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  1. "FitTracker" has developed this Privacy Policy to help you understand how FitTracker collects, uses and discloses information. FitTracker may collect custom workout photos, personal data from you and/or your device (computer, phone or other mobile device). By using the FitTracker Services, you agree to how FitTracker collects, uses and discloses information that is collected from you. If you are under 18 years old, you acknowledge that your legal guardian has consented to this Privacy Policy. This Privacy Policy is an integral part of the Terms of Use. If you, or your legal guardian do not accept or understand this Privacy Policy, please do not use the FitTracker Services.
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  3. 1. Definitions
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  5. The following defined terms shall have the meanings set forth below:
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  7. "Financial Information" means information relating to payments and billing (e.g., name, account information, billing address) provided by you. All Financial Information is used for billing and payment purposes only and will be protected and administered by FitTracker.
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  9. "Personal Information" means specific identifiable information about an individual or entity which may be used to identify, contact or locate that person or entity (e.g., name, mailing address, Device ID (defined below), email address or phone number) and personal custom workout photos.
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  11. 2. What Information Is Collected?
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  13. Information You Provide. FitTracker may receive and store any Personal Information that you provide when you interact with FitTracker. FitTracker may use information you provide to communicate with you and to improve the FitTracker Services. Here are some examples:
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  15. - Email Communications. FitTracker may use your Personal Information to send you newsletters and emails related to promotions and/or events. You can opt out of receiving promotional emails by following the instructions in the relevant correspondence. Once FitTracker has processed your opt-out request, FitTracker will not send you further promotional emails unless you later opt back in. Whether you opt out of receiving promotional emails or not, FitTracker reserves the right to email you with respect to important information, notices or changes relating to the FitTracker Services.
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  17. - Contact Us. If you choose to use the "Contact Us" form you will be asked to provide Personal Information, request type of inquiry, and describe the purpose for which you are contacting FitTracker.
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  19. - Geo-Location Data. FitTracker does not ask you for, access, or track any location based information at any time while downloading or using FitTracker's mobile applications or services.
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  21. - Push Notifications. On occasion, FitTracker will send you push notifications when using FitTracker's mobile applications regarding alerts to new high scores, as well as other account information that may be important to you. If you no longer wish to receive these types of communications, you may opt-out from receiving them by turning them off at the device level through the settings of the device or by contacting FitTracker at support@FitTracker.com.
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  23. - Other Information. You may provide other Personal and Non-Personal information whenever you interact with the FitTracker Services, including, without limitation, when you search the FitTracker Services, participate in a contest, survey or questionnaire, place an order, or communicate with FitTracker by phone or email. With any of the above actions, you may supply FitTracker with information such as your name, address, phone number, alternate contact information, information about your use of the FitTracker Services, personal descriptions and product descriptions.
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  25. Information Collected Automatically or Through Technology
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  27. FitTracker may receive and store certain Personal Information and Non-Personal Information whenever you interact with FitTracker. While you are able to visit the FitTracker Services and remain anonymous, FitTracker and/or FitTracker's third-party service providers may still collect Non-Personal Information through technological means. Such information may be gathered by the following methods:
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  29. - Device Information. When you download and use the FitTracker Services, FitTracker automatically collects information on the type of device you use, operating system, application version, and the persistent device identifier ("Device ID"). You consent to FitTracker collecting this information.
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  31. - Metadata. Metadata is data collected and used to facilitate the FitTracker Services, monitor system usage, prevent fraud, and for other services. Some examples of metadata that FitTracker may collect and analyze include, without limitation, the Internet protocol (IP) address used to connect your computer to the Internet, computer and connection information (such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform), the full Uniform Resource Locator (URL) click sequence to, through, and from the FitTracker Services, including date and time, cookie number and any products, services or features you use or interact with arising out of or in connection with your use of the FitTracker Services.
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  33. - Log files. As true of most websites, FitTracker gathers certain information automatically and stores it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
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  35. - Tools. FitTracker may use software tools to measure and collect information about your use of the FitTracker Services, including, without limitation, page response times, upload and file transfer errors, interaction information (such as scrolling, clicks, and mouse- overs), features use, purchase tracking and order fulfilment and methods. Sometimes, you will have a choice whether or not to provide information, but if you fail to provide certain information it could impact some features and/or functionalities of the FitTracker Services.
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  37. - Mobile Analytics. FitTracker uses mobile analytics software to better understand the functionality of its Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. FitTracker does not link the information stored within the analytics software to any personal information you submit within the application.
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  39. - Local Storage Objects. FitTracker uses Local Storage Objects (LSOs) such as HTML 5 or Flash to store content information and preferences.
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  41. 3. How Information Is Used, Shared and Disclosed
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  43. FitTracker does not sell, and generally does not disclose, your Personal Information to third-parties without your consent. Parents have the right to consent to collection and use of personal information from their child without also consenting to its disclosure to third-parties, as FitTracker does not share information that may be collected from your child. FitTracker uses Personal, Non-Personal and Financial Information, among other things, to monitor system performance, improve the FitTracker Services, fulfil requests for additional products and services, contact you about promotional and marketing activities, provide customer support, and conduct research. The use and protection of information is an important component of FitTracker's business.
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  45. Examples of how FitTracker shares and discloses your information is as follows: - Legal. FitTracker may also disclose your information to defend against legal claims when FitTracker believes that disclosure is necessary to protect FitTracker's rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. FitTracker may share Personal Information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, violations of FitTracker's Terms of Use, or as otherwise required by law.
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  47. 4. Security
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  49. The security of your Personal Information is important to FitTracker. FitTracker follows generally accepted industry standards to protect the Personal Information submitted to FitTracker, both during transmission and once it is received. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, FitTracker cannot guarantee its absolute security. While no security system is completely secure. For FitTracker, this includes, but is not limited to, ensuring that all Personal Information is disclosed only on a "need to know" basis and ensuring that all Personal Information collected by FitTracker is done so via secured connections and protected and encrypted (using secure socket layer technology, "SSL") by industrial grade security software to guard against unauthorized access.
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  51. 5. Advertising
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  53. FitTracker may use ads and ad-relating features in the FitTracker Services. Such ads and ad-relating features may contain cookies that recognize your device each time you receive an online ad. This allows ad servers to compile information about your viewing and interaction with their ad and deliver targeted ads that they believe will be of most interest to you. This Privacy Policy does not cover the use of cookies by any advertisers, and FitTracker encourages you to review the applicable advertiser's website for their privacy policy. If FitTracker uses pop-up ad windows irrelevant to the function, you will be able to close the pop-up window. FitTracker has third-party ads in free versions of its mobile applications and collects your Device ID and may pass it to advertisers to enable certain advertising. FitTracker does not store or otherwise save your Device ID.
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  55. 6. Social Media Features and Tools
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  57. The FitTracker Services may include integrated social media features and tools, such as the Facebook "Like" button, and interactive mini-programs that run in the FitTracker Services. These Features may collect information on your IP address, which page you are visiting on FitTracker's site, and may set a cookie to enable the Feature to function properly. Social media features and tools are either hosted by a third-party or hosted directly on the FitTracker Services. Your interactions with these integrated social media features and tools are governed by the privacy policy of the company providing it.
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  59. 7. Links to Other Sites
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  61. The FitTracker Services contain links to other sites that are not owned or controlled by FitTracker. Please be aware that FitTracker is not responsible for the privacy practices of such other sites. FitTracker encourages you to be aware when you leave FitTracker's site and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies only to information collected by the FitTracker Services.
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  63. 8. Access/Data Retention
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  65. If you or your child's information changes, or if you no longer desire the FitTracker Services, you may make corrections and updates, delete inaccuracies, or request deletion or further contact with you or your child, by updating your account information or by contacting FitTracker at support@FitTracker.com. FitTracker will respond to your access request within 15 days. FitTracker will retain you and your child's information for as long as you or your child's account is active, or as needed to provide services. If you wish to cancel your child's account or request that FitTracker no longer use the information to provide services, contact FitTracker at the email address listed above. FitTracker will retain and use the information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
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  67. 9. Conditions of Use/Changes to This Privacy Policy
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  69. FitTracker may update this Privacy Policy to reflect changes to information practices. If FitTracker makes any material changes, FitTracker will notify you by email (sent to the email address specified in your account) or by means of a notice on FitTracker's website, www.FitTracker.com prior to the change becoming effective. FitTracker encourages you to periodically review this page for the latest information on its privacy practices.
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  71. 10. Contact Us
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  73. If you have questions or comments regarding how FitTracker protects your information or this Privacy Policy, please contact us at: ______
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