Last updated: October 8, 2018
What Information Is Collected About You Through Openfit Services?
The information we receive from you helps us personalize and continually improve your experience using the Openfit Services and our business. Here are the general types of personal information we (and certain third parties) may gather:
Information You Give Us:
– Sources of Information You Give Us: We receive, store and process personal information you provide to us when you purchase or use the Openfit Services, set up an Openfit account, enter information on our websites or message boards, communicate with us over phone, email or otherwise, use our applications on mobile or connected devices, use our streaming services, take our surveys, participate in any promotion, interact with our social media presence, or in any other way.
– Examples of Information You Give Us: This includes without limitation:
· Contact information: name, shipping, billing, and/or business addresses; phone number; email address;
· Log-in information: username and password information;
· Payment information: credit or other payment card information;
· Demographics information: gender; date of birth; and survey response data;
· Fitness and wellness information:
o Physical information (e.g., weight, waist, hip and bicep measurements, etc.);
o Food and nutritional information (e.g., types of food and beverages consumed, and any related caloric, fat, fiber, cholesterol and other information);
o Metabolic information (e.g., caloric and fat burn through exercise, and other related information);
o Fitness and activity information (e.g., the types and number of workouts you may be using, workout and activity tracking, hours exercised, etc.).
· General feedback: content you post on our message boards, photos you upload into the Openfit Services, or information you submit about our products, goods or services;
· If you apply to join our Affiliate Program, we may also collect information about your business, such as your organization’s name, email address, street address, telephone number, tax identification number, and information about your website (e.g., the URL, the number of unique users and page views, the demographics of your user base, etc.);
· If you enable Apple’s Healthkit Application when using Openfit Services, Openfit may send and receive data to and from Apple’s Healthkit Application to help track your workout activity and enhance your overall experience using Openfit Services. Openfit will not use or share health data collected through Apple HealthKit for marketing purposes. For example, we may collect and display fitness data, such as heart rate, and use it to estimate your calorie burn while performing exercises with Openfit programs.
Information We Automatically Receive:
– Examples of Information We Automatically Receive When You Use Our Sites: This includes without limitation:
· Device identifiers: your Internet protocol (IP) address (the number used to identify your computer or modem to the Internet, which can potentially identify your location and Internet Service Provider), and cookie identifiers;
· Device, system, and usage data: browser type, device type, device screen size, version and time zone setting, operating system; information about your activities on our websites, including the Uniform Resource Locator (URL) from which you came to our websites and the URLs that you visited on our websites; products you viewed or searched for; the phone number you used to call us; pixel tag data as described below; and purchase history; session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
– Mobile and Connected Device Information: When you download, install, first launch, or use our applications through mobile or connected devices, we may receive information about your device and may access your camera, microphone, or other device services or hardware. Some devices may allow you to opt-out of this collection or access, and in those cases, you may be able to subsequently stop the collection or access. Please review your device settings for more information.
– Examples of Mobile and Connected Device Information We Collect: This includes without limitation the same types of data that we collect through our websites as described above, and the following:
· Mobile device identifiers: mobile device IDs, including AdIDS;
· Mobile device, system, and usage data: precise geolocation information (if you enabled this feature), mobile carrier provider, the types of mobile devices and mobile operating systems accessing the application, and information that we may obtain from device features you allow us to access such as photos and voice data.
Information We Obtain From Other Sources:
– Sources of Information We Obtain From Other Sources: We may receive information about you from other sources. In addition, we may combine information you give us with other information from these sources.
– Examples of Information We Obtain From Other Sources: These sources include without limitation the following categories:
· Our vendors: information that you provide to or through our vendors, such as through our email and text message campaigns;
· Payment service providers: updated credit card number and expiration dates from your bank or credit card company which we use to keep our records current and service you better;
· Delivery service providers: delivery details such as updated delivery and address information from our carriers or other third parties which we use to keep our records current, process orders, deliver your next purchase, and service you better;
· Social media services: information that you publicly post on our and your social media pages (e.g., our Facebook®, Instagram®, and Twitter® pages), such as your personal information, likes, interests, feedback, preferences, pictures, comments, suggestions, and opinions;
· Other third party sources (including data aggregators and public databases): transactional data from third party purchases; demographic and profile data; information about products or services purchased from other companies.
How Does Openfit Use the Information It Collects?
Openfit may use the information provided above in various ways, including without limitation, to:
– Process and fulfill your requests or orders for any Openfit Services, and verify your identity and/or location to allow access to your accounts (such as your Openfit account);
– Communicate with you about your orders or any inquiries you may have submitted to us or other customer service issues;
– Tell you about new products, goods or services, including if you started a transaction with us and provided your information, but did not finalize your order;
– Service and manage your accounts, or contact you about your accounts;
– Troubleshoot and/or address a problem or issue affecting your use of any Openfit Services, or to inquire about or verify information concerning a transaction;
– Assist you with your health and wellness goals, such as providing you with information and feedback on your goals, and helping you connect with individuals who share your interests;
– Improve any Openfit Services, such as the look and feel of our apps or websites, and related advertising or materials;
– Enhance and personalize your Openfit experience on any Openfit Services, and control the frequency of advertisements to your device;
– Target advertising or promotions that may be of interest to you, such as emails, direct mail, banner ads, splash ads (ads that appear as you sign in or out of your online accounts) or promotions based on your demographic profile, interests, or location;
– Send you emails and other communications with offers about Openfit’s or any of our business partners’ products or services that we think you may find useful, or to see if you are interested in participating in surveys, market research or other inquiries;
– Administer contests, promotions, events, market research, surveys or other features;
– Improve, personalize, and optimize your website browsing and mobile application experiences by examining which parts of our website you visit or which aspect of our mobile applications you find most useful, and to improve existing or develop new products and services;
– Operate, improve, and maintain our Openfit Services, including for data analysis, such as user behavior and trends, and diagnose problems with our server and administer our websites;
– Assist us in taking data security precautions and to engage in fraud prevention, detection, and remediation;
– Carry out other purposes which are disclosed to you and, where required by law, to which you consent;
– Undertake statistical analysis and research, and for demographic profiling purposes; or
– Comply with applicable international, federal, state, provincial/territorial and local laws, directives, rules, regulations, and ordinances; civil, criminal or regulatory investigations; or other legal requirements, such as court orders.
What About Cookies, Pixel Tags and Third Party Tracking Tools?
– Cookies: Like almost every company, Openfit and others use a technology commonly known as a “cookie”, which is a small data file our server places on your computer or mobile device to recognize your device and provide personalized features and advertisements. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. Through cookies, we are able to collect information that we use to improve our websites and mobile applications, improve your overall experience on them, and personalize your experiences and advertisements. For example, through cookies, we can keep count of return visits to our website or our advertisers’ or partners’ websites, understand how much time is spent on certain webpages, know which links were clicked, understand what users do and do not like, collect and report on aggregate statistical information, authenticate your login credentials, and manage multiple instances of our websites in a single browser. We may also collect other data through cookies, such as the page or website that referred you to us, the date and time you visited us, and your current IP address. The cookies we place on your hard drive are known as “first-party cookies” and any cookies placed by third parties are called “third party cookies.” Third party cookies enable third party features or functionality to be provided on or through the website (e.g., advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
– Do Not Track Signals: Some web browsers offer a “Do Not Track” signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Like many other websites and online services, we do not currently alter our practices when we receive Do Not Track signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services, as there is no consensus among industry participants as to what “Do Not Track” means in this context. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com/.
Does Openfit Share the Information and Data it Receives?
We value the trust our customers place in us to safeguard their personal information. We share personal information we collect with your consent and as described below:
– Third-Party Service Providers: We utilize third party companies and individuals to perform business functions on our behalf to better serve you. For example, we use third parties to help us make our products and services available to you, fulfill orders you may have placed, process credit card payments, provide customer service, ship postal mail, deliver your packages, conduct market research or information analysis, manage promotions, and contact you in connection with various Openfit Services. In these instances, we may need to provide your information to these third parties for such purposes.
– Affiliates and Subsidiaries; Related Companies; Third Party Offers: Openfit may share your personal information with its affiliates, subsidiaries and parent companies. Openfit occasionally partners with third parties to learn more about our customers so we can service you better or offer products or services that we feel may be useful to you (“Related Company“). In such case, we may disclose to a Related Company certain information, such as your name, email, billing or shipping address, products purchased and price. If you request information from a Related Company, we may disclose additional information such as your email address, phone number and other contact information, so the Related Company can provide you with the information you requested. If you purchased a product or service from a Related Company, we will also disclose your credit card information so they can complete your purchase. We may disclose aggregated, de-identified information to Related Companies: (i) so the Related Companies can provide you with advertisements tailored to your interests; (ii) for statistical analysis, research, and demographic profiling purposes; and (iii) to support our business and improve our mission to help our customers achieve their health and wellness goals.
– Protection of Openfit and Others: We may share your information, including personally identifiable information, in order to: (i) protect or defend the legal rights or property of Openfit, or the legal rights of our customers, business partners, employees, agents, and contractors; (ii) protect the safety and security of our customers or members of the public, including acting in urgent circumstances; (iii) detect and protect against fraud and identity theft or to conduct risk management; (iv) comply with laws, legal process, or legal requests from any governmental or regulatory body; or (v) to enforce or apply our website Terms and Conditions and/or other agreements.
– De-identified Data Disclosures: We may also disclose non-identifying transaction information to third parties for accounting, record keeping and other purposes. We may also disclose aggregated, de-identified user data or non-personal information with business partners, advertisers, and others.
What About Third-Party and Advertisers’ Services?
At various points and pages on our websites or mobile applications, you may be able to access or utilize services offered by or in conjunction with third parties. This includes services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect), and others.
These third parties have separate data collection and privacy practices independent from ours, so please review their privacy policies to understand your rights. For this reason, Openfit cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy practices.
How Secure is Information About Me?
Openfit has implemented and uses reasonable security measures designed to help prevent the loss and unauthorized access of your information. Despite these efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against interception or to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online services. You can help protect your personal information by not reusing any passwords you use in connection with your Openfit accounts. If you suspect a website or mobile application is pretending to be that of Openfit’s (also known as “spoofing”), do not enter any personal information, but please let us know by emailing CyberIssues@Openfit.com. Personal information may be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above, or such other purposes as may be permitted or required by the applicable law. Personal Information we collect is maintained in the United States.
What Happens to My Information if Openfit is Sold to or Merges With Another Company?
As we continue to develop and grow our business or in the unlikely event of a bankruptcy, we might sell one or more of our assets, subsidiaries or business units. In such transactions, customer information is typically one of the transferred business assets. Customer information may also be disclosed in connection with due diligence or in preparation of a potential sale or investment.
Users Based Outside of the USA; Transfer of Personal Information
How Can I Update My Information?
We want to be sure your personal information is kept accurate and complete, and for this reason we ask that you inform us in the event of any changes to your information. If you provided your information directly to Openfit, you may access or update certain personal information by visiting the applicable section within your Openfit account. We will use commercially reasonable efforts to respond to your request to update your information.
Your Privacy Choices: Opt-Out
– Marketing: We offer you various ways to opt-out of receiving certain communications from us. If you would like to opt-out of receiving email marketing communications from us, you may click the “Unsubscribe” link found at the bottom of Openfit marketing emails that we send and follow the easy instructions to opt-out, or you may click the “Preferences” links to update your email settings. If you would like to opt-out of receiving marketing phone calls, you can inform the agent with whom you speak that you would like to be placed on Openfit’s “Do Not Call” list. If you would like to opt-out of any Openfit text message campaign, please follow the instructions provided when you opt-in to the campaign; typically, responding “STOP” to your specific short code will opt you out of the campaign for which you signed up.
– Online Advertising: To learn some of the ways that you can opt-out of targeted online advertising, see the section above titled “What About Cookies, Pixel Tags and Third Party Tracking Tools?” for more information.
Notice to California Residents – Your California Privacy Rights (As Provided by California Civil Code section 1798.83).
A California resident who has provided Personal Data, as defined under California Civil Code section 1798.83, to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. California Customers may request further information about our compliance with this law by emailing PrivacyQuestions@Openfit.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this email address.
Please feel free to share any comments, concerns, complaints, or questions with us:
Chief Legal Officer
Openfit, LLC – Attn: Legal Department
30699 Russell Ranch Road, Suite 170
Westlake Village, CA 91362
or email us: PrivacyQuestions@Openfit.com