Privacy Notice

Table of Contents

  • Introduction

  • Information We Collect

  • Information You Provide Us Directly

  • Information We Gather From Your Use of Our Service

  • How We Store Your Information

  • How We Use the Information

  • Cookie Policy: Cookies & Other Tracking Technologies

  • How We Share & Disclose Information to Third Parties

  • Security of Your Personal Information

  • Your Privacy Rights

  • International Data Transfer

  • California Residents

  • Children

  • Third-Party Links

  • Changes to This Privacy Notice

  • Contact Us

Last updated: September 10, 2018

Welcome to fitDEGREE! Your Privacy is very important to us and fitDEGREE, LLC, a Delaware limited liability company (“fitDEGREE”, “we”, “us”, and “our”), is committed to conducting our business in accordance with privacy principles in order to ensure that the confidentiality of personal information is protected and maintained.

This Privacy Notice applies to the fitDEGREE Websites (www.fitdegree.com); our mobile website and any other web-based platforms; the fitDEGREE Mobile Application and the fitDEGREE Administrator Platform (collectively, the “Websites”) and governs our data collection, processing and usage. Access to and use of the Websites, and the services provided on the Website (collectively, the “Service”), will be subject to this Privacy Notice as set forth below.

Information We Collect

We gather various types of information, including information that identifies you as an individual (“Personal Information”) from our users, as explained in more detail below.

Information You Provide Us Directly

Registration information. When you create or reconfigure an account, you provide us with Personal Information, such as your name, birthday, password and email address. Some of this information, for example, your name, may be listed publicly on our Service, including on your profile page and in search results (if applicable). We will not share your email address or password. In order to register for an account to use our Services, you will be asked to set up a new account with, at a minimum, your first name (last name optional), email address, password, gender and birthday.

Profile information. You may further provide us with additional optional profile information to make public, such as your last name, a short description of yourself, your location and/or a picture. You may also provide information to customize your account, such as a cell phone number for the delivery of short message system (“SMS”) or text messages, from either fitDEGREE or another user/studio. We may use your contact information to send you information about our Service or to market to you. We may also use your contact information, with your express consent, to connect you with other “friends” you may have using the fitDEGREE Services.

Although you are not required to provide us with a location, the Service may not function properly without providing us with a location. Your location enables us to suggest fitSPOTS, the studio locations, near you. If you do not provide us with a location you may, however, still be able to use the app to find where fitSPOTS are located near you by using the spotlight search feature within the app.

You may use your account settings to customize notifications from fitDEGREE. Each notification can be individually turned off in your profile on the fitDEGREE App

Social Media Information. You may provide us with your information from your Facebook, Twitter, Instagram or other social media account (“Social Media”) in order to enable you to send posts and direct messages via these Social Media accounts to notify your networks of your use of fitDEGREE. If you elect to provide us with your Social Media accounts, you authorize us to access certain Social Media account information, including your social media handle, user name and geo-location. By allowing us to access your Social Media accounts, you understand that we will obtain and share your user name and a profile picture from each account with other users. All data shared with or processed via Social Media is subject to each Social Media provider’s Privacy Notice. You can elect to “un-share” this information with us by changing the settings in your fitDEGREE profile.

Location Information. You may tell us your location (but you are not required to do so) when you set your location settings via the fitDEGREE application by providing us with a general locale (e.g., New York City), or enable your computer or mobile device to send us specific location information (i.e., via a global positioning system (“GPS”)). We may use and store information about your location to provide features of our Service, to determine the appropriate content to show you, and to improve and customize the Service.

Communications between you and other fitDEGREE users. The fitDEGREE Mobile Application allows you to communicate directly with other fitDEGREE users through the Mobile Application. Copies of communications between users will be stored on fitDEGREE’s servers and displayed on user’s phones. You may delete communications between individual users and group communications. In order to permanently delete this communications, you can contact fitDEGREE at support@fitdegree.com.

Communications between you and fitDEGREE. If you email us, we may keep your message, email address and contact information to respond to your request. Providing the additional information described in this paragraph is entirely optional. We may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices), and we may collect and store these communications. Note that you may not opt out of Service-related emails from us.

You can control the use of the information you provide us by changing your Privacy Settings in your profile, as described below under “Your Privacy Rights”.

Information We Gather From Your Use of Our Service

Analytics. We use third-party analytics tools to help us measure traffic and usage trends and other Non-Personal Information for the Service (e.g. date and time when you log in and log out of the app) (“Third-Parties”). These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assist us in improving the Service. We collect and combine this analytics information with analytics information from other users so that it cannot be used to identify any particular individual user. For further information on how we share information with third-parties, see below.

Metadata. Metadata is usually technical data that is associated with other data, including content. For example, metadata can describe how, when and by whom a piece of content was collected and how that content is formatted. We may store metadata to provide you with particular services. The collection, use, and storage of this metadata can be controlled as described below in the “Cookie Policy.”

Device Identifiers. For each device you use to access our Service (e.g., laptop computer, mobile phone, tablet), we may access, collect, monitor, store on your device, or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your device, which uniquely identify your 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 fitDEGREE. In the alternative, a device identifier may be a serial number or other identification associated with a particular type of device or part that is unique to your device (e.g., a “media access control” number or “MAC”) that we store to identify and differentiate different devices. A device identifier may be used to deliver information to us or to a third-party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled. The collection, use, and storage of these device identifiers can be controlled as described below in the “Cookie Policy.”

Log Data. Our servers automatically record information ("Log Data") created by your use of the Service. Log Data may include information such as your Internet Protocol (“IP”) address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Service, for example, when you visit our website, sign into our Service or interact with our email notifications. fitDEGREE uses Log Data to provide our Service and to measure, customize, and improve the Service. The collection, use, and storage of this Log Data can be controlled as described below in the “Cookie Policy.”

How We Store Your Information

We provide the Service from within the United States, and we store all Personal Information that we currently collect, process, and retain on servers located within the United States. In the future, we reserve the right to store Personal Information on servers located outside the United States.

Privacy laws outside of the United States may be more stringent than the privacy laws within the United States that apply to fitDEGREE. By providing fitDEGREE with your Personal Information, you consent to the storage and processing of your personal information in the United States as further stated in the current version of this Privacy Notice. fitDEGREE reserves the right to update its Privacy Notice from time to time.

Certain types of content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, or other Personal Information about you or others. By using our Service, or by submitting your Personal Information to us, you consent to the collection, storage, processing and onward transfer of your Personal Information as stated in the current version of this Privacy Notice and the current version of the Terms of Use (“Terms”).

How We Use the Information

We only share your Personal Information in the following limited circumstances:

With Your Consent. We will share Personal Information with companies, organizations or individuals outside of fitDEGREE when we have your consent to do so.

Other fitDEGREE Users. Each user is sharing personal information with us. This allows users to connect with others (“make friends”) and invite friends to classes. You are solely responsible for your interactions with other users, and to protect your own well-being and safety. fitDEGREE does not conduct background checks or screen its users. fitDEGREE is not responsible for the conduct of any user. You agree to take all necessary precautions in any interaction with another user. Accordingly, we suggest that the first several meetings and work-outs should be in public locations that are frequented by large numbers of people. During the first few meetings and work-outs you should not share more personal information than you need to.

If you provide fitDEGREE with a phone number or other contact information, we may use your contact information to connect you with other “friends” you may have using the fitDEGREE Services with your express consent. You can control the use of your contact information in this manner by changing the settings of your profile.

Affiliates of fitDEGREE. We may share your Personal Information with our fitDEGREE affiliates (meaning entities controlled by, controlling or under common control with fitDEGREE) as necessary to provide the Service.

Advertisers. fitDEGREE currently permits advertising through our Service. To the extent we display advertising on fitDEGREE, we may allow advertisers and advertising networks to collect information about your mobile device (including mobile device IDs), activities, and geographic location to enable them to display targeted ads to you. We will not provide any personally identifiable information (such as your name or email address) to advertisers. Some advertisers may contact users outside of the fitDEGREE mobile app. You can control the collection of information by Advertisers through your profile and under the “Cookie Policy” below.

Service Providers. We may employ third party companies and individuals to facilitate our Service (e.g., maintenance, analysis, audit, marketing and development). These third parties may have limited access to your information only to perform these tasks on our behalf and are obligated to fitDEGREE not to disclose or use it for other purposes.

Required by Law. We may access, preserve and share your Personal Information in response to a legal request (like a search warrant, court order or subpoena). We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

Change of Control/Business Transfers. If we sell or otherwise transfer part or the whole of fitDEGREE or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your Personal Information such as user name and email address, Content and any other information collected through the Service may be on of the assets sold or transferred to a third party. Any such sale, transfer, or otherwise sharing of our assets shall be subject to the restrictions of this Privacy Notice and any applicable data protection laws. You will continue to own your Content, but the license you granted in the Terms may be transferred to others.

Non-Personal Information. We may share aggregated information that is not personally-identifiable information (“Non-Personal Information”) publicly and with publishers, marketers, advertisers or connected sites. For example, we may share Non-Personal Information publicly to show trends about the general use of our services. Non-Personal Information includes collective information about multiple users that does not reflect or reference an individually-identifiable user.

Additional Disclosures. We reserve the right to disclose personal information about you with your permission, as required by law, as necessary to enforce our Terms of Service or Privacy Notice, to investigate or defend against third-party claims or allegations, to protect the security and integrity of our Services and property, to protect our rights or personal safety and that of our users or others and to respond to valid requests by public authorities, including to meet national security or law enforcement requirements.

Other. In addition to some of the specific uses of information we describe in this Privacy Notice above, we may use your Personal Information that we receive to:

help you efficiently access your information after you sign in.

remember information so you will not have to re-enter it during your visit or the next time you visit the Service. provide personalized content and information to you and others, which, in the future, could include online ads or other forms of marketing.

provide, improve, test, and monitor the effectiveness of our Service.

develop and test new products and features.

monitor metrics such as total number of visitors, traffic, and demographic patterns.

diagnose or fix technology problems.

Cookie Policy: Cookies & Other Tracking Technologies

Our Websites may use “cookies” and other tracking mechanisms (e.g., device identifiers, metadata and Log Data) to collect information about you when you visit our Websites. Certain of those cookies (noted below) are necessary for the functioning of the Websites and Services, and as such, cannot be denied if your visit and/or use the Websites or Services. For permissive cookies (noted below), you can control the use of those permissive cookies directly via your browser settings. Below are links to instructions for certain browsers on how to manage cookies.

About cookies. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies.

Cookies that we use. As explained in more detail below, fitDEGREE and certain third-parties may send one or more cookies to your browser to help customize your experience on our Websites or Services or to provide you with ads that may be of interest to you.

We use cookies for the following purposes:

Authentication and Personalization - we use cookies to identify you when you visit our Websites and as you navigate our Websites and Services and to store information about your preferences and to personalize our Websites and Services for you.

Security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our Websites and Services generally.

Advertising - we use cookies to help us to display content that will be relevant to you.

Analysis - we use cookies to help us to analyze the use and performance of our Websites and Services.

The fitDEGREE cookies you may encounter on our Websites and Services include, but are not limited to:

  • www.google.com (analysis)

  • studio.fitdegree.com (to track unique views and conversions on our marketing website)

  • googleusercontent.com (to track unique views and conversions on our marketing website)

  • api.leadpages.io (to track unique views and conversions on our marketing website)

  • fitdegree.lpages.co (to track unique views and conversions on our marketing website)

You may review the cookies in use by fitDEGREE and third-party service providers at any time by viewing site information from your browser. This is typically displayed to the left of the address bar of your browser.

Managing cookies. Most browsers allow you to refuse or accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. Blocking all cookies will have a negative impact upon the usability of many websites. You are able to control and manage cookies directly through your browser settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of our Websites. The settings to change the cookies will typically be found in the "options" or "preferences" menu of your browser. Please refer to your browser's privacy or help documentation to find instructions for blocking or deleting cookies in your browser. In order to understand these settings, the following links may be helpful.

Strictly Necessary Cookies: fitDEGREE’s Websites use cookies that are strictly necessary to the provision of the Services. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you on the Website. These cookies include:

  • studio.fitdegree.com (functionality and security)

  • Permissive Cookies: These cookies are not necessary to the functioning of the website and a visitor to the Websites must opt-in to the use of these cookies.

  • www.google.com (analysis)

  • googleusercontent.com (analysis)

  • api.leadpages.io (to track unique views and conversions on our marketing website)

  • fitdegree.lpages.co (to track unique views and conversions on our marketing website)

How We Share & Disclose Information to Third Parties

We do not rent or sell your Personal Information to anyone. We may share your information with third party vendors, consultants and other service providers (“Service Providers”) who we employ to perform tasks on our behalf. These companies include (for example) our payment processing provider (“Splash Payments”, described below), website analytics companies (e.g., Google Analytics, and Facebook Pixel, both described below), product feedback or help desk software providers, CRM service providers (e.g. “Drip”, with their Privacy Policy available here, and “Infusionsoft”, with their Privacy Policy available here), email service providers, text messaging service providers (e.g. “Twilio”) and others.

We utilize Google Analytics, a web analysis service provided by Google, to better understand your use of our Websites and Services. Google Analytics collects information such as how often users visit the Websites, what pages they visit and what other sites they used prior to visiting. Google uses the data collected to track and examine the use of the Websites, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Websites to contextualize and personalize the ads of its own advertising network. Google’s ability to use and share information collected by Google Analytics about your visits to the Websites is restricted by the Google Analytics Terms of Use and the Google Privacy Notice. Google offers an opt-out mechanism for the web available here.

We use Facebook Pixel to measure, optimize and build audiences for our Services. When you visit our Websites and take an action (i.e., signing up to fitDEGREE, signing up for studio classes), the Facebook Pixel tracks this action and reports this non-identified information to fitDEGREE to create tailored marketing initiatives. If a user visits our Websites or Services via a conversion from Facebook, Facebook may collect, process, and store information related to that user in the form of a cookie or other type of mechanism in order to optimize the delivery of future advertisements. For additional information regarding how Facebook Pixel collects, processes, and stores Personal Information, please visit the Facebook Privacy Policy.

We use Leadpages to generate leads and provide other conversion pages to our Websites and Services. If a user visits our Websites or Services via a conversion from Leadpages, Leadpages may collect, process, and store information related to that user in the form of a cookie or other type of mechanism. For additional information regarding how Leadpages collects, processes, and stores Personal Information, please visit their Privacy Policy.

We utilize Amazon Web Services (“AWS”) and MySQL Workbench (“MySQL”) to store Personal Information. Neither AWS nor MySQL have access to this Personal Information and any processing and/or accessing of Personal Information is controlled solely by fitDEGREE.

We use Splash Payments to process payment information for users of our Services. fitDEGREE does not collect, process, access or store any payment card information. When a user inputs credit card information into the fitDEGREE Website or App, it is entered directly into an embedded Splash Payments’ portal directly on the fitDEGREE interface. Information is being transferred via a secure connection to Splash Payments servers. fitDEGREE is provided with a token representing that information in exchange, which fitDEGREE refers to for future purchases. Additional information regarding Splash Payments and its processing of Personal Information can be found in their Splash Payments Privacy Policy.

We do not share any Personal Information with these Service Providers without your express consent, which can be reviewed and changed in your user profile.

Security of Your Personal Information

We take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, and implement appropriate technical, physical and organizational measures to ensure an appropriate level of security to protect the personal information that we collect and process, both while in transit and while in storage. No method of transmission over the Internet or method of electronic storage is 100% secure, however. Therefore, while we use reasonable security safeguards to protect your personal information, we cannot guarantee absolute security.

Your Privacy Rights

You can always opt not to disclose information to fitDEGREE. However, some information may be needed to use our Services. Profile Privacy Settings. Any information or content that you voluntarily disclose for use of the Service, such as your name or your Personal Information, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared your Personal Information, or otherwise made it public, that Personal Information may be re-shared by others.

Cookies. You can accept or reject cookies through adjusting the settings in your browser, as described above. Marketing Communications. At any time, you can withdraw your consent and opt-out of receiving promotional or marketing communications from fitDEGREE at any time, by using the unsubscribe link in the emails communications or by emailing us at support@fitdegree.com.

If you have any account for our Services, fitDEGREE will continue to send you non-promotional communications, like service related emails.

Exercising Your Data Subject Rights. You have the right to access, review, update, rectify, and delete any Personal Information that fitDEGREE holds about you, or exercise any other data subject rights available to you under applicable data protection laws. In order to exercise your data subject rights, you can submit a request via support@fitdegree.com. fitDEGREE’s Privacy Team will review any request and respond within a reasonable time.

De-Identified Personal Information. Please note that we may still use any aggregated and de-identified Personal Information that does not identify any individual. fitDEGREE will also retain any Personal Information to the extent necessary to comply with fitDEGREE’s legal obligations, resolve disputes, and enforce fitDEGREE’s agreements, as outlined in this Privacy Notice.

International Data Transfer

Personal Information you submit on the Websites or through the Services is transferred to the United States and will be primarily processed and stored by us in the United States. If you choose to use our Websites or Services from regions outside the United States that have laws governing data collection and use that differ from U.S. law, you acknowledge and agree that you are transferring personal information outside of that region to the United States and, by providing such information, you consent to the use of your personal data as identified in this Privacy Notice and the transfer of your personal data to the United States.

California Residents

California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to support@fitdegree.com or send the request to

fitDEGREE, LLC Attention: Privacy 591 Mantua Blvd | Suite 201 Sewell, NJ 08080 U.S.A.

Pursuant to the relevant California Civil Code, fitDEGREE does not share users’ Personal Information with affiliate companies or others outside fitDEGREE for those parties’ direct marketing use unless a user elects that we do so.

Children

We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under the age of 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at support@fitdegree.com.

Third-Party Links

The Websites may contain links to other sites that users may find interesting. Please be aware that we are not responsible for the privacy practices of such other sites, including their views or the accuracy of information contained on their site or servers. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Notice applies solely to information collected by our Website, Application or Services.

Changes to This Privacy Notice

We reserve the right to change or modify this Privacy Notice from time to time. We will alert you to material changes by, for example, placing a notice on our Websites and/or by sending you an email (if you have registered your email details with us) when we are required to do so by applicable law. You can see when this Privacy Notice was last updated by checking the date at the top of this page. You are responsible for periodically reviewing this Privacy Notice.

Contact Us

If you have any questions or concerns regarding our Privacy Notice, please contact us at support@fitdegree.com or by postal mail addressed to the following address and our Privacy team will respond within a reasonable time:

fitDEGREE, LLC Attention: Privacy 591 Mantua Blvd | Suite 201 Sewell, NJ 08080 U.S.A.