View our previous Privacy Policy, effective until May 29 2022 here

View our previous Privacy Policy, effective until July 14 2022 here

Effective as of July 15, 2022

1.PURPOSE AND SCOPE

Welcome to our Privacy Notice! Fiture Holding LLC (together with our affiliates, “FITURE”, “we”, or “us”) has adopted this Privacy Notice to let you know how we treat the information that we collect from you in connection with our websites (collectively the “Site”), our fitness devices (such as our interactive-enabled fitness mirror) through which our services are accessed (the “FITURE fitness mirror”), our mobile application (the “App”), when you interact with us via our customer support service, including live chats and e-mail communications and social media channels and any other FITURE products, services or digital platforms that link to this Privacy Notice (together with the Site, FITURE fitness mirror, and App, the “FITURE Services” or “Services”), and in the context of certain offline activities described in this Privacy Notice, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or correct or change such information. This Privacy Notice supplements and forms a part of Terms of Service (the “Terms”). All individuals whose responsibilities include the Processing of Personal Information on behalf of FITURE are expected to protect that data by adherence to this Privacy Notice.

Residents of California should be aware that California law affords them certain rights regarding their Personal Information. We provide important information for Residents of California in Section 12.

This Privacy Notice does not apply to Personal Information of FITURE employees processed in the employment context, but employees who elect to use the Services will be treated as users in accordance with this Privacy Notice with respect to Personal Information processed as users of our Service.

2.TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

The types of Personal Information we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with FITURE and the requirements of applicable law. Some of the ways that FITURE may collect Personal Information include:

You may provide Personal Information directly to FITURE through interacting with the Services, participating in surveys, during events, promotions or sweepstakes, and requesting services or information.

As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

It is our goal to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

2.1 TYPES OF PERSONAL INFORMATION WE COLLECT. We collect Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively “Individuals”).

2.1.1 Information You Provide Directly to Us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with FITURE, purchasing FITURE products or Services from us, using the FITURE fitness mirror or participating in an online class via our membership services, we may ask you to provide some or all of the following types of information.

Purchases. When you choose to purchase FITURE products or Services from us including the FITURE fitness mirror, other fitness equipment and accessories, apparel, online classes via membership services offered through any FITURE fitness mirror, we may collect information from you including Personal Information, such as your name, email address, mailing address, phone number, password, billing address, payment information, such as a credit or debit card number and/or other related information that may be required from you to complete your purchase (such payment information, “Financial Information”). Unless we tell you otherwise at the time of your purchase or application for financing, your Financial Information is processed by our third-party providers and we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see Section 2.5 (“Third-Party Payment Processing”) below. We will also collect a username and password in connection with any account created via the Services.

Fitness And Performance Data. When you use the Services, we may collect your heart rate, steps counted, distance calculated using steps and/or other data gathered by any gadget or FITURE fitness mirror (such as a heart rate monitor or a smart bracelet) that you have connected to the Services, classes taken, fitness performance history (including workout history, such as hours spent on working out, calories burnt out, days spent on working out and times of working out), FITURE achievements, and details and additional fitness information that you choose to link to or share with us through the Services.

Profile Data. When you register for or update your FITURE account on the Services, we may ask you to provide information about yourself such as a username and password, email address, weight, height, gender, date of birth, injuries and/or limitations, equipment you own, activity preferences and image or avatar.

Once your FITURE account is created, anytime you log in to participate in an online class via our membership service, we will collect additional information and add it to your FITURE account profile (“User Profile”), such as the total number of classes taken, the dates you took those classes, the number of calories burned, the number of days and hours you have been active, your followers and who you are following, and any other information that may be available from time to time.

You acknowledge that your User Profile information may be personal to you, and by creating a FITURE account and providing such information through the use of our Services, you allow others, including FITURE, to identify you and therefore you may not be anonymous. User Profiles are set to public by default, which means that other registered FITURE members will also be able to view the information associated with your User Profile. You can set your profile to "Private Mode" at any time, which means that other members cannot see your fitness performance history and only members who are followers can see your profile.  Click here for more information on how to manage your privacy settings

Voice and Likeness. We may capture your visual image, likeness and voice recording (e.g., via photographs and/or video) when participate in online classes and/or call our member support or inside sales teams. We may record and store customer and technical support calls for training and monitoring purposes and to help resolve customer issues. We will tell you before recording, and where required by applicable laws, obtain your consent for the collection of these recordings.

In addition, the FITURE fitness mirror may contain a microphone and voice control features. When you speak the trigger words to the FITURE fitness mirror, the FITURE fitness mirror may collect your voice and you may be able to control your use of the Services (e.g., volume of the class, lightness of the screen of the FITURE fitness mirror) with spoken commands. Such features are in use only when activated by you once your turn on voice assistant related settings.

Skeleton Motion and Posture Information. The FITURE fitness mirror may contain a camera feature. This feature is only in use when activated by you. When you wave your hand or an object in front of the camera, the motion may activate the FITURE fitness mirror. When you participate in a Motion EngineTM class we may capture your visual images during the class. Using your visual image, Motion EngineTM will be able to calculate and analyze your skeleton motion and posture information and provide various kinds of exercise feedback (such as exercise scores) based on our use of the artificial intelligence technologies. We will not store your visual images and those images will be destroyed and deleted immediately after the aforementioned skeleton motion and posture calculation and analysis.

In addition, we will store your skeleton motion and posture information together with specific information in relation to your exercise (e.g., exercise time and your FITURE account ID) to help us improve our existing products and the Services or develop new products and the Services. Such storage feature is in use only when activated by you once you turn on the Motion EngineTM Feature. FITURE does not use this information to establish an individual’s identity.

Other User Information. We may also collect other information from you as a result of your use of the Services, such as online class attendance history, purchase history, fitness and health related information. We may associate this information with other Personal Information that you have provided in order to improve and provide the Services and as otherwise described in this Privacy Notice.

Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address, when you choose to request information about our Services, register to receive FITURE communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive member or technical support, communicate with us via social media channels or community forums or otherwise communicate with us.

Surveys and Reviews. From time to time, we (or third parties acting on our behalf) may contact you to participate in research, surveys or beta testing or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include Personal Information. All information collected from your participation in our research, surveys, reviews or testimonial process, or beta testing is provided by you voluntarily. We may use such information to improve our products, our Site and/or Services, and in any manner consistent with this Privacy Notice.

Posting on the FITURE or Third-Party Services. We may offer publicly accessible blogs, social media pages, product review pages, private messages or community forums. You should be aware that, when you disclose information about yourself on FITURE’s blogs, social media pages, product review pages, private messages, or community forums, we will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content, such as text, images, audio, and video, to any public area of the Services or on any public sites operated by third parties, such content, along with the metadata associated with the files you share, will be considered “public” and will not be subject to the privacy protections provided in this Privacy Notice.

Registration for Sweepstakes or Contests. Occasionally, we may run sweepstakes and contests. We ask those who enter sweepstakes or contests to provide contact information (e.g., a phone number or an email address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.

Location Information. Based on your interaction with the Services, the type of device (such as desktop, mobile, tablet or FITURE fitness mirror) you use to access the Services, and your devices connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, city, county, zip code and region, and your location and your smart FITURE fitness mirror’s proximity to “beacons”, Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience, to enable you to connect the FITURE fitness mirror with the App, or to better understand your interaction with our products and services in our showrooms. Unless you provide us with your consent to do otherwise, this information will only be used by us and our service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device. Notwithstanding, you acknowledge that you need to provide your Internet protocol (IP) address, GPS location and your FITURE fitness mirror’s proximity to Bluetooth networks for the purpose of the connection between the FITURE fitness mirror and the FITURE App.

Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, MAC address, IMEI, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

Information Submitted Via Services. You agree that we are free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or the Services. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:

a.you grant us permission to do so;

b.we first send notice to you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or

c.we are required to do so by law.

2.1.2 Information from Other Sources. We may receive information about you from other sources, including through third-party services and organizations, to supplement information provided by you. For example, if you access the Services through a third-party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or social media sites such as Facebook, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your username, location, gender, date of birth, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to FITURE and to enhance our ability to provide you with information about our business, products and the Services.

2.2 HOW FITURE USES YOUR INFORMATION

2.2.1 To Provide Products, Services or Information Requested. We may use information about you to fulfill requests for products, the Services or information, including information about potential or future services, including to:

2.2.2 Generally manage Individual information and accounts;

2.2.3 Respond to questions, comments, and other requests;

2.2.4 Provide access to certain areas, functionalities, and features of the Services;

2.2.5 Assist with monitoring your performance, fitness and health related statistics and usage trends;

2.2.6 Personalize exercise and activity goals for you based on your settings and your historical exercise or activity data;

2.2.7 Communicate with you about logistical matters, including product deliveries and product servicing visits;

2.2.8 Provide services to you;

2.2.9 Review and contact you to answer requests for member support or technical support; and

2.2.10 Allow you to register for classes and events.

2.2.11 Administrative Purposes. We may use Personal Information about you for its administrative purposes, including to:

2.2.12 Measure interest in the Services;

2.2.13 Develop new products and the Services;

2.2.14 Ensure quality control;

2.2.15 Verify Individual identity;

2.2.16 Communicate about Individual accounts and activities on the Services and systems, and, in FITURE’s discretion, changes to any FITURE policy;

2.2.17 Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;

2.2.18 Process payment(s) for products or services purchased;

2.2.19 Process applications and transactions;

2.2.20 Prevent potentially prohibited or illegal activities;

2.2.21 Maintain and administer our Services; and

2.2.22 Enforce our Terms.

2.2.23 Marketing FITURE Products and Services. We may use Personal Information to provide you with materials about offers, products and the Services that may be of interest, including new content or services. We may provide you with these materials by phone, postal mail, text, WhatsApp or email, as permitted by applicable law. Such uses include:

• To tailor content, advertisements and offers;
• To notify you about offers, products and services that may be of interest to you or about which you have previously expressed an interest;
• To provide the Services to you;
• For other purposes disclosed at the time that Individuals provide Personal Information; or
• Otherwise with your consent. You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 4 below.

You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 4 below.

2.2.24 Research and Development. We may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and the Services or develop new products and the Services. From time to time, we may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of the Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.

2.2.25 Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, WhatsApp messages, text messages and/or phone calls from us with information on FITURE’s or our business partners’ products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 4 below.

2.2.26 Services via Apps and other Devices. From time to time, we may provide the Services that are specifically designed to be compatible and used on third-party devices, such as mobile phones, smart TVs, and tablets. We will collect certain information that your device sends when you use such the Services, like a device identifier, user settings, location information, carrier and the operating system of your device. These versions of the Services may require that users log in with an account. In such cases, information about use of these versions of the Services may be associated with accounts. In addition, we may enable you to download an application, widget or other tool that can be used on mobile, tablet or other devices. Some of these tools may store information on your devices. These tools may transmit Personal Information to FITURE to enable you to access accounts and to enable FITURE to track use of these tools. Some of these tools may enable users to export reports and other information from the tool. We may use personal or non-identifiable information transmitted to FITURE to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Notice or in other notices FITURE provides.

2.2.27 Anonymous and Aggregated Information Use. We may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within FITURE and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

2.2.28 Sharing Content with Friends or Colleagues. FITURE Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services, such as “Refer a Friend.” Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be used by FITURE for any other purpose.

2.2.29 Other Uses. We may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

2.3 COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING

2.3.1 We, as well as third parties that provide content, advertising or other functionality on the Services, may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.

• Cookies. Cookies are small text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of tracking user activity and patterns, helping you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
• Social Media Widgets. The Site includes social media features such as links to Facebook, Instagram, Twitter, TikTok and LinkedIn (that might include widgets, such as, the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third-party or hosted directly on the Site. Your interactions with these features are governed by the Privacy Notice of the company providing it.
• Analytics. We may also use analytics services providers, such as Google Analytics, Looker and Amplitude, to collect information regarding visitor behavior and visitor demographics on some of the Services and to develop website content. This analytics data is not tied to any Personal Information. To opt-out of Google Analytics’ collection and Processing of data generated by your use of the Services, please visit https://tools.google.com/dlpage/gaoptout. To opt-out of other analytics services providers’ collection and Processing of data generated by your use of the Services, please send an email to support@fiture.com.

2.3.2 Our uses of such Technologies fall into the following general categories:

• Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, Apps, and FITURE fitness mirror. This includes Technologies that allow you access to our Site, Services, Apps, and FITURE fitness mirror; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions;
• Performance Related. We may use Technologies to assess the performance of our Site, Apps, Services and FITURE fitness mirror, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, Apps, Services or FITURE fitness mirrors;
• Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, Apps or FITURE fitness mirror. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites; and
• Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third-party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

2.3.3 If you would like to opt-out of the Technologies we employ on our Sites, Services, Apps or FITURE fitness mirror, you may do so by blocking, deleting or disabling them as your browser or FITURE fitness mirror permits. See Section 4 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, Apps and FITURE fitness mirror, and may prevent you from being able to access certain features.

THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS. The Service may contain links to other websites and other websites may reference or link to the FITURE Site or other Services. These other domains and websites are not controlled by us, and FITURE does not endorse or make any representations about third-party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.

FITURE Services may include publicly accessible blogs, community forums, message boards, or private messaging features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third-party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

We use third-party software development kits (“SDKs”), as part of the functionality of our Services, and FITURE fitness equipment may contain wireless data transfer capabilities such as near field communication (or NFC) to facilitate pairing to FITURE fitness mirrors using these SDKs and other wearable FITURE fitness mirrors. We may also enable you to link your FITURE account to certain health-related applications. If you choose to link your FITURE account with such applications, you can decide to share the health information we collect about you while you use the Services, including but not limited to your heart rate, steps counted, calories, time spent working out, and the list of your FITURE workouts taken with such applications. If you decide to do so, you may also be able to transfer other personal information, such as your gender, date of birth, heart rate, height, from the health-related applications to FITURE. If you make this election, this information may be used by FITURE to update your FITURE User Profile and track your metrics in FITURE classes. You may opt-out of tracking at any time by configuring your privacy settings on such applications. We do not share information that we collect from SDKs or other health-related applications with third parties for their advertising or marketing purposes. Your interactions with SDKs or other health applications are governed by the Privacy Notice of the company providing the service.

We encourage you to read the Privacy Notice and other policies of any third-party platform you use in connection with the Services.

2.4 THIRD-PARTY PAYMENT PROCESSING. When you make purchases through the Services, we Process your payments through a third-party application or, in the case of online or in-person purchases, via a Third-Party payment processor. In these instances, the third-party application may collect certain Financial Information from you to Process a payment on behalf of FITURE, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third-party app’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Notice. For more information on our use of Third-Party payment processors and financing partners, including the name(s) of the entities that we partner with, please email to FITURE at support@fiture.com.

3. ONWARD TRANSFER—FITURE MAY DISCLOSE YOUR INFORMATION

3.1 INFORMATION WE SHARE. We may share your information as described in this Privacy Notice (e.g., with our third-party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission.

• We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. These vendors and third parties may use your personal information only as authorized under our contracts with them. The types of service providers to whom we entrust Personal Information include service providers for:

(a) provision of IT, analytics and related services;

(b) provision of information and services you have requested;

(c) payment processing;

(d) customer service activities such as deliveries and member support; and

(e) in connection with the provision of the Services. FITURE’s Notice is to execute appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Notice.

• Business Partners. We may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. We may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with FITURE.
• Displaying to Other Users. The content you post to the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site. We are not responsible for the privacy practices of the other users who view and use posted information. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
• Marketing – Interest-Based Advertising and Third-Party Marketing. We may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Sites (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third-party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-FITURE related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with third-party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 4 below.
• Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:

(a) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;

(b) to respond to your requests;

(c) to protect yours, ours or others’ rights, property or safety;

(d) to enforce FITURE policies or contracts;

(e) to collect amounts owed to FITURE;

(f) to comply with records retention policies;

(g) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or

(h) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.

>Professional Advisors. Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us. >Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, we will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Notice in effect at the time such Personal Information was collected. >For Other Purposes. We may also share your personal information for other purposes described in this Privacy Notice or with your consent.

3.2INTERNATIONAL DATA TRANSFERS. You agree that all Personal Information collected via or by FITURE may be transferred, processed and stored anywhere in the world, including but not limited to the United States, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to FITURE, you explicitly consent to the storage of your Personal Information in these locations.

4.OPT-OUT (RIGHT TO OBJECT TO PROCESSING)

4.1GENERAL. You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to FITURE’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by email our Support team at support@fiture.com.

Please note, even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Service and/or information from the advertisements on third-party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.

4.2EMAIL, TEXT AND TELEPHONE COMMUNICATIONS. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us or contact us as described in Section 10. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding FITURE and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms of Service or this Privacy Notice).

If you opt in, you may receive text messages from FITURE. “FITURE Account” text messages may be either non-promotional messages from FITURE alerting you to important information, such as the details of your delivery, failed membership payments and/or other alerts related to your FITURE membership or purchases or promotional messages from FITURE notifying you of FITURE offers and promotions. To opt-out of receiving “FITURE Account” text messages, please text STOP to [insert number]. We will send you one final message to confirm that you have been unsubscribed and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you experience any issues with text messages from FITURE, text HELP to [insert number] or email our Support team at support@fiture.com. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.

We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

4.3MOBILE DEVICES. We may occasionally send you push notifications through the App with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. We may also collect location-based information if you use the App. You may opt-out of this collection by changing the settings on your device.

4.4“DO NOT TRACK”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

4.5COOKIES AND INTEREST-BASED ADVERTISING. As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third-party websites that contain the AdChoices link, and that link to this Privacy Notice, may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

5.RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

Although FITURE makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which FITURE is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If FITURE determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information. You can request to exercise your rights of access, rectification, erasure, and restriction rights by email at support@fiture.com.

6.DATA RETENTION

We retain the Personal Information we receive as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When your FITURE account is deleted or we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.

Deleting your FITURE account may not fully remove the content you have published from our systems, as caching of, backups of, copies of, or references to your FITURE account information may not be immediately removed. In addition, given the nature of sharing on the Services, some of the public activity on your FITURE account prior to deletion may remain stored on our servers and accessible to the public.

7.SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

8.NON-U.S. USERS.

By using the Services, you consent to FITURE’s transfer of your data to the United States. By choosing to visit the Site, use the Services, or otherwise provide information to us, you agree that any claim, request for relief or other Dispute (defined as below) over privacy or the terms contained in this Privacy Notice will, to the extent permitted by law, be governed by the laws of State of New York, United States of America, without giving effect to any conflicts of law or choice of law rules or principles that would require the application of the law of any other jurisdiction. Any dispute, claim or controversy arising out of or relating to this Privacy Notice or the breach, termination, enforcement, interpretation or validity thereof, or the use of the FITURE Services, or any aspect of your relationship with FITURE over privacy (collectively, “Disputes”) will be handled in accordance with the dispute resolution provisions in the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Privacy Notice.

9.CHILDREN’S PRIVACY

You are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction and if you do not meet the age requirements in our Terms of Service. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@fiture.com. If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries), we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.

10.REDRESS/COMPLIANCE AND ACCOUNTABILITY

If you have any questions about our privacy practices, this Privacy Notice, or how to submit a complaint with the appropriate authority, please contact FITURE by email at support@fiture.com or at the address below.

Attn: Legal Department

Fiture Holding LLC

873 Broadway, Unit 205,

New York, NY, 10003

We will address your concerns and attempt to resolve any privacy issues in a timely manner.

11.CHANGES TO OUR PRIVACY NOTICE AND PRACTICES

We may update our Privacy Notice from time to time. When we make material changes to this Privacy Notice, we will notify you by updating the effective date of this Privacy Notice and posting the modified Privacy Notice. We may also provide notification of changes via email if we have your email address, through the Service or in another manner that we believe is reasonably likely to reach you. Any modifications to this Privacy Notice will be effective when posted (or as otherwise indicated at the time of posting). You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you use the Services after the updated Privacy Notice is posted on the Services (as reflected in the above Effective Date). If at any point you do not agree to any portion of the Privacy Notice, you must immediately stop using the Services.

12.IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS

12.1GENERAL. This section applies only to California residents and is immediately effective at the time this Privacy Notice is posted. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

12.2YOUR CALIFORNIA PRIVACY RIGHTS. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months.

(1) The categories of Personal Information that we have collected;

(2) The categories of sources from which we collected Personal Information;

(3) The business or commercial purpose for collecting and/or selling Personal Information;

(4) The categories of third parties with whom we share Personal Information;

(5) Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third-party recipient;

(6) Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third-party recipient.

• Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
• Deletion. You can ask us to delete the Personal Information that we have collected from you.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of the FITURE Service. 

12.3 HOW TO EXERCISE YOUR RIGHTS. You may exercise your California privacy rights described above as follows:

• Right to information, access and deletion. You can request to exercise your information, access and deletion rights by emailing us at support@fiture.com. We reserve the right to confirm your California residence and will need to confirm your identity to process your requests. As part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
• Request a list of third-party marketers. California’s “Shine the Light” law (California Civil Code § 1798.83) allows California residents to ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide certain information about the companies’ sharing of certain personal information with third parties for their direct marketing purposes during the preceding year. You can submit such a request by sending an email to support@fiture.com with “Shine the Light” in the subject line. The request must include your current name, street address, city, state, and zip code and attest to the fact that you are a California resident.
• We do not sell your personal information.  Based on our understanding of the term “sell” under the CCPA, we do not “sell” your Personal Information and have not sold it to third parties for a business or commercial purpose in the 12 months preceding the effective date of this Privacy Notice. However, like many companies online, we use services provided by Google, Facebook and others that help deliver interest-based ads to you as described in the section above, entitled Interest-Based Advertising. You can review your options for opting-out of such services above.

PERSONAL INFORMATION THAT WE COLLECT, USE AND SHARE. We are required to explain the categories of Personal Information we collect by reference to the categories specified by the CCPA, which are described in the list below. For each category, we list the type of data we collect and the source of that data as described in the section above entitled Personal Information We Collect. We have not sold your personal information in the preceding 12 months.

Identifiers

What we collect: Name, email address, mailing address, shipping address, phone number, username, physical characteristics, birthday, location, images of you.

Sources: Vendors and service providers, business partners, other FITURE users, third-party advertising partners.

Protected Characteristics

What we collect: Age, gender.

Sources: Vendors and service providers, other FITURE users, business partners, third-party advertising partners.

Biometric Information

What we collect: If you take a class that uses the Motion EngineTM feature, FITURE may calculate and analyze your skeleton motion and posture information and provide various kinds of exercise feedback to you. FITURE does not use this information to establish an individual’s identity.

Sources: FITURE users that have enabled the Motion EngineTM feature.

Geolocation Data

What we collect: IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

Sources: Vendors and service providers, business partners, third-party advertising partners.

Financial, Medical, or Health Information

What we collect: Payment information; to the extent you have worn any gadget or device (such as a heart rate monitor, a smart bracelet), your health information over the course of a class, such as your heart rate, steps counted, distance calculated using steps.

Sources: Vendors and service providers, business partners.

Audio, Electronic, Visual, or Similar information

What we collect: Your visual image, likeness and voice recording; skeleton movement information during the class training; recordings of member support and sales calls.

Sources: Vendors and service providers.

Professional Information

What we collect: Company name and title for visitors and guests

Sources: Vendors and service providers.

Inferences drawn from any of the above information categories

What we collect: Inferences about the type of classes you prefer.

Sources: Vendors and service providers, third-party advertising partners.

The business and/or commercial purposes for which we use each category of Personal Information above are described in the Section 2 above. The categories of third parties to which we disclose each category of Personal Information above of Personal Information for business purposes are described in the section above entitled With Whom We Share Your Personal Information. 

The above summary of how we collect, use, share Personal Information describes our practices for the 12 months preceding the effective date at the top of this Privacy Notice.  Information that you choose to provide to us may include other categories of information.

13.DEFINITIONS

The following capitalized terms have the meanings set forth below.

• “Agent” means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, FITURE or to which FITURE discloses Personal Information for use on its behalf.
• “Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of FITURE or its subsidiaries worldwide.
• “Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
• “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
• “Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections, such as certain financial or medical information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, such as:

1.race or ethnic origin;

2.political opinions;

3.religious or philosophical beliefs;

4.trade union membership;

5.genetic data;

6.biometric data where processed to uniquely identify a person;

7.health information;

8.sexual orientation or information about the Individual’s sex life; or

9.information relating to the commission of a criminal offense.

• “Third-Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, FITURE or FITURE’s Agents.

Have questions or need help, you can contact us by email at us-legal@fiture.com or at our address below.

Fiture Holding LLC

873 Broadway,

Unit 205,

New York, NY, 10003

Attn: Legal Department