Privacy Policy

Introduction

Welcome, this is the Privacy Policy (the “Policy”) for the mobile application software known as Gymfitty (the “App”), available online at www.gymfitty.com (the “Site”) and at selected application stores (hereinafter collectively referred to as “Gymfitty” and also as “our”, “us” and “we”). Overall, this Policy is a legally binding agreement between Gymfitty, and you, an end user of our App and Site (hereinafter referred to as “you”, “your(s)” or “yourself”) and any products and services offered thereby (the “Services”).

This Policy shall supplement our Terms and Conditions of Service (the “Terms”), along with any other guidelines and policies provided by us from time to time, all incorporated herein by reference.

Here at Gymfitty, we work hard to earn and keep your trust; and therefore we adhere to the following principles in order to protect your privacy:

  • We will not sell or lease your personally identifiable information (the “PI”) to third parties.
  • We will not disclose your PI with other users or third parties without your consent.
  • Any PI that you provide to Gymfitty will be secured with industry standard safety protocols and technology.

As used herein and elsewhere, the words “collect”, “use”, “process”, “treat”, “disclose” and analogous shall be related to your PI and other data that we may receive from our clients, users and/or visitors, including cookies inside a computer and mobile device IDs.

Information Collected

In order to use the App, the Site and any and all services offered thereby, you will be required to disclose PI to us, including but not limited to: your name, last name, IP address, email, gender, birthday, weight, height, body measurements, corporal measurements, hearth rate, personal user feedback, browser type, language and/or operating system used. In addition, we may offer certain payment functionalities, which require that certain third party payment processing platforms collect sensitive financial information of our users (e.g. credit card and payment data).

If you do not wish to disclose any or part of your PI to us, you may still be able to use some of the functionalities of our Services, though we will not be able to guarantee that you will be able to enjoy our offerings and benefits if you elect not to disclose it to us. Overall, your final remedies will be to close this web tab, delete the App and your account with us and/or exit the Site.

Purpose and Process of Collected Information

In addition to your personally identifiable information, we collect data in aggregate form, that is, as a statistical measure in order to analyze and improve our Services. Some of that information will anonymized, and thus cannot be used or disclosed in a manner that would identify a user personally. In summary, we will generally collect, process, use and disclose your PI to:

  • Feed data and information to our systems in order to run the App and the Site.
  • Process such data feeds it into aggregated, anonymized databases, which will not be used to personally identify you.
  • Use such anonymized databases to understand our user’s behavior, improve the availability of recommended items for purchase, and provide better workout recommendations.
  • Send recommendations about your shopping preferences.
  • Verify your e-mail address; send password retrieval links and other account notices.
  • Provide news regarding our services, the App and the Site.
  • Improve your user experience and provide you with customer support
  • Develop, research, process, safeguard and improve our communications and Services.
  • Answer to queries and suggestions you submit to us.
  • Improve your user experience, send newsletters, offer promotions, send service related announcements and contact you about inquiries for our Services.

Location Data

Our App may include certain geographical location based features used to provide our Services. You can elect to share it or not via your mobile device’s settings. Your geo-location data will be kept private, but you general location like country and city will be visible on your public profile in our App. We will use such data to improve your user experience, thus helping us to know more about our users and provide our Services.

Access to your Information

We continuously try to improve our user experience, and stride to give you the best choices for providing, editing and/or removing certain personally identifiable information collected by us from you, as well as to enforce your choices over how we contact you. Generally, you will be able to edit, select or delete the amount and type of information you provide to us when using our Services, usually in the settings section of your account.

Control of your Information

Any user of our App and our Site will have the right to make a request in order to enforce his privacy rights to:

  • Access his PI.
  • Rectify his PI (when inaccurate or incomplete).
  • Cancel the process of his PI.
  • Object --with legitimate reasons-- the process of his PI.
  • Revoke his consent for the use, storage, treatment, process and/or, disclosure of his PI.

In order to enforce of your privacy rights, please contact us as indicated in the contact section of the App or the Site. Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request. Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our databases. Please take into account that we may not be able to delete all of your data from our secure databases or the databases of third parties to which your PI has already been disclosed. If that is the case, please contact such third parties directly in order to request enforcement of your privacy rights. In case of secure databases under our control where deletion becomes impossible, we will make such information inaccessible.

Safety of your Information

We use industry standard protocols and technology to protect your registered user information and PI, such as Secure Socket Layer (SSL) technology and secure databases. Your PI is only accessible by a limited number of our employees who have special access rights. Overall, we implement and maintain reasonable security measures to protect our databases and records from unauthorized access, acquisition, destruction, use, modification or disclosure. However, please take into account that the Internet and related transmissions are not secure or error free communication means. Additionally, if you post information on a public forum, message board, blog or bulletin board, any PI you elect to disclose therein there may or will be read, collected and/or used by other users of such forums and could be used by third parties to send you unsolicited messages.

Information Release and Disclosure

We reserve our right to disclose your PI when we reasonably believe it results necessary to protect our interests, or where you are in breach of our Terms and/or this Policy. Accordingly, we will have the right to disclose any and all collected PI and/or data, under the following circumstances:

  • If required under applicable law, rules or regulations.
  • In response to a valid request or subpoena from a government or law enforcement agency.
  • To defend ourselves from legal claims and processes brought to us by third parties.
  • To defend the property, rights and integrity of any of our users, advertisers or licensors.
  • To stop or cause to cease any actions that we may consider to cause –whether allegedly or factually– a contingency or liability.

We may also share non-personally identifying information with our authorized third party service providers, such as: aggregate user statistics, demographic information and web site usage information. Our service providers do not have any right to use your PI or other information we share with them beyond what is necessary to assist us in order to provide the products or services requested by you. Upon the case where our business is or becomes part of any merger, acquisition, financing or similar transaction, or in the event of insolvency or bankruptcy, your PI may be disclosed and otherwise transferred to such entities. Simple use of our Services entails your acknowledgement and authorization to such information transfer, if any.

Parental Notice

Through the simple use of the App, the Site and our Services, you represent and warrant that you are at least eighteen (18) years of age --or older-- as of the date of first access thereof. If you are still a minor (which may depend on the jurisdiction where you reside), you may only use our Services under the direct supervision of your parent or legal guardian.

Gymfitty does not knowingly collect any kind of information from persons under the age of thirteen (13). If we learn or have reason to suspect that a user is under such age, we will delete any PI under that user’s account.

Newsletters and Commercial Messages

From time to time, we will ask you for express permission and consent to receive Commercial Electronic Messages (‘CEM’). A CEM is a message in an electronic format (e.g. email, SMS, push notifications and other form of communications) which is then sent to an electronic address (e.g. email, mobile device) and that contains a message asking recipients to participate in commercial activities (e.g. purchase of products, services and invitations to participate in user research).

Our optional email newsletters are considered CEMs, and therefore you may subscribe or unsubscribe from them at will, usually on your account settings, or by following the unsubscribe links contained therein.

Cookies and Beacons

In order to run our business, we may place the so-called ‘cookies’ in your computer in order to track and collect data regarding your use of our Site and our services. Cookies are small text files that our Site transfers to you and that allow us permit us to recognize you and obtain data such as how, when and how long you browse pages in our Site. We may also use the so-called ‘beacons’, which are small files, sometimes only a pixel in size, embedded onto the pages of our Site and used to identify each of our pages in order to be analyzed by our system.

When you access the App or the Site via a mobile device, we will use your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for Apple iOS 6 and later) instead of cookies in order to recognize you, track the number of relevant ads displayed, their performance and display.

We may also collect and use the data contained in log files, which may include your IP (internet protocol) address, your ISP (internet service provider), the browser you used to visit our site, the time you visited our Site and which pages you visited throughout our Site.

You can always configure your browser or device to refuse cookies and beacons. For more information, please visit www.allaboutcookies.com. Unlike cookies, device IDs cannot be deleted, but you can select to reset your Advertising IDs in the “Settings” section of your mobile device, among other settings.

Financial data and information

We will not collect or store any sensitive financial information of you. We use third party payment processing platforms such as PayPal, Amazon, Google and Apple. These platforms will request you to disclose them sensitive PI (e.g. credit card number, account username and password) in order to complete purchases and operations related to our Services. Such third party payment processing platforms are governed by their own safety standards, policies and terms of use. We shall not be liable for their operation, safety or otherwise their functioning. We strongly advise our users to engage in online safety measures in order to protect their financial information, here in the App, the Site and elsewhere.

Third Party Sites and services

From time to time, the App and the Site may display hyperlinks to the websites of our commercial partners and other third parties. If you click on such links, you are choosing to visit such websites, and will be redirected there. Please take into consideration that we are not responsible for the privacy and personal data practices undertook by such third parties (including any tools, cookies, information or content contained thereunto), and that we do not have control over the manner in which such third-parties may collect, process, treat or use your PI.

When you use such links to go to another website, our Policy and Terms are no longer into effect and your browsing thereof is in your own and final risk. In addition, any banner or ad that we may have on our App and Site does not constitute any endorsement of any third party thereof.

Advertising, opt-out

From time to time, we may use Google Analytics, Ad Words, Double Click, Ad Sense and/or Facebook Pixel tracking codes, in order to collect information and marketing analytics about the manner in which you use our App and browse our Site. We may also use other third party software tools such as remarketing codes. For example, third party vendors may show you Gymfitty’s ads on certain websites across the Internet, even after you leave our App and Site. The collected information is anonymized, meaning it cannot be tracked back to individuals. Using such tools, we learn how to optimize, and serve ads based on a user’s past visits, providing you with a better user experience.

Our third party vendors may also use cookies and beacons to track your Internet browsing history in order to serve you ads based on what they or us believe to be of interest according to your browsing activities and consumer preferences. Henceforth, by using the App and the Site, you consent to such disclosure, treatment and storage.

In order to enforce and uphold your right to privacy, you have the option to elect not to receive this type of advertising from us or third parties, now or in the future. You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, and also the Network Advertising Initiative website located at www.networkadvertising.org. In addition, you may set browser, mobile device and computer system preferences for how other third parties serve ads to you.

Social media

Our Services may offer the functionality of using your social media and other third party credentials (e.g. Facebook and Google) to execute single-sign-on, and in that manner we will also collect your PI as provided to us by such third party platforms; such as your photos, info of your social media contacts and their common contacts, login data and profile information such as “about me”, “friend lists” and “interests”.

We will not collect more information when using such credentials beyond the PI such third parties generally disclose to us via their services. For more information, please refer to the terms and policies of such platforms.

International disclosure

Gymfitty’s main business operations are located in London, United Kingdom. By simple use of our Services, you expressly consent to the cross-border transfer of your PI. Henceforth, your PI may be accessed by us or our affiliates, agents, partners, advertisers or third party service providers in the United Kingdom and other countries, and you hereby consent to such access and transfer by providing us such information.

Upon the case where Gymfitty specifically undertakes the process of personal data that has been duly disclosed by you to us, and that is subject to national legislation that implements the EU Data Protection Directive (95/46/EC); you hereby acknowledge, agree and accept to such transfer by clicking the "I Accept" button or otherwise accepting the terms and conditions of our services.

If you are accessing our services from jurisdictions other than those that apply to Gymfitty’s headquarters, please be advised that you are transferring your PI information to any country or jurisdiction in which Gymfitty operates its facilities, which may have data protection laws that differ in scope to those in your jurisdiction and, thus, you hereby consent to such transfer of information.

Notice to United Kingdom Residents

In compliance with the Data Protection Act 1998 (DPA), we have implemented mechanisms that comply with the European Union’s Data Protection Directive. We have hereby posted this conspicuous Policy to the public, indicating the PI being collected and the manner in which it may be disclosed and with whom. Our users can may visit our Site using anonymous browsing, this Policy linked in our home page, with the link including the word ‘Privacy’ or similar.

British nationals can contact the Information Commissioners Office in order to make inquires about their privacy rights, by email to casework@ico.org.uk and by phone to 0303 123 1113. If calling from outside the UK please call +44 1625 545 745.

In compliance with the DPA, we are responsible for any and all factual or suspected security data breaches into our PI databases, and are also required to notify our UK customers of any such factual or suspected breach (by email and/or post). For the purposes herein, a breach of security shall be defined as an unauthorized access, or authorized access for an illegitimate purpose of PI, that compromises the security, confidentiality or integrity of such PI. Such notification will be subject to a variety of factors, including but not limited to, the type of PI breached, whether the database was secured or not, type of key/cipher used, whether the PI was factually or allegedly acquired by an unauthorized person, and whether misuse of the PI is reasonably possible.

Accordingly, in compliance with the DPA, we: (i) have obtained (or will obtain as necessary) your express consent for the collection, use and/or disclosure of your PI; (ii) offer measures for the update and edition of your PI; (iii) provide public and free contact details; (iv) have specified the purpose and use of you PI; and (v) have indicated the procedure for notification in case of any actual or alleged breach of privacy.

If you wish to request a copy of your information disclosure, please contact us at by email to: contact@gymfitty.com. You can rest assured that we will employ any and all necessary safety, managerial and technical measures in order to protect your PI and your right to privacy.

Amendments, Updates

We reserve the right to amend, change, suspend and/or update the App, the Site, our Services, this Policy and/or our Terms, in whole or in part, from time to time and at our sole and final discretion. Your continued use thereof after the last effective date of modifications thereof indicates your acceptance of such modifications. We will post any updates on the App and the Site, and may also send you an email or otherwise notify you of any material changes to this Policy.

Contact

If you have any questions or queries about us, the App, the Site, our Terms and/or this Policy, please contact us as indicated in our contact page: www.gymfitty.com/contact.

Date of last effective update is July 15th, 2017.