Last Updated: April 27, 2017
MESSAGE TO PARENTS AND CHILDREN: The Services are not to be used by children, under the age of thirteen; and, no one under the age of thirteen is allowed to provide any personal information. Minors between the ages of thirteen and seventeen must get the permission of their parent(s) or legal guardian(s) before making any purchases or registering on the Services. We reserve the right to confirm that consent in our sole discretion. If children disclose information about themselves on the Services, they may get unsolicited messages from us and other parties. Accordingly, if you are concerned about your children’s activities or their privacy on our Services, we encourage you to contact our Legal Department as described below.
1. Information Collection
(a) Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you create an account, participate in a survey, make a purchase, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information, information about your family members (such as when you schedule an appointment for a family member), and any other information you choose to provide.
(b) Information We Collect Automatically When You Use the Services. When you access or use the Services, we automatically collect information about you, including:
Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, general location information (e.g., city, county, and/or state), and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including but not limited to Google Analytics’ technologies, and this may additionally include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images or other computer codes that may be used in our Services or emails and help deliver cookies, count visits, understand usage and the effectiveness of our communications and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Preferences” below. For more information about Google Analytics, please visit https://www.google.com/analytics.
2. Use of Information. We may use information about you for various purposes, including to:
Provide, maintain and improve our Services;
Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments, questions and requests and provide customer service;
Communicate with you about products, services, offers, promotions, rewards, and events offered by Fit 36 and others, and provide news and information we think will be of interest to you;
Monitor and analyze trends, usage and activities in connection with our Services;
Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
Process and deliver contest, sweepstakes, and other promotional entries and rewards;
Link or combine with information we get from others to help understand your needs and provide you with better service; and
Carry out any other purpose for which the information was collected.
Fit 36® is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
With Franchise Owners, area directors, our shareholders, creditors, investors, board of directors, employees, agents and representatives working on our behalf;
With vendors, consultants and other service providers who need access to such information to carry out work on our behalf, including but not limited to credit card processing and order fulfillment if you choose to purchase products or services through the Services;
With our affiliates, marketing partners, or other direct marketers, so they can send you notices about their products or services. If you do not want to receive email marketing communications, see “Preferences” below for opt-out information;
In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Fit 36 or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
4. Security. Fit 36 takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the Services, you agree to assume all risk in connection with the information sent to us or collected by us when you use the Services.
(b) Cookies & Third-Parties. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability or functionality of our Services. Likewise, Google, other third-party platforms, social media sites, plug-ins, and applications may provide account management tools related to how your information is used and shared from those sources; please consult their websites, platforms, and/or applications for more information about their policies and available tools.
(c) Promotional Communications. You may opt out of receiving promotional emails from Fit 36 by following the instructions in those emails. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations. Franchise Owners may conduct their own promotional email communications; please consult their communications’ terms for information on opting out.
6. Retention. Notwithstanding any provisions to the contrary, Fit 36 and/or Franchise Owners (as applicable) may retain certain information as required by law or for legitimate business purposes. Fit 36 and/or Franchise Owners (as applicable) may also retain cached or achieved copies of information about you as required by law or for legitimate business purposes.