PRIVACY POLICY

Fitbase.com, Inc. (hereinafter, ‘Fitbase.com’) is committed to respecting the privacy rights of users of the Website and Fitbase.com mobile phone applications (the ‘Applications’). Fitbase.com created this Privacy Policy to explain its information collection, usage practices and protection of Your information when You visit and use the Website and Applications. Any terms capitalized, but not otherwise defined herein, shall have the respective meanings set forth in the Fitbase.com Terms of Use.



This Privacy Policy is only applicable to the Website and Applications, and does not apply to any websites or applications that are owned or operated by third-parties (‘Third-Party Websites/Applications’), which may have data collection, storage and usage practices, and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites/Applications, below.



BY USING THE WEBSITE AND/OR APPLICATIONS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE AND/OR APPLICATION.

INFORMATION COLLECTION PRACTICES

Traffic Data. Fitbase.com automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively ‘Traffic Data’). Traffic Data is anonymous information that does not personally identify You.



Cookies. A "Cookie" is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. Fitbase.com uses Cookies to customize Your experience on the Website to Your interests, to ensure that You do not see the same advertisements or informational messages repeatedly, and to store Your password so You do not have to re-enter it each time You visit the Website. In addition, Fitbase.com may use Cookies, and other methods, to store and retrieve data from Your web browser. For additional information on Fitbase.com's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data



IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES.



Web Beacons. ‘Web Beacons’ (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar to Cookies in function, and are used to track the online movements of web users or to access Cookies. Unlike Cookies, which are stored on the user's computer hard drive, Web Beacons are embedded invisibly on web pages (or in e-mail). Web Beacons may be used to deliver or communicate with Cookies, count users who have visited certain pages and understand usage patterns. For additional information on Fitbase.com's usage of Web Beacons, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies and Web Beacons, below.



Mobile Device Data. When users download, install and use the Applications on their mobile phone or other wireless telecommunications device, Fitbase.com automatically gathers information, including without limitation, carrier providers, a unique device identifier, geo-location information (if allowed by the user), the types of mobile devices accessing the Application, and the types of operating systems accessing the Applications (collectively, ‘Mobile Device Data’). A unique device identifier is a string of alphanumeric characters (similar to a serial number) used to uniquely identify and distinguish each mobile phone or other wireless communications device. Location services can be enabled or disabled at anytime through the mobile device settings. Fitbase.com uses Mobile Device Data to understand usage patterns and to improve the Applications. For additional information on Fitbase.com's usage of Mobile Device Data, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, Web Beacons, and Mobile Device Data, below.



Ad Serving and Usage Analytics. Fitbase.com uses third-parties for advertising and usage analytics for the Website and Applications. These third-parties may place Cookies on Your machine, use Web Beacons, gather Personal Information (as defined below), Traffic Data and Mobile Device Data, and log data to collect traffic and activity data in order to deliver relevant metrics, content and advertising. We do not share your non-public Personal Information with these parties, but we may share anonymized or aggregated information with them to improve the relevancy of the ads you see at Fitbase.com. The collection of this information by third-parties is subject to such third-parties' privacy policies. For additional information, see the section concerning Third-Party Websites/Applications, below. With regard to advertising on the Website, to learn more about behavioral advertising practices or to opt-out of this type of advertising, visit networkadvertising.org, aboutads.info, and jumptap.com



Personal Information. You will be asked to provide certain information related to You (‘Personal Information’) to Fitbase.com. Personal Information includes, without limitation: (1) ‘Contact Data’ (personally identifiable information about You such as Your name and email address as well as Your friends and contacts, if you enable access to Your contacts and address book information); and (2) ‘Demographic Data’ (personal information about You, but doesn't specifically identify You) such as gender, birthday, zip code, country, height, weight, lifestyle and exercise frequency; and (3) ‘Fitness Data’ information about Your usage of the Services (but doesn't specifically identify You) such as calorie intake, nutritional statistics, fitness activity and weight loss/gain. The Personal Information you provide is used for purposes such as allowing you to set up a user account and profile, providing the Website and/or Applications and related services, monitoring and improving the content and usage of the Website and/or Applications, interacting with the Website and/or Applications and with your friends and other members, to find and connect with Your friends and other members (when instructed by You), customizing the advertising and content you see, communicating with you about new features and other news, and any other purpose for which the information was collected. We may also draw upon this Personal Information in order to adapt the Website and/or Applications to your needs, to research the effectiveness of our Website and/or Applications, and to develop new tools for our members..



You are under no obligation to provide Personal Information, however, not providing this information may prevent You from using certain features of the Services.



Third-Party Services. If you create an account using Your login/ID from a Third-Party Service like Facebook, Fitbase.com will use Your login/ID to access and collect the information that Your privacy settings on that Third-Party Service permits, to further create Your account and connect You with Your friends.



Information You Make Public. Certain portions of the Website and Applications, such as our community forums and Your personal profile, are open to any viewer. Any information You post in these locations may be available and accessible to other members of the Website. In addition, the Website contains features that permit You to upload, post, transmit, display, perform or distribute content, information or other data, including Your Personal Information. Any information that You choose to disclose by means of such features becomes public. You should exercise caution while deciding to disclose Your Personal Information by means of such features, and You agree to assume all responsibility for doing so.



Transfer of HealthKit Data. You can choose to connect and share your Fitbase.com information with HealthKit and your HealthKit information with Fitbase.com. The information you provide to HealthKit is then governed by the Apple Terms and Conditions and Privacy Policy. The unique information you choose to send from HealthKit is not used by Fitbase.com for marketing and advertising or transferred by Fitbase.com to third-parties for marketing and advertising.



INFORMATION USE AND DISCLOSURE PRACTICES

Traffic Data and Information Gathered Using Cookies, Web Beacons and Mobile Device Data.



Fitbase.com analyzes Traffic Data and information gathered using Cookies, Web Beacons and Mobile Device Data to help Fitbase.com better understand who is using the Website and/or Applications and how they are using. By identifying patterns and trends in usage, Fitbase.com is able to better design the Website and Applications to improve Your experience, and to serve You more relevant and interesting content and advertisements. From time to time, Fitbase.com may release Traffic Data and information gathered using Cookies, Web Beacons and Mobile Device Data in the aggregate, such as by publishing a report on trends in the usage of the Website. In addition, Fitbase.com may share Traffic Data and Mobile Device Data and information gathered using Cookies and Web Beacons with: (1) third-party analytics companies for getting a better understanding on who is using the Website and/or Applications and how they are using; (2) advertisers and marketing partners so that such third-parties may provide You with advertisements tailored to Your interests; and (3) service providers to personalize, provide and improve our Services to Your usage and interests.



Personal Information



Contact Data. Fitbase.com uses Your Contact Data to send You information about Fitbase.com and Fitbase.com's products and services, and to contact You when necessary in connection with the Services. Fitbase.com uses Your Contact Data (when instructed by You) to connect You with Your friends and other members with whom You want to connect with, according to the preferences set in Your account.



Demographic Data. Fitbase.com uses Your Demographic Data to customize and tailor Your experience on the Website and/or Applications. As with Traffic Data and Mobile Device Data and information gathered using Cookies and Web Beacons, from time to time, Fitbase.com may release or share Demographic Data with third-parties in anonymous form and/or in the aggregate, for industry analysis, research, demographic profiling and other similar purposes. In addition, Fitbase.com shares anonymized Demographic Data with its advertisers and marketing partners so that such third-parties may provide You with advertisements tailored to Your interests. To opt-out of sharing your anonymized and Demographic Data with our advertising and marketing partners visit networkadvertising.org, aboutads.info and fitbase.com.



Fitness Data. Fitbase.com uses Your Fitness Data to provide, personalize and improve Your experience on the Website and/or Applications. As with Demographic Data and other data gathered through the Service, Fitbase.com may release or share Fitness Data with third-parties in anonymous form and/or in the aggregate, for statistical analysis, research, demographic profiling and other similar purposes. In addition, Fitbase.com may share your Fitness Data along with some of Your Demographic Data, in anonymous form and in the aggregate, with other Fitbase.com users thus allowing You and other users to compare their own personal fitness, health and wellness situation relative to the entire Fitbase.com community.



Other Disclosure Practices



Except as otherwise provided in this Privacy Policy, and when You otherwise give permission or under the following circumstances, Fitbase.com will not share Your Personal Information with third-parties.



Disclosure in Connection with Services. Fitbase.com discloses Personal Information to those who help it provide services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.



By Law or to Protect Rights. Fitbase.com discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Fitbase.com believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Fitbase.com, third-parties or the public at large.



Business Transfers; Bankruptcy. Fitbase.com reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Fitbase.com assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if You are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Fitbase.com's successor organization.

EMAIL COMMUNICATIONS FROM FITBASE.COM

In providing the Services, You may receive periodic email communications from Fitbase.com regarding the Services such as new product offers and other information regarding the Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Fitbase.com believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in Your account.

EMAIL COMMUNICATIONS FROM MEMBERS

By finding and connecting with Your friends and other members, You may receive electronic communications, including email and personal messages from other Fitbase.com members. You can manage the messages You receive from other members by changing the messaging preferences in Your account.

SECURITY OF PERSONAL INFORMATION

Fitbase.com has implemented and maintains reasonable security procedures and practices designed to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. In the event that Your Personal Information is compromised as a result of a breach of security, Fitbase.com will promptly notify You if Your Personal Information has been compromised as required by applicable law.

USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION

If You have an account, You can access and modify Your Personal Information through Your account, at any time. If you completely delete all such information, You will not be able to access or use the Website and/or Applications correctly. If You would like Fitbase.com to delete Your Personal Information from its system, please contact us at removal@fitbase.com with a request that we delete Your Personal Information from the site's database. Fitbase.com will use commercially-reasonable efforts to honor Your request and may retain an archived copy of Your records as required by law or for other legitimate business purposes.



Fitbase.com wants Your Personal Information to be complete and accurate. By using the Website and/or Applications, You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and/or Applications and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, Your Personal Information, please visit Your personal profile.

THIRD-PARTY WEBSITES/APPLICATIONS

The Website and Applications contain links to Third-Party Websites/Applications. Fitbase.com does not own or control these Third-Party Websites/Applications. Fitbase.com is not responsible for the privacy and security practices and policies of those Third-Party Websites/Applications and this Privacy Policy does not apply to any Third-Party Websites/Applications, except with respect to Personal Information provided directly to them by Fitbase.com. Before visiting or providing Personal Information to a Third-Party Website, You should inform Yourself of the privacy policies and practices (if any) of that Third-Party Website, and should take those steps necessary to, in Your discretion, protect Your privacy.

UPDATES AND CHANGES TO PRIVACY POLICY

Fitbase.com reserves the right to update, change or modify this Privacy Policy. Any material changes to this policy will be posted on the Website and/or Applications (or You may be notified by email or other notification), and will indicate when such changes will become effective. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Website and/or Application following the date in which the modified or amended Privacy Policy is posted on the Website. Usage of information, we collect now, is subject to the Privacy Policy in effect at the time it is used.

CHILDREN'S PRIVACY

Fitbase.com does not solicit or knowingly collect personally-identifiable information from children under the age of 13. If Fitbase.com obtains actual knowledge that it has collected personally-identifiable information from a child under the age of 13. Fitbase.com will promptly delete such information from its database.

INTERNATIONAL USERS

If you are located outside the United States and choose to provide Your information to Fitbase.com, Your information will be transferred to the United States and processed there (or any other country where Fitbase.com operates). By providing Your information and using the Website and/or Applications, You agree and consent to the collection, transfer, use, storage and disclosure of Your information as described in this Privacy Policy.