Privacy Policy 

This privacy policy (“Policy”) describes how Fit Vintage Health, LLC (“Fit Vintage,” “Fit Vintage Health,” “Company,” “we,” and “our”) processes, collects, uses and shares personal data. Please read the following information carefully to understand our practices regarding your personal data and how we will process data.

YOUR ACCESS TO AND USE OF THE PLATFORM SIGNIFIES THAT YOU HAVE CAREFULLY READ, AND UNDERSTAND AND AGREE TO ALL TERMS WITHIN THIS PRIVACY POLICY.  BY USING THE PLATFORM OR ENGAGE IN COMMUNICATIONS WITH US, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DESCRIBED IN THIS PRIVACY POLICY.

INTRODUCTION

This privacy policy (the “Policy”) relates to the Personal Data we collect, use, share, and otherwise process as part of our business from individuals who use or interact with our services, website, and web-based applications (“you” or “your”).

What is “Personal Data”? “Personal Data” means information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, contact information, email address, phone number, device IDs, certain cookie and network identifiers, “Fitness and Wellness Data”, and other categories described below.  We may create de-identified or anonymous data from Personal Data by excluding and removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means (“Aggregated Data”). Our use of Aggregated Data is not subject to this Policy.

How does this Policy apply?  This Policy applies to the processing of Personal Data when you visit our website https://fitvintagehealth.com/ (the “Site”), use Fit Vintage health applications (“Mobile App”), or access any features, subdomains, content, functionality, services, media, applications, or solutions offered on or through the Site or Mobile App (collectively referred to as the “Platform”).  By accessing and using the Platform, or by otherwise signaling your agreement when the option is presented to you, you consent to the collection, use and disclosure of information described in this Policy. This Policy only governs the Platform, and it does not govern off-line data collection or any other website or service operated by third parties that do not specifically refer to this Policy. Any materials submitted through the Platform and your use of the Platform are subject to the Terms of Service https://fitvintagehealth.com/Terms-and-conditions/.

Why do we need your personal data?

We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the platform. If you registered with us, you will have been asked to tick to agree to provide this information in order to access our services, purchase our products, or view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this Policy, please do not use our website.

COLLECTING YOUR PERSONAL DATA

We collect information about you in the following ways:
Information You Give Us. This includes:

• the personal data you provide when you register to use our platform, including your name, postal address, email address, telephone number, username, password and demographic information (such as your gender);

• the personal data that may be contained in any video, comment or other submission you upload or post to the platform;

• the personal data you provide in connection with our rewards program and other promotions we run on the platform;

• the personal data you provide when you report a problem with our website or when we provide you with customer support;

• the personal data you provide when you make a purchase thorough our website; and

• the personal data you provide when you correspond with us by phone, email or otherwise.

II.     HOW DO WE COLLECT AND PROCESS YOUR PERSONAL DATA?

·       We collect and process your Personal Data in a number of ways and for various purposes.

·       We collect your Personal Data when you access and use certain features of the Platform and our Services, or otherwise interact with us, including when you register for an account, purchase a subscription (including processing of payment), or otherwise use the Services (e.g., browse the content available on the Platform), or when you ask us to customize our Services. The Personal Data may include your account log-in information (including the username and password) that you create for your account, full name, street address, email, phone number, emergency contact information, signature (via e-Sign application for registration).

·       We collect Fitness and Wellness Data when you access and use certain features of the Platform and our Services, and when you fill out questionnaires in order for us to assess and recommend the subscription Services that meet your fitness-related goals. “Fitness and Wellness Data” includes fitness- and health-related data that you choose to provide us, including your physical characteristics or description, e.g., height, weight, measurements, fitness level, dietary habits, dietary restrictions, fitness activity, fitness goals, lifestyle (e.g., sleeping habits and duration), life events and health history, fitness goals, heart rate, Body Mass Index (BMI), alcohol and caffeine consumption, whether you are a smoker or non-smoker, steps you’ve taken, distance walked, aerobic steps, calories burned, and similar types of data relating to physiological conditions and activities.

·       To the extent our Platform provides a User the option to display, upload or publish content (“User Content”) to the Platform related to our Services (subject to your compliance with our Terms of Service at https://fitvintagehealth.com/terms-and-conditions/), we will collect information associated with the content from the User which may contain Personal Data.  This feature, when made available, will be entirely optional to our User(s).

·       We automatically collect the following information when you interact with our Platform:

o   (1) Site: We automatically collect information from your browser or device when you interact with our Site, which may include the date and time of your visit as well as your location, Internet Protocol (IP) address, unique device identifier, device type, browser type, data about which pages you visit, support document searches, features enabled for your account, and interactions with other parts of our Site.

o   (2) Wearable or other connected device(s): We also collect Personal Data, including Fitness and Wellness Data, when you use a device that is connected to the Internet, such as heart rate monitors, activity trackers, and other devices or wearables that integrate with the Services or Mobile App.  When you use a wearable or connected device or product, we may also collect certain information about the device or product such as serial number, Bluetooth address, barcode, or other device- or purchase-related information, in addition to the above.

o   (3) “Usage Data”: We process Usage Data to analyze use of the Platform and our Services, to operate the Platform, to serve you the content and functionality you request, to ensure the privacy and security of our Platform and Services, to develop new Services, to enhance your experience, to track visits to the Platform, and to provide you with a more personal and interactive experience on the Platform, and for usage analytics.

·       If you choose to purchase a Services, in addition to your Account Information, our third-party payment processor will collect your billing address, your credit card information (credit card number, name on card, security code, expiration date, and CVV); email address; and billing zip code (“Payment Information”).  By submitting your Payment Information, our payment processor may share invoices or such other transactional documents that may contain your financial information.

·       You may connect with us through a third-party social network, such as Facebook, Twitter, LinkedIn and other networks (each, a “Linked Site”).  In addition, our Platform offers features that will allow you to share information from our Platform to a Linked Sites or share information from the Linked Sites.  If you decide to use such features, they may allow the sharing and collection of information both to and from such Linked Sites so you should check the privacy policy of each Linked Sites before using such features.

·       If you are a Trainer, an employee of us, or an applicant for a job opening posted on our Site, we process your Personal Data as follows:

o   Trainers: If you are a trainer who will run the online classes on our behalf (“Trainer”), we may collect your Personal Data, such as name, image, contact information and professional profiles (which may include your professional profile), to facilitate delivery of our Services to Users.

o   Job Applicants: In accordance with applicable law and in connection with your application for employment opportunities with us, or request information regarding such opportunities, we may collect Personal Data about you from you and/or other third parties, such as education information, employment history, certification status, social media websites/applications, former employers, background check providers, and others, to supplement, update, or verify the information we already hold about you in order to process your application for consideration as an employee.  We may also ask you to provide personal information about third parties to use as references, answer questions about your credentials, solicit reference, or for other reasons.  If you provide personal information about a third-party you expressly represent and warrant to us that you have the full right and lawful authority to provide us the information.

o   Finally, we may also collect your and/or your family members’ personal information from you to facilitate or otherwise engage in employment-related activities such as salary payment, employee benefits, performance evaluation and assessment, and similar HR-related matters, which may be subject to additional privacy statement made available to you in connection with these HR activities, and for which we have a legitimate business purpose to operate our HR business operations, Services, and Platform.

·       If you provide us with feedback, submit a request for product or service demo, or respond to surveys, we will collect your name, email address, phone number, and any written correspondence or comments provided by you.

·       If you contact us through the Site or subscribe to receive promotional materials or information (“Messages”) via email and/or push notification, we collect your Personal Data, such as email address, IP address, and the content of your correspondence to us, which may be considered sensitive information.  If you choose not to further receive marketing communications, you may (i) opt out by logging into your account with the Platform to manage or unsubscribe these communications, or (ii) follow instructions contained in our marketing communication to opt-out of receiving future communications. 

·       Information You Provide about a Third Party: If you send someone else a communication from the Site, such as an invitation or a gift to a friend, the information you provide (e.g., names, email addresses, mobile number, etc.) will be used to facilitate the communication. You need to ensure that you have the recipient’s permission to use his or her information for this purpose. When you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s).

Is entry of Personal Data required? The entry of Personal Data is required to access certain portions of the Platform.  You may choose not to provide us with any Personal Data and may still access certain portions of the Platform but will not be able to access those portions of the Platform that require your Personal Data.

Other Processing Activities. We may process any of the Personal Data identified in this Policy when necessary for:

• The de-identification and aggregation of Personal Data and Fitness and Wellness Data to become Aggregated Data for purposes of analytics, innovation, research and to provide enhanced services to our customers and end-users;

• The establishment, exercise, or defense of legal claims, whether in court, administrative, or other proceedings;

• Obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice; and

• Purposes that are consistent with, related to and/or ancillary to the purposes and uses described in this Policy for which your Personal Data was provided to us.

Information from Social Networking Websites.

Our website includes interfaces that allow you to connect with social networking sites (each a “SNS”). If you connect to a SNS through our website, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.

Information Automatically Collected.

We automatically log information about you and your computer or mobile device when you access our website. For example, when visiting our website, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our website, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our website. We collect this information about you using cookies.

Automated Decision Making and Profiling.

‍We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfill obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.

COOKIES

What are cookies?

We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our website.

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our website; and (2) third party cookies, which are served by service providers on our website, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

Cookies we use

Our website uses the following types of cookies for the purposes set out below:

Essential Cookies

These cookies are essential to provide you with services available through our website and to enable you to use some of its features. For example, they allow you to log in to secure areas of our website and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Functionality Cookies

These cookies allow our website to remember choices you make when you use our website, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our website which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our website.

Analytics and Performance Cookies

These cookies are used to collect information about traffic to our website and how users use our website. The information gathered does not identify any individual visitor. It includes the number of visitors to our website, the websites that referred them to our website, the pages they visited on our website, what time of day they visited our website, whether they have visited our website before, and other similar information. We use this information to help operate our website more efficiently, to gather broad demographic information and to monitor the level of activity on our website.

We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our website works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies

You can find out more about how Google protects your data here: https://policies.google.com/privacy.

You can prevent the use of Google Analytics relating to your use of our website by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB

Targeted and advertising cookies

These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.

You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.

Social Media Cookies

These cookies are used when you share information using a social media sharing button or “like” button on our website or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.

If you do not accept our cookies, you may experience some inconvenience in your use of our website. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our website.

ADVERTISING

We may use other companies to serve third-party advertisements when you visit and use the website. These companies may collect and use click stream information, browser type, time and date, subject of advertisements clicked or scrolled over during your visits to the website and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use tracking technologies to collect this information. Other companies' use of their tracking technologies is subject to their own privacy policies.

• Using Your Personal Data

We may use your personal data as follows:

• to operate, maintain, and improve our website, products, and services;

• to manage your account, including to communicate with you regarding your account, if you have an account on our website;

• to operate and administer our rewards program and other promotions you participate in on our website;

• to respond to your comments and questions and to provide customer service;

• to send information including technical notices, updates, security alerts, and support and administrative messages;

• with your consent, to send you marketing e-mails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.” Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;

• to process payments you make via our website;

• as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others;

• for analysis and study services; and

• as described in the “Sharing of your Personal Data” section below.

SHARING YOUR PERSONAL DATA

We may share your personal data as follows:

• Third Parties Designated by You. We may share your personal data with third parties where you have provided your consent to do so.

• Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services.

• Third Party Sites

Our website may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.

III. HOW DO WE SHARE OR DISCLOSE YOUR PERSONAL DATA?

We may share your information in the following contexts.  If we are acting as a data processor or service provider, disclosures in the following contexts will be limited in accordance with the instructions from the data controller or business.

We may share your Personal Data with our corporate subsidiaries and affiliates and with their respective officers, directors, employees, accountants, attorneys and agents. We may share your Personal Data internally to relevant departments within Fit Vintage Health, in order to provide and improve Services, for marketing purposes, and for advertising.

We may share your Personal Data with our service providers that need access to your Personal Data to provide operational or other support services on our behalf.  Among other things, service providers help us to administer the Platform; support our provision of Services requested by you; send marketing promotions and communications to you about our Services; provide payment processing; provide technical support; improve and personalize the Services, and assist with other legitimate purposes permitted by law.

We may disclose your Personal Data in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws.  We may also share your Personal Data in order to establish or exercise our legal rights, to defend against a legal claim, and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our Terms of Service or other contracts.  We may also disclose Personal Data as needed to protect vital interests (where there’s a life-or-death circumstances).

We may share your Personal Data in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us is among the assets transferred.

We may ask, from time to time, if you would like us to share your Personal Data with other unaffiliated third parties who are not described elsewhere in this Policy.  We will disclose your Personal Data in this context with your consent.

We may share your Personal Data with our insurers and other professional advisors, including attorneys and accountants, that need access to your Personal Data to provide operational or other support services on our behalf.

When a User creates an account and chooses to upload User Content to the Platform, attends training classes, the information contained in the User’s public profile, content displayed on or uploaded to the Platform (including a User’s image, audio recording, and video captured during the shared online sessions) may be viewable to other Users on the Platform who are given access to User’s profile and content or who attend the same online classes with the User who chooses to have his or her camera on during the training sessions.

USER GENERATED CONTENT

You may share personal data with us when you submit user generated content to our website, including via our rewards program, forums, message boards and Websites on our website. Please note that any information you post or disclose on our website will become public information, and will be available to other users of our website and to the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on our website. Such personal data and other information will not be private or confidential once it is published on our website.

If you provide feedback to us, we may use and disclose such feedback on our website, provided we do not associate such feedback with your personal data. If you have provided your consent to do so, we may post your first and last name along with your feedback on our website. We will collect any information contained in such feedback and will treat the personal data in it in accordance with this Policy.

INTERNATIONAL DATA TRANSFER

Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accepting this Policy, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the Internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us.

The safety and security of your Personal Data also depends upon you.  Where you use a password for access to restricted parts of the Platform, you are responsible for keeping your password confidential.  Do not share your password with anyone.

Links to Other Websites. Please note that this Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage.  Our Services may provide a link or otherwise provide access to Third Party Sites.  We provide these links merely for your convenience.  We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites.  Our Policy does not apply to Third Party Sites, and for any data you provide to Third Party Sites, you agree that you are providing at your own risk.  We encourage you to review the privacy policies of any Third Party Sites that you interact with.

RETENTION

IV.     HOW LONG DO WE STORE AND PROCESS YOUR PERSONAL DATA?

We retain and use your Personal Data for as long as you maintain an account, as otherwise necessary to provide you the Services, as necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to pursue legitimate business purposes, and to enforce our agreements.

We take reasonable steps to delete the Personal Data we collect when (1) we have a legal obligation to do so, (2) we no longer have a purpose for retaining the information, and (3) if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations.  We may also decide to delete your Personal Data if we believe it is incomplete, inaccurate, or that our continued storage of your Personal Data is contrary to our legal obligations or business objectives.  When we delete your Personal Data, it will be removed from our active servers and databases; but it may remain in our archives when it is not practical or possible to delete it.

To the extent permitted by law, we may retain and use Aggregated Data for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

OUR POLICY ON CHILDREN

Our website is/are not directed to children under 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable.

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of Personal Data from and about children on the Internet. The Platform is restricted to the use of adults over the age of majority in their place of residence. No portion of the Site is directed to children under the age of 18, and no one under the age of 18 may access, browse, or use the Site or provide any information to or on the Platform. Consequently, we do not knowingly collect personal identifying information from any person under the age of 18. If we learn that we have collected Personal Data from a child under age 18 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete that information as quickly as possible. If you are a parent or guardian of a child under 18 years of age and you believe your child has provided us with Personal Data, please contact us by following instructions at the “Contact Us” section below.

Your Rights

• Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the website may be ineffective upon opt-out.

• Access. You may access the information we hold about you at any time via your profile/account or by contacting us directly.

• Amend. You can also contact us to update or correct any inaccuracies in your personal data.

• Move. Your personal data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.

• Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

If you wish to exercise any of these rights, please contact us. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

COMPLAINTS

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us through the information listed on our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority

XI.      UPDATES AND CHANGES TO THIS POLICY

We reserve the right to add to, change, update, or modify this Policy at any time to reflect any changes to how we treat your information or in response to changes in law. In the event we make changes to this Policy, such policy will be re-posted on this page, with the date such modifications were made indicated on the top of the page.  If we make material changes to how we treat your information, we may contact you to inform you about the revisions with a link to the revised Policy or notify you through a notice on the homepage of the Site for a reasonable period of time.  All changes are effective on the date listed at the top of this page and will apply to all information that we have about you.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes.  Your continued use of the Site or our Services after the “Last Updated” date indicates your acceptance of the changes and your continued consent to our processing of your Personal Data according to the terms of the then-current Policy.  If at any point you do not agree to any portion of this Policy, then you should immediately stop using the Site and the Services. Because this Policy contains legal obligations, we encourage you to review this Policy carefully.

XII.      CONTACT US

For more information, or if you have any questions or concerns regarding this Policy, you may contact us using the information below, and we will do our best to assist you. Please note, if your communication is sensitive, you may wish to contact us by postal mail or telephone.

By Email:  fitvintagehealth@gmail.com