Copyright © 2017 FitnessBI
 

Privacy Policy

SPRING 2017

PURPOSE OF THIS POLICY

At Fitness BI LLC, we respect your privacy and are committed to maintaining your trust. This Privacy Policy (the “Privacy Policy”) describes our policies on the collection, use, and disclosure of information in connection with your use of our products and services, including our mobile application (the “FitnessBI App”), our online fitness center management software (the “Software”), the FitnessBI website (the “Website”), and any other FitnessBI products and services offered through any other websites and mobile applications that direct you to this Privacy Policy (collectively, the “Services”).

When you access or use the Services, you agree to the terms and conditions of this Privacy Policy.

1. DEFINED TERMS

The following terms will have the meanings indicated below. Please refer to our Software Service Agreement and Terms of Use for any capitalized terms that are not defined in this policy.

“Authorized User” means any individual who interacts with the Services, including users of our mobile applications such as the FitnessBI App, and employees of our Customers, who utilize the Services within the course of their employment.

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as browser and device information, app usage data, information collected through cookies, pixel tags and other technologies, demographic information and other information provided by you, and aggregated information.

“Personal Information” is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs or mobile device identifiers.

“Customer” is any business or entity that subscribes to (or otherwise accesses or uses) our Software and the Services.

2. INFORMATION WE COLLECT & HOW WE USE IT

We may collect information about you, your business, and Authorized Users (collectively, “Data”). Data may include Personal Information.

2.1. Data You Provide to Us

  • If you’re a gym member of one of our Customers, we collect Data about you when you interact with their business through the Services.
  • If you’re a Customer, we collect Data about your business that is submitted to the Services under your account. When you sign up for our Software, we ask for your company name, address, phone number, email, credit card information, tax identification number, and other information about your business, as well as names and email addresses of authorized individuals on your account. We also collect Personal Information about your members and visitors that your provide for the Services. All of this information shall be considered Data.
  • When your members and visitors initiate a transaction, such as an appointment or purchase, we may collect and store Data, which includes name, phone number, address, email, and type of membership, as well as any other information you provide to us. This Data may be shared with third parties for the same purposes. We encrypt credit card numbers using industry standard technology. We may also collect other Personal Information at the request of the members and businesses you are transacting with.
  • We may collect other Personal Information through the Services under the direction of our Customers.

2.2. Data We Collect

  • We may collection information that your computer or mobile device provides to us in connection with your use of the Services, such as type of computer or mobile device, unique device identifier, IP Address, MAC address, device’s operating system and physical location (including geolocation, beacon based location, and GPS location). We may also store usage data such as the date and time the application on your device accesses our servers, and what information and files have been downloaded to the application based on your device number. This is all considered Data.
  • We may deploy and read identifiers (generally, strings of code) that we have associated with a browser, and we may collect mobile identifiers such as Apple IDFAs or Google Android Ad IDs.
  • We may receive Data about you from other sources, such as public databases, strategic and joint marketing partners, social media platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your FitnessBI App account, certain information from your social media account may be shared with us, including Data that’s part of your profile or your friends’ profiles.

3. HOW DATA MAY BE USED

Your Data, including Personal Information may be used for:

  • To respond to your inquiries, fulfill your requests, and internal operation of the Services.
  • To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.
  • To complete and fulfill your purchase, for example, to process your payments, communicate with you regarding your purchase and provide you with related customer service.
  • To send you marketing communications that we believe may be of interest to you, such as to send you newsletters.
  • Our mobile applications may also send push notifications to your mobile device. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device’s calendar application, camera, and microphone. If you have previously allowed access to your device’s calendar and no longer wish to allow access, you may edit the application settings at the device level.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our products and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms of Use or Software Service Agreement; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • As may otherwise be stated in our Terms of Use or Software Service Agreement, as provided to you.

4. HOW DATA MAY BE DISCLOSED

  • To our affiliates for the purposes described in this Privacy Policy.
  • To our strategic partners and third-party service providers who provide services such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
  • 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 are able to post information and materials on the FitnessBI website or other website.
  • For legal purposes described in the section below titled “Legal Disclosure.”
  • To provide, maintain, protect, and improve our services (including advertising services) and develop new services.

If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

5. TRACKING & ADVERTISING

Cookies – The FitnessBI Website may send one or more cookies to your computer or other device. We use cookies to improve the quality of our service, including for storing visitor preferences and tracking visitor trends, such as pages, which may be of interest to you.

Log information – When you access the FitnessBI Website certain information about your visit may be tracked by our logging service. These logs may include information such as your web request, your browser type, language and version, the date and time of your visit and one or more cookies that may uniquely identify your browser.

User communications – When you send an email or contact us through the FitnessBI Website, we may retain those communications in order to address your inquiries, respond to your questions and improve our services. This information may be used for purposes of sales and marketing. We will however always allow visitors to opt out of future correspondences.

Affiliated and Partners – We offer some of our services on or through other web sites. Personal information that you provide may be shared with our partners on a need to know basis. We process such information under this Privacy Policy.

Third Party Applications – We may make available third party applications, such as gadgets or extensions, through those services. The information collected by us when you enable a third party application is processed under this Privacy Policy. Information collected by any third party is subject to their privacy policies.

Other sites – This Privacy Policy applies to the Services only. We do not exercise control over links from within our site. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

6. LEGAL DISCLOSURE

We reserve the right to disclose Data and Personal Information 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.
  • If FitnessBI is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice within the software and/or on our Website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

7. STEPS WE TAKE TO PROTECT YOUR PRIVACY

To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we put in place commercially reasonable physical, technical and administrative controls to protect your information. Please note that no method of transmission over the Internet is 100% secure.

Remember, when visiting a third-party site from the FitnessBI Website, we do not control the privacy policies of other parties, so please check before browsing on those sites to ensure you agree with their terms.

7.1. Children under the age of 13

We do not knowingly collect personal information from children under 13. If we learn that we have collected any personal information from a child under the age of 13 without verifiable parental consent, we will delete that information from our database as quickly as possible. If you believe that we may have collected information from a child under 13, please contact us at the information below.

8. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be amended from time to time. When the Privacy Policy is updated, the date of the last update will appear at the top of the Privacy Policy. If we make material changes, you will be notified here for a period of 30-60 days based on our last update.