Privacy Policy
Last Updated: January 1, 2023
FitKit Wellness, Inc. and our affiliates and subsidiaries (“we,” “us,” or “our”) are committed to protecting your privacy. This Privacy Policy describes how we collect, use, disclose and otherwise process the information we collect about you when you:
- Visit our main website (www.FitKit.com) its subdomains (“Website”)
- Submit purchase orders or engage in other transactions with us;
- Communicate with us by email, telephone, mail, facsimile, or in person at events;
- Sign up to receive email, mail, or other communications from us; or
- Otherwise provide Personal Information (as defined below) to us, whether offline or online in the context of our relationship with you.
By using our website, or sharing your information with us, you are accepting and consenting to the practices described in this PrivacyPolicy.
What Information We Collect
“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.
We may collect the following types of Personal Information about you:
- Identifiers, such as your name, your place of business, job title, postal address, email address, telephone number, mailing or shipping address, and any personal or business contact information you voluntarily provide to FitKit Wellness;
- Commercial information, such as payment information (including your credit or debit card information, bank account details, and other payment processing information), information relating to your purchases or items you are interested in (including the products and services you purchase or receive from us, the items in your shopping cart on our Webiste, any information we receive in connection with your order, and information related to your online customer account you register on the Website). and credit information (such as names and contact information of owners and officers, bank references, trade references, and other information in credit applications);
- Internet or other electronic network activity information, including information we automatically receive about the devices you use to access the Website or use our services, your IP address, the type of Internet browser used to visit the Website, how you interact with the Website and our services (including the areas of the Website you visited and the actions you performed on the Website), and information we collect using cookies and other tracking technologies as described in the “Cookies” section below;
- Geolocation data, such as the city, state, and zip code associated with your IP address;
- Audio, electronic, visual, or other sensory information, such as photographs you submit to personalize products you purchase;
- Inferences, drawn from any of the information we collect, such as products and services you might be interested in;
- Other information you choose to provide, such as when you participate in a survey, contest, promotion, request customer support, submit comments or questions regarding our products and services, or otherwise communicate with FitKit Wellness.
How We Collect Your Personal Information
We collect your Personal Information from the following sources:
- You, such as when you visit the Website; order our products; submit an application for credit; communicate with us online or offline; sign up to receive email, newsletters, or other communications from us; or otherwise voluntarily provide Personal Information to us. When we request your Personal Information, you do not have to provide it, but if you choose not to, we may not be able to provide you with all of our products and services.
- Tracking technologies and other automated sources, such as cookies and other tracking technologies when you visit our Website and use our services.
- Third parties, such as other references, business partners, social and other third parties with whom we interact.
- B2B Organizations* - Product obtained/purchased by organizations (sometimes corporations, governments, hospitals, universities and other organizations and groups (“Organization(s)”) wish to make FitKit Wellness Products available to their employees and their families, clients, members, patients, customers, residents or others (“Recipient(s)”).
How We Use Your Personal Information
We may use Personal Information as outlined below:
- Provide you with products and services. We may use your Personal Information to provide you with products and services, including to process and fulfill your orders; process your payment card and other transactions; send you invoices; evaluate any credit application you submit to us and, if applicable, extend credit to you; administer and maintain your customer account and send you communications related to your orders and our products and services.
- Build and maintain our customer relationships, including through marketing. We may use your Personal Information to improve your experience with our products and services, send you marketing messages about products or services that may be of interest to you, send you informational newsletters, provide you with customer service, and showcase our products to you at events. We may also draw inferences from the Personal Information you provide to us, such as information about your preferences, characteristics, and interest in our products and services.
- Improve the Website and our product and service offerings. We may use your Personal Information to understand who is visiting the Wesite, using our services, and purchasing our products, perform market research and analysis, analyze how the Website or our services are being used and accessed, improve the functionality of the Website and your user experience, conduct quality assurance activities, perform internal business reviews, and develop new product offerings and services.
- Maintain the security of the Website and our services. We may use your Personal Information to maintain the security and integrity of the Website and our services, detect security incidents, protect the Website and our services against fraudulent and illegal activity, and enforce our terms of use.
- Comply with our legal obligations and respond to legal proceedings. We may use your Personal Information to comply with our legal obligations, including maintaining records of our compliance with federal and state law requirements. We may also use your Personal Information to establish, exercise, or defend legal claims.
- In connection with a corporate transaction, such a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control (whether in whole or in part).
- *B2B Organizations:
- Product that is obtained/purchased on behalf of and sent directly to an Organization to be distributed to Recipient(s) by the Organization: When a Recipient receives product distributed by an Organization, FitKit Wellness receives no personal information or data on the individual Recipient from said Organization. (It is only when the Recipient visits the Website on their own free will do we collect the personal information outlined in this this Privacy Policy.)
- Product that is obtained/purchased on behalf of an Organization and distributed to Recipient(s) by FitKit Wellness via individual shipments (USPS, UPS, FedEx): When a Recipient receives product distributed by FitKit Wellness on behalf of the Organization (shipped directly to Recipient(s) via USPS, UPS, FedEx), FitKit Wellness receives (encrypted or otherwise) limited personal information (names and addresses) from the Organization for the sole purpose of producing Recipient shipping labels. Once the Product is shipped, the provided names and addresses are fully deleted from the FitKit Wellness internal server. The Recipients information is NOT USED for marketing purposes, not sold to a third party nor kept for future uses, marketing or otherwise. However, the Recipients information does remain on the third party shipping hosts site for a term of 60 days for tracking purposes, wherby then deleted entirely from the third party shipping host site. (It is only when the Recipient visits the Website on their own free will do we collect the personal information outlined in this this Privacy Policy.)
How We Disclose Your Personal Information
We may disclose your Personal Information as outlined below:
- Our Account Executives. We may disclose your name and contact information (such as email address) to one or more of our Account Executives if you purchase a product or submit an inquiry or request. “Account Executives” refers to a FitKit Wellness sales representatives who represent our product lines Our Account Executives may communicate with you to assist with your request, inquiry, or transaction; send you marketing messages about our products and services; or support our customer relationship with you.
- To our business partners. We may disclose your name and contact information (such as email address) to our business partners, including our product manufacturers and vendors, so that they can provide products and services to us.
- To our suppliers and other service providers. We may disclose your Personal Information in general to our suppliers, service providers, and vendors that perform tasks on our behalf, such as order and payment processing, order fulfillment and production, order shipping and delivery, invoicing or billing activities, data processing and storage, data security, marketing activities, and operating and maintaining the website and our services.
- To advertisers and advertising networks. We may disclose your website usage information to our advertisers and advertising networks. These third parties may combine information they receive from us with information they receive directly from you or from other third parties. They may use the information for their own business purposes, such as improving their own services or products.
- To public and governmental authorities. We may disclose your Personal Information in general to entities that regulate or have jurisdiction over FitKit Wellness, such as regulatory authorities, law enforcement, public bodies, and judicial bodies.
- To other third parties, as reasonably necessary. We may disclose your Personal Information in general:
- In relation to a merger, sale, acquisition, divesture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control (whether in whole or in part);
- To: (1) comply with laws applicable to FitKit Wellness, a request from law enforcement, a request from a regulatory agency, or other legal process; (2) protect the legitimate rights, privacy, property, interests or safety of FitKit Wellness, our customers, business partners, personnel, or the general public; (3) pursue available remedies or limit damages; (4) enforce our terms of use; or (5) respond to an emergency; and
- To comply with your request.
Retention of Information
As a general matter, we will retain your Personal Information for as long as it is necessary to fulfill the purposes for which we collected it, to satisfy legal and regulatory requirements, or as required or permitted by applicable law of harm to people like you, the purposes for which we collect and use the Personal Information, and applicable legal and regulatory requirements. In certain circumstances, we may anonymize your Personal Information so that it can no longer be associated with you. We may use such anonymized information for various business purposes, including analytics and research, and may retain it indefinitely without further notice to you.
Cookies
Cookies. We may send cookies, which are small pieces of data, to your web browser to facilitate your use of the Website. Cookies help us deliver content specific to your interests and permit our servers to recall information from your prior visits to the Website. We may use information collected from cookies in conjunction with other information we have collected from you. We do not, however, use cookies to access information on your computer or device. You can choose whether to accept cookies by adjusting the settings of your browser. If your browser is set to reject cookies, you may still enter the Website, but you may not have full access to all areas within the Website. You may also choose to reject certain cookies by clicking the “Do Not Sell or Share My Personal Information” or “Manage Privacy Preferences” link in the Website footer where applicable.
Web Analytics and Advertising Services Provided by Others
We may use web analytics providers to understand how visitors engage with our Website and services, determine the popularity of certain content, and learn about your preferences with respect to the Website. For example, we use Google Analytics, which employs cookies to analyze how visitors use and interact with the Website. For more information on how Google Analytics uses your information and your choices with respect to that information, please review the Google Analytics Terms of Service, the Google Privacy Policy, and Google Analytics Support.
We may also engage and work with service providers and other third parties to serve advertisements on the Website and/or on third-party services. Some of these ads may be tailored to your interests based on your browsing of the Website and elsewhere on the Internet, which is sometimes referred to as “interest-based advertising” and “online behavioral advertising” and may include sending you an ad on a third-party service after you have left the Website. These web analytics and advertising service providers may use cookies, and other tracking technologies to collect information about your use of the Website and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information.
Your Choices
Opt Out from Emails and Other Communications
If you no longer wish to receive marketing emails or other marketing communications from FitKit Wellness, you may unsubscribe at any time by clicking the “unsubscribe” link in the emails you receive from us or by contacting us using the information below in the “Contact Us” section. Please note that even if you opt out of receiving marketing communications from us, we may continue to send you non-promotional communications regarding your order, your account, other transactions with us, or notices consistent with our legal rights and obligations.
Opt Out of Cookies and Other Tracking Technologies
Regular cookies generally may be disabled or removed using tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need change their settings separately. In addition, tools from commercial browsers may not be effective with respect to HTML5 cookies or other tracking technologies.
Please be aware that if you disable or remove these technologies, some parts of our Website may not work, and when you revisit the Website, your ability to limit browser-based tracking technologies is subject to your browser settings and limitations.
Opt Out of Analytics and Interest-Based Advertising
For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit the Digital Advertising Alliance at www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/choices. You may also exercise choices regarding the use of cookies from Google Analytics by visiting this page or downloading the Google Analytics Opt-Out Browser Add-On.
Third Party Links
The Website may contain other materials or references and/or links to third-party websites and services not operated by FitKit Wellness. Should you click these links, we are not responsible for any third party’s data collection or privacy practices, and we have no control over what information third parties track or collect. Any access to and use of such linked websites is not governed by this Privacy Policy but instead is governed by the respective privacy policies of those third-party websites. We encourage you to review the privacy policies posted on those third-party websites for further information.
Notice to California Residents
Certain California residents have the privacy rights listed below. The rights listed below under the California Consumer Privacy Act and Shine the Light are not the same. To exercise your rights, you will need to follow the directions below.
California Privacy Rights
California residents may have certain rights concerning their Personal Information, described below.
- Request to Know. You have the right to request to know (1) the specific pieces of Personal Information we have collected about you; (2) the categories of Personal Information we have collected about you; (3) the types of sources from which that Personal Information was collected; (4) the categories of your Personal Information that we sold, shared, or disclosed; (5) the categories of third parties to whom your Personal Information was sold, shared or disclosed ; and (6) the purposes for collecting, selling and sharing your Personal Information. You may exercise your right to request to know twice a year, free of charge.
Please note, in response to a request to know, we are prohibited from disclosing your Social Security number, driver’s license number or other government-issued identification number, financial account number, health insurance or medical identification number, and account password or security questions and answers. - Request to Delete. You have the right to request that we delete the Personal Information that we have collected from or about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request to delete, we will let you know the reason for the denial.
- Request to Opt Out of Sale or Sharing of Your Personal Information. You have the right to opt out of the sale or sharing of your Personal Information.
- Request to Correct. You have the right to request that we correct inaccurate Personal Information that we maintain about you.
- Right to Non-Discrimination. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, please understand that you may be unable to use or access certain features of the Website or our services.
To make a request to know, request to correct, or a request to delete under the California Consumer Privacy Act, please contact us using the information in the “Contact Us” section below.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. FitKit Wellness aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where FitKit relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Security
We use commercially reasonable measures to safeguard Personal Information that you have disclosed to us, but absolute security cannot be guaranteed. It is important for you to protect against unauthorized access to your account access information and to your computer. We urge you to keep your account log-in information in a safe place and not to divulge it to anyone. We will endeavor to notify you in the event we become aware of a breach of the security of your Personal Information stored by or for us. However, we shall not be liable for any breach of the security of your Personal Information resulting from your own acts or omissions.
We use one or more secure servers for the Webite. By “secure,” we mean that the Website uses the Secure Socket Layer (SSL) protocol and that our web servers are capable of delivering 128-bit encryption. For example, when you make a purchase on the Website, your Personal Information (including payment account information) is transmitted using the SSL protocol and then encrypted (using industry-standard 128-bit SSL technology) into a secure database maintained by our payment gateway provider, which will be accessible only by those who are authorized to access the information and who are required to keep the information confidential. Please note, however, that your browser, not our web servers, ultimately determines the exact level of encryption. You may not be able to shop online if your browser does not support SSL or if you are accessing the Internet from behind a firewall that prohibits SSL transactions.
Children’s Privacy
We do not knowingly collect Personal Information from individuals under the age of 18. If we discover that any registration, transaction, or other submission of personal information is made by an individual under the age of 18, we will take reasonable steps to immediately and permanently delete and remove such information, with or without notice.
International Users
If you are visiting the Website from outside the United States, please be aware that the information we collect may be transferred to, processed, and stored on our servers in the United States in accordance with this Privacy Policy and applicable law. The data protection laws and regulations applicable to your Personal Information that is transferred to the United States may be different from the laws in your country of residence.
Changes to this Notice
We reserve the right to amend this Privacy Policy at any time. We will inform you of any material changes to this Privacy Policy by posting a notice on the Website. If you are on our email list or if you have an account on the Website, we may also notify you of such material changes via email or the account. If you object to any modification, your sole recourse is to notify us that you do not agree and to stop using the Website and providing us with your Personal Information.
Contact Us
If you have any questions about this Privacy Policy or wish to exercise any rights with respect to your Personal Information, you may contact us at:
FitKit Wellness, LLC
Attn: Customer Service
4307 Main Street
Suite 538
Grasonville, MD 21638
(877) 348-5487
Email: Hello@FitKit.com