FitTrace, Inc.
Last Modified on February 23, 2015

Our Privacy Commitment

FitTrace, Inc. (“Company,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Company website and mobile application where this Privacy Policy is posted (individually and collectively, the “Site”) (we refer to the Site and the services made available through the Site, collectively, as the “Company Features”).  As such, we have established and implemented this Privacy Policy to inform users of the Company Features how we use and protect the information we collect through the Site and the Company Features.  By accessing the Site or using any of the Company Features, you consent to Company’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy.  This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and not to any other website or mobile application that you may be able to access from the Site which may have its own data collection and use practices and policies.

This policy answers the following questions:

  • What information do we collect about you and how do we use it?
  • Will we share your personal information with third parties?
  • What choices do you have about the collection and use of your personal information?
  • What security measures do we take to safeguard your personal information?

What information do we collect about you and how do we use it?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. We collect personal information when you create an account through the Company Features; transmit your body composition scans from a participating DXA provider and other information given to the DXA (such as your age, ethnicity, gender, birthdate, body feat, lean and bone information); participate in registration forms; or receive customer or technical support.

To create an account for the Company Features, we require you to provide certain information to create your profile, including your name, password, email address and screen name. We may also collect financial qualification and billing information, such as billing name and address and credit/debit card information. For example, the Company may collect personal information submitted through online registration forms or through communications with the Company.

We also offer features of the Site that allow you to link your account to Facebook and Twitter.  If you sign up for one of these services, we may also collect personally identifiable information from these Internet sources and database services.

Through the Company Features, you may be able to link to technology, software and services owned and controlled by third parties (the “Third Party Features”). You may be permitted or required to submit personal information to access Third Party Features. Such use of Third Party Features and submission of information through Third Party Features will be subject to such applicable third party’s terms of use, terms of service and/or privacy policy. You agree to look solely to the applicable third party and not to the Company to enforce your rights in relation thereto.

By submitting personal information through the Site, you authorize the Company to share this personal information for the purposes identified herein and on the Site, such as responding to user inquiries and processing transactions.

How We Use Your Personal Information

The personal information you provide to us will allow us to alert you of new products or services, features, or enhancements; handle your customer service questions or issues; provide for order processing; request feedback; distribute newsletters; and notify you of promotions, contests, surveys updates, or special offers that we think may interest you. We may also use your email address as part of the Company Features in sending you messages about the Company Features and other general announcements. Aditionally, personal information you share with other users will be viewable by other users of the Site.

We keep track of your interactions with us, including but not limited to your activity within the Company Features. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with the Company, entities acting on behalf of the Company and relevant third parties such as those needed to complete a transaction, collect and maintain our information collection servers, and perform technology and related services.  We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Company Features. We may also use your personal information to contact you when necessary.

Cookies

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. We may employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient. While the Company may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to the Company through the Site or otherwise. The Company expressly disclaims any and all liability related to the collection, use or disclosure of information by third parties. You should review the privacy policies of any third party sites that you visit to understand how these third parties use cookies and the information they collect through cookies. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it. However, you will not be able to use our website if you disable cookies.

Do Not Track

In compliance with California legislation, AB370, effective January 1, 2014, the Company’s practices in responding to “do not track signals and collecting user information over time and across a network of websites when you visit the Site are described below. We honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, the Company does not collect user information about your online activities over time and across different websites, or authorize third parties to do so.

Google Analytics

The Site uses Google Analytics to help us learn about who visits the Site and what pages are being viewed.

Log Information

Our servers automatically record information that your browser sends whenever you visit the Site.  This information may include your Internet Protocol address, your browser type and version, the search engine you used to find the Company Features, if any, which Company Features you use, and when and how long you use them (the “Tracking Technology”).  We use this information to monitor and analyze how users use the Company Features, to provide customer service and to maintain and improve the Company Features.

Children’s Privacy

We do not knowingly collect personal information from children under 13. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.

Will we share your personal information with third parties?

Sharing of Information

We use your personal information to respond to your requests and send communications to you about promotions, updates, or special offers (which may be offered by the Company or one of its business partners) that may be of interest to you.  We may share your personal information with carefully selected vendors and business partners, including companies that perform marketing services and other business operations for us, under strict terms described below. In addition, we will share the personal information we collect from you under the following circumstances:

  • Protection of rights.  We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Company Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Company Features, or (iv) such action is appropriate to protect the rights, property or safety of the Company, its employees, users of the Company Features or others.
  • Asset transfers.  If we become involved in a merger, acquisition or other transaction involving the sale of some or all of the Company’s assets, user information, including personal information collected from you through your use of the Company Features, could be included in the transferred assets.  Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.
  • Service Providers.  We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf.  For example, we may partner with other companies to process payments for the Company Features. While providing services for us, these companies may access your personal information.  To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

What choices do you have about the collection and use of your personal information?

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Company Features by updating your profile information, emailing support@fittrace.com or by calling us at 323-484-3484.

Opting Out of Receiving Communications from Us

In the event that we send communications to you via email and you no longer want to receive our emails or other announcements, you may opt-out by emailing us at support@fittrace.com or by calling us at 323-484-3484.  Please note that you cannot unsubscribe from certain correspondence from us that is necessary to administer your account, including messages relating to your account transactions.

Mediation

If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties.  If you reside in the United States, you agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute.  Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.

What security measures do we take to safeguard your personal information?

The personal information that you provide to us is stored on servers, which are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information.  In addition, we restrict access to personal information to Company employees and agents who need to know this information in order to develop, operate and maintain the Company Features. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Company Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk.  Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on the Site.

Questions?  Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at support@fittrace.com.

Terms of Use

Please read the Terms of Use governing the use of the Site and the Company Features.