background or medical or health information) through the FitGrid App or otherwise to us, except where explicitly requested or consented to by FitGrid.

 

HOW WE USE YOUR PERSONAL INFORMATION

 

Our goal is to provide you with the best personalized fitness experience. We use the personal information we collect for legitimate business purposes, including:

 

·       To Provide and Maintain the FitGrid Services.  We hope everyone will love using the FitGrid App, and we use the information we collect to that end.  For example, we use personal information to enable you to track your workout activity, advise instructors and studios about your fitness goals, provide means for instructors to recognize your attendance in their classes and enable you and your friends and groups to connect around the offerings of our studios clients and their instructors. 

 

·       To Improve, Personalize, and Develop the FitGrid Services.  We want to make FitGrid your most trusted advisor as you achieve your fitness goals. To help achieve this,  we use the information we collect to personalize your experience, improve the FitGrid App, and develop new features.  When you allow us to access location information in the app, we use that information to provide and improve features of the FitGrid App, such as finding studios in your neighborhood.

 

·       Communication: FitGrid believes fitness is all about people, and to facilitate your connection with others, we encourage communication in all forms.  As a result, we use the information we collect to communicate with you about your classes, groups, friends, studios and instructors; to provide you with product updates, reminders, information about rewards programs and other promotions; to send promotional messages; to respond to your support requests; and to allow you to communicate with friends, groups, instructors, and studios.

 

·       Research and Development. FitGrid is always trying to anticipate what our clients and partners need next.  We use the information we collect to learn about our subscriber base, develop and test new features and ideas and to improve the FitGrid App for our subscribers.

 

·       Marketing: At FitGrid we believe that the services that we offer can truly help people commit more fully to their fitness journey.  As a result, we want as many people as possible to know about what we offer.  We may use the information we collect to market and promote the FitGrid Services. 

 

·       To Promote Safety and Security. We want everyone to feel safe and secure when they use the FitGrid App. We use the information we collect to maintain the security of our App, including to authenticate users, protect against violations of our Terms of Use, respond to a legal request or claim, conduct audits, to investigate or prevent possible fraud, and/or other violations of our Terms of Use or this Privacy Notice and or in connection with possible attempts to harm our subscribers, studio partners or other third parties.

 

SHARING AND DISCLOSURE OF INFORMATION TO THIRD PARTIES

 

We do not sell your Personal Information.  We may disclose your personal information to the following categories of recipients or in the following circumstances.

 

·       Third party service providers and partners who provide hosting, data processing and other services to us (for example, to support the delivery of, provide functionality, or help enhance the security and privacy of the FitGrid App).

·       Studios and instructors with whom you take classes or have linked your account.

·       Where you direct us to disclose your personal information to a venue, studio, instructor or other provider that makes available a class, activity or experience which you reserve or use through the FitGrid App and their third-party providers, so that they can process the applicable reservation or activity and make available the class, activity or experience to you.

·       Professional advisors, such as lawyers, auditors, and insurers, as necessary in the course of the professional services they provide us with.

·       To anyone who subscribes to the FitGrid App if you voluntarily share information about yourself in a public area of the FitGrid App, such as a public profile or group section, or if you take a class together with the same instructor or at the same studio.

·       To friends and group members, if you choose an individual as a friend or opt to be part of a group.

·       When we are required to disclose Personal Information to respond to subpoenas, court orders, legal processes, or to establish or exercise our legal rights or defend against legal claims.

·       Where we have a good-faith belief that sharing is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use or otherwise required to comply with our legal obligations; or

·       In the event of a merger, sale, change in control, bankruptcy, dissolution, or reorganization of all or part of our business.

·       As we may otherwise notify you of and/or you may consent to from time to time including within context through usage of the FitGrid App.

 

FitGrid may aggregate the information you and others make available in connection with the FitGrid Services and post it publicly, or share it with third parties.  Examples of the type of information we may aggregate included information about demographics, usage, fitness profiles (e.g. workout goals). 

 

We require all third parties to respect the security of your personal information and to treat it in accordance with the law.

 

In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your personal information is treated, transferred, or used.

 

THIRD-PARTY SITES AND WIDGETS

 

This Privacy Notice does not apply to, nor are we responsible for, the privacy, information or other practices of any third parties, including any booking engine, payment processor or any third party operating any service to which the FitGrid App or any other FitGrid Services link.  The inclusion of a studio, instructor or a service accessible by a link or plug-in on the FitGrid App does not imply our endorsement of such studio, instructor or linked site or service. We therefore encourage you to review the privacy policies of third-party companies and websites before submitting any personal information to them.  We have no control over, and are not responsible for, third parties’ collection, use and disclosure of your Personal Information.

 

GROUPS

 

The FitGrid App offers publicly accessible groups. Please keep in mind that if you disclose Personal Information through FitGrid public groups this information may be viewed, collected and used by others. To request removal of your Personal Information, contact us at privacy@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.

 

SIGN-IN SERVICES AND SOCIAL MEDIA SHARING

 

You can log into some of the FitGrid App using sign-in services such as Facebook or other third party service. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign-up form. Some services like Facebook give you the option to post information about your activities on our App to your profile page to share with others within your network. In addition, when using the FitGrid App we may allow you a chance to tell friends about our services by accessing their contacts through your input or by capturing the information from a social media account, mobile device or other source you indicate and communicate your referral or introduction by way of a communication sent to such friends by email, text message, Facebook or other social media account or communication method.

 

TESTIMONIALS, RATINGS, AND REVIEWS

 

If you submit testimonials, ratings or reviews to the FitGrid App, any Personal Information you include may be displayed in the FitGrid App or other FitGrid Services. If you want your testimonial removed, please contact us at privacy@fitgrid.com.

 

SECURITY

 

Keeping your information secure is important to us. We apply physical, electronic and procedural safeguards in connection with the collection, storage, and disclosure of Personal Information. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. FitGrid has no control over or responsibility for the security or privacy policies or practices of other sites on the Internet you might visit, interact with, or from which you might buy products or services, even if you visit them using links from the FitGrid App.

 

Please note that no website, mobile app or service is completely secure and so, while we endeavor to protect our Subscribers' information using the measures described above, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will not occur.  Some of the steps we take to secure your Personal Information include, without limitation:

1.     We protect the security of your information while it is being transmitted by encrypting it.

2.     We use safeguards such as firewalls and data encryption to keep data safe;

3.     We only authorize access to employees and trusted partners who need it to carry out their responsibilities; and

4.     We regularly monitor our systems for vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.

 

INTERNATIONAL DATA TRANSFERS

 

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. Specifically, information collected outside the United States, including in the European Economic Area ("EEA"), may be transferred to and stored on our servers in the United States. These countries may have data protection laws that are different to the laws in your country (and in some cases, may not be as protective).

 

MARKETING

You will receive marketing communications from us, periodically, and if you have requested information if you have not opted out of receiving that marketing.

 

You can ask us to stop sending you marketing messages at any time by following the opt-out links in any marketing message sent to you, or by contacting us at marketing@fitgrid.com.

Please note that opting out of marketing communications does not opt you out of receiving important business communications, such as security updates, service announcements, or transactional notifications such as class confirmations.  Further, opting out from receiving marketing communications from FitGrid may not stop studios or instructors or their service providers with your personal information from continuing to contact you based on the arrangements you have or make (including through use of the FitGrid Services) with them. 

 

CHILDRENS’ PRIVACY

 

We do not knowingly acquire or receive personal information from children. If we learn that any user of our FitGrid Services is under the age of 18, we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the FitGrid Services.

 

CALIFORNIA DO NOT TRACK DISCLOSURES

Your browser or mobile device settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. We currently do not recognize “Do Not Track” settings.

 

ADDITIONAL PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS

California Residents

 

If you are a California resident and use our FitGrid Services you may have the right to receive a free, yearly accounting of:

(1) information identifying each third-party company to whom we may have disclosed, within the past year, personal information pertaining to you for our direct marketing purposes; and

(2) a description of the categories of personal information disclosed. If you are a California resident who qualifies to receive such an accounting and would like to make one, please email privacy@FitGrid.com.

 

CONTACT US

 

If you have any questions, comments or concerns about this Notice, please e-mail our data protection officer at privacy@fitgrid.com. Or, you can write to us at:

 

33 West 17th Street

7th Floor

New York, NY 10011