Everfit Privacy Policy

Everfit Privacy Policy

Last Updated: Aug 25, 2021

Introduction

As used in this Privacy Policy, “Company”, “we”, “us”, or “our” refer to Everfit Technologies, Inc., and its subsidiaries.

 

We respect your privacy, and we are committed to protecting it through this Privacy Policy, which is part of the Terms of Service (“TOS”) located at https://everfit.io/tos/. Initially capitalized terms not otherwise defined in this Privacy Policy have the meaning set forth in the TOS.

 

This Privacy Policy describes (a) the types of information we collect from you or that you may provide when you visit the website at www.everfit.io (the “Website”) and/or use our mobile application (the “App”), and (b) our practices for collecting, using, maintaining, protecting, and disclosing that information. The services available via the Website and the App may be collectively referred to as the “Service”. Please familiarize yourself with our privacy practices and contact us as described below in Section XIII if you have any questions.

 

This Privacy Policy applies to information we collect:

  • Through the Service.
  • In email, text, and other electronic messages between you and us and/or the Service.
  • Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Service.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website or application operated by us or any third party (including but not limited to our affiliates and subsidiaries); or 
  • Any third party (including but not limited to our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website and/or the App.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will handle your information. If you do not agree with our policies and practices, you agree not to use our Website and/or the App. By accessing or using the Website or the App, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Website and/or the App after we make changes to this Privacy Policy constitutes acceptance of those changes, so please check this Privacy Policy periodically for updates. 

 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice in our Service. The date this Privacy Policy was last updated is identified at the top of the first page of this Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Policy to check for any changes.

 

When we refer to the term “GDPR” in this Privacy Policy we mean the European Union General Data Protection Regulation.  The term “EEA” means the European Economic Area.

 

I. Information We Collect
II. How We Use Your Information
III. How We Collect Your Information And How Long We Keep It
IV. How We Share Your Information
V. Children’s Privacy
VI. How We Protect Your Information
VII. How You May Change, Remove, Or Export Your Information
VIII. Links To Third-Party Websites And Services
IX. Updates To This Privacy Policy
X. Non-US Users
XI. Rights Of Users From The EEA
A. Data Controller
B. Rights Of EEA Residents
XII. Your California Privacy Rights
XIII. Contacting Everfit

I. Information We Collect

We collect several types of information from and about users of our Website and App, including:

  • Information by which you may be personally identified, such as name, postal address, e-mail address or telephone number (“personal information”).
  • Non-personal information about you but which does not identify you (some non-personal information is considered personal information if combined with other information in a way that enables you to be identified).
  • Technical information, including but not limited to the IP address through which you access the Service and the unique mobile device ID or virtual unique device identifier for any mobile device used to access your account.
  • Information about your Internet connection, the equipment you use to access our Website or App, and related usage details.

Information You Provide to Us  

The information we collect on or through our Website and/or App may include:

  • Information that you provide by filling in forms on our Website or App. This includes information provided at the time of registering to use our Website or App, subscribing to our Service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website or App.
  • For trainers and clients, training-related information related to workouts, exercises, training programs, nutrition, measurements, images and other records, activities and information.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys we may ask you to complete.
  • Details of transactions you carry out through our Website or App and of the fulfillment of your orders. You may be required to provide financial, billing and other information before placing an order through our Website or App, or through our billing partners.
  • Your search queries on the Website or App. 

 

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website and/or App, or transmitted to other users of the Website and/or App or third parties (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or the App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed or accessed by unauthorized persons.

 

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Service, including traffic data, location data, logs and other communication data, the resources that you access, and your use of the Service.
  • Information about your computer or device and internet connection, including as applicable, your IP address, operating system, browser type, mobile network information, and/or telephone number.
  • Metadata and other information associated with files stored on your device.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Contact us at legal@everfit.io for information on how you can opt out of behavioral tracking on the Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect includes personal information, and we maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Service and deliver a better and more personalized service, including by enabling us to: 

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Service according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the Service.

 

II. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Service and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. 
  • To notify you about changes to our Service or any products or services we offer or provide through it.
  • To allow you to participate in interactive features on our Service.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent. 

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. 

 

For users in the EEA, the legal basis for collection of this information is to provide you the Service and make it possible for you to use the Service.

 

When you make a purchase, any credit card information you provide is collected and processed directly by our payment processor Stripe, Inc. (“Stripe”) through their checkout service. We never receive or store your full credit card information. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Stripe may use your payment information in accordance with their own privacy policy here: https://stripe.com/us/checkout/legal

 

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

 

III. How We Collect Your Information And How Long We Keep It

We collect information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and other information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

As noted above, we also may use technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). 

 

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Service. 
  • Flash Cookies. Certain features of the Service may use local stored objects (Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Service. Flash cookies are not managed by the same browser settings as are used for browser cookies. 
  • Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Service are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

Retention of Your Personal Information

We will only store your information as long as necessary to fulfill the purposes for which the information is collected and processed or, where applicable law provides for longer storage and retention periods, for the storage and retention period required by law.  After that your personal information will be deleted. 

Other

We may offer you the opportunity to receive premium support or special offers from us and/or our partner companies, such as sweepstakes or contests (collectively “Promotions”).  If you choose to participate in a Promotion, we may request that you provide us with personal information such as your e-mail address or mailing address as part of the registration process. We may require you to enter a region and language in order to provide relevant information in your language. We may also request or receive personal information in other interactions you have with us.

 

IV. How we Share Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

 

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. 
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent. 

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including responding to any government or regulatory request.
  • To enforce or apply our terms of use (https://everfit.io/tos/) and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, security or safety of the Company, our customers, or others, or to address technical issues. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 

Choices About How We Use and Disclose Your Information

We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to legal@everfit.io. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You may opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

 

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

 

Accessing and Correcting Your Information 

You can review and change your personal information by logging into the Service and visiting your account profile page. 

You may also send us an email at legal@everfit.io to request access to, object to, rectify, correct or delete any personal information that you have provided to us. 

We cannot delete your personal information except by also deleting your user account. 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.

 

If you delete your User Contributions, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access to and use of information, including User Contributions, is governed by our terms of use: https://everfit.io/tos/.

 

V. Children’s Privacy

To any parent of a child under thirteen (13) years of age, please speak with your child about communicating with strangers and disclosing personal information online. Please also familiarize yourself with the procedures in this Section V regarding consent to disclosure, and use of your child’s personal information. We will not collect more information from children under the age of thirteen (13) than is reasonably necessary to provide the Service. By written notice to us, parents may elect to restrict our collection and use of their child’s information to our internal purposes only and prohibit disclosure to third parties, unless disclosure is integral to the Service.

 

If you are under thirteen (13) years of age, do not use or provide any information on the Website or the App or through any of either of their features, register on the Website or the App, make any purchases through the Website or the App, use any of the interactive or public comment features of the Website or the App, or provide any information about yourself to us, including but not limited to your name, address, telephone number, email address, or any screen name or user name you may use, without having your parent or legal guardian provide us prior written consent. 

 

If we learn we have collected or received personal information from a child under thirteen (13) without verification of prior parental consent, we will delete that information. If you believe we may possess or have received any information from or about a child under thirteen (13) without such prior parental consent, please immediately contact us at legal@everfit.io.

 

In one or more countries outside the United States, the applicable age is fourteen (14) years of age, rather than thirteen (13) years of age.

 

California residents under sixteen (16) years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

 

VI. How We Protect Your Information

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, theft, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. 

The safety and security of your information also depends on you. Where we have issued you (or you have chosen) a password for access to certain parts of our Service, you are responsible for keeping your password confidential. Please do not share your password with anyone. We urge you to be careful about giving out information in public areas like message boards. The information you share in public areas may be viewed by any user.

We do not and will not, at any time, request your credit card information, your login information or other identification in a non-secure or unsolicited communication (such as e-mail). 

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 or on our Service. Any transmission of personal information is at your own risk. You assume this risk by using any part of the Service. We are not responsible for circumvention of any of our privacy settings or security measures, and/or any damages resulting from such circumvention. 

If any breach of data system security occurs, we will make any legally required disclosure to you by e-mail or posting on the Service as soon as reasonably possible. Any such disclosure will be subject to law enforcement requests and measures necessary to determine the breach’s scope and restore the reasonable integrity of the data system.

VII. How You May Change, Remove, Or Export Your Information

You may email us at legal@everfit.io to request that we delete your personal information from our database.  For such requests, please write “delete my account” in the subject line, and include your first and last name and e-mail address in the body of the message. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for administrative purposes.

Please note that we will store communications you may send through the Service, as well as any comments you may post, and they may not be subject to modification or deletion.

You may also control the information that we collect through the settings in your browser or mobile device.  You may configure your browser to reject cookies from Company and may adjust the settings of your mobile device to prevent the Website and/or App from obtaining location information.  However, please note that the Service may rely on cookies and location information to function properly and some parts of the Service may not be available if you disable cookies.

VIII. Links To Third-Party Websites And Services

The Service may contain links to other websites and online services, including third-party advertisements.  If you choose to click through to one of these other websites or online services, please note that any information you may provide will be subject to the privacy policy and other terms and conditions of that website or service, and not to this Privacy Policy.  We do not control third-party websites or services, and fact that a link to such a website or service appears in the Service does not mean that we endorse its or its provider, or have approved the provider’s policies or practices related to user information.

Before providing any information to any third-party website or service, please review the privacy policy and other terms and conditions of that website or service.  You agree that Company will have no liability for any matters relating to a third-party website or service that you provide information to, including their collection and/or handling of that information.

IX. Updates To This Privacy Policy

We reserve the right to update this Privacy Policy at any time. If we modify this Privacy Policy in a material way, we will post a modification notice on the Website along with the updated Privacy Policy. We will also update the “Last Updated” date above. “Privacy Policy” as used herein includes any updates and modifications we may make from time to time.

By continuing to access and/or use the Service after we post an updated Privacy Policy or provide you notice of a modification, you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, you agree to immediately stop using the Service. 

X. Non U.S. Users

Information that you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. If you are located outside the United States, you understand that we may transfer personal information to and process it in the United States. If you are located in the EEA, you freely consent to the transfer of personal information outside of the EEA. Your consent to this Privacy Policy together with your submission of personal information constitute your agreement to these transfers. 

 

XI. Rights Of Users From The EEA

A. Data Controller

For the purposes of this Privacy Policy, Everfit Technologies, Inc is the Data Controller of your personal information.

B. Rights of EEA Residents

If you are accessing or using the Website or App from within the EEA, you may have the following rights under the GDPR (as well as other rights). If you wish to exercise any of these rights, you may do so by contacting us as provided (i) in the “Contact” link below, (ii) in Section XIII below, or (iii) otherwise in this Privacy Policy. 

  • Right of Access:  You have the right to obtain confirmation from us as to whether or not we process personal information from you and you also have the right to at any time obtain access to your personal information stored by us.
  • Right to Correction of your Personal Information:  If we process your personal information, we use reasonable measures to ensure that your personal information is accurate and up-to-date for the purposes for which your personal information was collected.  If your personal information is inaccurate or incomplete, you have the right to require us to correct it.  
  • Right to Deletion of your Personal Information or Right to Restriction of Processing:  You may have the right to require us to delete your personal information or to restrict of processing of your personal information.  
  • Right to Withdraw your Consent:  If you have given your consent to the processing of your personal information, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on the consent before the withdrawal.  
  • Right to Data Portability:  You may have the right to receive the personal information concerning you and which you have provided to us, in a structured, commonly used, and machine-readable format or to transmit this data to another controller.
  • Right to Object:  You may have the right to object to the processing of your personal information as further specified in this Privacy Policy.
  • Right to Lodge a Complaint with Supervisory Authority:  You have the right to lodge a complaint with a data protection supervisory authority located in the European Union.  Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

XII. Your California Privacy Rights

If you are a resident of California, USA resident and Service user, you have specific rights regarding our handling of your “personal information” as specifically defined in California’s “Shine the Light” law (Cal. Civil Code Section § 1798.83. This law permits users of our Service who 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 legal@everfit.io or write us at: Everfit Technologies Inc, 845 Market Street, Suite 450, San Francisco, CA, 94103.

Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for such third parties’ direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. A request may be made no more than once per calendar year and we are not required to respond to requests made by means other than through the e-mail address and mailing address above. 

Please review our complete Privacy Policy for California Residents, which is accessible here: http://everfit.io/ccpa.

XIII. Contacting Everfit

If you have any questions, inquires, requests, comments or complaints concerning this Privacy Policy or our information practices, please contact us at legal@everfit.io or by regular mail at the following address: Privacy Officer, Everfit Technologies Inc, 845 Market Street, Suite 450, San Francisco, CA, 94103, U.S.A.