facebook_pixel

Privacy Policy

Date of Last Update: June 7, 2017 (“Revised Date”)

Your information privacy is extremely important to Activbody, Inc.  (“Activbody,” “we,” “our,” “us”).  We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose the Personal Information (as defined below) you share with us when you use www.activbody.com   and/or activ5.wpengine.com (collectively, the “Web Sites”), and any of our personal fitness and electronic body monitoring products, the software embedded in our devices and products, our mobile applications, memberships and other Activbody services (collectively, the “Products and Services”).  This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information.  This Privacy Policy applies to all users of the Web Sites and Products and Services.

BY USING THE WEB SITES AND/OR OUR PROCUCTS AND SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY.  PLEASE READ THE ENTIRE PRIVACY POLICY AND ALSO OUR TERMS OF SERVICE CAREFULLY.

Managing Your Information Preferences

You can review, correct, update, or change your Personal Information or opt out of receiving certain e-mails by changing the relevant settings in your account on our Web Sites or by e-mailing us at service@activbody.com.  You can erase all Personal Information from the Products and Services by resetting the mobile application and deleting all of the stored information; however, if you have already uploaded Personal Information to the Web Site, you must email us at service@activbody.com and request for the deletion of your Personal Information from the Web Sites.  You are able to opt out of receiving marketing e-mails from us; however, you cannot opt out of receiving e-mails related to the status or maintenance of your account.  If you have questions or concerns regarding this Privacy Policy, please e-mail us at service@activbody.com.

 Information Collection

 Creating an Account – Personal Information

We collect information that personally identifies you, such as your name, address, phone number, mobile phone number, e-mail address, payment and financial information, gender, height, age, weight, and other personally identifiable information, including Fitness Information (as defined below), that you choose to provide us with or that you choose to include in your account information (“Personal Information”).  You will be asked to provide us with Personal Information when you register with the Web Sites and create an account, or use any of our Products and Services, and at other times.  We may also receive Personal Information, including your username, social network ID, and posts that you have shared, from social media websites and services (e.g., Facebook, Twitter, Instagram, Pinterest, LinkedIn and Google+) if you choose to enable those features.  We use this information to help us understand how people use the Web Sites and our Products and Services, and to enhance the products and services we offer.

 Fitness Data

When you use our Web Sites and Products and Services, we may automatically collect certain exercise-related and fitness-related information from you (“Fitness Data”).  For example, when you use the Products and Services, we may automatically collect, among other things, the types of exercises you did, the time spent doing each exercise, the intensity of each exercise, and the frequency of each exercise.  We use this information to help us better understand and analyze our customer demographic and to enhance the products and services we offer.

 Usage Data and Site Activity

We automatically collect information regarding your usage of and activity on the Web Sites (“Usage Data”).  For example, each time you use the Web Sites we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Web Sites.  We use this information to help us understand how people use the Web Sites and our Products and Services, and to enhance the products and services we offer.

 Surveys and Sweepstakes or Contests

From time to time, we may administer sweepstakes, contests or surveys. Personal Information is obtained from you when you respond to surveys, sweepstakes or contests. We may use this Personal Information in accordance with the official rules of such sweepstakes, contests and surveys, and to provide you with information and services for which you have expressed an interest or that you may find useful based on your answers in a survey, sweepstake or contest. We might also send out e-mails to users and sweepstakes or contest entrants to announce special offers, services and announcements from our Web Sites and/or third party advertisers. Additionally, we may refer to your Personal Information to better understand your needs and how we can improve our Web Sites and the products and services we offer.

Newsletters

Personal Information is obtained from you when you request to subscribe to a newsletter.  We may use this personally identifiable information to deliver the newsletters that you have elected to receive.  We might also send out e-mails to announce special offers, services and announcements from our Web Sites and/or third party advertisers, or other information responsive to the data you provide us.  Additionally, we may refer to your Personal Information to better understand your needs and how we can improve our Websites and our Products and Services.

Community Posts

To post to an Activbody community message boards, you will be asked to create a community username that is separate from your Activbody account name.  This community username will be posted next to any comments you publish on any community message boards, which can be seen by all other Activbody users.  Other information, like a profile photo that you have added to your Activbody account may also be visible on message boards, depending on your account settings.

 Cookies and Anonymous Identifiers

We do not use cookies or other anonymous identifiers.  However, some of our Service Providers (defined below) may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

How we Use, Disclose and Share Information

We use Personal Information for internal purposes only, such as to provide you with the Web Sites and our Products and Services, to better understand and analyze our customer demographic, to send you alerts about your account, to send marketing communications to you, to improve the Web Sites and our Products and Services, to notify you of new products or services, and to otherwise communicate with you.  We may also use your Personal Information to provide more relevant search results from the search functions of the Web Sites and the Products and Services.  We will not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent, except as explained in this Privacy Policy.  We may disclose to third parties, certain Personal Information or Usage Data regarding the Web Sites and our Products and Services.  However, in such cases, your Personal Information and Usage Data is aggregated with the Personal Information and Usage Data of others and do not identify you individually.

 Personal Information You Make Available to Others 

By using the Web Sites or our Products and Services you may make certain of your Personal Information available to others.  For example, when you post a comment on the Web Sites, or want to connect with another user through the Web Sites or our Products and Services, other users may see your username, certain Personal Information, and other information that you choose to make available to others.

 Data That Does Not Identify You (De-identified Data)

Activbody may share or sell aggregated, de-identified data that does not identify you, with partners and the public in a variety of ways, such as by providing research or reports about health and fitness.  When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you.

 Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe are trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, payment processing, and marketing and promotions.  We only provide our Service Providers with the information necessary for them to perform these services on our behalf.  Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure.  Service Providers are prohibited from using Personal Information other than as specified by us.

Other Transfers of Personal Information and Usage Data

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with Activbody.  If Activbody is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.  You will have the opportunity to opt out of any such transfer if, in our sole discretion, it will result in the handling of your Personal Information and Usage Data in a way that differs materially from this Privacy Policy.

 Compliance with Laws and Law Enforcement

We cooperate with government, law enforcement officials and private parties to enforce and comply with the law.  We may disclose Personal Information, Usage Data and any other information about you to government, law enforcement officials or private parties if, in our sole discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of Activbody or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Web Sites or our Products and Services, that information may be accessed by others.  In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others.  This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

 Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us, including Personal Information and Usage Data.   However, no data transmission over the Internet or other network can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Web Sites or our Products and Services, we cannot and do not guarantee the security of any information you transmit on or through the Web Sites or our Products and Services, and you do so at your own risk.

 Links to Third Party Web Sites

Our Web Sites and our Products and Services may contain links to other websites or allow others to send you such links.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites.  You access such third-party websites or content at your own risk.  You should always read the privacy policy of a third-party website before providing any information to the website.

 Minors

PLEASE NOTE THAT:  Our Web Sites and our Products and Services are not suitable for children under the age of 6 and children under the age of 16 need adult supervision.  

We do not knowingly collect Personal Information from children under the age of 13.  If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.  California users under the age of 18 may request the removal of their content or information publicly posted on the Web Sites or our Products and Services by e-mailing us at service@activbody.com.  Please note that most of the user content that appears on our Web Sites or our Products and Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.

 Processing in the United States

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.  If you are located outside of the United States, please be advised that we process and store all information in the United States.  The laws in the United States may not be as protective of your privacy as those in your location.  By using the Web Sites or our Products and Services, you agree that the collection, use, transfer, and disclosure of your Personal Information, Usage Data and communications will be governed by the applicable laws in the United States.

 Privacy Policy Changes

We may change this Privacy Policy from time to time in our sole discretion.  If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Web Sites.  Those changes will go into effect on the “Revised Date” shown in the revised Privacy Policy.  By continuing to use the Web Sites or our Products and Services, you are consenting to the revised Privacy Policy.

PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES.