FitLinxx Privacy Policy

This Privacy Policy sets forth FitLinxx’s (“FitLinxx”, “we”, “us” and/or “our”) privacy policy with respect to your (“you” and/or “your”) personal data (“Personal Data”) and other information collected while using FitLinxx devices, services, web sites, applications and other FitLinxx offerings (The “FitLinxx Products” or “Products”).

Information We Collect

When you use our Products, we may collect Personal Data and other information from you. We collect Personal Data from you when you voluntarily choose to provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the FitLinxx Products or use certain FitLinxx Products. The types of Personal Data we may collect are name, postal address, email address, telephone, credit card number, age, height, weight, blood pressure and other health, physiologic and activity data.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of FitLinxx and the authorized third parties referred to herein.

Non-Identifiable Data: When you use FitLinxx Products and interact with FitLinxx, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot be used to specifically identify you. FitLinxx may store such information itself or it may be included in databases owned and maintained by FitLinxx 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 our web site, the number of visitors to each page of our web site, and the domain names of our visitors' Internet service providers.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the FitLinxx Products, FitLinxx often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and FitLinxx may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. FitLinxx may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

Cookies: In operating our Products, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our website gives to your browser when you access our website. Our cookies help provide additional functionality to our website and help us analyze usage of the site more accurately. For instance, our website may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to the website. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off.

Our Use of Your Personal Data and Other Information

FitLinxx and its subsidiaries and affiliates (the “Related Companies”) use the Personal Data and other information you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the FitLinxx Products, such as to enable your health plan or employer to observe your activity levels, blood pressure or weight, we will use your Personal Data to provide access to such services, enable the transmission of the intended data, and monitor your use of such services.

FitLinxx and its Related Companies may also use your Personal Data and other personally non-identifiable information to help us improve the content and functionality of our Products, to better understand our users and to improve our support of you. FitLinxx and its Related Companies may use this information to contact you in the future to tell you about Products we believe will be of interest to you.

Our Disclosure of Your Personal Data and Other Information

FitLinxx is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets, provided it remains subject to this Privacy Policy (or a substitute policy that you accept or fail to opt-out of).

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy; in such cases, our Related Companies will be required to comply with this Privacy Policy.

Agents, Consultants and Related Third Parties: FitLinxx, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include maintaining databases and processing payments. When we employ another to perform a function of this nature, we only provide them with the information that they need to perform their specific function and obligate them to respect our privacy commitments to you.

Account Sponsors: In many cases our users are introduced to us through third parties who are responsible for their participation in and use of the FitLinxx Products and who monitor their use. If your account with us has been created by or through the involvement of such a third party, such as your employer, health plan or fitness center, you should have been informed whether they have full or partial access to and/or monitor your Personal Data. If you are unsure of whether they can access your Personal Data, how they use this data or whom they share it with, or you want to disable or control their access, you must contact them directly.

Legal Requirements: FitLinxx may disclose your Personal Data 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 the rights or property of FitLinxx, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Your Choices: You can use the FitLinxx Products without providing any Personal Data; however, you may not be able to use all the FitLinxx Products or all available Product functionality if you do so.

Exclusions: This Privacy Policy does not apply to any personal data or information received by FitLinxx other than Personal Data deliberately collected through FitLinxx Products. For example, this Privacy Policy shall not apply to any unsolicited information you provide to FitLinxx or through any other means. This includes, but is not limited to, information posted to any public areas, such as bulletin boards (collectively, “Public Areas”), ideas for new products or modifications to existing Products, and other unsolicited submissions (collectively, “Unsolicited Information”). All such Unsolicited Information shall be deemed to be non-confidential and FitLinxx shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Children

FitLinxx does not knowingly collect Personal Data from children under the age of 13 without approval of a parent or legal guardian. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data to FitLinxx without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to FitLinxx without the consent of a parent or legal guardian, please contact us, and we will endeavor to delete that information from our databases.

Third Party Users and Links

This Privacy Policy applies only to the FitLinxx Products and only to use of your Personal Data and other information by FitLinxx and its Related Companies and providers as set forth herein. FitLinxx Products may frame or contain references or links to other websites not operated or controlled by FitLinxx, and your account may be set up to allow access by parties not controlled or related to FitLinxx (see “Account Sponsors” above), such as your employer, fitness center or health care provider (each of such uncontrolled persons, a “Third Party”). The policies and procedures we described here do not apply to the websites, services, policies or practices of Third Parties and the links from our Products do not imply FitLinxx’s review or endorsement of any Third Party site, services, policies or practices. We suggest contacting those Third Party Sites directly for information on their privacy policies.

Security

FitLinxx takes reasonable steps to protect your Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us. Please keep this in mind when disclosing any Personal Data to FitLinxx via email and/or the Internet.

Other Terms and Conditions

Your access to and use of FitLinxx Products is subject to the Terms of Use.

Changes to FitLinxx’s Privacy Policy

Our Products and business may change from time to time. As a result, at times it may be necessary for FitLinxx to make changes to this Privacy Policy. FitLinxx reserves the right to update or modify this Privacy Policy at any time and from time to time by providing you with notice, including by email to your last known email address, posting the changed policy on our website, or other means. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the FitLinxx Products after notice of any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting FitLinxx

To keep your Personal Data accurate, current, and complete, please contact us at: helpdesk@FitLinxx.com. We will take reasonable steps to update or correct Personal Data in our possession. Please also feel free to contact us if you have any questions about FitLinxx’s Privacy Policy.

Last Updated: June 13, 2012