Privacy Policy

Last Updated:  May 10, 2021

By using our website Fitnessetti.com and [related mobile applications] and all associated services (collectively, the “Services”) provided Fitnessetti, LLC (“Fitnessetti”, “we”, “our” or “us”), you consent to this Privacy Policy and to our use of your information that is collected or submitted as described in our Privacy Policy. As used in this Privacy Policy, “you” means any visitor, user, or other person who accesses our Services; whether or not such person created an account on our Site (“Fitnessetti Account”).

Information We Receive

We collect and use your information to provide our Services and improve them over time.

When you create a Fitnessetti Account with us, you provide us with some personal information, such as your name, address, gender, date of birth, telephone number and email address.

We provide paid products and/or services within our Services and when you purchase such products or services, you provide us with your credit or other payment card information.  In that case, we use third-party services for payment processing (e.g. payment processors) and your payment card details are provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy.

Some of our Services are interactive and may request that you submit health-related or physical information such as fitness goals, fitness level, weight, height and any necessary medical history, along with other information such as your age and gender.

Our servers automatically record information (“Log Data”) created by your use of our Services.  Log Data may include information such as your IP address, browser type, the referring domain, pages visited and search terms.  Other actions, such as interactions with advertisements, may also be included in the Log Data.

Like many websites, we use “cookies” to collect additional website usage data and to improve our services.  A cookie is a small data file that is transferred to your computer, mobile phone, or other device.  We may use cookies, for example, to better understand how you interact with our services and to monitor aggregate usage by our users and web traffic routing on our services.  You can remove or block cookies using the settings on your browser, but in some cases that may impact your ability to use our services.

Our website may use a variety of applications and provide links to websites owned or operated by third parties to help provide our services.  Whenever you connect with such applications or third-party websites, the applications and websites may collect information sent by your browser, such as cookies or your IP request.  Additionally, we may receive information from them, including information about actions you take.

You acknowledge and agree that any content and information posted or submitted by you to us, including but not limited to, ratings, reviews, photographs, images, comments, questions, answers, and any other content (collectively, the “Content”) may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

You hereby grant Fitnessetti a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created), in any manner that we deem appropriate or necessary, including, if submitted, your name and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.

By posting or providing any Content to Fitnessetti, you represent and warrant to us that you own or have all necessary rights to use the Content, and grant to Fitnessetti the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

Fitnessetti reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any Content that you submit on any Fitnessetti owned or operated websites if Fitnessetti determines (in its sole discretion) that such Content contains or features any of the following:

  • Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)

  • References to illegal activity.

  • Language that violates the standards of good taste or the standards of our website.

  • Statements that are or appear to be false.

  • Comments that disparage us.

Information Retention

We will retain your information for as long as your maintain an account with us or as needed to provide you Services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements. We will use your information to communicate with you about your orders or any inquiries you may have submitted to us or other customer service issues.  We will also use your information to provide you with relevant content, advertisements, promotions and marketing materials.

Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information that we are aware of.  To request this information, please contact us at fitnessetti@gmail.com.

Information Sharing and Disclosure

Fitnessetti is committed to preserving your right to privacy and we do not disclose your private information except under the limited circumstances described in this Privacy Policy. 

We may share or disclose your information, such as when you use a third party web client to access our Services or your Fitnessetti account.

We engage certain trusted third parties to perform functions and provide services to us.  We may share your personal information with these third parties, but only to the extent necessary to perform those functions and provide such services, and only pursuant to obligations mirroring the protections of this Privacy Policy.

We may disclose your information if we are required to do so by law, or we believe, in good faith, that such a disclosure is necessary to comply with the law, defend our rights or property, or to respond to an emergency situation.

If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that our services can continue to operate.  In such a case, your information would remain subject to the promises made in this Privacy Policy.

We may share or disclose your non-private, aggregated or other non-personal identifying information, such as the number of users who clicked on a particular link.

Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.

Fitnessetti does not sell your personal information for payment or other monetary consideration. However, because California law broadly defines a “sale” of your personal information to include the act of making cookie and other similar data available to third party advertising and analytics providers when you use our Services (even though we never receive any money in exchange), we are required to disclose those practices here.

Changing or Removing Information

If you are concerned about the information you have voluntarily submitted to Fitnessetti through our website, or would like to review, update or delete that information, please contact us at fitnessetti@gmail.com.  You may also update, correct or delete information about you at any time by signing into your account and modifying your information.  If you wish to deactivate your account, please email us at fitnessetti@gmail.com, but note that we may retain certain information as required by law or for legitimate business purposes.  We may also retain cached or archived copies of information for a certain period of time. 

Promotional and Marketing Communications 

You may opt out of receiving promotional and marketing emails from Fitnessetti by following the opt-out instructions in those emails.  You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing fitnessetti@gmail.com with your specific request.  If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access or use of our Services or those about your account or our ongoing business relations.

 

Children’s Online Privacy Protection Act

We are committed to protecting children’s privacy on the internet and we comply with the Children’s Online Privacy Protection Act.  Our services are not directed to individuals under the age of 13.  We do not knowingly collect personally identifiable information from children under the age of 13.  If you become aware that your child under the age of 13 has provided us with personal information without your consent, please contact us at fitnessetti@gmail.com.  If we learn that we have collected personal information from a child under the age of 13, we will take steps to promptly remove such information.

Security

Our Services employ reasonable security measures to protect the personal information you voluntarily submit to it.  Such security involves the use of SSL-secured web forms, firewalls, and other commonly employed security methods.  However, even with these security measures in place, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your information transmitted to our website.  Any transmission is at your own risk.


“Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond.  We will never request your password, user name, credit card information or other personal information through e-mail.

 

Changes

We may change this Privacy Policy from time to time.  If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy and, in some cases, we may provide you with additional notice (such as sending you an email notification).  If there are material changes to this Privacy Policy, we will notify you more directly by email or means of a notice on the home page, prior to the change becoming effective.  We encourage you to review our Privacy Policy whenever you access our Services to stay informed about our information practices and the ways you can help to protect your privacy.

If you disagree with any changes to this Privacy Policy and do not wish your information to be subject to the revised Privacy Policy, you will need to deactivate your account with us and stop using our Services.  Your use of any of our Services after the posting of such changes shall constitute your consent to such changes.

 

Notices to California Residents

Your California Privacy Rights – California Consumer Privacy Act (“CCPA”)

If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”) and you have certain rights with respect to that information. In particular, you have a right to request that we provide you with the following information:

  • The categories and specific pieces of personal information we have collected about you.

  • The categories of sources from which we collect personal information.

  • The purposes for collecting, using, disclosing, or selling personal information.

  • The categories of third parties with which we share or disclose personal information.

  • The categories of personal information disclosed about you for a business purpose

  • The categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for the categories of third parties to which the personal information was sold and the business or commercial purpose for selling personal information.

You also have a right to:

  • receive explicit notice of further sale of personal information about a consumer that has been sold to a third party by a business and an opportunity to exercise the right to opt-out of such further sale;

  • opt-out from the sale of personal information (we don’t sell your personal information);

  • request that we delete personal information under certain circumstances, subject to a number of exceptions; and

  • not be discriminated against for exercising rights set out in the CCPA.

To exercise your rights under CCPA, please email us at fitnessetti@gmail.com to make a formal request under CCPA.

Shine the Light

A California resident who has provided Personal Data, as defined under California Civil Code section 1798.83, to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. California Customers may request further information about our compliance with this law by emailing us at fitnessetti@gmail.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this email address.

Consent to Collection and Processing in the United States

By using our Services, you consent to having your personal data transferred to and processed in the United States