Privacy Policy

Date of Last Update: July 12, 2019 (“Revised Date”)

Your information privacy is extremely important to Activbody, Inc.  (“Activbody,” “we,” “our,” “us”). We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose the Personal Information (as defined below) you share with us when you use www.activbody.com   and/or www.activ5.com(collectively, the “Web Sites”), and any of our personal fitness and electronic body monitoring products, the software embedded in our devices and products, our mobile applications, memberships and other Activbody services (collectively, the “Products and Services”).  This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information.  This Privacy Policy applies to all users of the Web Sites and Products and Services.

BY USING THE WEB SITES AND/OR OUR PRODUCTS AND SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY.  PLEASE READ THE ENTIRE PRIVACY POLICY AND ALSO OUR TERMS OF SERVICE CAREFULLY.

Managing Your Information Preferences

You can review, correct, update, or change your Personal Information or opt out of receiving certain e-mails by changing the relevant settings in your account on our Web Sites or by e-mailing us at [email protected].  You can erase all Personal Information from the Products and Services by resetting the mobile application and deleting all of the stored information; however, if you have already uploaded Personal Information to the Web Site, you must email us at [email protected] and request for the deletion of your Personal Information from the Web Sites.  You are able to opt out of receiving marketing e-mails from us; however, you cannot opt out of receiving e-mails related to the status or maintenance of your account.  If you have questions or concerns regarding this Privacy Policy, please e-mail us at [email protected]. Following EU GDPR regulations, we can provide a copy of the user data if a request is sent to [email protected].

Information Collection

We collect information that personally identifies you, such as your name, address, phone number, mobile phone number, e-mail address, payment and financial information, gender, height, age, weight, and other personally identifiable information, including Fitness Information (as defined below), that you choose to provide us with or that you choose to include in your account information (“Personal Information”).  You will be asked to provide us with Personal Information when you register with the Web Sites and create an account, or use any of our Products and Services, and at other times.  We may also receive Personal Information, including your username, social network ID, and posts that you have shared, from social media websites and services (e.g., Facebook, Twitter, Instagram, Pinterest, LinkedIn and Google+) if you choose to enable those features.  We use this information to help us understand how people use the Web Sites and our Products and Services, and to enhance the products and services we offer.

Fitness Data

When you use our Web Sites and Products and Services, we may automatically collect certain exercise-related and fitness-related information from you (“Fitness Data”).  For example, when you use the Products and Services, we may automatically collect, among other things, the types of exercises you did, the time spent doing each exercise, the intensity of each exercise, and the frequency of each exercise.  We use this information to help us better understand and analyze our customer demographic and to enhance the products and services we offer.

Usage Data and Site Activity

We automatically collect information regarding your usage of and activity on the Web Sites (“Usage Data”).  For example, each time you use the Web Sites we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Web Sites.  We use this information to help us understand how people use the Web Sites and our Products and Services, and to enhance the products and services we offer.

Google Analytics for Firebase

We use Google Firebase features in order to improve user experience in our applications. To do this, certain information has to be collected from our customers during the usage of the applications. For details of collected information, please visit this Firebase link. Data collected via Firebase is used to improve performance, fix crashes, provide feedback, and allow us to offer tailored products and services to you and other users of our applications. The data represents anonymous identifiers and as such does not allow the user to be identified.

Some examples of data collected through Google Analytics for Firebase include:

 

  • Number of Active users per day, week, month;
  • Number of users adopted latest release
  • Crash-free users, number of crashes.

 

Further Information on Google Services that collect and process data, can be found on the following link to the Google site:

How Google uses data when you use our partners’ sites or apps.

 

If you wish to disable this data collection through our applications, you can do this via option Share Analytics data: “No” (Application menu: “Settings” or “Profile”).

Surveys and Sweepstakes or Contests

From time to time, we may administer sweepstakes, contests or surveys. Personal Information is obtained from you when you respond to surveys, sweepstakes or contests. We may use this Personal Information in accordance with the official rules of such sweepstakes, contests and surveys, and to provide you with information and services for which you have expressed an interest or that you may find useful based on your answers in a survey, sweepstake or contest. We might also send out e-mails to users and sweepstakes or contest entrants to announce special offers, services and announcements from our Web Sites and/or third party advertisers. Additionally, we may refer to your Personal Information to better understand your needs and how we can improve our Web Sites and the products and services we offer.

Newsletters

Personal Information is obtained from you when you request to subscribe to a newsletter.  We may use this personally identifiable information to deliver the newsletters that you have elected to receive.  We might also send out e-mails to announce special offers, services and announcements from our Web Sites and/or third party advertisers, or other information responsive to the data you provide us.  Additionally, we may refer to your Personal Information to better understand your needs and how we can improve our Websites and our Products and Services.

Community Posts

To post to an Activbody community message boards, you will be asked to create a community username that is separate from your Activbody account name.  This community username will be posted next to any comments you publish on any community message boards, which can be seen by all other Activbody users.  Other information, like a profile photo that you have added to your Activbody account may also be visible on message boards, depending on your account settings.

 Cookies and Anonymous Identifiers

We allow carefully-selected third parties to set cookies during your visit to our website: These third parties are some of our Service Providers that may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf. The purpose is to help us understand better how customers use our website.

 What are ‘Cookies’? Why do we use cookies?

For almost any modern website to work properly, it needs to collect certain basic information on its users. To do this, a site will create files known as cookies – which are small text files – on its users’ computers. These cookies are designed to allow the website to recognize its users on subsequent visits, or to authorize other designated websites to recognize these users for a particular purpose. That improves the browsing experience for you and enables us to tailor better products and services to you and other website visitors. Cookies are stored locally on your computer or mobile device.

Here are some more examples of how and why we use cookies:

  • if you have agreed (or not) to our use of cookies on this site;
  • remembering client’s information necessary to log in;
  • analysing how you use our site which helps us to troubleshoot any problems and to monitor our own performance;
  • for the purposes of security and complying to the settings of your software (e.g. so our website can load on your device);
  • gathering data about visits to the website, including numbers of visitors and visits, length of time spent on the site, pages clicked on or where visitors have come from.

What cookies do we use?

There are two types of cookie:

  • Persistent cookies remain on a user’s device for a set period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
  • Session cookies are temporary. They allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Once you close the browser, all session cookies are deleted.

Cookies also have, broadly speaking, four different functions and can be categorised as follow: ‘strictly necessary’ cookies, ‘performance’ cookies, ‘functionality’ cookies and ‘targeting’ or ‘advertising’ cookies.

Strictly necessary cookies are essential to navigate around a website and use its features. Without them, you wouldn’t be able to use basic services like registration or shopping baskets. These cookies do not gather information about you that could be used for marketing or remembering where you’ve been on the internet.

Examples of how we use ‘strictly necessary’ cookies include:

  • Setting unique identifiers for each unique visitor, so site numbers can be analysed.
  • Allowing you to sign in to Activbody’ websites, apps or digital platforms as a registered user.

Performance cookies collect data for statistical purposes on how visitors use a website; they don’t contain personal information such as names and email addresses, and are used to improve your user experience of a website.  

Here are some examples of how we use performance cookies:

  • Gathering data about visits to the website, including numbers of visitors and visits, length of time spent on the site, pages clicked on or where visitors have come from.

  • For comparison with other websites using data collected by industry-accepted measurement and research companies.

Information supplied by performance cookies helps us to understand how you use the website; for example, whether or not you have visited before, what you looked at or clicked on and how you found us. We can then use this data to help improve our services.  We generally use independent analytics companies to perform these services for us and when this is the case, these cookies may be set by a third party company (third party cookies).

If you have registered with the website we can combine the data from the web analytics services and their cookies with the information you have supplied to us, so that we can make your experience more personal by recommending certain products or services to you based on your reading behavior or tailoring your emails with content you might find more interesting.  We would only do this if you have given us permission to communicate with you. Sometimes the data used from the web analytics companies has been collected before you registered or signed in. In these cases, if we use this data to identify you, we use it only in accordance with our Privacy Policy.

Functional cookies allow users to customize how a website looks for them: they can remember usernames, language preferences and regions, and can be used to provide more personal services like local weather reports and traffic news.

Here are some examples of how we use functionality cookies:

  • Storing your user preferences on Your Account page

  • Remembering if you’ve been to the site before so that messages intended for first-time users are not displayed to you.

Advertising and targeting cookies are used to deliver advertisements more relevant to you but can also limit the number of times you see an advertisement and be used to chart the effectiveness of an ad campaign by tracking users’ clicks. They can also provide security in transactions. They are usually placed by third-party advertising networks with a website operator’s permission, but can be placed by the operator themselves. They can remember that you have visited a website, and this information can be shared with other organisations, including other advertisers. They cannot determine who you are though, as the data collected is never linked to your profile. 

The two main ways we use advertising and targeting cookies are set out below:

  • Interest-based advertising (or online behavioural advertising) is where cookies are placed on your device by our third party service providers which remember your web browsing activity and group together your interests in order to provide you with targeted advertisements which are more relevant to you when you visit Activbody websites.  Your previous web browsing activity can also be used to infer things about you, such as your demographics (age, gender etc.). This information may also be used to make the advertising on our websites more relevant to you.

  • Retargeting’ is a form of interest-based advertising that enables our advertising partners to show you advertisements selected based on your online browsing activity away from the website.  This allows companies to advertise to people who previously visited their website. These cookies will usually be placed on your device by third-party advertising networks.

Without these cookies, online advertisements you encounter will be less relevant to you and your interests.

Who will have access to the cookies?

The cookies can be accessed by Activbody IT department and, exceptionally, by other Activbody employees where access is strictly necessary for the performance of their professional duties.

For how long are the cookies kept?

The data collected through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes mentioned above. In any event, such information will be kept for a maximum of two (2) years.

How can I exercise control over the cookies? What happens if I disable cookies?

Except for the cookies which are strictly necessary for the normal functioning of the website, you can disable all other types of cookies.

However, if you do that some features of this site may not work as intended.

You can alter the settings of your browser to erase one, more or all cookies or prevent automatic acceptance of cookies for the future.

Visit the ‘options’ or ‘preferences’ menu on your browser to change settings and check the following links for more browser-specific information:

Please keep in mind that any preferences will be lost if you delete or block cookies and many websites, including Activbody websites and apps, might not work properly. Therefore, we do not recommend turning cookies off when using our websites and apps.

Who should I reach out to for any cookies-related questions?

For any queries, questions or requests you may have regarding the cookies used by our web site, please contact us at:

[email protected]

How we Use, Disclose and Share Information

We use Personal Information for internal purposes only, such as to provide you with the Web Sites and our Products and Services, to better understand and analyze our customer demographic, to send you alerts about your account, to send marketing communications to you, to improve the Web Sites and our Products and Services, to notify you of new products or services, and to otherwise communicate with you.  We may also use your Personal Information to provide more relevant search results from the search functions of the Web Sites and the Products and Services.  We will not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent, except as explained in this Privacy Policy.  We may disclose to third parties, certain Personal Information or Usage Data regarding the Web Sites and our Products and Services.  However, in such cases, your Personal Information and Usage Data is aggregated with the Personal Information and Usage Data of others and do not identify you individually.

Personal Information You Make Available to Others

By using the Web Sites or our Products and Services you may make certain of your Personal Information available to others.  For example, when you post a comment on the Web Sites, or want to connect with another user through the Web Sites or our Products and Services, other users may see your username, certain Personal Information, and other information that you choose to make available to others.

Data That Does Not Identify You (De-identified Data)

Activbody may share or sell aggregated, de-identified data that does not identify you, with partners and the public in a variety of ways, such as by providing research or reports about health and fitness.  When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you.

Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe are trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, payment processing, and marketing and promotions.  We only provide our Service Providers with the information necessary for them to perform these services on our behalf.  Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure.  Service Providers are prohibited from using Personal Information other than as specified by us.

Other Transfers of Personal Information and Usage Data

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with Activbody.  If Activbody is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.  You will have the opportunity to opt out of any such transfer if, in our sole discretion, it will result in the handling of your Personal Information and Usage Data in a way that differs materially from this Privacy Policy.

Compliance with Laws and Law Enforcement

We cooperate with government, law enforcement officials and private parties to enforce and comply with the law.  We may disclose Personal Information, Usage Data and any other information about you to government, law enforcement officials or private parties if, in our sole discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of Activbody or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Web Sites or our Products and Services, that information may be accessed by others.  In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others.  This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us, including Personal Information and Usage Data.   However, no data transmission over the Internet or other network can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Web Sites or our Products and Services, we cannot and do not guarantee the security of any information you transmit on or through the Web Sites or our Products and Services, and you do so at your own risk.

Links to Third Party Web Sites

Our Web Sites and our Products and Services may contain links to other websites or allow others to send you such links.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites.  You access such third-party websites or content at your own risk.  You should always read the privacy policy of a third-party website before providing any information to the website.

Minors

PLEASE NOTE THAT:  Our Web Sites and our Products and Services are not suitable for children under the age of 6 and children under the age of 16 need adult supervision.  

We do not knowingly collect Personal Information from children under the age of 13.  If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.  California users under the age of 18 may request the removal of their content or information publicly posted on the Web Sites or our Products and Services by e-mailing us at [email protected].  Please note that most of the user content that appears on our Web Sites or our Products and Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.

Processing in the United States

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.  If you are located outside of the United States, please be advised that we process and store all information in the United States.  The laws in the United States may not be as protective of your privacy as those in your location.  By using the Web Sites or our Products and Services, you agree that the collection, use, transfer, and disclosure of your Personal Information, Usage Data and communications will be governed by the applicable laws in the United States.

Privacy Policy Changes

We may change this Privacy Policy from time to time in our sole discretion.  If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Web Sites.  Those changes will go into effect on the “Revised Date” shown in the revised Privacy Policy.  By continuing to use the Web Sites or our Products and Services, you are consenting to the revised Privacy Policy.

PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES