Fitness Formulary, LLC
Privacy and Security Policy
Last Updated January 15, 2017
I. Safe Harbor Certification
In light of the international nature of our business, Fitness Formulary complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. For more information about the Safe Harbor program, please visit http://www.export.gov/safeharbor/.
II. The Information We Collect
Fitness Formulary collects the following types of information via the Site directly and indirectly through our service providers and advertising partners ("Service Providers").
III. Personal Information
IV. Non-Personal Information
Activity Information. We may collect your IP address, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Site visited, number of links you click while on the Site, search terms, operating system, website traffic and related statistics, keywords and/or other data.
Geolocational Information. We may collect information regarding your current location (e.g., by IP address, by latitude/longitude, or zip code) when you visit the Site or use the Services. In order to provide certain Services while you are visiting our mobile site or using our Mobile Apps, we may, with your consent, automatically collect geolocational information from your mobile device, wireless carrier or third party service providers. Your mobile device also permits you to turn off the location services. Please be sure to manage your mobile device and privacy preferences for the Services on a consistent basis.
V. Cookies and Other Tracking Technologies
"Session" cookies are temporary cookies used for various reasons, such as managing page views and your shopping cart. Typically, your browser will erase session cookies once you exit the browser. "Persistent" cookies are more permanent cookies that are stored on your computer or mobile device after you exit the browser. Persistent cookies allow us to retrieve certain information that you have previously provided to us (for example, your user ID if you ask to be remembered). The Site may use both session and persistent cookies.
The Site may also use "tracer tags," which are tiny graphic images placed on Site pages or in our e-mails that allow us to determine whether you have performed certain actions. When you access these pages or open e-mail messages, the tags generate a notice of that action to us or our Service Providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
You may manage, block or delete cookies and other tracking technologies by adjusting your browser's security and privacy settings but, if you do so, you may not be able to use particular features of the Site or the Services.
VI. How We Use Your Information
Fitness Formulary may link or combine Personal Information with other personally identifiable information (such as transaction history) and Non-Personal Information that is available from our records and other sources. We may use this combined information for marketing and advertising programs, to enforce Site policies, protect the Site, our customers and others, and to comply with applicable law.
VII. Sharing Your Information
Fitness Formulary may share your Personal Information and Non-Personal Information with third parties without notice to you under certain circumstances including:
• Service Providers.
• When we engage a Service Provider to perform certain business-related functions, we only provide them with the information that they need to perform their specific function. We may also share your information with any of our parent companies, subsidiaries, or other companies under common control with us.
• Legal Requirements.
• We may disclose your information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate (i) to operate the Site, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of users of the Site or the public.
• Business Transfers.
• We may share your information with business partners, or buy or sell businesses or assets. In the event of a corporate sale, asset sale, merger, reorganization, dissolution or similar event, Personal Information, and Non-Personal Information may be part of the assets that are transferred.
• Aggregated Information.
• We may aggregate Personal Information and Non-Personal Information and provide it to our existing or potential business partners, sponsors, advertisers or other third parties, in response to a government request, or to other third parties for lawful purposes.
• Fitness Formulary may disclose Personal Information to third party marketers (who may combine such Personal Information with their own records, and records available from other sources), for their own direct marketing purposes, and the direct marketing purposes of other third party marketers. If you wish to opt-out of sharing your Personal Information with third party marketers for their own and third party direct marketing purposes, please unsubscribe.
VIII. User Content
We are not responsible for protecting any Personal Information or User Content you post on the Site or on social media web pages associated with Fitness Formulary. Any Personal Information or User Content posted on the Site or associates social media pages is publicly available, unprotected and may be viewed by anyone with access to the specific website.
User Content or Personal Information published on the Site or associated social media sites may also appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third party websites pursuant to cobranding agreements. We have no control over updating and/or removal of such User Content or Personal Information, which is the sole responsibility of the search engines, third party websites and RSS web feed resources. You agree and acknowledge that Fitness Formulary is not liable for the information published in search results or by any third party website that carries any User Content or Personal Information published on the Site or associated social media sites. We strongly discourage posting any Personal Information or User Content that you do not want others to see or use.
Fitness Formulary reserves the right, but has no obligation, to monitor User Content and Personal Information posted on the Site. You acknowledge that by providing you with the ability to post, view and distribute User Content and Personal Information on the Site, Fitness Formulary is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating thereto. We reserve the right, but have no obligation, to block or remove communications, User Content, Personal Information or other submissions to the Site, for any reason or no reason, in our sole and absolute discretion.
Fitness Formulary may, directly or indirectly through Service Providers, serve personalized advertisements for Fitness Formulary products, services and programs when you visit the Site and other sites. Fitness Formulary and Service Providers may use Personal Information and Non-Personal Information collected during your visits to the Site to select advertisements, perform, or have performed, cookie synchs, and otherwise combine and compare your information with other databases for Fitness Formulary's commercial purposes. You may opt-out of the tailoring of advertising based on information we collect. To learn more about the use of this information, or to choose not to have this information used by our third-party advertising partners by opting out, please visit the Network Advertising Initiative by clicking www.networkadvertising.org/managing/opt_out.asp.
Fitness Formulary offers you control over your privacy preferences regarding email. You may update these preferences at any time. Please allow sufficient time for your preferences to be processed.
• You may opt-out of receiving promotional emails from us regarding new features, services and special offers when registering for an account by unchecking the box that asks whether you would like to receive e-mail updates.
• You may unsubscribe from receiving promotional e-mails of certain types (or a company-wide unsubscribe) at any time by using the Unsubscribe page on the Site. Please pay careful attention to the various options for unsubscribing. You may have the option to unsubscribe from one or more special interest lists or unsubscribe from all promotional e-mails.
• When you receive a promotional e-mail from Fitness Formulary, it will contain a link that allows you to unsubscribe. If you decide to use this opt-out link, you will no longer receive special offers, valuable coupons, new product introductions and informational health and wellness newsletters from Fitness Formulary via email or direct mail; however, you will continue to receive non-promotional e-mails and direct mail from us, such as order confirmations.
• You may opt-out from promotional emails from us by calling Customer Care, or visiting a Fitness Formulary retail location and advising an associate that you wish to opt-out.
• (415) 255-5888
Fitness Formulary takes reasonable precautions to safeguard your Personal Information against unauthorized access or disclosure including Secure Sockets Layer (SSL) encryption. Unfortunately, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us online, and Fitness Formulary is not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.
When creating an account on our Site, you are required to establish a password. To maximize your level of protection, you should choose a password with at least 6 characters, using a combination of letters and numbers. We recommend that you not disclose your password to any other person. You are solely responsible for maintaining the secrecy of your password and account information, and for all activities that occur under your password or account.
Credit card and other financial information that is necessary to complete purchases on the Site is collected and processed by a Service Provider and encrypted using SSL before transmitted over the Internet.
XII. Accessing and Correcting Personal Information
The Site is not intended for use by children under the age of 13. Fitness Formulary does not knowingly collect or use any Personal Information from such children. If you are under the age of 13, do not submit any information to this Site. If we learn that we collected Personal Information from children under the age of 13, we will take steps to delete that information as soon as possible.
XV. Privacy Practices of Third Parties
XVI. Governing Law
XVII. Important Notice to Non-U.S. Residents/Safe Harbor Certification
Fitness Formulary abides by the principles set forth in the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union member countries and Switzerland. However, it is important to note that the servers that store the information are operated in the United States or at one of our other data centers located outside the United States. If you are located outside of the United States, please be aware that any information provided to us may be transferred to the United States. By visiting the Site and/or using our Services, you consent to this transfer.
XVIII. California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of Personal Information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To submit a request pursuant to Section 1798.83, please contact Fitness Formulary.
XIX. Contact Us
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