If you live in certain countries, additional terms may apply to you and can be found at the end of this Privacy Policy (the "Additional Terms"). These Additional Terms override the other terms of this Privacy Policy to the extent of any inconsistency.
We are committed to protecting your privacy as a user (referred to as
This privacy notice (the
a. the types of Personal Data we collect on the fitsee fitness website, fitsee fitness mobile application ("
b. how we hold and use the information, including to provide promotional materials and advertisements that have been tailored to you based on the Personal Data that you have provided;
c. with whom we may share it;
d. the choices available to you regarding our use of your information;
e. the measures we take to protect the security of the information; and
f. how you can contact us about our privacy practices.
2.1 email address (mandatory information which we require when opening a user account on the Platform ("User Account"));
2.2 other information such as country of residence, gender and telephone number;
2.3 information you provide about yourself and any preferences in your User Account;
2.4 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;
2.5 information about your use of the Platform;
2.6 communications with us or directed to us via letters, emails, chat services, calls, and social media;
2.7 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 fitsee or your communications with us);
3.1 Provide features of the Platform and\n 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:
3.1.1 to create and set up your User Account;
3.1.2 to fulfill 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; and
3.1.3 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.
3.6.1 to comply with a legal obligation;
3.6.2 if it is in our legitimate interests to do so as a business (e.g. for administrative purposes) and to improve the functionality of our Platform;
3.6.3 where you have consented to our using your personal data (e.g. for marketing related uses); and
3.6.4 to protect your vital interests or those of another person (e.g. in case of a medical emergency).", attributes: [NSAttributedString.Key.font : UIFont.systemFont(ofSize: 17, weight: .light)]))
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.
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 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.
We may share your Personal Data with the following people for the purposes described in this Privacy Policy:
5.1. third party social media platforms in various circumstances, including where:
Please refer to the privacy policy of those third-party social media platforms to find out more about these practices;
5.1.1 you are able to access third party social media services through our Platform or before coming to our Platform;
5.1.2 you connect your User Account to your social media account, in which case we will receive from the social media platform the Personal Data you choose to share, based on the preferences and settings on your social media account. We will use this information in order to improve and personalize your use of our Platform; and
5.1.3 we use social media plugins on our Platform (e.g. a “share” or “like” button), and your use of these plug-ins, may result in the disclosure of certain of your information to the social media platform in question, and possibly presented on your social media profile, to be shared with others in your network – however, we will only share your Personal Data with these social media platforms if you have provided your express consent for us to do so.
5.2. government authorities, law enforcement bodies and regulators for compliance with legal requirements, or where otherwise required by applicable Data Privacy Law; and
5.3. our legal and other professional advisers in order to enforce our legal rights in relation to our contract with you.
5.4. We may also transfer your Personal Data to potential buyers in the event that we sell or transfer all of a part of our business or assets (including in the event of a reorganization or dissolution / liquidation), under strict non-disclosure restrictions, and solely in order to allow a buyer to determine whether to proceed with the transaction, or where such a determination is made, to complete it.
6.1 Under certain circumstances, by applicable Data Privacy Law you may have the right to:
6.2 If you wish to exercise your rights related to your Personal Data (including the rights set out above), please contact the fitsee App team using the details in Section 9.
6.3 While you will generally not be required to pay a fee to access your Personal Data or to exercise any of your other statutory rights, we may charge a reasonable fee if your request for access is clearly completely unfounded or excessive or decline to comply with such requests where permitted by applicable Data Privacy Law.
6.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it and to prevent unauthorized modification of your personal information.
6.5 You also have the right to lodge a complaint about our processing of your Personal Data with the body regulating data protection in the country or state / province in which you live.
6.6 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 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.
We welcome questions and comments about this Privacy Policy and our privacy practices. If we receive a complaint from you about how we have handled your Personal Data, we will investigate and determine what action we should take to resolve the complaint. We will contact you within a reasonable time and may request more information to assist us with our investigation. We aim to resolve all complaints in a timely manner.
If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your Personal Data, please contact the fitsee App team at the following email address: support@thefitsee.com. Alternatively, you can contact the fitsee App team by sending a message to fitsee profile via in app chat.
If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Privacy Policy:
1.1 The provisions in this paragraph 2 of the Additional Terms are intended to fulfil the requirements of the California Consumer Privacy Act (\"CCPA\") and shall apply to Users who are resident in California.
1.2 To the extent that any terms used in this Privacy Policy and paragraph 2 of the Additional Terms are defined in the CCPA, such definitions shall apply. The term "Personal Data" as used in this Privacy Policy and paragraph 2 of the Additional Terms shall include \"Personal Information\" as such term is defined in the CCPA.
1.3 The categories of Personal Data collected by Sweat in the last 12 months are described in Section 2 of the Privacy Policy and, for the purposes of the CCPA, correspond to the following categories of Personal Information listed in the CCPA:
1.3.1 identifiers and personal information categories referenced in applicable California law (first and last names, email address, telephone number, where you have selected particular services or features on the Platform, social network information);
1.3.2 protected classification characteristics under California or US federal law (age, gender, country of residence, medical conditions or requirements);
1.3.3 commercial information (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);
1.3.4 internet or other similar network activity (information about your use of the Platform and your IP address;
1.3.5 geo-location data 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);
1.3.6 audio, electronic, visual, or similar information (e.g. your photos and audio where you have selected particular services or features on the Platform); and
1.3.7 inferences drawn from other Personal Data (dietary preferences, information you provide about yourself and any preferences in your User Account, communications with us or directed to us via letters, emails, chat services, calls, and social media, fitness activity data provided by you on the Platform or generated through your use of the fitsee App;
1.4 We will not process your Personal Data for purposes which are materially different, unrelated, or incompatible with the purposes set out in the Privacy Policy without providing you notice.
1.5.1 Users who are resident in California may have the following rights under the CCPA in addition to the rights set out in Section 6 of the Privacy Policy:
1.5.1.1
a. the categories of your Personal Data and the specific Personal Data that we have collected;
b. the categories of sources from which your Personal Data was collected;
c. our business or commercial purpose for collecting your Personal Data; and
d. the categories of third parties with whom we share your Personal Data, and where such third parties received your Personal Data from us for a business purpose, the categories of your Personal Data that we disclosed to such third parties;
Under the CCPA, you are only entitled to exercise the Personal Data access right set out in this paragraph 1.5.1.1 twice a year.
1.5.1.2
1.5.2 To exercise any of the rights set out in paragraph 2.8(a), please contact the fitsee team using the contact details set in Section 9 of the Privacy Policy.
1.5.3 Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. As set out in Section 6.5 of the Privacy Policy, we may need to request specific information from you to help us confirm that your request is a verifiable consumer request.
1.6 We will not discriminate against you for exercising any of your rights under the CCPA. Specifically, unless permitted by the CCPA, we will not:
1.6.1 deny you access to goods and/or services provided by us on the Platform;
1.6.2 charge you different prices or rates for the goods and/or services provided by us on the Platform, or imposing penalties on you;
1.6.3 provide you with a different level or quality of goods and/or services than otherwise generally provided by us on the Platform; or
1.6.4 suggest that you will receive a different price or rate for, or a different level or quality of, the goods and/or services generally provided by us on the Platform.