3Fitt, Inc.

Privacy Policy

 

Effective Date:  October 24, 2017

This Privacy Policy applies to this website and the websites, online portal, and mobile applications of 3Fitt, Inc. and its affiliates (collectively “we”, “us” or “our”) that display this Policy (each a “Site” and collectively, the “Sites”).   3Fitt, Inc. works with employers ("Employers") and other organizations ("Organizations") to provide health and wellness services (“Services”).  This Policy applies to participants of our Services and visitors to our Sites. By using the Sites or Services, you consent to our collection, use, and disclosure of your information as described in this privacy policy.

Information Collection and Use

Automatically Collected Information. We may collect information automatically when you visit our Sites or use our Services, such as the 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; if you navigated from or navigate to another website, the address of that website; and information regarding your internet service provider.

We may also collect information about your activities on our Sites through the use of cookies, clear GIFs or web beacons, local shared objects or Flash cookies, or through other identifiers or technologies, including similar technologies as they may evolve over time.

This information is not linked to Personally Identifiable Information ("PII").

Information You Give Us. We may collect and retain any information you provide to use.  When using the Sites or Services, you may provide us with Personally Identifiable Information ("PII"), including but not limited to: name, date of birth, mailing address, telephone numbers, email address, biometric information, your photographic image, height and weight, gender, and any other information 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:

  • register for Services and/or enter information about yourself in connection with the Services, including but not limited to setting up an account/profile;
  • enter a sweepstakes or contest;
  • complete a survey;
  • subscribe to our Services, email notifications and/or newsletters;
  • provide feedback, request support, or ask for additional information;
  • schedule an onsite screening, coaching appointment, or other service; and
  • use the messaging features of the Site or Services.

Information Provided to Us By an Employer or Organization. Your Employer or an Organization sponsoring your use of the Services may provide us with PII to help facilitate the health and wellness Services.

Information Provided to Us by Your Healthcare Provider or Third Party Lab. We may receive your biometric data, health-related measurements, and blood test data from a healthcare provider or lab.

Protected Health Information. Some of the information we collect is defined as “Protected Health Information” and protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH) or their implementing regulations (collectively, the HIPAA Rules). Protected Health Information includes individually identifiable information, such as your name, that is combined with medical or health insurance-related information that is collected or maintained by a Sponsor or medical provider.

How We Use Your Information

We and others acting on our behalf may use the information we automatically collect or receive to improve the delivery of our Sites and Services to you, improve your experience with our Sites and Services, administer our Sites and Services, measure traffic on our Sites and Services, troubleshoot technology issues, and count users who visit our Sites.

We and others acting on our behalf may use PII to determine your eligibility to participate in our Services, provide you with our Services, facilitate the health and wellness program provided by your Employer or Organization, provide support to you and/or address technical problems, and manage or support your account.

We may contact you through e-mail, text messages, telephone, or postal mail, as permitted by law to send you information and updates related to the Services, notices requested by you or generated as a result of your use of the Sites or Services, company news or Services information, and marketing communications relating to our business which we think may be of interest to you.

Disclosure of Your Information to 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.  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.

We only share information about you as described or permitted by this Privacy Policy, unless you consent to other sharing. We may share information about you in the following ways:

Agents, Contractors, and Other Service Providers: In order to provide you with the Sites and Services, we may disclose your information to our agents, contractors, or other service providers who perform services on our behalf, such as incentive fulfillment, web hosting, e-mail providers, data storage, providing integrated services via our platform, sending postal mail and e-mail, removing repetitive information from participant lists, analyzing data and providing marketing assistance.

Healthcare Providers. We may share information with your healthcare providers and any clinics or healthcare organizations with whom they are associated.

Sponsors. Under U.S. laws, we may share Protected Health Information and biometric information with Sponsors for plan administration purposes and the coordination of your care.

Other Participants. Your information can be shared with other participants depending on the privacy settings you set up in your profile, which you can change at any time.  Your information may also be shared  based on challenges or contests between you and other participants. If you participate in these challenges, limited information about you may be visible to other participants.

Coaches. Your information can be shared with coaches based on your privacy settings within your profile, which you can change at any time.  You may also share documents with your coach(es) through the online portal by uploading them.

Your Employer or Organization. We will not share your Protected Health Information with your employer for employment-related purposes. We may share information needed to administer the Sites and Services and health and wellness program offered by your Employer or Organization. For example, we may share the number of points you have earned by participating in a program or challenge.

Corporate Affiliates. We may share information with our corporate affiliates for their everyday business purposes to provide services. We may also participate in joint ventures with others and we may share information as permitted by this Policy as part of that joint venture.

Third-Party Wellness Providers. We may share your information with our third party providers who provide services such as disease management, health management, behavioral coaching, financial wellness/education, or similar services ("Third Party Wellness Providers") and who may contact you to offer their services in support of your health and well-being management goals.

Business Transfer. We may share information we have collected from you in connection with the sale or merger of our business or the transfer of assets.

Protection of Ourselves and Others. We may use and share the information we gather to enforce our rights and protect our property and those of our affiliates, customers and members of the public, to comply with applicable law, legal process, legal advice and for preventing fraud, theft, and injury to you, us or others.

Aggregated Information.  We may provide to others, including but not limited to your Employer, Organization, or other third parties, information about you and other users from which we have removed all identifiers and that can no longer be used to identify you ("Aggregate Information"). We reserve the right to use, transfer, sell, and share aggregated, anonymous data, which does not include any PII, about our Site and Services users as a group for any legal business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients and customers.

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 Sites and Services; therefore you use our Sites and Services at your own risk.

In the event we become aware of a data security breach, we will provide you with notice as required by applicable federal, provincial and state laws. To the extent permitted by applicable law, we will provide any such notice to you at the email address you provide with your registration, as updated from time to time. By using the Site or Services, you agree to accept such notice electronically.

If you register on our Sites or 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 Sites and Services is transmitted via Secure Socket Layer (SSL) encryption or other cryptographically secure encryption protocols and is stored in physically secured environments.

Accessing and Changing/Updating Your Information

If you have registered for an account at our Site or Service, you may access, update and change certain information we have collected about you by logging into your account and updating your information. 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.  You may also call us to make changes to your information. Since we collect information about you from a variety of sources, we may ask you to contact the source of the information to correct that information. For example, you may need to contact your healthcare provider to correct a laboratory test result that you feel is inaccurate.

Posting In Public Areas and Changing Privacy Settings

You may voluntarily submit information, for example your address, interests or photo, in order to enhance your profile on the Site or Services. You may also choose to participate in groups, challenges, blogs, and other public areas (together “Public Spaces”) for social networking, wherein you have the option of posting comments, videos, graphics, and other content.  Submission of this information is strictly voluntary. Do not post information in public areas if you do not want the information to be shared with others.

You can review and modify your privacy settings by clicking on the Privacy Settings tab within the Settings menu of our online platform. Depending on your privacy settings, others may be able to view and access your information and 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 or the information that you choose to share with others through your privacy settings. Carefully consider anything you intend to post before you post and use caution.

Links

Our Sites and Services contains links to third-party content or sites that we do not control.  The provision of such links is for your convenience and does not signify our endorsement of such sites or their content.  We are not responsible for the privacy practices or content of these other websites. 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. This Privacy Policy applies solely to information collected by our Sites and Services. 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 information 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.

Personal Information of Children Under 13

This Site is not directed to children, and we do not knowingly collect any PII from children under 13 years of age through this Site or our Services. If you think we have collected PII from a child under 13 years of age for whom you are the parent or guardian, please contact us at the address provided below.

Changes to this Privacy Policy

When we make changes to this Policy, we will update this Site or Services and change the Effective Date listed above. By continuing to use our Sites or 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.

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