Privacy Statement And Policy

 This Privacy Statement informs users of the Fitivity web-site (“Website”) and all Fitivity mobile applications (“Apps”) about how Fitivity, Inc. ("Fitivity” or "we") gathers and uses (i) personal information submitted to Fitivity and (ii) aggregated information collected from the Website, Apps and Fitivity Services. This Privacy Statement and Policy applies to the Website and Apps and other Fitivity owned websites, domains, services, applications and products (“Fitivity Services”). From time to time we may update this privacy statement. Your use of the Website, Apps and Fitivity Services after an updated privacy statement becomes effective will indicate your acceptance.

  • Collection of Personal Information
  • Types of Information Collected
  • Use of Personal Information
  • Sharing Information with Friends and in User Forums
  • Data Retention and Deletion
  • Control of Personal Information and Opt-Out Options
  • Security of Information We Collect
  • Data Integrity
  • Protection of Children’s Privacy
  • Use of Cookies and Tracking Technology
  • Links to Other Websites
  • Users from Outside the United States
  • DO NOT TRACK DISCLOSURE
  • California Resident Disclosure
  • Contact Information

Collection of Personal information

 Fitivity collects and uses your personal information to manage and enhance your use and experience of the Website, Apps and Fitivity Services. FITIVITY DOES NOT SHARE INFORMATION COLLECTED FROM YOU THAT COULD PERSONALLY IDENTIFY YOU WITH ANY THIRD PARTY UNLESS YOU SPECIFICALLY CONSENT TO SUCH SHARING. We may share information that we collect with third parties as provided for herein.   However, without your consent, such shared information will be aggregated or modified so that you will not be identified with such information.

We may also use and allow third parties to track your browsing history profile, Fitivity mobile applications installed and Fitivity subscriptions. Such tracking will allow Fitivity to offer you specifically tailored services and products (both of Fitivity and its third party partners). No personally identifiable information will be shared with any third party without your consent.

Types of Information Collected

User Information. In addition to the above personal information, we collect standard information about Fitivity users such as:

  • First name, last name, profile image, gender, age range, password and friends list
  • Email address
  • IP addresses, browser type and your operating system
  • Mobile application version
  • Pages visited on the Website referring and exit pages, and the dates and times of the visits.
  • Unique device identification [Apple Identifier (IDFA) and Google Advertising ID (AAID)]
  • Any additional information relating to you and your use of the Website, Apps or Fitivity Services that you provide to use directly through the Website or the Apps
  • Location data and other information about devices used to access and interact with the Website or Apps
  • Information that you make publically available or publicly post using tools made available on the Website or via the Apps
  • Information you may provide in user-to-user messages
  • Information collected from promotions with third party companies.
  • Geographic location data

Supplemental Information. Your information may also be supplemented with additional

information from other sources, including publically available sources.

Use of Personal Information

 We will treat the information we collect as confidential. Without your permission, we will not share your information with third parties. We may share information collected from you that does not identify you or an individual with third parties, including advertisers and potential business partners such as anonymized data or aggregated data and statistics.

We may also use share such anonymized and aggregated data:

  • To fulfill the services and products you request from us.
  • To operate and improve the Website, Apps and Fitivity Services available to you through Fitivity, including developing new features and products.
  • To communicate with you, respond to your requests and manage our relationship
  • To personalize the products and services provide to you.
  • Measure performance of the products and Fitivity Services
  • To enhance and provide services reflective of our users
  • To allow you to participate in contests and surveys. Fitivity may co-sponsor promotions with other companies, in which case any information collected is likely to be shared with other participating sponsors.
  • To send you marketing notices including promotions of our products and services. You can opt-out of communications from Fitivity at any time (see control of personal information below).
  • For internal purposes, which may require the transfer of such information to other Fitivity affiliates for administrative purposes, for technical maintenance purposes, the marketing and promotion of products and services that might be of interest to you.
  • Unique device identification [Apple Identifier (IDFA) and Google Advertising ID (AAID)] may be used to recognize your device and support advertising activities on the Website or Apps. These number values are not permanently tied to your device and, depending on your operating system, can be reset through your device settings.
  • In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal, non-public information.
  • We may partner with Facebook and other social media partners to deliver advertisements to our users via the Facebook Custom Audiences program or a similar third-party program. In order to identify and reach our users on Facebook or another third-party service, we may share information such as an email address or phone number with Facebook or the other third-party service. If you would like to opt out of receiving advertisements from us through such programs based on your email address or phone number, please send us an email at This email address is being protected from spambots. You need JavaScript enabled to view it.. For more information about custom audience targeting and how to adjust your social media advertising preferences, please review the privacy policy of your social media provider.

We may disclose your personal information when we reasonably believe that it is required by a law or legal process and to protect and defend the rights and interests of Fitivity, its affiliates, suppliers, or users. In the event Fitivity goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, and users' personal information will, in most instances, be part of the assets transferred.

Please note that if you use the Website or any App tools to disclose information about yourself (for example, in chat rooms, user-to-user messaging or online message boards), others outside of Fitivity may obtain access to information you provide.

Sharing Information with Friends and in User Forums

 The Fitivity Services allow you to share your exercise goals and information with friends that you select.

Please bear in mind that Fitivity cannot control what your friends do with the information you share with them, so you should only share with friends you trust.

Data Retention and Deletion

We retain information for as long as reasonably necessary to deliver the Fitivity Services to you or to fulfill the purposes described in this Privacy Policy.

Given the nature of today’s fitness activities many users take extended breaks from exercise activities.   As a result, we do not delete information automatically based on account inactivity or when you uninstall our Apps from one of your devices.

If you choose to delete your Fitivity account or subscription, we will make our best effort to delete all information associated with your account, including your profile information, historical fitness activities, historical location information, and third-party authorizations for services connected to your account. However, please note that certain information may be retained in backup databases or for analytics purposes.

Control of Personal information and Opt-Out Options

 Fitivity values the accuracy of the information you provide. You can confirm, change, or update personal information you have provided to us by contacting us directly at This email address is being protected from spambots. You need JavaScript enabled to view it. with your request.

If you want to opt-out of communications from Fitivity, you can do so by emailing your request to This email address is being protected from spambots. You need JavaScript enabled to view it.. If you change your mind, you can opt-in again, by emailing this same address. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices.

Security of the Information We Collect

 We use a range of technologies and procedures to protect your personal information. If we collect any personal information we store such personal information in a secure, limited access facility, and we use industry-standard firewalls and security software design to protect the security and integrity of your personal information.

Data Integrity

We process all collected data for our legitimate business purposes and in accordance with this Privacy Policy. We take reasonable steps to ensure that the data we process is accurate, complete, and current. It is important to us, and we depend on, our subscribers and users to update or correct their data whenever required.

Protection of Children's Privacy

 The Website is a general interest website and the Apps are general interest mobile applications. We do not knowingly collect any personal information from children. If you are under 13, you are not permitted to use the Website or an App. Consistent with the Children's Online Privacy Protection Act ("COPPA"), the Website and Apps are not intended for use by anyone under the age of 13 (COPPA’s minimum protections are for minors 13 years of age or under).   Fitivity does not knowingly collect personal information from children through this Web Site or Apps.

If you are a parent with concerns about children's privacy issues in conjunction with the use of this Web Site or Apps, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Fitivity encourages parents to discuss this Privacy Policy and the dangers of providing Personal Information on-line.

Use of Cookies and Tracking Technology

Cookies. When you visit the Website, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Website the cookie may be read. A "cookie," is a small text file placed on the user's hard drive to track usage of the Website and collect basic information, which may include certain of your preferences.

We use cookies to gain knowledge of Internet usage, improve content and advertisements, collect the site visitation data described above and in some cases to deliver specialized content. Cookies also help to prevent you from having to register or re-enter your information every time you visit the Website in a streamlined fashion. Some of our advertisers and partners occasionally use cookies as well. Fitivity does not have any control over the cookies used by advertisers and partners.

If you would like to avoid cookies, your web browser may have an option that enables you to disable or not accept cookies. It should be noted, however, that should you disable or not accept cookies, portions of the Website may not properly function.

Mobile Analytics. In addition, if you are using Apps, Fitivity or our partners (such as Google Analytics) may use analytics technology to track anonymous traffic data about use of the specific App. Such partners have the right to retain and use the anonymous traffic data collected by through the analytics service from users of the Website or the Apps.

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 use an application software development kit (SDK) to collect information, including device identifiers such as IDFA and Advertising ID. An SDK is a section of code that can be embedded in mobile applications to allow third parties to collect information about how users interact with the app. The information collected by third parties using these technologies may be used for a variety of purposes, including analytics.

Links to Other Websites

 Our Website and Apps may contain links to other websites or mobile applications. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use. We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them.

Users From Outside the United States

 Fitivity and the Fitivity servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you use Fitivity you consent to the use and disclosure of information in accordance with this privacy statement and subject to such laws.

 

DO NOT TRACK DISCLOSURE

Fitivity does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may be able to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

Third parties that have content embedded on the Website or Apps such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Website from a certain IP address. Third parties cannot collect any other personally identifiable information from the Website unless you provide it to them directly.

CALIFORNIA RESIDENTS

California Civil Code Section 1798.83 permits California residents to request and obtain from us, free of charge, a list of the third parties to whom we have disclosed certain types of personal information (if any) for that third-party’s direct marketing purposes in the preceding calendar year. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by submitting a request to our team at This email address is being protected from spambots. You need JavaScript enabled to view it. or in writing to:

                Fitivity, Inc.

                202 Bicknell Avenue

                Santa Monica, CA 90405

Additionally, if you are a registered user under the age of 18 and a resident of California, you may request removal of content you have posted to the Website, Apps or through the Fitivity Services. Requests can be made to This email address is being protected from spambots. You need JavaScript enabled to view it.. Please note that making such requests does not ensure complete or comprehensive removal of the content as some of the content may remain in Fitivity databases, may remain visible in a manner that will not identify you or may have been re-posted by another user or third party.

Contact Information

 We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Last Updated: 03/15/17