Privacy Policy

Effective: December 18, 2014

We at 3Fitt, Inc. know that your privacy is important. This privacy policy is designed to assist you in understanding how we will collect and use the information you provide when you use  (a) our publicly available websites (the "Websites") and (b) the 3Fitt Mobile and other add-on applications ("Apps") and other related services on which we post a direct link to this privacy policy (together with Apps, the "Services").

Please read this privacy policy to learn more about the ways in which we collect and use your information. If we make any material changes to this privacy policy, we will notify you in accordance with the process described in the Changes section of this privacy policy.  By using our Services, you consent to our collection, use, and disclosure of your information as described in this privacy policy.

Information We Collect

Information We Automatically Collect

When you access our Websites, whether by computer, mobile phone or other device, we automatically collect certain information about your use of our Websites (this information may include without limitation: geographical location and IDs of your computer, mobile or other device; bandwidth used; system and connection performance; browser type and version; operating system; referral source; length of visit; page views; IP address or other unique identifier for your computer, mobile phone or other device; your mobile carrier) using technologies such as cookies and web beacons.

This information is not linked to personally identifiable information.

Information You Provide To Us

In some situations you may provide us with your personal identifying information (called “PII”). PII could include your name, street address, telephone number, email address, date and place of birth, biometric information, your photographic image, your gender, height and weight, and any other information we collect about you that by itself is not PII but if combined with PII could be used to personally identify you.

You may provide us with PII when you: 

  • enter a sweepstake or contest;
  • complete a survey;
  • subscribe to our Websites’ services, email notifications and/or newsletters; or
  • register for certain services, or register and/or set up an account/profile to access, visit and/or use certain portions of our Services.

Information Provided By Employers

In some situations your employer may provide us with your PII to help facilitate health and wellness programs sponsored by your employer.

Refer a Friend

If you choose to use our referral service to tell a friend about our Services we will ask you for your friend’s name and email address. We will use the information you provide to automatically send your friend a one-time email inviting him or her to visit our Services.

We store this information for the sole purpose of sending this one-time email, tracking the success of our referral program, and following up with additional information if your friend opts in to receiving information from us.

Your friend may contact us at [email protected] to request that we remove this information from our database.

Treatment of your friend’s information will be subject to the terms of this privacy policy.

Cookies and Other Tracking Technologies

A ‘cookie’ is a small file stored on your hard drive that contains information about your computer. We may use cookies to enable us to track and target your interests for the purpose of enhancing your experience on our Websites. By showing how and when visitors use the Websites, cookies help us deliver advertisements, identify how many unique users visit us, save user preferences and track user trends and patterns. We use “session cookies”, which are cookies that are deleted when you leave our Websites and “persistent cookies”, which are cookies that remain on your computer after you leave our Websites.

The use of cookies is industry standard so your browser may be set to accept them. If you would prefer not to accept cookies, you can alter the configuration of your browser to reject all cookies or some cookies. Note: if you reject certain cookies, you may not be able to access all of our Websites features.

Web Beacons

We may use web beacons (also known as clear GIFs) to access cookies and count users who visit our Websites or open our HTML-formatted email messages. Web beacons are single-pixel graphic files with a unique identifier, similar to cookies. Web beacons are embedded invisibly on web pages and are stored on a user's hard drive. You can modify your browser settings to control web beacons.

How We Use Your Information

3Fitt, Inc. will use Information we Automatically Collect to:

  • improve your experience on our Services;
  • count users who visit our Websites or open our HTML-formatted email messages;
  • improve the delivery of our ads and web pages to you;
  • help us better manage content on our Websites by informing us what content is effective; and
  • measure traffic on our Websites.

We may use IP addresses to help diagnose problems with our server, administer our Services, analyze trends, track users' movements, gather broad demographic information for aggregate use in order for us to improve the Services, and deliver customized content.

3Fitt, Inc. will use PII to:

  • respond to your inquiries, and/or other requests or questions;
  • enable your use of the Services;
  • contact you regarding your purchase;
  • collect payments from you; and
  • facilitate health and wellness programs sponsored by your employer;

and to send you:

  • information and updates related to your purchase;
  • invoices;
  • email notifications that you have specifically requested;
  • email marketing communications relating to our business which we think may be of interest to you; and
  • email messages containing company news, product or service information.

Sharing PII with Third Parties

We may use third parties to perform certain services on our behalf. We may share your PII with these third parties solely to enable them to perform the services for us.

Such third parties include those:

  • hosting our Services;
  • hosting our customer relationship management application;
  • managing the functionality of our Services;
  • assisting with promotions;
  • providing integrated services via our platform; and            
  • enabling us to send you email.

We require that those third-party vendors maintain at least the same level of confidentiality that we maintain for such information.  We do not provide your PII to parties unconnected with the services we provide. Your information will not be sold to nor will it be exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering a product or service.

Security

3Fitt, Inc. has implemented and follows commercially reasonable measures to protect against unauthorized access to and unlawful interception or processing of PII. Unfortunately, data transmission over the Internet is never 100% secure so we cannot guarantee the security of any information you transmit to us or from our Services therefore you use our Services at your own risk.

If you register on our Services you are responsible for protecting the security of your user name and password. You are responsible for any transaction made using your user name and password.

We use industry standard security measures. All sensitive PII you submit via our Services is transmitted via Secure Socket Layer (SSL) encryption. 

Posting In Public Areas Of Our Services

You may choose to participate in groups, challenges and other public areas (together “Public Spaces”) where you can engage in social networking, interact with others, and submit writings, video and/or audio recordings, computer graphics, pictures, questions, comments, testimonials, suggestions or other content, including PII. If there is information that you do not wish to disclose to everyone we suggest you do not post it. 

You can review and modify your privacy settings by clicking on the Privacy Settings tab within the Settings menu of our platform. Depending on your privacy settings, others may be able to view and access your submissions and they may be able to use them and share them with third parties. The protections of this privacy policy will not cover your disclosure of information or content in Public Spaces. Carefully consider anything you intend to post before you post and use caution.

Testimonials

We may select and post customer testimonials on our Services, which may contain PII such as your name and/or the city, state, or country in which you live. We encourage you to create an anonymous, unidentifiable screen name when posting testimonials.

We will obtain your consent prior to posting any testimonial that uses your name.

If you post such content, it will be available to other users of the Services. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate our privacy policy or the law.

If you would like us to remove or delete your name or testimonial from our Services, you may contact us at [email protected]

Note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of our Services for a period of time.

Third Party Websites
Our Services may contain links to third-party content or websites that 3Fitt, Inc. does not control. This includes links from advertisers, sponsors and partners. NOTE: if you click on these links and enter a third-party’s website these third parties may use their own cookies to collect data or solicit PII. You should read the third-party website’s privacy policy to learn how they will collect and use your information as their policies may differ from ours and will apply to your use of their website.

Our Websites makes it easy for you to access social media with features such as a ShareThis button, widgets, and other interactive programs. These features may collect your IP address, track which page you are visiting on our Websites, and set cookies. Treatment of any information shared with third-party websites when you use these features is governed by the privacy policy of the company providing them.

3Fitt, Inc. is not responsible for the treatment of your PII or any of your information by any third party.

Opting Out

You may opt-out of having your PII shared with third parties for reasons other than for the express purpose of delivering the purchased product or service requested and except as required by law. You may also request updates or changes to your information or your preferences regarding receiving future promotional messages from us.

To do this you may contact our Privacy Officer using the information in the Contact Us section of this privacy policy.

Please note that if you opt-out of promotional/marketing emails, you may continue to receive certain communications from us, such as administrative and services announcements and/or messages about your account/profile.

Changing or Updating Your Information

By logging into your account and changing your settings, or by contacting us, you can review and change or update personal information you have provided and your subscriptions or preferences regarding information you receive from us.  We will implement your requested changes as soon as we reasonably can. When you edit your information or change your preferences, information that you remove may remain in our databases or backup media because it is not always possible to completely remove or delete information from those locations.

Disclosure of Information/ Sharing Your Information

We may disclose your PII (a) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders or (b) if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change or (c) to our subsidiaries or affiliates only if necessary for business and operational purposes or (d) to our vendors, if necessary, in order to provide you with service as further described in the section How We Use Your Information.

If you do agree to allow us to share your PII with third parties for other reasons, you may opt in by contacting our Privacy Officer by email at [email protected] You may revoke this permission (opt-out) at any time. See the section ‘Opting Out’ for more information.

We reserve the right to use, transfer, sell, and share aggregated, anonymous data, which does not include any PII, about our Websites users as a group for any legal business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients and customers.

Except as described in this privacy policy, we will not provide your information to third parties.

Children’s Privacy

The Services are not directed at, or intended for use by, children under the age of 13. We do not knowingly allow anyone under 18 to provide any personal information on our Services. Children should always obtain permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact our Privacy Officer using the information in the Contact Us section of this privacy policy and we will delete the information.

 

U.S. - EU Safe Harbor Privacy Statement

3Fitt, Inc. complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. 3Fitt, Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and 3Fitt, Inc.'s certification, please visit http://www.export.gov/safeharbor/.

Safe Harbor Dispute Resolution

If you have any complaints regarding our compliance with the Safe Harbor program, you should contact [email protected] If the complaint cannot be resolved through our internal dispute resolution process, you may submit your compliant to JAMS International Mediation Rules, which are accessible on the JAMS website at www.jamsadr.com.

Changes to this Privacy Policy

We may update this privacy policy from time to time by posting a new version on our Websites. You should visit this page occasionally to ensure you agree with any changes.  We will post our revised privacy policy on our Websites and update the "Effective" date above to reflect the date of the changes. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration.

By continuing to use our Services after we post any such changes, you accept the privacy policy as modified.

Notice to California Residents - Your California Privacy Rights

California’s "Shine the Light" law, Civil Code Section 1798.83, permits residents of California to request information about how a business shares their information with third parties for direct marketing purposes. However, under that law a business is not required to provide this information if it has a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy and we will not share your information with third parties for their direct marketing purposes without your consent. If you would like to opt-out of our sharing of your information with third parties for their direct marketing purposes, or to find out more about your opt-out rights, please contact our Privacy Officer by emailing [email protected] or writing to us at our mailing address as described below.

Questions or Concerns, Contact Us

If you have any questions about this privacy policy or our treatment of your information, please write to our Privacy Officer by email at [email protected]

 

or by postal mail at:

Attn: Privacy Officer

2705 Tapestry Drive

Okemos, MI 48864

 

If you believe that 3Fitt, Inc. has violated this agreement with respect to your PII or if you suspect misuse of the VeraSafe privacy verified seal and wish to make a report to VeraSafe’s program administrator, you may do so here: https://www.verasafe.com/dispute-submission