Last updated March 2, 2016; effective April 1, 2016 ( Previous policy )
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
The Services include various location-based features, such as mapping outdoor fitness activities. To provide these location-based features, FitnessKeeper and our partners and licensees may collect, use and share precise location data, including the real-time geographic location of your mobile device. For some third-party partners, such as Google, this information will be shared automatically. For others, such as HealthGraph API and Facebook, this information will only be shared with your explicit permission or if you choose to share it.
When you utilize the Services, we may receive certain additional information about you or your use of the Services that we do not use to identify you personally. Such information may be collected passively using various technologies, or via submission of data by fitness devices you have configured to work with the Services. We may store such information ourselves, or it may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Services, the number of visitors to each page of the Services, and the domain names of our visitors' Internet service providers.
Log data: When you use the Services, we automatically receive and record certain information from your computer, mobile phone, tablet, or other device. This may include data such as your IP address, the pages you visit or features you use within the Services, the date and time of your activities on the Services, the URLs from the websites you visit before and after navigating to the Services, your software and hardware attributes (including operating system type and version, App version, device type, and device identifiers, including IDFA and/or Advertising IDs), your browser type and version, and your general geographic location derived through your IP address (e.g., your city, state, or metropolitan region). To obtain such information, we may use web logs or applications that recognize your device and gather information about its online activity.
Web beacons: The Services or the emails that you receive from us may use an application known as a “web beacon” (also known as a “clear gif” or “pixel tag”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include Personal Information. For example, it allows an email sender to determine whether a user has opened a particular email. In addition to web beacons used by FitnessKeeper, we occasionally permit third parties to set web beacons, too (see below).
Collaboration with third-party data collectors: We also may partner with certain third parties to collect, analyze, and use some of the information described in this section. For example, we may allow third parties to set cookies or use web beacons or other tracking mechanisms (such as tags or scripts) on the Services or in email communications from us, or we may allow third parties to use an application software development kit (SDK) or a server-to-server connection to collect information. An SDK is a section of code that we embed in our mobile app to allow third parties to collect information about how users interact with the app, and a server-to-server connection enables us to exchange data with third parties when an SDK integration is not feasible or practical. The information collected by third parties using these technologies may be used for a variety of purposes, including analytics and targeted interest-based advertising, as discussed below (see the section entitled “Our Disclosure of Your Personal Data and Other Information”).
De-Identified Personal Data: In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our end users’ demographics, interests and behavior based on the Personal Data and other information provided to us. This research does not identify you personally. We may share this de-identified data with our affiliates, agents and business partners. We may also disclose aggregated user statistics (which also do not identify you) in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
We will communicate with you through email and notices posted via the Services. These communications may include a series of welcome emails which help inform you about various features of the Services. Please be aware that you will always receive certain emails from us related to the proper functioning of your account. We also may send you promotional emails if you have opted in to receiving them or if you have not opted out of receiving them. If you wish to opt-out of receiving promotional emails at any time, please click the "unsubscribe" link at the bottom of the email. Even if you do so, you will continue to receive non-promotional emails with information relevant to the operation of the Services.
There are certain circumstances in which we may share your Personal Data and other information with certain third parties without further notice to you, including as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business or assets, Personal Data or other information may be part of the transferred assets.
Service Providers, Agents and Related Third Parties: We sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Data or other information. However, we only provide them with the information that they need to perform their specific function, and these third party service providers will only use your Personal Data to perform the services requested by us.
Legal Requirements: We may also disclose your Personal Data or other information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
Analytics: We partner with certain third parties to collect the other information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies or use similar tracking technologies on your computer or other device. In particular, our Services use AppsFlyer and Localytics to help collect and analyze certain information for the purposes discussed above. Information about these services and how you may opt out of certain activities is available here for AppsFlyer and here for Localytics.
Online Interest-Based Advertising: The Services also enable third-party tracking mechanisms to collect your other information for use in online interest-based advertising. For example, third parties may use the fact that you visited our website or used our mobile app to target online ads for FitnessKeeper services to you on non-FitnessKeeper websites. In addition, our third-party advertising networks might use information about your use of our website or app to help target non-FitnessKeeper advertisements based on your online activity in general. For information about interest-based advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.
You can use the Services without providing any Personal Data, however, you may not be able to use certain features of the Services.
When You sign up for our Services, we ask you to provide Personal Data. If we want to use this Personal Data in a manner different than the purpose for which it was collected, we will ask for your consent prior to doing so. If we propose to use Personal Data for any purposes other than those described in this Policy and/or in the specific notice provided when you sign up for a certain component of our Services, we will offer you an effective way to opt out of our use of your Personal Data for those other purposes. For example, please see the discussion above in the section entitled “Our Use of Your Personal Data and Other Information,” which discusses how you may opt out of receiving promotional emails.
As discussed in the preceding section (“Our Disclosure of Your Personal Data and Other Information”), you also may opt out of the use of your non-personal information for targeted interest-based advertising and certain types of analytics. To do so, follow the instructions provided above.
We take reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These steps include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store Personal Data. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to us via the Internet.
We restrict access to Personal Data to our employees, contractors and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline if they fail to meet those obligations.
We process Personal Data only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the Personal Data needed to provide or improve our Services. We take reasonable steps to ensure that the Personal Data we process is accurate, complete, and current, but we depend on our users to update or correct their Personal Data whenever necessary.
We regularly review our compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or our treatment of Personal Data by contacting us through this web site. When we receive formal written complaints, it is our policy to contact the complainant regarding his or her concerns.
We strive to keep your Personal Data accurately recorded. Through the Services, we provide you with access to update your profile and revise Personal Data previously submitted to the Services.
If you have any additional questions or concerns about this Policy or our information practices, please feel free to contact us at any time at email@example.com.