Last revised: March 5, 2022
Your Consent for Our Collection, Use and Disclosure
Typically, we will seek consent for the collection, use or disclosure of your personal information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified). The form of consent that we seek, including whether it is express or implied, will largely depend on the sensitivity of the personal information and the reasonable expectations of the individual in the circumstances.
You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. If you wish to withdraw your consent at any time, please contact us as set out below. We will inform you of the implications of withdrawing consent.
We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.
What Personal Information We Collect
When you sign up for the FitnessClerk Website/App you will be required to share information that identifies you personally. “Personal Information” refers to any information that lets us know the specifics of who you are and which can be used to identify, contact or locate you. Examples of Personal Information include, without limitation, your first name together with your last name, your credit card number, your mailing address and/or email address, and your phone number.
When We Collect Personal Information
Generally, we collect Personal Information when you provide it to us by signing up on FitnessClerk Website/App, filling out surveys or questionnaires, joining our mailing list, corresponding with us, entering one of our sweepstakes or contests, choosing to submit testimonials, stories, photos or the like to the FitnessClerk Website/App, or otherwise volunteering information about yourself.
The Company usually collects Personal Information so that it can provide you with the Company’s goods or services. The Company may also use your Personal Information for other reasons, including updating you on the Company’s services, news and special offers (unless you choose to “opt-out” as described in the “Choice/Opt-out” section below).
If you don’t provide some of the Personal Information the Company asks for (e.g. your name, your mailing address and/or email address), it may be unable to provide you with the Company’s goods or services.
Anonymous User Information
The Company collects or may collect some information each time you visit FitnessClerk Website/App so we can improve the overall quality of your online experience. We collect or may collect your IP address, referral data, and browser and platform type. You do not have to register on the FitnessClerk Website/App or provide any Personal Information to us before we can collect this anonymous information. The Company assigns an anonymous ID number to your requests and links the following additional data to that anonymous ID number: the date and time you visited, your search terms, and the links you choose to click. Like most standard servers, we use log files to collect and store this anonymous user information. The Company analyzes the information to determine trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use.
Such aggregated anonymous information is used in our market research surveys, offers, and other activities.
Third Party Advertisements
The Company may allow other companies, called third party ad servers or ad networks, to display advertisements on the FitnessClerk Website/App to you. Some of these ad networks may place a persistent cookie on your device. Doing this allows them to recognize your device each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your device, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. The Company does not have access to or control over the cookies that may be placed by these parties on your device, and has no control over these parties’ privacy policies or information collection practices.
The Company may share non-personally identifiable information collected via the service in aggregate, anonymous form with advertisers or other third parties so that they may better evaluate what products and services are most appealing to different segments of the Company’s user base. The Company does not disclose your first name, last name, address, email address, or any other Personal Information to these third parties unless you give your express consent.
Cookies help us track your responses to our market research surveys, to record statistics behind special offers, our “shop & earn” promotions, electronic recycling and our polls, however, we will never share such personally identifiable information with third parties except as set forth below under “Sharing.”
Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the FitnessClerk Website/App unavailable to you, though we will make every effort to ensure that users who have disabled cookies are denied access only to those portions of the website that legitimately require cookies for their functionality.
Notwithstanding anything else in this policy, we or a data provider we have engaged may place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. To opt-out of these cookies and for more information, please visit aboutads.info/choices and/or networkadvertising.org/managing/opt_out.asp.
Personal Information collected by the Company may be disclosed to third parties to whom the Company contracts out specialized goods or services (such as IT service providers). If the Company does disclose Personal Information to third party contractors, the Company takes steps to ensure that those contractors:
• Comply with their obligations under applicable privacy laws; and
• Are authorized only to use Personal Information in order to provide the goods and services required by the Company.
The Company may also disclose your Personal Information to third parties where it has your express permission to do so, or where it can reasonably be inferred from the circumstances that you consent to the disclosure to the third parties. The Company tries to limit the information it provides to third parties to the information they need to help the Company provide goods and services to you.
Mergers; Business Transitions
In the event the Company goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ Personal Information will, in most instances, be part of the assets transferred, unless such a transfer will violate any applicable law.
Our goal is to keep you in control of the Personal Information you provide to us. Accordingly, you can review, correct, change or remove any personal registration information you provide to the Company. In order to “opt-out” and elect not to receive future communications from us, please email us at FitnessClerk.email@example.com.
Please note that as long as you remain a FitnessClerk user, opting not to receive email does not exempt you from receiving administrative emails, which include, but are not limited to, notices about vital service and status changes or alterations to the Company’s Terms.
Notification of Changes
Special Notification with respect to Children’s Privacy (Users under the age of 13)
In response to concerns about protecting children’s privacy online, Congress enacted the Children’s Online Privacy Protection Act of 1998 (“COPPA”), which sets forth rules and procedures governing the ways in which Website may collect, use and disclose any personal information for children under the age of 13. In accordance with the Company policy and COPPA regulations, we DO NOT:
Request or knowingly collect personally identifiable information online or offline contact information from users under 13 years of age; or
Knowingly use or share personal information from users under 13 years of age with third parties;
We request that children under the age of 13 not submit any Personal Information to us via the FitnessClerk Website/App. It is possible that by fraud or deception we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers.
Questions regarding children’s privacy should be directed to:
We use SSL (Secure Sockets Layer) encryption technology to safeguard the security of your Personal Information; however transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. You hereby acknowledge that the Company is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
Transfers of your Personal Information