The terms “we,” “us,” or “our” refer to FitnessPlans LLC., a Nevada corporation and FitnessPlans Shop LLC, a Nevada limited liability company. The "FitnessPlans group" refers to corporate affiliates of FitnessPlans LLC. By “you,” we are referring to visitors and users of any part of our Platform.
We collect personal information that you provide us, from third parties, and automatically when you use our Platform. We collect information associated with your device using cookies and similar technologies. We may also receive information about your location.
We collect information that you provide us, including your account and profile information, content you submit or post to our Platform, your purchase information, your communications, and information you provide to us as part of surveys and contests.
Account and Profile Information. When you create an account on our Platform, we collect information you provide us, like your name, email address, interests, gender, age, biometric data, and profile information. If you are a professional, you may also provide us information related to your business, including a business description and areas served.
Content You Submit. We collect information and content that you submit, post to, or create in our Platform, including your photos, comments, reviews, and searches.
Purchases. If you purchase or sell products or services or make or receive payments within our Platform, we collect certain information in order to complete your purchases, sales, and payments, such as your phone number, address, and payment method (for example, credit card or bank account information).
Surveys and Contests. If you participate in our surveys, contests, or promotions, we will collect the information you provide to us.
We collect information that others make available to us, including information from other platforms, publicly available information, information from other users of our Platform, information from our partners, service providers, and corporate affiliates, and information from third-party sites.
Other Platforms. We may receive information about you from third-party platforms when you allow the third-party platform to share this information with us or allow FitnessPlans to obtain this information from the third party. For example, you may sign-up for our Platform through Facebook, Google, or Apple; upload your contacts from your third-party email service; use our Platform (or a third-party integration on our Platform) to manage your calendar on another platform or to manage and send communications (e.g., email or text messages).
Publicly Available Information. If you are a professional or seller, we may collect information about you from publicly available sources and where permitted by applicable law or with your permission, make it available as part of our Platform. For example, we may receive your name and contact information from industry associations and networks in which you participate and display your affiliation with these organizations. We also may collect and display the details of any license you have using publicly available records.
Other Users and Customers. Others may post content on our Platform that includes information about you (for example, as part of photos, stories, and reviews) or provide us your information in connection with using our Platform. In order to enhance the quality of our Platform, professionals and sellers on our Platform may provide us information about your engagement with them. If you are a professional or seller, Platform users and visitors may provide us with feedback and public reviews about you.
Our Partners and Service Providers. We may receive information about you from our partners and service providers. For example, our payment processors may update your payment information, advertising partners may help us send communications to your address, and third parties may help us prevent fraud by verifying your contact information.
FitnessPlans Group. Subject to the privacy policies of our corporate affiliates and in accordance with applicable laws, we may receive information about you from them.
Each time you access the Platform, information is sent to our server by your Internet browser or app and stored in our log files. We collect information about your use of our Platform, including your search activity, the pages you view, the date and time of your visit, and if you use our browser extensions, the content you interact with on third-party sites (for example, if you save an image from a third-party site to your FitnessPlans account), and how you navigate and interact with a page or screen. We also collect information that your device provides to us in connection with your use of our Platform, such as your browser type, type of device, browser language, IP address, mobile carrier, unique device identifier, and requested and referring URLs.
We will receive your device's location if you enable this through your browser or mobile device. We may infer your general location from your IP address. You may also choose to provide us your location information by inputting this information in our Platform, including in your FitnessPlans settings or when you checkout as a shipping or billing address.
We use the personal information we collect to provide, support, and personalize our Platform and to communicate with you about our Platform (on and off our Platform). The ways we do this include the following:
If you provide us information about your contacts (for example, when you sign up for our Platform through Facebook), in order to facilitate a more connected experience, we may inform your contacts who have accounts on our Platform that you also have joined our Platform and follow them on your behalf so that you may view their public activities on our Platform.
We may use your communications generally for quality assurance purposes and training and to improve our products and services. We may use your communications to understand and help manage the quality of requests received, and responses sent, by professionals and sellers on our Platform and to provide them with feedback. We may use automated technology to review your communications and improve user experience.
We may use your log-in information, cookie information, device information, IP addresses, and other information to identify you and log your use across devices, our Platform, and third-party sites. We may use this information to personalize your experience on our Platform.
For your convenience, we and our payment processors will store information about the payment method you use in connection with the Platform. Note that while our payment processors may store your complete credit card number, FitnessPlans does not. You may remove or change your payment method on FitnessPlans through your settings.
If you make purchases on FitnessPlans as a visitor and subsequently create an account, for your reference, we will make information available to you about any prior purchases completed using the email address for your account.
Any use of your information that is incompatible with these uses will be disclosed to you in advance so that you may opt out of, or agree to, such uses at your discretion.
We do not rent or sell your personal contact information (such as your email address associated with your account registration) to third parties to use for their direct marketing purposes. We share personal information in the following ways:
One of the main purposes of having a FitnessPlans account is to share fitness inspirations and achievements with others. Through FitnessPlans, others have the ability to find, contact, view, and follow your profile and public activity on FitnessPlans and link it to your username. You can customize your FitnessPlans profile and whether users may follow you through your FitnessPlans settings. Other than your proprietary content that you generate in or upload to our FitnessPlans, your FitnessPlans content, followers, and others you follow are publicly viewable on the Platform and open to comments by other FitnessPlans users. You also may choose to make certain information public on our Platform like your city and neighborhood. If you are a professional or seller on FitnessPlans, we may also display the following information in order to help visitors and users evaluate you: your last visit to FitnessPlans, aggregated information on our Platform about your Platform activity (e.g. response rate), and information that is publicly available from third parties. We have policies that place restrictions on Platform visitors' and users' use of information and content you choose to make available publicly through the Platform.
We use advertising networks and partners to serve advertisements for us and other businesses, including interest-based advertising, on third-party sites and to assist us in evaluating the effectiveness of our advertising. We may also work with advertising networks and partners to serve ads on our Platform and to communicate with you at the addresses they have for you. We may provide advertising networks, advertising partners, and businesses advertising on our platform with aggregate information but other than hashed information or device identifiers, we do not disclose your name, contact information, or other personal information. For example, we may provide a hashed version of your email address or other information to advertising networks (e.g., Facebook and Google) to serve advertisements to you or others. To opt-out of the use of your information for this purpose, please send a request as provided under the Contact section.
An essential part of our services that you sign up for when you create an account on our Platform is to receive communications from the FitnessPlans group through email and our Platform. If you use our mobile app or provide us with your cell phone number, these communications also include text messages and push notifications. We communicate with you about your account, privacy, and interactions with your content. We also ask for your feedback about your experience in connection with our Platform or about your fitness progress. In accordance with applicable law, we may send you marketing communications (e.g., with tips, offers, and similar services) from the FitnessPlans group. These communications may feature us, our Platform, co-branded products and services, professionals, sellers, and other businesses on our Platform.
If you provide us your phone number, we may call and otherwise contact you to help you with using the Platform. If you are a professional or other business, we may use your contact information (whether publicly available or provided to FitnessPlans) to call and otherwise contact you about our Platform, including to market and sell our products or services or those available on our Platform.
You may change your communication preferences at any time through your FitnessPlans settings if you have a FitnessPlans account. To opt-out of our text messages at any time, you can follow the instructions provided in the text message, which typically is to reply “STOP.” You may opt-out of sales and marketing phone calls from us by letting us know during the call or by contacting us as described in the Contact section. Please be aware that you cannot opt-out of receiving account- and privacy-related messages from us. If you wish to stop receiving push notifications from us, you can turn off push notifications for the mobile application in the settings of your mobile device.
Our Platform also allows you and others to send messages in our Platform, share content with others outside our Platform, and if you make your contact information available, for others to contact you outside of our Platform.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond to your request securely and efficiently.
Even where not legally required, we will use reasonable efforts to complete requests to access or delete your personal information. You may request to receive a copy of your FitnessPlans information through your FitnessPlans settings. You may access your FitnessPlans information by contacting us as provided in the Contact section. To request permanent deletion of your personal information, please contact us as described in the Contact section.
To edit your personal information, you can manage your profile on our Platform, as well as your FitnessPlans settings. You may also contact us about correcting or updating your personal information (including your marketing preferences) using the methods provided in the Contact section. We will consider your request in accordance with applicable laws.
We will keep your personal information only for as long as necessary to fulfill the purposes for which we are processing your personal information unless the law permits or requires us to retain your personal information for a longer period. For example, we may need to keep your personal data for quality assurance purposes for our Platform or to defend future legal claims. We also will retain de-identified information after your account has been deleted. Information you have shared with others will remain visible after your account has been deactivated or deleted and after the information has been deleted from your own profile or account. We do not control information or content that others have copied out of our Platform. Please note that copies of information that you have updated, modified, or deleted may continue to reside in our systems for a period of time, and we may maintain copies of this information as part of our business records.
Our Platform is intended for general audiences and is not directed to children under 16. We do not knowingly collect personal information from children under 16. In the event that we learn that we have collected personal information from a child under age 16, we will take appropriate steps to delete that information. If you become aware or believe that a child has provided us with personal information, please contact us as provided in the Contact section.
We use reasonable and appropriate measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal information.
You may also reach our executive privacy department by mailing us at our address at 530 South 8th Street, Las Vegas, Nevada 89101, USA, Attn: Privacy or by emailing firstname.lastname@example.org, Attn: Privacy.
FitnessPlans takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. In addition to the rights described in the Your Choices and Rights section, you have additional rights in relation to your personal information, including the right to object to, or to ask us to restrict, the processing of your personal information. You can exercise these rights by contacting us as provided in the Contact Us section. You also can deactivate your FitnessPlans profile through your FitnessPlans settings.
You can complain to a data protection authority about our collection and use of your personal information in relation to the General Data Protection Regulation (GDPR) and other applicable law. For more information, and to submit a GDPR complaint, please contact your local data protection authority.
This section provides notice and specific information for California consumers to address the California Consumer Privacy Act ("CCPA").
We collect the following categories of personal information from you:
Contact information and other identifiers (for example, real name, address, email address, account name, or other similar identifiers);
User ID or device identifiers (for example, IP address or other similar identifiers);
Customer records (for example, customer records containing personal information, such as name, address, and telephone number);
Customer records (for example, customer records containing personal information, such as name, address, and telephone number);
Purchase history and preferences (for example, records of products or services purchased or considered);
Usage data (for example, internet activity information, including browsing history and interactions with a website or advertisement);
Precise geolocation data (for example, latitude/longitude from a particular device, but only with your consent);
Audiovisual information (for example, visual, audio, or similar information, only if you choose to provide this information);
In addition to the rights described above and in the Your Choices and Rights section, California consumers may also, up to twice every 12 months and subject to certain exceptions, request us to provide information about how we have used and shared your personal information in the prior 12 months. Please submit these requests for information, as well as requests to access or delete your information, through our online support form, through your privacy settings, or by emailing us at email@example.com.
Your authorized agent may submit a request to know, delete, or opt out on your behalf via this online support form or by emailing us at firstname.lastname@example.org. We may still require you to directly verify your identity and confirm that you have provided the authorized agent permission to submit the request. Whether you submit your request directly or through an authorized agent, generally, the only means FitnessPlans has to verify your identity is for you: to respond to a specific FitnessPlans email from the email address associated with your FitnessPlans account; to click a confirmation or similar button in a specific FitnessPlans email from the email address associated with your FitnessPlans account; or to submit your request from your logged-in account.
What is Biometric Data? Biometric data is identifying information related to your biometric characteristics which may be used to identify you. Examples of common forms of biometric data that you may use in your daily life include fingerprints, voiceprints, veins in your palm, facial recognition, body composition. When FitnessPlans talks about “Biometric Data”, we are referring to certain physical information we collect about you (such as your weight, body fat, or lean mass) in order to summarize the average changes in these values a user experiences on a plan (the “Services”).
How does FitnessPlans collect your Biometric Data? When you sign up for a FitnessPlans account, you will be provided with the opportunity to sync Apple Health information. FitnessPlans collects that Biometric Data and then encrypts and stores it on FitnessPlans’s data servers, which FitnessPlans will use to track changes in Biometric Data during the use of a plan. FitnessPlans does not collect, capture, receive or otherwise obtain your Biometric Data without notifying you in writing in advance or without your consent or without the consent of your legally authorized representative. You may decline to provide your Biometric Data. However, if you decline to provide Biometric Data, certain Services that require the use of such data will become unavailable to you. You may also experience a loss of functionality of some or all of the Services that we provide.
Is your Biometric Data secure? FitnessPlans takes your Biometric Data security seriously. FitnessPlans implements industry-standard data security technology to ensure that your Biometric Data is as secure as possible.
How does FitnessPlans use your Biometric Data? Biometric Data is anonymously aggregated together for each plan provided to FitnessPlans users. Users can review this information to predict the changes in weight, body fat, and lean mass for any plan.
Does FitnessPlans share or sell your Biometric Data? FitnessPlans does not sell, lease, or trade your Biometric Data to any third parties or derive any profit in such a manner. FitnessPlans may work with certain third parties to provide the Services to you, but only as necessary to provide you with such Services. FitnessPlans only shares your Biometric Data with a third party where the third party has a legitimate need related to delivering the Services to you. FitnessPlans has agreements with any third parties that will receive your Biometric Data that requires them to keep your Biometric Data secret and secure. We do not disclose, re-disclose or otherwise disseminate your Biometric Data without your request or consent or without the request or consent of your legally authorized representative. However, in certain specific instances, we may be compelled to disclose your Biometric Data in cases where such disclosure or re-disclosure is required by State or federal law, or municipal ordinance, or when required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
How long does FitnessPlans keep your Biometric Data? In order to deliver the Services to you, FitnessPlans stores and uses your Biometric Data as long as you have an account with FitnessPlans. You may request that we delete your Biometric Data by notifying us at email@example.com.
What happens to your Biometric Data after you close your account? After you close your account (or your account automatically closes), FitnessPlans will keep your Biometric Data on file for up to ten years. FitnessPlans will permanently destroy your Biometric Data on or before the ten-year anniversary of the date that you cancel your account. After your account is closed, you will need to re-enroll and provide your Biometric Data to FitnessPlans again before you can use the Services.