SECTION 1 — OWNERSHIP AND USE OF PERSONAL DATA
1.1 General Provisions:
c. Registration is not mandatory to access the public areas of the FMF Website. Registration is, however, required for access to certain areas of the Website and various FMF features and services.
d. Users registering to receive a User Account on the Website will be provided with a username and will select a password for purposes of accessing their account and the portions of the Website available to registered Users. When accessing the portions of the Website available to registered Users, Users may be required to provide their username and password.
e. FMF may also collect non-personally identifiable information by way of FMF servers automatically recognizing and collecting certain non-personally identifiable information regarding visitors to the Website and users of the various associated features and services, including by way of example, IP address, browser type, and other information regarding the system and connection of each visitor or user. FMF also collects information about how visitors access and use the Website, including by way of example what pages of the Website are viewed and what portions of features and services are used. This information allows FMF to improve the content of the Website and its associated features and services, facilitate research and analysis of the Website and its associated features and services, and develop and refine FMF’s offerings. There may be times when FMF utilizes the services of a third party to help us understand this information better, although the information that is disclosed to these third-party entities shall remain at all times in non-personally identifiable form.
1.2 Categories of Personal Data Collected: FMF may collect the following types of Personal Data from registered Users:
a. Personal identifiers such as a real name, an alias, physical address, mailing address, internet protocol address, email address, User Account name, social-security number, driver’s license number, passport number, and/or other similar identifiers;
b. Mobile-phone number;
c. Personal information categories listed in the California Customer Records Statute pursuant to Cal. Civ. Code § 1798.80(e);
d. Characteristics of protected classifications under California or federal law;
e. Commercial information, including records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
f. User-specific internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a User’s interaction with an internet website, application, or advertisement; and/or
g. Professional or employment-related information.
1.4 FMF collects Personal Data in furtherance of ensuring good User experiences on the Website, including for the following purposes:
a. Developing, improving, operating, providing, maintaining, auditing, or servicing User Accounts; and
b. Predicting User preferences in order to enhance User experiences on the Website, to provide enhanced customer service, and to process transactions by verifying identities and processing payments; and
c. Communicating with Users by email and texting, verifying User identities and contact information, and providing general Customer Support services, including the enforcement of the FMF Terms of Service; and
d. Maintaining, debugging/repairing, and/or enhancing FMF’s Website and associated services and features; and
e. Conducting consumer research for the development of future products and services to be offered by FMF; and
f. Detecting and investigating security incidents in order to guard against fraudulent, malicious, deceptive, and/or illegal activity, referring those responsible to appropriate law-enforcement authorities; and
g. Ensuring compliance with all applicable laws, regulations, rules, and law-enforcement and/or governmental-agency requests for information (as prescribed by applicable laws and/or lawful subpoenas).
1.5 FMF shall not use Personal Data for any purpose unrelated to FMF business, and shall obtain User prior consent before attempting to use the Personal Data for other purposes.
1.6 Sources of Personal Data: FMF gathers User Personal Data from the following sources:
a. Directly from Users; that is, when a User provides FMF their Personal Information directly as part of the User-Account-Registration process or as part of a User-Account updating process pursuant to FMF’s Terms of Service; and/or
b. Automatically/indirectly from Users; that is, for example, as a result of a User’s use and access of the Website, which can include the collection of IP addresses and browser types from the User’s electronic devices; and/or
c. From third-party service providers who interact with Users.
1.8 Parties that FMF Shares Personal Information With: FMF may share Personal Data with the following types of entities:
a. FMF’s contracted Service Providers (e.g., Payment Providers); and/or
b. FMF’s affiliates, which can include related companies and/or joint-venture partners; and/or
c. Authorized government agencies and/or regulators, when: (i) permitted or required to do so by law, (ii) in response to a request from a law-enforcement agency or authority and/or any regulatory authority; and/or (iii) to protect the integrity of the Website and FMF’s interests, rights, property, or safety, and/or that of FMF’s Users. It should be noted that although FMF makes every reasonable effort to preserve User privacy, FMF may need to disclose personally identifiable information of certain Users to comply with a judicial proceeding, court order, or other legal process. In such situations, FMF will use reasonable efforts to provide an affected User prior notice of this disclosure, to the extent reasonably possible under the circumstances.
1.9 Minors: The Website and its related features and services are not directed to persons under the age of 18. FMF does not knowingly solicit or collect personal information from persons under the age of 18 years.
SECTION 2 — USER RIGHTS REGARDING PERSONAL INFORMATION
2.1 Users enjoy certain rights regarding the collection and processing of Personal Data. To the extent they are applicable, Users may exercise these rights by contacting FMF via email at firstname.lastname@example.org.
2.2 User rights regarding their Personal Data can vary, depending on the applicable laws and jurisdiction. Such rights may include the following:
a. The right to know whether, and for what purpose(s), Users’ Personal Data is collected and processed, as well as specifically what Personal Data is collected;
b. The right to know the source of Personal Data that FMF gathers about its Users;
c. The right for a User to access, modify, and correct their Personal Data;
d. The right to know with whom FMF has shared User Personal Data with, for what purpose(s), and what Personal Data has been shared (including whether Personal Data was disclosed to third parties for their own direct marketing purposes);
e. The right for a User to withdraw their consent to share Personal Data (though this could affect whether the User can remain registered to use the Website);
f. The right to file a complaint to applicable legal/governmental authorities where an alleged violation of Privacy Laws has occurred; and
g. Other applicable statutory rights as defined in specific jurisdictions, including the States of California and Nevada (see Sections 2.3 and 2.4, respectively).
2.3 California Privacy Rights: California’s “Shine the Light” law, permits Users who are California residents to request and obtain from FMF a list of what Personal Data (if any) has been disclosed to third parties for direct-marketing purposes in the previous calendar year and the names and addresses of those third parties. Generally, this California statute will not apply to FMF, as other than transmittal of payment details to Payment Providers, as discussed in the Terms of Service followmyfitness.com/Terms. FMF does not share any Personal Data with third parties. A request for this information from FMF may be made only once per year per User by emailing the request to email@example.com, and such requests will be fulfilled free of charge. Moreover, the California Consumer Privacy Act (“CCPA”) provides Users who are California residents the following additional rights:
a. Right to Know: A User has the right to request that FMF disclose certain information to the User about the Personal Data that FMF collected, used, disclosed, and sold about the User in the past 12 months, including a request to know any or all of the following:
(i) The categories of Personal Data collected about the User;
(ii) The categories of sources from which FMF collected the User’s Personal Data;
(iii) The categories of Personal Data that FMF has sold or disclosed about the User for a business purpose;
(iv) The categories of third parties to whom the User’s Personal Data was sold or disclosed for a business purpose;
(v) FMF’s business or commercial purpose for collecting or selling the User’s Personal Data; and
(vi) The specific pieces of Personal Data that FMF has collected about the User.
b. Data Portability: You have the right to request a copy of personal data we have collected and maintained about you in the past 12 months.
c. Right to Deletion: A User has the right to request that FMF delete the Personal Data that FMF collected from the User and maintained, subject to certain exceptions. Please note that if a User requests deletion of their Personal Data, FMF may deny the User’s request or may retain certain elements of the User’s Personal Data if it is necessary for FMF or FMF’s service providers to:
(i) Complete the transaction for which the Personal Data was collected, provide a good or service requested by the User, or is reasonably anticipated within the context of FMF’s ongoing business relationship with the User, or otherwise perform a contract between FMF and the User; and/or
(ii) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; and/or
(iii) Debug to identify and repair errors that impair existing intended functionality of the Website and/or the User Account; and/or
(iv) Exercise free speech, ensure the right of another User to exercise his or her right of free speech, or exercise another right provided for by law; and/or
(v) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code; and/or
(vi) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the Personal Data is likely to render impossible or seriously impair the achievement of such research, if the User has provided informed consent to such uses; and/or
(vii) Enable solely internal uses that are reasonably aligned with the User’s expectations based on the User’s relationship with FMF.
(viii) Comply with a legal obligation; and/or
(ix) Otherwise use the Personal Data, internally, in a lawful manner that is compatible with the context in which the User provided the information.
d. Right to Opt-Out/In: A User has the right to opt-out of the sale of their Personal Data. A User also has the right to opt-in to the sale of Personal Data. FMF, however, does not sell User Personal Data to third parties.
e. Right to Non-Discrimination: A User has the right not to receive discriminatory treatment by us for the exercise of their CCPA privacy rights. Unless permitted by the CCPA, FMF shall not:
(i) Deny a User goods or services; or
(ii) Charge a User different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or
(iii) Provide a User a different level or quality of goods or services; or
(iv) Suggest that the User may receive a different price or rate for goods or services or a different level or quality of goods or services.
f. For a User to exercise their California privacy rights as described above, the User must submit a verifiable request to FMF via email at firstname.lastname@example.org.
2.4 Nevada Privacy Rights: Nevada law permits Users who are Nevada residents to explicitly request that their Personal Data not be sold (as defined under applicable Nevada law), even if their Personal Data is not currently being sold. Such requests may be emailed to email@example.com, and the processing of such requests are free of charge.
2.5 Privacy Rights for the European Union and the UK: The European Union and the United Kingdom (UK) have privacy laws that provide individuals with some enhanced rights with respect to their Personal Data. Users have the right to enforce these rights by submitting such requests via email to firstname.lastname@example.org, and the processing of such requests are free of charge. These rights may include, depending on the circumstances surrounding the processing of personal data:
a. The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on the User; and
b. The right to request restriction of the processing of Personal Data or object to the processing of Personal Data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct-marketing purposes), or (ii) performance of a task in the public interest; and
c. In certain circumstances, the right to Personal Data portability, which means that a User can request that FMF provide certain Personal Data that FMF holds about the User in a machine-readable format; and
d. In certain circumstances, the right to erasure and/or the right to be forgotten, which means that a User can request deletion or removal of certain Personal Data that FMF processes.
SECTION 3 — ACCESS TO AND CORRECTION OF PERSONAL DATA
3.1 Users should periodically review their Personal Data by logging into their User Account to ensure that the information is accurate and up-to-date. Requests to correct or modify a User’s Personal Data can be emailed to email@example.com.
3.2 Time-Span Limit on Request for Information on Personal Data: Any request from Users (or their authorized and verified agents) to obtain copies of Personal Data gathered on them pursuant to Section 2, above, shall be limited to the prior twelve (12) months as of the date of the request.
3.3 FMF shall endeavor to satisfy requests for Personal-Data requests, including data portability requests, as described in Section 2 above as soon as practicable, and within sixty (60) days of receiving the request.
SECTION 4 — USER CHOICES IN THE COLLECTION OF PERSONAL DATA
4.1 A User can opt-out or opt-in with respect to certain Personal Data collection and communications by FMF. A User can decline to provide Personal Data and/or in certain cases configure their web browser to prevent the automatic collection of certain information. However, doing so may prevent FMF from providing the User access and/or the ability to interact with the Website access and its various features and services. Among the choices a User has to limit the collection of Personal Data, include:
a. Email-Communications Opt-Out: A User can opt-out of receiving email communications from FMF at any time by: (i) following the opt-out link or other unsubscribe instructions provided in any email message received; or (ii) by contacting FMF via email at firstname.lastname@example.org; or (iii) by changing the User’s notification preferences in the User’s Account Profile Settings. It is important to note, however, that if a User initiates certain business transactions with FMF, then FMF will necessarily need to communicate with the User and so it may not be possible to opt-out of those types of communications.
(i) Saving user preferences;
(ii) Customizing content of the Website and/or related features and services;
(iii) Ensuring that Users are not repeatedly sent the same banner ads/messages;
(iv) Recording User-session information;
(v) Saving certain non-personally identifiable information about Users and other visitors of the Website; and
(vi) Facilitating and enhancing interaction with the Website and/or related features and services.
"Web beacons" (also known as "single-pixel" or "clear" GIFs) include electronic images embedded in the Website or sent in communications that are invisible to Users. Web beacons collect information, such as identifiers, time and date of access, and descriptions of the pages or communications in which the web beacons are embedded. The Website and FMF’s communications may include web beacons. FMF may use web beacons on the Website and/or related communications for various purposes, including, by way of example, to track Users who have visited the FMF Website or accessed FMF communications.
Most browsers will allow a User to erase cookies from your computer hard drive, block acceptance of cookies, and/or receive a warning before a cookie is stored on their computing device. A User may also be able to refuse certain web beacons by adjusting the settings on their Web browser or email software. Users should refer to their Web-browser and/or email-software instructions and/or help screen to learn more about these functions to opt-out of cookies or web beacons.
c. Location Information: If a User desires to limit or prevent FMF’s ability to receive location information from the User, then the User can deny or remove the permission for certain Website functionality and services to access location information and/or deactivate location services on the User’s computing device. Users should refer to their computing device’s web-browser and/or operating-system instructions to ascertain how to accomplish this.
SECTION 5 — PROTECTION AND RETENTION OF PERSONAL DATA
5.1 FMF uses commercially reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of FMF systems and to protect the confidentiality, integrity, availability, and resilience of Personal Data. Those safeguards include: (i) the encryption of Personal Data where FMF deems appropriate; (ii) taking steps to ensure that Personal Data is backed up and remains available in the event of a security incident; and (iii) periodically testing, assessing, and evaluating of the effectiveness of FMF safeguards.
5.2 However, no method of safeguarding information is completely secure. While FMF uses reasonable measures designed to protect Personal Data, FMF cannot guarantee that FMF safeguards will be fully effective or sufficient. In addition, Users should be aware that Internet-data transmission is not always secure, and as such, FMF cannot warrant that information transmitted by Users via the Website or related features and services is or will be secure.
5.3 FMF retains Personal Data for a period of 24 months after a User closes their User Account, and certain Personal Data for longer periods to the extent that FMF considers necessary to carry out the processing activities described above, including, but not limited to, compliance with applicable laws, regulations, rules and requests of relevant law-enforcement and/or other governmental agencies, and to the extent FMF reasonably determines necessary to protect FMF’s rights, property, or safety, as well as the rights, property, and safety of FMF’s Users and/or other third parties.
5.4 In certain jurisdictions, FMF may be required to retain certain financial-transaction information for up to seven (7) years.
SECTION 6 — EFFECT OF TRANSFER OF OWNERSHIP OF THE WEBSITE
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