Fit Viz Privacy Policy

II. How We Use Personal Information

Subject to applicable law, we may combine the various kinds of Personal Information with data and Personal Information from other sources and use it in the following ways:

• •Providing our Services: To provide our Services to you, including our contractual obligations, to contact and communicate with you in relation to any issues with the Services, and to maintain, manage, and administer our Platform and your accounts, including providing you with technical support.
• •Recording and Analyzing Your Performance: We process your Activity and Health Data, as well as other related information, to help with recording and analyzing your performance, and to provide you with personalized fitness guidance.
• •Operating and Improving our Business: To support our internal business functions, including accounting, auditing, billing, managing our databases and backups, and other similar activities; to develop, provide, and improve the Services and Platform, including tailoring and developing new features or content; and for data analytics relating to your use of and interaction with our Services.
• •Provision of AI Features: We use and develop artificial intelligence models ("AI") to enhance your training and improve the Services ("AI Features"), such as personalized training guidance and workout generation. With your consent, we may also use Health Information for our AI Features, such as in the context of exercise analysis and training recommendations.
• •Maintaining the Security of our Systems: To verify your identity and to maintain the integrity and security of our systems and Services, including to prevent fraud; protect the confidentiality and security of your information; to detect, prevent, and respond to technical issues, bugs, breaches or errors within our networks and systems.
• •Marketing and Advertising: To communicate with you and send you promotional materials about our and our partners' products, services, and events that we think might interest you; to conduct market research and to send surveys; to conduct interest-based advertising on our own and on third-party websites; and to determine and manage the effectiveness of our and our partners' advertising and marketing.
• •Protecting our Interests: For fraud, loss, and other crime prevention purposes, to assist in the investigation of suspected illegal or wrongful activity and to protect and defend our rights and property, or the rights or safety of third parties; to enforce our Terms of Service, this Privacy Policy, or other agreements with you or with third parties.
• •Compliance With Law: To comply with laws and regulatory requirements, court orders, subpoenas or other legal obligations.
• •Other Purposes: For other purposes for which we provide specific Policy before collection of your Personal Information. We may also use your Personal Information with your consent or at your direction.

Deidentified and Aggregated Information

We may aggregate and/or de-identify your Personal Information such that it is no longer able to be linked to you or your device(s). Our use of de-identified and anonymized data is not subject to this Privacy Policy. We may use and disclose such information, in our sole discretion, to third parties for their own use. For example, we may use or disclose aggregated and/or de-identified information for benchmarking, analytics and improving our offerings, to customize content, and to share it with advertisers, business partners, sponsors and other third parties. To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

III. To Whom Do We Disclose Personal Information

We may disclose Personal Information in the following circumstances and to the following entities:

• •Affiliates: We may disclose your Personal Information to our subsidiaries, joint ventures, and other companies under our common control (collectively, "Affiliates") for the purposes described in this Privacy Policy. Where we share Personal Information with our Affiliates, we will require our Affiliates to honor this Privacy Policy.
• •Service Providers: We may disclose Personal Information to service providers, marketing partners, and other vendors in order to maintain the Platform and provide, improve, and personalize the Services. We may also share Personal Information for other technical and processing functions, such as sending e-mails on our behalf, fulfilling orders, technical support, or otherwise operating the Services, for analytics, marketing and advertising purposes, as well as other professional advisory services (such as attorneys, auditors, insurers, accountants, expert consultants).
• •Advertising and Marketing: We may share Personal Information with advertising and marketing partners for advertising and marketing purposes on behalf of us and third parties, including with third parties involved in interest-based advertising. Our third-party advertising partners (including advertising networks, online advertising companies, and social media platforms) may use such information for their own purposes, including to market products or services to you or tailor ads displayed to you on third-party websites to your interests and interactions with our Services. These third parties may use their own cookies or similar technologies to collect or request information in delivering advertising tailored to your interests. For more information regarding interest-based advertising and your choices, see the Interest-Based Advertising section of this Privacy Policy.
• •Legal Rights or Obligations: Where we believe disclosure is necessary to protect our rights or property, protect the safety or vital interests of you or others, investigate or prevent potentially illegal activities, investigate, prevent or take action against a violation of contract, defend against a legal claim, exercise our legal rights, respond to a government, judicial or other legal request, or otherwise comply with our legal obligations.
• •Business Transactions: We may disclose your Personal Information to third parties in the event we sell or transfer all or portions of our business or assets or in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation of our business ("Business Transactions"), or if we contemplate a Business Transaction. In the event of such Business Transactions, third parties may use your Personal Information in the same way as set out in this Privacy Policy.
• •Public Information: If you post a comment or other content in a publicly available forum on our Platform, any Personal Information you may include in this content will be available to the general public.
• •Other: We may disclose your Personal Information to other third parties if you direct us to do so, with your permission, or as otherwise permitted by law.

IV. Cookies and Other Tracking Technologies

1. Cookies

We use cookies as well as other tracking technologies, such as HTML5 local storage and Local Shared Objects (such as "Flash" cookies), to improve user experience, for performance and analytics, and to improve our Services. We also use cookies and similar technologies for marketing and advertising. Where required, we ask for explicit permission to use, or let you reject our use of, certain categories of cookies.

A "cookie" is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track Personal Information previously entered by a user. Cookies can remember login information, preferences, and similar information. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. A pixel tag (also known as a "clear gif" or "web beacon") is a tiny image that links webpages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

2. Appearance, Delivery and Customization of Our Platforms

We use browser cookies for different purposes, including cookies that are strictly necessary for functionality to make our Platform work properly. You cannot opt-out of those cookies, but you can remove these by modifying your browser settings or device settings. Please note that some features of our Services may not be fully available as a result. We may also use cookies to enhance and customize your experience on our Platform (for example, by storing your username so you can log in easily, and keeping you logged into the Platform after you have provided your password).

3. Analytics and Session Replay

We use analytics and session replay services to assist us with analyzing and evaluating website traffic and usage data to help us improve our Services by, for example, counting the number of individuals who visited our Platform or verifying whether you have opened one of our emails. These services use cookies, pixel tags and other technologies that may collect your Personal Information. They include, but are not limited to Google Analytics, Adobe, and Meta pixels. For more information about these providers, visit:

• •Google: Google Privacy & Terms
• •Adobe: Adobe Privacy Opt-Out

4. Interest-Based Advertising

We may disclose various types of information for purposes of interest-based advertising, including for third-party interest-based advertising, and to track the effectiveness of our marketing efforts. Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or applications. For example, you may see certain ads on third-party websites based on your visits to our Sites because we participate in advertising networks administered by our third-party vendors. Such ad networks allow us to target our messaging to users considering their demographic data, inferred interests and browsing activities.

Our advertising practices may also include the use of Personal Information to create de-identified audience segments that can be used for targeted marketing and interest-based advertising on the Site as well as third-party services and platforms, mobile apps, and/or websites. Prior to use, the segments are de-identified so that they will not identify you personally.

V. Your Privacy Rights and Choices

If you maintain an account with us, you may manage your account as further detailed below. You may also have the right to opt in or opt out of certain of our uses and disclosures of your Personal Information.

1. Your Account

If you maintain an account with us, you can review, update or modify certain information in your account by making such changes in your user/account profile.

2. Promotional Emails and Text Messages

If you opt in to receive text (SMS) messaging, we will not share your opt-in to SMS messaging with any third party for purposes unrelated to providing you with the Services. We may share your Personal Information, including your SMS messaging opt-in or consent status, with third parties that help us provide the SMS messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of SMS messages.

You may receive certain promotional and marketing messages (emails or SMS messages) from us from time to time as permitted by applicable law. If you would like to stop receiving marketing or promotional messages, notifications, or updates from us, you may do so by following the unsubscribe instructions that appear in the communications. Alternatively, you may contact us at info@fitvizpro.com to opt out of direct marketing.

You can opt out of receiving certain promotional communications (emails or SMS messaging) at any time by (i) logging onto your account and changing your communication preferences in section 'Contact'; (ii) clicking on the "unsubscribe" link in promotional emails; (iii) following the instructions provided in SMS messages or texting "STOP." If you opt out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, we may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations.

3. Cookies and Interest-Based Advertising

If you want to block the use and storage of cookies, you should take the necessary steps within your browser's settings to block all cookies from our and our external serving vendors, or use the cookie control system, if available upon first visit. Please note that if you choose to erase or block your cookies, certain parts of the Services may not function correctly. To learn more about how to manage cookies on different browsers, you can visit www.allaboutcookies.org.

Google Analytics: For more information about how to opt out of having your information used by Google Analytics, visit the Google Analytics Opt-out Browser Add-on.

You have the option to restrict the use of information for interest-based advertising and to opt out of receiving interest-based ads. We are guided by the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the U.S., the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt out of interest-based advertising with participating entities for each region.

To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit the DAA WebChoices Tool and DAA AppChoices for information on the DAA's opt-out program for mobile apps.

4. Mobile Apps ("Apps")

You can stop all collection of data generated by use of the App by uninstalling the App. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.

5. Do-Not-Track

Do-Not-Track is a public-private initiative that has developed a "flag" or signal that an internet user may activate in the user's browser software to notify websites that the user does not wish to be "tracked" by third parties as defined by the initiative. The online community has not agreed on what actions, if any, should be taken by the websites that receive the Do-Not-Track signal, and therefore Do-Not-Track is not yet standardized. Please note that we do not alter our behavior or use practices when we receive a Do-Not-Track signal from your browser.

VI. Data Retention

We will generally retain your Personal Information for as long as reasonably necessary to achieve the purposes for which it was collected. This means that we will retain it while you maintain an account or subscription with us, for as long as is necessary to provide and improve the Services, or for a longer period as may be required or permitted by applicable law. We will also retain your Personal Information as necessary to comply with our legal obligations, resolve disputes, and exercise our rights. We consider the following criteria when determining how long to retain your Personal Information: Why we collected it; its nature and sensitivity; our legal obligations related to your Personal Information (taking into account statutes of limitation and records retention requirements under applicable law, as well as our records retention requirements and policies); and the risks associated with retaining the information.

VII. Security

We maintain technical, organizational and physical security measures designed to secure and protect Personal Information. Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of Personal Information. If you create an account on our Sites, you need to help us prevent unauthorized access to your account by protecting your password appropriately and limiting access to your account. You will be solely responsible for keeping your password confidential and for all use of your password and your account, including any unauthorized use.

VIII. Personal Information of Minors

We recognize the need to provide privacy protections with respect to Personal Information that may be collected from or about children (as defined under applicable law) on our Platform or in connection with our Services. We do not knowingly collect or use Personal Information from minors under the age of 18.

If you become aware that a child has provided us with Personal Information, please contact us at info@fitvizpro.com, and we will promptly take steps to remove the data as permitted by law.

IX. Links to Other Sites

The Platform may contain links or otherwise provide access to another website, mobile applications, or internet locations (collectively "Third-Party Sites"). Please note that we have no control over and are not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Policy does not apply to Third-Party Sites. We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact.

X. International Transfer of Data

Please note that if you are using the Services from outside of the United States, your information may be transferred to, stored, and/or processed in the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. If you are located outside of the United States, the transfer of Personal Information is necessary to provide you with the requested information and/or Services and/or to perform any requested transaction. Wherever your Personal Information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your Personal Information. These steps may include implementing standard contractual clauses, obtaining your consent, or other lawful means of transferring Personal Information. By using the Services, you acknowledge and consent to the transfer of your information to our facilities in the United States.

XI. California Residents – "Shine the Light" Requests

Under Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship certain information with respect to the types of personal information (as defined by California law) the business shares with third parties for those third parties' direct marketing purposes, and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To submit a Shine the Light request, contact us at info@fitvizpro.com.

XII. Updates to This Privacy Policy

We may update this Privacy Policy from time to time. The most recent version of the Privacy Policy is reflected by the "Last Update" date located at the top of this Privacy Policy. We encourage you to review this Privacy Policy often to stay informed of how we may process your information.

XIII. Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a request or complaint, please contact us by e-mail at info@fitvizpro.com.