Privacy Policy

FIT PRO TRACKER, INC PRIVACY POLICY
[a]
Effective date: April 1, 2019


This Privacy Policy ("Policy") lets you know how FIT PRO TRACKER, INC (“Fit Pro Tracker”, “We, “Us”) collects and uses your Personal Information, how you can control its use, and describes our practices regarding information collected from the Fit Pro Tracker website and computer or SaaS software applications, and social media pages and HTML-formatted e-mail messages (collectively, the "Services").

This Privacy Policy applies to the website and all products and services offered by Fit Pro Tracker.

We do not participate in the E.U. - U.S. and Swiss - U.S. Privacy Shield Frameworks and do not comply with the Privacy Shield Principles. [b] [c]

We at Fit Pro Tracker know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. 

Remember that your use of Fit Pro Tracker’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service. 

The Services may provide links to or the ability to connect with non-Fit Pro Tracker websites, services, social networks or applications. Clicking on those links or enabling those connections might allow the third party to collect or share information about you. Those third-party websites or services are beyond Fit Pro Tracker’s control. Fit Pro Tracker advises you to check the privacy policies and terms of use of any non-Fit Pro Tracker websites or services before providing any of your Personal Information to them.

As noted in the Terms of Service, we do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from anyone under age 18, we will delete that information as quickly as possible. If you believe that anyone under the age of 18 may have provided us personal information, please contact us at [email protected]  

1. Will Fit Pro Tracker ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice in the app, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. 

2. WHAT DOES FIT PRO TRACKER  DO WITH YOUR INFORMATION. We want to be very clear about the type of information we collect and how we use it to deliver our Services to you and operate our business. We do not sell or share your Personal Information with third parties for their own commercial uses without your consent.

 a) Types of Information We Collect. In connection with accessing our Services, we may collect information from you which can be used to identify you ("Personal Information"), such as your name, shipping/billing address, email address, phone, username and password.

We collect information when you register or open an account, sign in, pay a bill, purchase a Service, call us for support, or give us any type of feedback. We may also get information from other companies or third parties, or when we may use service providers to supplement the Personal Information you give us such as validating your mailing address to help us maintain the accuracy of your data and provide you with better service. We might also collect content or other information that you may provide or create when you interact with our Services.

We may also automatically collect certain usage information when you access our Services ("Usage Data"), such as Internet Protocol address ("IP address") and information derived from your IP address such as your geographic location, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. We collect IP addresses to track and aggregate non-personal information, such as using IP addresses to monitor the regions from which users navigate to our Services.  We also collect IP addresses from users when they log into the Services as part of our log-in and security features.  We may also, when you enable location-based Services, collect Global Positioning System (GPS) location data and/or motion data. We may also collect Past transactional behavior conducted by You on the Services, Information about your company such as the name, size and location of your company and your role within the company, and Behavioral or demographic attributes, when tied to personal identifiers.

Fit Pro Tracker may also collect additional information through your dealings with and use of the Services and non-Fit Pro Tracker websites, which does not disclose your specific identity or does not directly relate to an individual. Additional information may include, but is not limited to:

  • Internet Protocol address ("IP address") and information derived from your IP address such as your geographic location;
  • Geographic location showing where You are using the Services;
  • Information about your devices such as information contained in HTTP Headers (defined below) or other internet transfer protocol signals, browser or device type and version; operating system, user-agent strings, and information about or from the presence or use of "apps" on your mobile devices, screen resolution, and your preferred language;
  • Unique IDs such as a cookie placed on your computer, mobile or device IDs;
  • Behavioral data and information about your usage of the Services, including webpages clicked, websites and content areas visited, date and time of activities;
  • The web search you undertook to locate and navigate to the Services.

We might also may put together additional information with Personal Information, such as gathering geographical location from your IP address and combining all of this with behavioral data about your usage of the Services with your name. If we combine additional information with personal Information, we will treat the combined information as Personal Information.

We might also collect personal information from you if you log into our Services using a Third Party Social Network such as Facebook.

Our Services may change over time and we may introduce new features that may collect new or different types of information.

b) How Fit Pro Tracker Uses Your Information. Fit Pro Tracker may use your Personal Information it collects (unless otherwise prohibited by applicable law), for the following purposes:

(a) Account Registration. We may use your name, address, phone number, and email address to register your Fit Pro Tracker Account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current.  If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information.

(b) To bill and collect money owed to us by our Customers. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.

(c) To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as scheduled outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.

(d) To enforce compliance with our Terms and Conditions and applicable law. This may include developing tools and algorithms that help us prevent violations.

(e) To protect the rights and safety of our Employees, Customers and third parties, as well as our own.

(f) To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms which includes responding to lawful requests by public authorities, including to meet national security or law enforcement requirements.

(g) To communicate with our Customers about their account and provide customer support.

(h) To Let You Know About Other Services.  We may use your information to communicate with you about our Services and to give you offers for third party products and services that may be of use to you.

(i) To Improve Services and Develop New Services. We may use your information to personalize or customize your experience [what is name of app or service], develop new features or services, and to improve the overall quality of Fit Pro Tracker's Services.

(j) Feedback. We may use any information you volunteer provide to us in surveys you answer and combine them with answers from other customers in order for us to better understand our Services and how we may improve them.  Of course, answering any survey is optional.

(k) To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing any Services that you have requested, provide you with support related to our Services, and to help us protect our Services, which includes taking action against fraud and protect your information.

(l) Customer Service and Technical Support.  We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to deal with and resolve questions you may have about our Services and to follow up with you about your experience.

(m) Publishing or Sharing Combined Information from Many Users In a Manner that Would Not Allow You or Any Other Person to be Identified Personally. We may prepare and share information about our customers with third parties, such as advertisers or partners, for research, marketing and/or promotional purposes but only in a way that would not allow you or any other person to be identified. For example, we may share demographic data that describes the percentage of our customers who use one of our services or who use a specific operating system. We or our third party partners may publicly report the aggregated findings of the research or analysis, but only in a way that would not allow you or any other person to be identified.

(n) To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

(h) To prosecute and defend a court, arbitration, or similar legal proceeding.

(i)  To provide suggestions to you. This includes adding features that compare Customers’ content or communications, using data to suggest products or services that you may be interested in or that may be relevant to you or your Recipients.

(j) To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

(k) Customer Testimonials. We might at some point upload Customers testimonials on our Services that may contain Personal Information. Before doing so, we will obtain your consent to use your name and testimonial. If you ever desire to delete a testimonial, please contact us at

(l) Respond to Your Requests. Fit Pro Tracker may also use Personal Information in order to respond directly to your information requests.

(m) Third Party Social Networks. Fit Pro Tracker may use your Personal Information to connect with you on third party social networks. Fit Pro Tracker' interactions with you on any third party social network would be subject to that network's privacy policies and terms of use.

c) How Does Fit Pro Tracker Share Your Personal Information. We may need to share your Personal Information with others.

Third Party Service Providers. We may share your information, including Personal Information and Usage Data, with third party service providers who perform certain functions to enable us to provide our Services and help us operate our business, such as website design, sending email communications, fraud detection and prevention, customer care, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing customer service or performing analytics. Our contracts with these third parties compel them to maintain the confidentiality of the Personal Information we provide to them, only act on our behalf and under our instructions, and not use Personal Information for purposes other than the product or service they're providing to us or on our behalf.

Response to Subpoenas and Other Legal Requests.  We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.

Protection of  Fit Pro Tracker and Others. We may share account information, Personal Information and Usage Data when we believe it is appropriate to enforce or apply our products' Terms of Service and other agreements; or protect the rights, property, or safety of Fit Pro Tracker, our Services, our users, or others.  This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.  This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Statement.  

Reporting to Credit Bureaus.  We may share your information with credit bureaus, consumer reporting agencies, and card associations.  Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report.  We may also share your information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, or debt collection.

Sale of Our Business.  If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you'd like to stop receiving promotional information following any change of control.

With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.

3. ADVERTISING. Fit Pro Tracker does not provide any personal information to advertisers or to third party sites that display any interest-based ads that may be displayed on our site or SaaS application. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third-parties may provide Fit Pro Tracker with information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that Fit Pro Tracker may use to provide you more relevant and useful advertising.

4. Advertising Preferences

You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website.

3. WHAT CHOICES DO I HAVE ABOUT MANAGING MY PRIVACY?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. For termination of any accounts pertaining to Customers who have paid fees to use our Services, please see all applicable language contained in the agreement executed between Customers and Fit Pro Tracker. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. 

If you have privacy concerns regarding access to or the correction of your Personal Information, write to us at [email protected]

4. Public Information and Third Party Websites

(a) Blog. We may at some point have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us. If we are unable to remove your information, we will tell you why.

(b) Social media platforms and widgets. Our Websites may include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We might also maintain presences on social media platforms including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them and we encourage you to read them.

(c) Links to third-party websites. Our Websites may include links to other websites, whose privacy practices may be different from Fit Pro Tracker. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

(d) Cookies and Similar Tracking Technologies. In accordance with applicable law, Fit Pro Tracker and our service providers may use commonly-used tools to recognize your visit and track your interactions with our Services which includes cookies, web beacons, pixels, local shared objects, and similar technologies (collectively, "Cookies").  Sometimes this tracking is necessary in order for us to provide you the Service you requested.  Other times, we combine Usage Data collected from Cookies with that of other customers to improve your and other customers' experience.  You have control over some of the Usage Data we collect from Cookies and how we use it.  Information on changing your browser settings to opt out of Cookies can be found in your browser settings.

5. We Operate in the US Only

Fit Pro Tracker operates in the United States only.

6. Security of Your Information

The security of your Personal Information is extremely important to Fit Pro Tracker. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

We provide reasonable and appropriate security measures in connection with securing Personal Information we collect.

For example, we:

  • Constantly work to update our security practices to implement accepted best methods to protect your Personal Information, and review our security procedures carefully.
  • Comply with applicable laws and security standards.
  • Securely transmit your sensitive Personal Information.
  • Train our staff and require them to safeguard your data.
  • Transmit, store, protect, and access all cardholder information in compliance with the Payment Card Industry's Data Security Standards.

7. Notice of Breach of Security

If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Recipients, then Fit Pro Tracker will notify you as soon as possible and later report the action we took in response.

8. Safeguarding Your Information

We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.

Fit Pro Tracker accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Recipients is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.

9. DATA RETENTION AND YOUR ACCESS RIGHTS

a) Data Retention. In accordance with and as permitted by applicable laws and regulations, we will retain your information as long as necessary to provide our Services you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business.  When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications.  We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones.  We will retain and use your information as required by applicable regulations and Fit Pro Tracker’s records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.

10. California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or at the addresses above.

11. Do Not Track Disclosure

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.

12. CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.

  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in compliance with CANSPAM we agree to the following:

  • NOT use false, or misleading subjects or email addresses

  • Identify the message as an advertisement in some reasonable way

  • Monitor third party email marketing services for compliance, if one is used.

  • Honor opt-out/unsubscribe requests quickly

  • Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can Follow the instructions at the bottom of each email and we will promptly remove you from all correspondence.

Accuracy of Data, Transparency, and Choice

We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information.

We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.

As explained above, We might share your Personal Information with Service Providers in order to provide and support our Services. With respect to Personal Information we share with our advertising partners, you have a choice. You can opt-out of this sharing with our third party advertising partners by adjusting your cookie settings as explained in more detail above.

13. What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to [email protected]  and we will try to resolve your concerns.

14. Special Rules For Children. 

Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our Services such as signing up for our Services require the submission of a payment card number along with personal information in connection with a purchase; other elements of our Services require the submission of personal information to access or use the Services. Except in certain cases where limited contact information may be collected and not retained, these elements of our Services are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our Services which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature.

15. Dispute Resolution

If you have any complaints regarding our compliance with this policy, you should first contact Fit Pro Tracker. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of your personal information in accordance with this policy.

16. Corporate Headquarters

Fit Pro Tracker's corporate headquarters are located at: 3100 W Ray Rd Suite 201, Chandler AZ, 85226

Last Updated: April 1, 2019