Last Updated: April 9, 2019
As further described herein, your personal information may be collected, processed and stored by FitSwop or its services providers in the United States and other countries where such servers reside. You hereby agree with and consent to the transfer of your personal information to the United States and other countries where we and our service providers operate.
You may have a legal right to withdraw your consent to FitSwop’s collection and processing of your information, or to the transfer of your personal information across borders. To request to withdraw your consent, please contact us as set forth below.
1. Collection of Information
A. Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you communicate with us. If you register for an account with the Services, or contact us via the Services, we require that you provide certain personal information that could reasonably be used to contact you or to identify you personally which may include, but not be limited to, your name, email address, postal address, phone number, business name, business address, and any other information you choose to provide. If you choose to use certain services offered via the Services, you may choose to provide certain information necessary to provide such services that FitSwop will store.
If you choose to make a payment on the Services, FitSwop may ask you to provide your name, mailing address, telephone number and email address, as well as certain financial information (e.g., credit card number) for the purposes of payment and processing of any order. Such information would be sent through a trusted third party vendor for processing. FitSwop may collect the billing name, billing address, card type, last four card digits, expiration date, approval codes, reason code and date for denial for verification and to enhance the customer experience.
You may choose to receive certain communications from FitSwop via your email address upon interaction with the Services. From time to time FitSwop may include surveys, information requests, or other features on the Services which ask you to provide personal information such as your name, telephone number, email address or mailing address. Any information you may provide will be used by FitSwop to allow you to participate in the particular feature being offered. FitSwop may also retain any information you provide in order to send you information about FitSwop products and services that may be of interest to you. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission.
We may combine the personal information you submit directly through this Services with other personal information we have collected from you, whether on- or offline. We may also combine it with information we receive about you from other sources, such as other companies, publicly available information sources, and other third parties.
B. Information We Collect Automatically When You Use the Services.
When you access or use our Services, we automatically collect information about you, including:
(i) Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
(ii) Device Information: We collect information about the Device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
(iii) Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and determine whether an email has been opened and acted upon.
(iv) Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes. The only way to completely opt out of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or Device to delete and disable cookies and other tracking/recording tools. Please note, depending on your type of Device or browser, it may not be possible to delete or disable all tracking mechanisms on your Device.
C. Information We Collect From Other Sources.
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to, our affiliates, identity verification services, and credit bureaus.
2. Use of Information
A. We may use information about you for various purposes, including to:
(i) Provide, maintain and improve our Services;
(ii) Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
(iii) Communicate with you about products and services;
(iv) Respond to your inquiries;
(v) Send you important information regarding our relationship with you or regarding this Services, changes to our terms, conditions, and policies and/or other administrative information;
(vi) Further our business purposes, such as marketing new products and services, data analysis, audits, developing new products or services, operating or enhancing our Services, improving our products and services, identifying Services usage trends, providing products and services, maintaining customer relationships, improving the quality, safety, and security of our products and services, administering your account(s), troubleshooting, supporting electronic signature, customizing and improving communication content, evaluating product performance, providing customer support and product support, and determining the effectiveness of our Services; and
(vii) Carry out any other purpose for which the information was collected.
3. Sharing Of Information
(i) With vendors, consultants and other service providers who need access to such information to carry out work on our behalf; including but not limited to service providers who provide services such as website hosting and moderating, mobile application hosting, data analysis, infrastructure provision, IT services, e-mail services, marketing services, auditing services, and other services, in order to enable them to provide services;
(ii) With other users of the Services as you may request, solely as necessary to provide such Services;
(iii) With our affiliated entities for the purpose of direct marketing of related services and sending of invitations to sessions that we reasonably believe may be of interest to you;
(iv) In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
(v) With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
In addition, we use and disclose personal information collected through this Services as we believe to be necessary or appropriate: (a) as permitted by applicable law, including laws outside your country of residence; (b) to comply with any 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 Service; (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.
We also use and disclose information that is not in personally identifiable form (such as anonymized, masked or de-identified information) for any purpose. If we combine information that is not in personally identifiable form with information that is (such as combining your name with your geographical location), we will treat the combined information as personal information as long as it is combined.
B. Social Sharing Features.
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
C. Advertising and Analytics Services Provided By Others.
We do not intentionally collect information from individuals under the age of 13. The Services is not directed to individuals under the age of 13 and we request that these individuals not provide personal information through this Services.
6. Your Choices
A. Account Information.
You may update, correct or delete information about you at any time by logging into your online account, emailing us at [~ [email protected] ~]. If you wish to delete or deactivate your account, please email us at [~ [email protected] ~], but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. If you wish to restrict or block the cookies which are set by us, or any other website, you maybe able to do this through your browser settings. The “Help” function within your browser should tell you how. Alternatively, you may wish to visit www.allaboutcookies.org or www.aboutcookies.org which contain comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies. For information on how to do this on the browser of your mobile phone you will need to refer to your user manual.
You may accept all, or certain, cookies. Please be aware that restricting cookies may impact on the functionality of the website.
We may also use Flash cookies on the website. Flash cookies may be removed by managing your Flash Player settings. Depending on the version of the browser and media player you use, you may be able to manage Flash cookies with your browser. You may manage Flash cookies by visiting Adobe’s website. Please be aware that restricting the use of Flash cookies may affect the features available to you.
C. Marketing and Promotional Communications.
You may opt out of receiving promotional emails from FitSwop by following the instructions in those emails or by emailing [~ [email protected] ~] and requesting to be removed from our mailing list. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
7. Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. A company may also comply with the law by disclosing in its privacy notice that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties for those third parties’ direct marketing purposes (as we do), and information on how to exercise that choice. If you are a California resident and would like to make such a request, please contact us at [~ [email protected] ~]. However, please note that under the law, Services such as ours that permit California residents to opt in to, or opt out of, this type of sharing are not required to provide such information upon receiving a request, but rather may respond by notifying the user of his or her right to prevent the disclosure. To opt out of having information about you shared with third parties for direct marketing purposes, please contact [~ [email protected] ~].
8. International Users
EU Data Subjects
In the European Economic Area and Switzerland (“EU”), “Personal Data” is defined very broadly and includes any information about a natural person, who can be identified, directly or indirectly, from data that we hold about them or from data that is combined with other information. EU data protection law requires us to have a legal basis before processing any Personal Data about you. The legal basis’ for us processing your Personal Data for the above purposes may be because: (i) you have provided your consent; (ii) it is necessary to for the performance of a contract with you; (iii) the processing is necessary for our compliance with a legal obligation; or (iv) the processing is in our legitimate interests. To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your Personal Data. In some circumstances, withdrawing your consent to FitSwop’s use or disclosure of your Personal Data will mean that you cannot take advantage of certain FitSwop products or services.
We may transfer your Personal Data outside the EU to the United States or any country that FitSwop or its service providers may have operations. Such countries do not have the same data protection laws as the EU. Any transfer of your personal information will be subject to a European Commission approved contract (as permitted under the General Data Protection Regulation) that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. To obtain a copy of the such safeguards please contact us.
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:
(i) Fair processing of information and transparency over how we use your use personal information
(iii) Require us to correct any mistakes in your information which we hold
(iv) Require the erasure of personal information concerning you in certain situations
(v) Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
(vi) Object at any time to processing of personal information concerning you for direct marketing
(vii) Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
(viii) Object in certain other situations to our continued processing of your personal information
(ix) Otherwise restrict our processing of your personal information in certain circumstances
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation (or other relevant guidance).
If you would like to exercise any of those rights, please Email, or write to us with the following:
(i) Enough information to identify you
(ii) Proof of your identity and address
(iii) The information to which your request relates
How to Complain
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the EU state where you work, normally live, or where any alleged infringement of data protection laws occurred.
10. Contact Us
Our mailing address is:
123 Buttermilk Pike
P.O. Box #176331
Lakeside Park, KY 41017