Last updated November 5, 2018

FitFetti Privacy Policy

Welcome, and thank you for your interest in FitFetti, Inc. (“FitFetti”, “us” or “we”) and our Services, as described in the FitFetti Terms of Use. This Privacy Policy is in connection with your use of the FitFetti website, located at www.fitfetti.com (the “Site”) and Services (as defined in the FitFetti Terms of Use), and describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information. By using the Services, you consent to the privacy practices described in this policy.  By visiting the Site or using the Services, you are accepting the practices described herein. This Privacy Policy is incorporated into and is subject to the FitFetti Terms of Use. Capitalized terms that are not defined in the Privacy Policy have the meaning given to them in the Terms of Use.

​The information that we collect:

When you use the Services, you may provide and we may collect what is generally called “personally identifiable” information, such as your name, email address, mailing address, mobile phone number, demographic information, details around a potential transaction and credit card information. For example, you may provide us with personally identifiable information when you register for an Account, use the Services, post Submissions, correspond with us via the Services, complete forms, or send us customer service related requests. We may also request information on your personal preferences.   You may also provide information about a third party through the Services. We may combine this information with other information we collect from your interaction with the Services or from other companies. In order to provide the Service, and as permitted by you in your App or mobile device settings, we may periodically access your address book or contact list on your mobile phone to locate mobile phone numbers necessary to complete the action requested by you, and which are stored as one-way irreversibly hashed values.


In addition, when you order products or services through the Services, FitFetti, or a third party PCI compliant payment processor, may collect your credit/debit card information. This information is secured using industry-standard encryption technology in the applicable payment processor system. To the extent FitFetti has access to this information it will use this information solely to complete your order and will not share thisinformation with outside parties other than the payment processor, except to the extent necessary to complete the order or comply with applicable law. In the event that a credit report is required to use a Service, FitFetti may collect your Social Security number ('SSN'). This information is secured using industry-standard encryption technology. FitFetti restricts access to SSNs to employees, vendors and subcontractors who require SSNs to support certain products and services. FitFetti strives to protect SSNs from unlawful disclosure and to keep them confidential by maintaining physical, electronic, and procedural safeguards that comply with applicable state and federal regulations. For the avoidance of doubt, personally identifiable information shall not include personal health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). 


When you use the Services, we may send one or more cookies, small text files containing a string of alphanumeric characters, to your computer. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser onsubsequent visits to the Services. Persistent cookies can be removed. Please review your web browser “Help' file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept,cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential.


When you use the Services or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs' or “web beacons.” This “automatically collected' information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Services, the pages you view on the Services, and the dates and times that you visit, access, or use the Services. This information is gathered for all users. We also may collect information about your online activity, such as pages viewed. Our goals in collecting this automatic information include helping to customize your user experience and inhibiting fraud.


We collect information about the App functionality that you access and use. This allows us to identify those areas of the App that are of interest to our customers so that we can refine and continuously improve the App. The information we collect for this purpose does not enable us to directly identify you.
 

The App also sends us the device's unique identifier (UID), a sequence of numbers or characters that are unique to your mobile device. We use this only on the first opening of the App so that we can confirm to our advertising networks the number of downloads resulting from clicks on their respective ad banners and other marketing tools. When you use the App, you may have the option to choose to allow the App to have access to your current location, provided by your mobile device using GPS or similar technologies. If you choose to allowaccess, this location data may be collected anonymously as part of searchrequests logged by our servers. You can switch off the App’s access to your location at any time through your phone settings menu. The App will also send us error-reporting information in the event that it crashes or hangs. This enables us to investigate the error and to improve the stability of the App for future releases. As part of these error reports, the App sends us information about the mobile device type and version, the UID, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and remedying the error. You can exercise control over what information the app sends to us either by changing the settings of the App under its setting menu or changing the settings of your mobile device.


We may also implement third party content that allows the third party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Services or may otherwise allow such third party to collect information about you. This information is collected directly by the third party, and FitFetti does not participate in that data transmission. Information collected by a third partyin this manner is subject to that third party’s own data collection, use, storage and disclosure policies.

We may also obtain information, including personally identifiable information, from third parties and sources other than the Services, such as our partners or advertisers. We may also, at your direction, receive information from third party services that provide a mechanism to expose information you have provided to such third party through the use of anapplication program interface (API). If we combine or associate informationfrom other sources with personally identifiable information that we collect through the Services, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.  In addition, if you sign up for FitFetti using your social media account, link your Account to your social media account, or use certain other social media features via the Site or Services, we may access information about you via that social media provider in accordance with the provider's policies. The information may include your name, email address, profile picture, gender, list of friends, and other information that you authorize us to receive. Depending on the privacy settings of you and your friends, we may access information that you provide to a social media provider regarding your respective locations ('LocationData') to provide you with relevant content. Please note that your Location Data may also be shared with your friends on a social media provider in accordance with your privacy settings for that social media provider. If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and use it in accordance with this privacy policy. Calls to FitFetti or to third parties through FitFetti may be recorded or monitored for quality assurance and customer service purposes. If a call is recorded between you and a third party, it will be deemed private information of both you and the third party, and may be released to either of you.

How we use the information we collect
Your information is an integral part of our operations, and we used it in a variety of ways in providing the Services and operating our business. For example: 


When we disclose information
We disclose your personally identifiable information in a variety of circumstances in connection with providing the Services and the operation of our business. For example: your profile photo, name, user-handle and other profile information are visible to other users.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information. You may opt-out of cookie tracking and analysis. The Services do not otherwise respond to ‘do not track’ signals.
Should we deliver ads based on data about your use of the Services, we keep your identity anonymous. We won't identify you personally to third parties, except in accordance with this privacy policy. Of course, if you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser. Further, while we do not share your Personal Information with third partiesunless permitted above, FitFetti may share aggregate anonymous information with third-parties. This information does not personally identify individuals, but instead provides a helpful understanding of the groups of people who prefercertain types of information and services.

Your Choices:

You may, of course, decline to share certain personally identifiable information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. You may update, correct, or delete your profile information and preferences at anytime by accessing your Account preferences page through the Services. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.   You may receive email from FitFetti for a variety of reasons - for example, if you took an action through the Services, or received a message on the Services. We respect your desire to manage email correspondence. You can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information. You will be given the opportunity to unsubscribe from commercial emails in any such message that we send you. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your Account or to yourtransactions on this site, without offering you the opportunity to opt out of receiving them unless you delete your account. To delete your account, simply make the request by emailing support@fitfetti.com.  The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from this Site, you will not be able to access portions of our Site.

Opting Out of Collection of Information by Third Parties:
FitFetti’s third-party advertisers (the'Advertisers') may provide you with advertisements that you may see on the Services or on other affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the Advertisers may use cookies, Web beacons, clear gifs or similar technologies. These are used to record users' activity, such as the pages visited, and to learn what types of information are of most interest to the users.  Use of these technologies by Advertisers is subject to their own privacy policies and is not covered by our privacy policy.  If you do not want FitFetti or Advertisers to follow your usage of our Services via cookies and Web beacons, you can opt out of Cookies/Web beacons from the individual Advertiser’s website.  Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns. Please note that, if you opt out and later delete your cookies, use a different browser, or use a different computer or other electronic device, you will need to renew your opt-out choices.

Third Party Services:
The Services may contain features or links to web sites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security, even if accessed through the Services. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Services. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Our Commitment to Children’s Privacy:
Protecting the privacy of young children is especially important. For that reason, we do not allow children under 13 years-of-age to use the Services or knowingly collect or maintain personally identifiableinformation from persons under 13 years-of-age, and no part of the Services is directed to persons under 13 years-of-age. If you are under 13 years-of-age, then please do not use or access Services at any time or in any manner. If we learn that personally identifiable information has been collected on the Services from persons under 13 years-of-age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years-of-age has obtained an Account on the Services, then you may alert us at support@fitfetti.com and request that we delete that child’s personally identifiable information from our systems.

Our Commitment to Data Security:

We are committed to protecting the information we collect. We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. For example, only authorized employees and partners are permitted to access personal information, and they may only do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized personsfrom gaining access to your information.  As with any website, we cannot, however, ensure or warrant the security of any information you transmit to usor store on the Services and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at support@fitfetti.com.

Privacy Settings
Although we may allow you to adjust your privacysettings to limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of otherusers with whom you may choose to share your information. Therefore, we cannotand do not guarantee that information you post on the Services will not beviewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or within the Services. You understand and acknowledge that, even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.

International Visitors:

The Services are intended solely for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Services you consent to that transfer, storage, and processing.

Storage, Security and Retention ofInformation
You acknowledge that Personal Information will be processed and stored by FitFetti in databases hosted in the United States. We have taken reasonable steps to protect the information users share with us, however, no transmission of information via the Internet can be entirely secure, so please always use caution when submitting Personal Information. We will retain your Personal Information for as long as you have an active Account, as needed to provide you with the Services, to comply with our legal, financial reporting, or compliance obligations, and to enforce this privacy policy.

External Links
If any part of this Site links you to other sites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

In the Event of Merger or Sale:

In the event that all or a portion of FitFetti, Inc. or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign theinformation that we have collected from users in connection with such merger, acquisition, sale, or other change of control.

California Privacy Rights:
Under California law, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties for their direct marketing purposes. The notice will identify the categories of Personal Information shared with third parties, as well as the name and address of the third parties thatreceive such Personal Information. If you want a copy of this notice, please submit a written request to the following address: FitFetti, Inc. 1015 Fillmore Street #206 San Francisco, CA 94115.

 

Changes and Updates to this Privacy Policy:

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised periodically at our sole discretion, as provided in the FitFetti Terms of Use. If we modifyt he Privacy Policy, we will make it available through the Services, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. Our amended Privacy Policy will automatically take effect 30 days after it is made available through the Services, except that (i) we generally only use your personally identifiable information in the manner described in the Privacy Policy in effect when we received that information and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your Account and stop using the Services. To delete your account, make the request to support@fitfetti.com. Your continued use of the Services after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.

Our Contact Information:

Please contact us with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by email at support@fitfetti.com.