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Privacy Policy

Effective August 14, 2023.

Peerfit, Inc. dba FitOn Health (“FitOn Health”) is committed to respecting your privacy and being transparent in how we collect, use, and disclose personal information. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our websites at fitonhealth.com, peerfit.com and peerfitmove.com (each, a “Site”), from using the mobile application (the “App”), and through your interactions with us and through use of any of FitOn Health’s services (collectively, with the Site and App, the “Service”). This Privacy Policy describes the information collection, use, and disclosure practices for the Service and the choices you have with respect to this information.

If you do not agree with the terms of this Privacy Policy and our Terms of Use, then you should immediately discontinue use of the Service without providing us with any personal information.

1. Collection of Personal Information

FitOn Health may collect the following categories of personal information (a) directly from you (such as when you create an account, participate in contests or surveys or communicate with us), (b) from the device and browser that you use to access the Service, (c) from cookies and similar technologies, and (d) from third parties, such as your employer or health plan (if you enroll in FitOn Health through your employer or health plan) or third-party authenticator services (such as Facebook, if you use such services to login to the Service). We may combine information we receive from third parties with information we collect from you, from your device and/or browser, and from cookies. 

Identifiers

We may collect your name, email address, postal address, and account password. If you use a third-party authenticator service (such as Facebook) to create an account, you authorize us to access certain account information from the third-party authenticator, such as your public profile, email address, interests, “likes,” gender, birthday, education history, work history, interests, current city, photos, videos, personal description, friend list, and other information from your use of the third-party authenticator (consistent with the third-party’s privacy policy and your privacy settings related thereto).

Professional and Employment Information

We may collect the name of your employer and your title. 

Financial and Transactional Information

We may collect payment details (such as credit card, debit card, or bank account information), billing address, and order history (including classes or memberships purchased by you). We use third-party payment processors (e.g., Stripe) for part of this process. FitOn Health does not store or use payment details in any way other than to relay the information to the third-party payment processor. After payment, FitOn Health does not have access to your payment details.

Health Information

The App provides the option to integrate with your mobile device’s native health tracking service. If you opt in, certain health information will be provided to the native health tracking service’s database on your device. The health information that will be provided to the health tracking service depends on your mobile device type, but may include heart rate, sleep levels, blood pressure, calorie intake, and energy burned. For more details, please refer to your device’s native health tracking service’s website at Google Health, Samsung Health, or Apple Healthkit.

We will use your health information to show you details of your activities in the App. We will not use your health information for marketing or advertising purposes. The App cannot read from your device’s health tracking service’s database without your consent. 

Separately, if you use the Service in connection with your employer’s or another health plan, we may collect your health plan member number, name, date of birth, city, state, and gender from your employer or health plan. This information may be considered Protected Health Information as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and Health Information Technology for Economic and Clinical Health Act and in regulation promulgated there under. This information may also be subject to regulation under state law. We offer and provide the Service in a manner that complies with applicable laws and regulations we are aware of and/or become known to us and will continue to do so.  

Audio-visual Information

We may collect your photograph if you add a picture to your profile and we record customer service calls for quality assurance purposes. 

Demographics and Characteristics

We may collect your location, gender, and birthdate/age as well as your workout preferences.

Device Information

We may collect device information when you visit the Sites or use our App. Device information may include your device type, browser type, online and/or unique identifiers, IP address, access times, and geolocation information.

Internet Activity

We may collect information concerning your interaction with the Sites and/or App, including when you access a Site and/or use the App, your browsing activity on the Sites and/or App (such as which pages you visit, in what order, and for how long), and the classes you have taken. This may also include “traffic data” or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Sites and App.

Inferences

We or our advertising partners may draw inferences from the information identified above that may reflect your preferences, characteristics, or interests. 

Some of the information describe above may qualify as “Sensitive Personal Information.” In particular, Sensitive Personal Information includes payment details and Health Information. We collect and use Sensitive Personal Information to: provide the Service to you; ensure the security and integrity of the payment process and our systems; undertake activities to verify or maintain the quality or safety of the Service and to improve the Service; detect, prevent, and investigate security incidents and other malicious, deceptive, fraudulent, or illegal actions; and to provide for the safety of natural persons. 

2. Cookies

We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising. For more information about the cookies we use, please see our Cookie Policy

3. Children’s Privacy

The Service is not intended for users under the age of 13 and FitOn Health does not knowingly allow individuals under the age of 13 to sign up for an account or to otherwise disclose any of their personal information to us. If you are under 13 years old, please do not use or access our Service. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user’s information from our systems. If you are the parent or guardian of a child who is age 12 or under who you believe has disclosed personal information to us, please contact us at privacy@fitonhealth.com so that we may take the appropriate steps to delete and remove the child’s information from our systems. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.
 

4. Use of Personal Information

We collect and use personal information for the following purposes:

  • Providing the Service and providing products and services requested by, or reasonably anticipated within the context of our relationship with you; 

  • Operating, maintaining, and improving the Service;

  • Personalizing the Sites and App (e.g., displaying your name after you log in);

  • Administering contests;

  • Responding to comments and questions, requesting feedback, and administering surveys;

  • Analyzing use of the Sites and App;

  • Sending confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;

  • Communicating about promotions, upcoming events, and other news about products and services offered by us, our group companies, including FitOn Inc., and our fitness partners;

  • Tailoring advertisements to what we believe will be of interest to you (including working with our advertising partners to display advertisements on other websites that you may visit);

  • If you are a member through your employer or health plan, we may send you announcements and news related to you employer or health plan and posted by your employer or health plan administrator;

  • Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible; and

  • Complying with legal and regulatory obligations.

5. Sharing and Disclosure of Personal Information

This section describes how FitOn Health may share and disclose personal information. We may share personal information with the following third parties: 

  • Our group companies, including our parent company FitOn Inc.

  • Service providers including hosting providers and IT outsourcing, payment processors, web analytics providers, and marketing providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites. 

  • Your employer or health plan, if you use the Service as part of any offering from your employer or in connection with your health plan, we may share information regarding your use of the Service with your employer or health plan. This may include, for example, attendance or participation in specific offerings and utilization rates.

  • Fitness partners, such as when you book class reservations and/or memberships directly with gyms, studios, and health clubs through the Service. Fitness partners use this information to process the reservation or membership, make classes and services available to you, and provide you with information and promotions regarding their services. Our fitness partners are directly responsible to you for their use of your personal information and they may be obliged to provide youinformation about the personal information they process about you and the choices you have with respect to that information.

  • Advertising networks to provide you with relevant marketing.

  • With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.

  • Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

We may also use or disclose aggregate and/or deidentified information for our business or research purposes. Information is aggregated or deidentified so that it is not linked or reasonably linkable to any individual.  

6. Your Privacy Choices

If you no longer want to receive our newsletter, emails, or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself or by contacting us at the information in Contacting FitOn Health section below. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or purchases placed through the Sites or App.  

You may disable push notifications by going to your device “Settings” and clicking on “Notifications,” and then changing those settings for some or all of the applications on your device. 

By logging into your account, you may view and/or update certain information associated with your account (e.g., name, email address, location, phone number, and gender). You may delete or cancel your account by contacting us at the information in the Contacting FitOn Health section below.

7. Security 

We use reasonable security measures to help protect against the loss, misuse, alteration, or unintentional destruction of the personal information under our control. However, due to the realities of data security, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please let us know immediately by contacting us as indicated in the Contacting FitOn Health section below.

8. Additional Disclosures for Residents of California

For residents of California, this section describes how we collect, use, and disclose, and/or “sell” (as defined under California law) the personal information of California residents, and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Collection of Personal Information above.

We collect this personal information, as further described in the Use of Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

In the past 12 months, we have disclosed the following categories of personal information for business or commercial purposes to the categories of recipients below:

Identifiers

  • Group Companies

  • Service Providers

  • Your Employer or Health Plan

  • Fitness Partners     

Professional and Employment Information

  • Group Companies

  • Service Providers          

  • Third parties in connection with a change to the control or financial status of the company

Health Information

  • Group Companies

  • Service Providers

  • Your Employer or Health Plan     

Audio-visual Information

  • Group Companies

  • Service Providers     

Demographics and Characteristics

  • Group Companies

  • Service Providers

  • Third parties in connection with a change to the control or financial status of the company

Device Information

  • Group Companies

  • Service Providers

  • Advertising Networks

Internet Activity

  • Group Companies

  • Service Providers

  • Advertising Networks

Inferences

  • Group Companies

  • Service Providers

  • Advertising Networks

For more information on how your information is shared, please see the section Sharing and Disclosure of Personal Information above.

Your Rights

Under California law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. We have provided this notice through this Privacy Policy. In addition, California residents have additional rights, subject to certain limitations, including:

  • Access: You have the right to access a copy of the categories and specific pieces of personal information that we have collected about you.

  • Correction: You have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

  • Deletion: You have the right to request that we delete or anonymize your personal information, with certain exceptions.

  • Sale/Sharing Opt-Out: You have the right to opt-out of the sale of your personal information, including the sharing of your personal information for cross-context behavioral advertising. 

  • No Retaliation: You have the right to be free from discrimination for exercising your rights.

Exercising Your Right to Access, Correction, or Deletion

To submit a request to access, correct, or delete your information as a consumer or as an authorized agent, please contact privacy@fitonhealth.com with the subject line “California Privacy” so that we can get your email to the right team. Once we receive a request, we will take steps to verify the request. We will ask for information that is reasonably in light of the nature of your request. If an authorized agent is used to make a request on your behalf, we require that authorized agent to provide proof that you gave them permission to submit the request on your behalf. We may also require you to verify your identity directly with us. 

 

“Sales” of Information

FitOn Health does not sell personal information in exchange for money. However, our use of some cookies and similar technologies may be considered a “sale” under California law. California law defines “sale” broadly to include any disclosure of information in return for any value. The value does not need to be monetary like in a traditional sale. 

The categories of personal information disclosed that may be considered a “sale” under California law are: Device Information, Internet Activity, and Inferences. 

The categories of third parties to whom personal information was disclosed that may be considered a “sale” under California law are: Advertising Networks. 

You may exercise your right to opt-out of “sales” by emailing privacy@fitonhealth.com with the subject line: Do Not Sell My Personal Information.  We do not currently recognize the Global Privacy Control (“GPC”) as a valid consumer request to opt out of marketing cookies for the browser that you use to access the Sites.

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.  

9. Links to Other Websites

The Service may contain links to other Internet websites and we may display third-party content through the Service to provide increased value to our visitors. We have no control over, or responsibility for, these linked websites, including websites of our fitness partners, each of which has separate privacy and data collection policies and practices independent from us. Our Privacy Policy does not apply to your use of such websites or information you may provide on such websites. We encourage you to review the privacy policies of any websites you may access through the Service before engaging with these third-party websites.

10. Effective Date and Changes to this Privacy Policy

This Privacy Policy is effective as of the date at the top of this policy. FitOn Health has discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. Please revisit this page frequently to stay aware of any changes. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change. If you do not agree with such changes, you should cease accessing or using the Service and contact us at the information in the Contacting FitOn Health section below to deactivate your account.

11. Contacting FitOn Health

We hope to create a Service that is beneficial to you and that you trust. If you have any questions about this privacy policy, the information handling practices of FitOn Health, or if you are seeking to exercise any of your statutory rights, please contact us at privacy@fitonhealth.com, or via mail at:

Peerfit, Inc. d/b/a FitOn Health
1060 Woodcock Rd Ste 128 #96128,
Orlando, FL 32803-3607