Effective Date: May 25, 2018
Fitness Cubed is headquartered in Chicago and our Services are provided to you by Fitness Cubed Inc. If you are a resident of the European Union (“EU”), Fitness Cubed Inc. is the controller of your personal data for the purposes of EU data protection law.
Information Collection and Use
Aggregate Information. We may aggregate statistical information that does not individually identify you, such as information concerning, such as calories burned, exercise time, distance traveled, weight, height, country, city and organization (“Aggregate Information”). We collect this information directly, such as when you register and indirectly, such as when you use the Service or through our third-party service providers. One type of Aggregate Information we collect is information relating to individual unnamed or identified users, such as calories burned, exercise time, distance traveled, and organization (the “Leaderboard Information”) in order to display such information to other users of the Services on a “Group Leaderboard”. Like all Aggregate Information, Leaderboard Information is not linked to your Personal Information. The Aggregate Information we collect is pooled together to help us improve our Service and to allow users of the Service to gauge their performance vis-à-vis other users.
Usage Information. We collect non-personal statistical information that does not individually identify you. This includes non-personal statistical information about your Internet connection, the equipment that you use to access our Services, and how you use our Services. We refer to this information as “Usage Information”. This information allows us to optimize the Services to the Internet connections and equipment that are used to visit the Website or App. For instance, in order to make the Services better, we may collect information on: how long you use the Services; whether you have used the Services before and on how many occasions; how frequently you use the Services; and at which point you exit the Services. We collect this information directly from you when you provide it to us and automatically as you navigate through and interact with our Services. Information collected this way includes: (i) details of your visits to our Services, including traffic data, location data, logs, other communication data, and the resources that you access and use on the Website or App; and (ii) information about your computer and internet connection, including your IP address, operating system, and browser type. The technologies we use for this automatic data collection may include:
- Pixel Tags / Web Beacons: Pages of our website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email. We may also use these web beacons for other related Website statistics (e.g., recording the popularity of certain content and verifying system and server integrity).
- Device identifiers: When you use a mobile device like a tablet or phone to access our Services, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers”. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us.
Third-party Service Providers
We use third-party Service Providers in order to efficiently provide our Services to you. Service Providers perform tasks including, but not limited to, fulfillment of orders and credit card payment processing. Some Service Providers, such as credit card processing companies, will collect information directly from you and provide us with relevant data. We may use this information to carry out our obligations and enforce our rights arising from any contracts entered into (for instance, to collect any authorized fees). Information collected from these third-party services is governed by their privacy policies. We allow users to register using Facebook and may allow users to access Twitter, Google+ , and other social media platforms through the Services. We will ask permission to access basic information from that account, such as your name, profile picture, and friend list. You can stop sharing that information with us at any time by removing Fitness Cubed’s access to that account. If you choose to use this feature or if you interact with any other third party on the Services, the third party may have access to your Personal Information, even though we do not disclose your Personal Information for these purposes without your consent. You should view the privacy policies of Service Providers before providing information to them.
For users of the Fitbit and Apple Health app, we collect information that will help us offer you additional features. We collect data including but not limited to sleep, activity (e.g. walking, running), weight, heart rate, nutrition, location, and basic profile information. This data is used to provide features and services that help you customize your product experience such as giving you recommendations on frequency of use and time of use and visually displaying your product usage in relation to other data pulled from the Fitbit and Health app. Personally identifiable information will not be shared with third parties. You may opt-out of the service after you set up an account. When you disable your Cubii account or revoke access to your Fitbit and Health app, no further data will be collected; however, we will retain data collected up to the point of revocation. You may contact our customer support team at firstname.lastname@example.org for further instruction on how to remove your data from our database. When you request deletion of your data, we will remove all information that could be used to personally identify you, and these cannot be reinstated.
We may disclose Usage Information and Aggregate Information about our users without restriction. This information cannot be used to personally identify our users. We do not disclose your Personal Information except in the circumstances described here:
- Your Consent: We may share or disclose your Personal Information, at your direction, in connection with your use of the Services. For example when you choose to log in using a third party social media platform (such as Facebook, Twitter or Google+), you are giving your consent to share your Personal Information with that platform.
- Service Providers: We may share your Personal Information with or disclose it to contractors, Service Providers, and other third parties we use to support our business, all of whom are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
- APIs: We may use Application Program Interfaces (API’s) to send or receive information for integration with the Services from third parties, such as Apple HealthKit, Jawbone, Fitbit, MyFitnessPal, Noom, if you have granted such permission to us or to the applicable third party provider.
- Business Transfers: In the event that Fitness Cubed is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, your Personal Information held by us may be among the assets transferred.
- Enforcement: We may disclose your Personal Information in order to enforce or apply our Terms and other agreements, including for billing and collection purposes.
- Disclosed when Collected: For any other purpose disclosed by us when you provide the information.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Leaderboard Information. You may elect not to include and display your Aggregate Information in the Leaderboard Information by selecting the applicable option on the Website or App.
Accessing and Correcting Your Information
You may send us an email at email@example.com to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
EU Members’ Rights
If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:
- Access and Porting: You can access much of your information by logging into your account. If you require additional access or download, please contact us at firstname.lastname@example.org. Fitness Cubed support team will respond to your request within 7 business days.
- Rectify, Restrict, Limit, Delete: You can also request to rectify, restrict, limit or delete your information by contacting email@example.com. Upon requesting to have your data deleted, all data which can be used to personally identify you will be deleted and cannot be reinstated. You can also request to have your account deleted. Fitness Cubed will respond to your request within 3 business days to confirm if you really intended to have your data or account deleted. You must respond with your confirmation within 7 business days. Otherwise, your request will be cancelled automatically and you will need to initiate your request again. After you submit your confirmation, Fitness Cubed will take up to 7 business days to process your request and send you a notice of completion.
- Object: Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
- Complain: Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
California Privacy Rights
California Civil Code Section §1798.83 permits users that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Children Under Age 13
Our Services are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Website or through the Services. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Service. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.