FLEXPIT PRIVACY NOTICE

Last Updated: March 12, 2018

Thank you for your interest in the Flexpit, LLC (“Flexpit”, “we”, “us”, “our”) fitness focused social media app – the only mobile app where you can compete against other fitness enthusiasts and climb the ranks of lift leaderboards as you improve your form and increase your strength. This Flexpit Privacy Notice (“Privacy Notice”) governs your use of the Flexpit mobile app (regardless of platform), the Flexpit website, and the Flexpit service (collectively, the “Flexpit Service”). You signify your assent to this Privacy Notice by using or accessing the Flexpit Service. DO NOT USE OR CONTINUE TO ACCESS THE FLEXPIT SERVICE IF YOU DO NOT AGREE TO BE BOUND BY THIS PRIVACY NOTICE.

WHAT THIS PRIVACY NOTICE COVERS

This Privacy Notice governs the manner in which we collect, use, disclose, and protect your personal information. This Privacy Notice does not apply to websites, apps, or services of companies that we do not own or control or to individuals that we do not employ or manage.

PERSONAL INFORMATION WE COLLECT

Information You Give to Us. You may voluntarily give us certain personal information when you claim your Flexpit Service account and use the Flexpit Service. That information may include: your first and last name, email address, and any other information you choose to provide to us.

Information We Collect Automatically. Whenever you access or use the Flexpit Service, we automatically receive and record information from your device and Internet browser, which may include: the device you use to access or use the Flexpit Service, your IP address, the type of browser or application you are using to access our products and services, the identity of the page or feature you are requesting, referring and exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit, and number of clicks (collectively, “Non-Identifiable Data”). We also collect information through the use of cookies, web beacons, and other technology. See the section labeled “Tracking Technologies and Do Not Track Signals” below for more details.

HOW YOUR INFORMATION IS USED

Personal Information. We may use your personal information:

  • to provide our products and services, including the Flexpit Service;
  • for the specific purpose for which that information was collected;
  • to address your customer service or technical support questions;
  • to alert you of new products or services, features, or enhancements;
  • to improve our products and services;
  • as otherwise permitted by law; and
  • for any other purpose with your consent.

Non-Identifiable Data. We may use and share Non-Identifiable Data (e.g. non-personal, de-identified information that can’t be used to identify you) for any lawful business purpose without any obligation or accounting to you. When we do so, we will take reasonable measures to ensure that the Non-Identifiable Data is not personally identifiable and cannot later be used to identify you.

WHEN WE MAY DISCLOSE YOUR PERSONAL INFORMATION

We will only disclose your personal information for the purposes described below:

With Your Consent. We may share your personal information when we have your consent. You can revoke your consent at any time by providing notice to us at contact@flexpit.com

Service Providers. We may employ other companies and people to perform tasks on our behalf and we may need to share your personal information with them to provide services to you. Unless we tell you differently, they do not have any right to use your personal information beyond what is necessary to assist us.

Protection of Flexpit. We may also disclose your personal information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our legal or other rights or to defend against a legal claim or as otherwise required or allowed by law. We may disclose your personal information in order to protect the rights, property, or safety of a user or any other person. We may disclose your personal information to investigate or prevent a violation by you of any contractual or other relationship with us or your illegal or harmful activity.

Business Transfers. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information may be among the assets transferred. Any acquirer of our assets may continue to process your personal information as set forth in this Privacy Notice.

MARKETING COMMUNICATIONS

You have the right at any time to prevent us from contacting you for marketing purposes. You can opt-out of promotional communications by following the unsubscribe instructions provided in each promotional email that we send to you. We may continue to send you administrative emails; for example, periodic updates to our Privacy Notice, even if you indicate that you no longer wish to receive promotional email from us.

RETENTION AND MODIFICATION OF YOUR PERSONAL INFORMATION

Correcting, Updating, Accessing, or Removing Personal Information. You can correct, update, or remove your personal information if it changes or if you no longer want to receive information from us beyond information related to our services. This can be done by emailing a request to contact@flexpit.com.You may also request access to your personal information that we collect by sending a request to contact@flexpit.com We may not be able to completely remove your personal information from our systems in certain circumstances. For example, we may retain your personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, if required by law, or as retained in our data backup systems or cached or archived pages. All of your personal information that we keep will continue to be subject to the terms of this Privacy Notice to which you have previously agreed.

Your California Privacy Rights. California Civil Code Section 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at contact@flexpit.com

CHILDREN’S PRIVACY

We do not knowingly collect information from children under the age of 13 (“Child” or “Children”), nor do we solicit personal information from Children. If you are a Child, please do not send any personal information about yourself to us. If you are the parent or legal guardian of a Child, we urge you to instruct your Child to never give out their real names, address, phone numbers, or any other personal information on the Internet without your permission.

If we learn that we have collected personal information from a Child, we will delete that information as soon as possible. Please email us at [contact@flexpit.com if you believe we have collected personal information from a Child.

TRACKING TECHNOLOGIES AND DO NOT TRACK SIGNALS

Tracking Technologies. We may use cookies, beacons, tags, scripts, and other tracking technologies to track how you use our websites. We may also use JavaScript or other computer languages to gather the sorts of information described above and other details about your interactions with our websites.

We use cookies for a variety of reasons, including to save your account settings and for authentication. You may adjust your web browser settings if you do not wish to receive cookies from us but this may prevent you from taking advantage of some of the functions and features available on our websites.

Do Not Track Signals. Our websites do not currently recognize or respond to “do not track” signals. [or] Our websites recognize and respond to “do not track” signals.

CONTENT THAT YOU PROVIDE

This Privacy Notice applies to how we collect and use your personal information. Please refer to our Terms of Use Agreement (viewable at www.flexpit.com for information about our policies and your rights of ownership relating to content, photos, videos, text, graphics, music, sounds, and other material or information provided by you, other Flexpit Service users, Flexpit, or third parties (collectively, the “User Content”). You understand and acknowledge that the User Content you provide when you use the Flexpit Service may allow a third party to personally identify or locate you.

LINKS TO OTHER WEBSITES

We do not post links to third party websites in the Flexpit Service. If a Flexpit Service user posts a link in the Flexpit Service, please be aware that we are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites.

USERS OUTSIDE OF THE UNITED STATES

The Flexpit Serivce is hosted in the United States and is governed by United States law. If you are using The Flexpit Service from outside the United States, please be aware that your personal information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Flexpit Service, you consent to your personal information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Notice.

HOW WE PROTECT YOUR PERSONAL INFORMATION

We take reasonable steps to maintain the security of your personal information; however, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit or provide to us, so you do so at your own risk.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to change, modify, add, or remove portions of this Agreement. We will post notice of modifications to this Agreement on this page. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified Privacy Notice you should immediately discontinue your use of the Flexpit Service.

CONTACT US

If you have any questions or would like further clarification about the Flexpit Service or this Privacy Notice, please e-mail us at contact@flexpit.com