Privacy policy

This Privacy Policy is effective as of 28 June 2022.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY.

We are committed to protecting your privacy as a user (referred to as “User”, “you” or “your”), and we take our responsibility regarding the security of your Personal Data (defined below) very seriously. We will be clear and transparent about the Personal Data we are collecting and what we will do with that Personal Data.

This privacy notice (the “Privacy Policy”) describes the types of Personal Data we collect on https://fittgenn.com/ social media pages, online shop or one of our other products or services, all of which are part of FitGeneration (the “Platform”)

What Personal Data do we collect (including by automated means)?

We may ask for and collect your Personal Data (either directly through your use of the Platform or when you communicate with us in any other way, or indirectly through our third party partners or providers) in a number of ways to provide you with the products or services that you request – please refer to Section 3 below for more information on how we use your Personal Data. We may also collect information from you automatically when you visit our Platform – for more information, please refer to our Cookie Policy

“Personal Data” has the meaning given in the Data Privacy Law applicable to you, and includes any information or opinion relating to you which allows us to identify you, such as your name, phone number, social media name or ‘handle’, postal address, email address, details of products or services you have purchased, payment details and information about your access to our Websites.
Specifically, we may (either directly or indirectly) collect the following categories of Personal Data:

first and last names, email address and date of birth (this is mandatory information which we require when opening a user account on the Platform (“User Account”));
other information such as country of residence and gender, home address and telephone number;
health information (as described further below) including health information generated by the devices (e.g. smart watches, heart monitors) that you connect to the FitGeneration App;
fitness/lifestyle activity data provided by you on the Platform or generated through your use of the FitGeneration App (e.g. workouts completed, duration), including activity data generated by the devices (e.g. smart watches, heart monitors) that you connect to the FitGeneration App;
information you provide about yourself and any preferences in your User Account;
information about yourself which you choose to post or share in the Forum;
information you provide about yourself which you choose to share with us via a free text field, for example, when completing workout reviews, giving feedback to us about your experience in the Platform, completing member surveys, etc.;
information about your purchases of products and services from us or our third party partners who may provide or promote their own products or services through the Platform;
payment information, such as your transaction details, if you purchase something directly on the FitGeneration Platform or from our e-commerce providers (e.g. e-books). Note we do not receive or store payment information for your FitGeneration membership itself;
information about your use of the Platform;
communications with us or directed to us via letters, emails, chat services, calls, and social media;
where you have selected particular services or features on the Platform (e.g. scheduling your workouts, sharing your fitness activities with friends through social media platforms), your photos, audio, contacts and calendar information, as well as your social network information (including credentials and any information from your public posts about FitGeneration or your communications with us);
when you have sent a referral link to a friend, colleague, or family member or been referred to FitGeneration by a friend, we may be able to identify the identity of the person who referred you or who you referred;
any information you share in a social media post where you tag, use a hashtag, link, or otherwise direct the post to our attention;
when you have elected to sign up and log into the Platform using a third-party account you created (e.g. through Facebook or Apple), information you have agreed to make available to us (e.g. name, email address, profile information, preferences); and
your location where the IP address of your computer or device is used to determine your geographic location so that we can customise your experience on the Platform (e.g. language settings).

Health and Sensitive Information – Users may choose to enter health information into the FitGeneration App, like their height or weight, or, in specific circumstances designed to protect the user, whether they are pregnant. If users choose to participate in a pregnancy-related survey or workout program, they may also provide sensitive information about their pregnancy.

Some of the Platform’s functionalities (e.g. free text fields) may allow a User to enter information the User wants to share with FitGeneration that could be of a sensitive nature. These free text fields may appear completing workout reviews, submitting feedback on your experience of the Platform, or when completing customer surveys. Users may also choose to share potentially sensitive information when interacting with our support team.

FitGeneration may use or otherwise infer information about your health, including information about your medical conditions or requirements, as well as data on your physical characteristics from this information.

For users in jurisdictions that require it (European Union (“EU”), European Economic Area (“EEA”), the United Kingdom (“UK”), Australia, Canada, etc.), FitGeneration requires explicit consent from users before they can add their health data (like height and weight) into the App or otherwise submit sensitive information to FitGeneration. Users may always withdraw your consent to the processing of your sensitive information.

You can withdraw your consent for the processing of health data you entered into the App at any time within the Profile Menu in the FitGeneration App or by contacting us using the contact information in Section 11 below. If you provided FitGeneration with consent to process any other sensitive information, or you’re unsure about how to withdraw consent or about what information you did provide, please contact us using the contact information in Section 11, below. Withdrawing consent will not prohibit you from using the FitGeneration App, but please note some functionality across the Platform, like tracking weight loss progress, could be disabled or may not function properly.

Linked Devices – Users may choose to connect a third-party device (like an Apple Watch or fitness tracker) and enable that device to share your fitness activity or health information (e.g., heart rate, steps, water intake) it collects with FitGeneration. You can manage what data your device shares with FitGeneration at any time within the Apple Health or Google Fit application on your device.

3.1 Provide features of the Platform and the products and services you request:

We use the Personal Data you give us to provide the Platform and the products and services you request, including:

to create and set up your User Account;
to fulfil any orders for products that you place on the Platform, including to communicate with you about the orders and to process information for our internal accounting, billing and audit purposes;
if you use the Platform to track your fitness activity, we will collect and store this information so that you can review it on the Platform and track your progress. We may also use this information to calculate further information about your activity so that this can be provided to you as part of the functionality of the Platform;
if you choose to post in the Forum, the information that you share will be public information that can be accessed by anyone whether or not they are a part of the FitGeneration community. As the information posted to the Forum is public information, it will also be indexed and accessible via third party internet search engines, websites and apps. For further information about how content posted in the Forum is publicly available, please refer to our Forum Community Guidelines.

3.2 Communicate information about our products and services and for other promotional purposes:

With your consent, or as otherwise permitted by applicable Data Privacy Law, we will use your Personal Data to provide information that we believe is of interest to you, prior to, during, and after your interactions with us, including marketing communications and news concerning our products, services, events and other promotions. You can opt-out at any time after you have given your consent to such communications. In providing tailored promotional materials to you, FitGeneration may use the personal information collected through your use of the Platform, such as the user preferences you set and profile data you submit, any fitness activity data generated through your use of the Platform, and any medical conditions or dietary preferences that you have identified to us.

3.3 Customer service communications:

We use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us (e.g. to respond to your inquiries when you reach out to us). From time to time, we may also conduct customer surveys to gauge satisfaction with our Platform and the services and products that we provide.

3.4 Administrative or legal purposes:

We use your Personal Data to operate our business, including for statistical and marketing analysis, systems testing and to diagnose technical and service problems, maintenance and development of our Platform, or in order to deal with a dispute or claim. We may also perform data analysis based on the data we collect from you for statistical and marketing analysis purposes – for example, we may use information about how users of our Platform search for and find specific workouts to better understand the best ways to organise and present the content that we offer.

3.5 Security, health, administrative, crime prevention/detection and legal purposes:

We may use your Personal Data to verify your information and identity, and to protect against, identify and prevent fraud and other unlawful activities. We may also share your Personal Data with government authorities or enforcement bodies for compliance with legal requirements, or as otherwise required or permitted by applicable Data Privacy Law.

3.6 Other purposes:

We may also use your Personal Data in other ways, and where we do so, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Law.

We will only process your personal data where we have a legal basis to do so, which will depend on the reasons for which we have collected and need to use your personal data. In most cases we will need to process your personal data so that we can enter into contracts with you under our terms of use (when orders for products are made), and to fulfil the provision or delivery of goods or services to you on the Platform (including subscriptions to the Platform).

Our processing of your Personal Data for the above purposes is done pursuant to the following legal basis:

to comply with a legal obligation;
the processing is necessary for the performance of a contract with you, such as providing you with our services on the Platform;
if it is in our legitimate interests to do so as a business (e.g., for administrative purposes or to improve the functionality of our Platform);
where you have consented to our using your personal data (e.g., for the collection of data pertaining to your health status or marketing related uses);
where you have made such information public; and
to protect your vital interests or those of another person (e.g. in case of a medical emergency).

Where we receive your Personal Data as part of providing our services to you based on a contract, we require such Personal Data to be able to carry out the contract. Without that necessary Personal Data, we will not be able to provide our services to you.

Personal details including about your nationality or physical or mental health are considered “sensitive” Personal Data under applicable Data Privacy Law. We will process any such data only if you have given your explicit consent, or it is necessary (for instance, if you request special assistance), or if the sensitive Personal Data has been manifestly made public by you (e.g., by posting information about your health/fitness status in the FitGeneration Forum), or otherwise in compliance with applicable Data Privacy Law.

The Platform may require information about your physical health to provide certain functions or services, including when you use or interact with a Linked Device that integrates with the Platform. If you choose not to provide certain health information, some functions or services within the Platform may be unavailable or not function properly.

You may withdraw your consent for FitGeneration’s processing of your health information in the Profile Menu in the FitGeneration at any time.

4.1 Encryption and security

We follow strict security procedures in the storage and disclosure of your Personal Data, which are designed to protect it against misuse, unauthorised access, modification or disclosure and accidental loss, destruction or damage. The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting Personal Data and credit card details so that they can be securely transferred over the internet.

4.2 International transfers of your Personal Data

FitGeneration may operates businesses in multiple jurisdictions, some of which are not located in the EU, EEA, or the UK). The Personal Data that FitGeneration collects from users might be shared with third party data recipients (e.g., e-commerce and logistics providers such as Shopify, Aliexpress and customer support providers) that are not located in the EEA, UK, Australia or the United States of America. Therefore, the Personal Data that you provide to FitGeneration may be transferred internationally to countries other than the country in which you initially provided your data.

4.3 Retention of your Personal Data

We will not retain your data for longer than is necessary to fulfil the purposes for which it is being processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it, and whether we can achieve those purposes through other means.

We also consider the periods for which we might need to retain personal data in order to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made.

In general, this means that we will likely keep your Personal Data for as long as your User Account is open. Following closure of your User Account, however, we may still retain a limited portion of your Personal Data so that we can maintain a continuous relationship with you if and when we are in contact with you again, and to comply with our internal processes and any legal obligations.

When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can fully anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.

Information that you have shared in the Forum will remain public even after you have closed your Forum account. Where you choose to delete content that you have posted to the Forum, the information will not be deleted from third party websites, apps or internet search engine indexes instantly as removal of the content depends on third party policies.

COOKIES

A “cookie” is a small file stored on your device that contains information about your device. You have certain options with respect to the use of cookies and other tracking technologies on our site, including for the purposes of online interest-based advertising. For more information about the cookies we use, please refer to our Cookie Policy which forms part of this Privacy Policy.

You may also set your browser to send a Do Not Track (DNT) signal. Please note that our Websites do not have the capability to respond to DNT signals received from web browsers at this time.

Links to other websites
Our Platform may provide links to other websites for your convenience and information. These websites may operate independently from us. If you visit any website linked to our Platform, you are subject to that website’s own privacy policies. Linked websites may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites are not owned or controlled by us, we are not responsible for their content, any use of the websites, or the privacy practices of the websites.

Children
Users must be of legal age in their respective countries and not under 16 years old. Individuals are not allowed to sign up for a User Account on the Platform without verifying that they are 16 years of age or older. To the extent we identify any User that appears to be below the age of 16 years, we will reach out to that User to verify their age.

Updates to this Privacy Policy

FitGeneration may revise and update this Privacy Policy at any time in its sole discretion by posting an updated Privacy Policy on the Platform. All such changes to the Privacy Policy are effective immediately when posted to the Platform and apply to all access to and use of the Platform thereafter.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact me directly [email protected]