IMPORTANT â€“ TRANSFER OF DATA AND PERSONAL INFORMATION TO THE NETHERLANDS
We primarily store data about you, including personal information, on servers located and operated within the Netherlands. Therefore, if you reside outside of the Netherlands, in order to provide the Services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the country where you reside or are located, to the Netherlands. Therefore, our collection and use of your personal information is subject to the Netherlandsâ€™ laws related to privacy and use of personal data and information. These laws, including what is determined to be "personal data and/or information," are different and may be less protective than those applicable to you in your country of residence. By accepting the terms of this policy you acknowledge, agree and consent to (i) the transfer to and processing of personal information on servers located outside of the country where you reside, (ii) our collection and use of your personal information as described herein and in accordance with the laws of the Netherlands that may be different and may be less protective than those in your country and (iii) that you are taking a risk by using the site and services.
Information we collect
User-Provided Information: You provide us information about yourself, such as your name and e-mail address gender and age, body composition and preferences when you register for the Services. In the course of using our Services, you may also volunteer additional information such as height, personal habits, meal details and program progress. You can choose not to provide any information that is affirmatively requested of you. However, this may limit your ability to use the Service. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Services, the information contained in your posting will be stored in our servers and other users may be able to see it.
If you sign up for any of our pro subscriptions, or make other purchases through the Services, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information theyâ€™ve stored, and your cardâ€™s type, expiration date, and certain digits of your card number.
Social Network Platform Provided Information: We also collect personal information when you register to join the Services (or choose to update your account data) by logging into an account that you already have with a third party social networking platform ("SNP") via our Services. For example, our Services allows you to create an account and login to the Services using your Facebook account credentials through Facebook Connect. If you create a user account by logging into the SNP via the Services, you are using the personal information you have already provided to the SNP (such as your "real" name, e-mail address, age and other information you make available via the SNP) to create your account on our Services. Accordingly, if you use Facebook Connect to join the Services, you are allowing us to access the personal information in your Facebook account pursuant to Facebookâ€™s terms and conditions governing your use of the Services via Facebook. The information we receive from an SNP may depend on the privacy settings you have with the SNP, so please check the SNPâ€™s privacy and data practices.
Cookies Information: When you visit Fitness Lab.com or other websites associated with the Services, we may send one or more cookies â€” a small text file containing a string of alphanumeric characters â€” to your computer that uniquely identifies your browser and allows the Creator to help you log in faster and enhance your navigation through the site. Creator uses persistent cookies. A persistent cookie remains on your hard drive after you close your browser and may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browserâ€™s directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Services may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring/exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Services, we may employ clear gifs (aka, Web Beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and allow us to improve our Services for our users.
Mobile Services: We may also collect non-personal information from your mobile device if you have downloaded our Application. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application, and information about the type of device you use. In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
Location Information: If you use our Services on your mobile device, including through our Application, we may collect the unique device id number. If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can deactivate GPS on your mobile device.
Analytics Information: We use third party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, and other information that assists us in improving the Service. We may collect and use this analytics information together with your Personal Information to build a broader profile of our individual users so that we can serve you better. These third-parties may also deploy cookies, pixels, or other identifiers on the Website or collect information through our Application. For example, the Website use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer to help analyze how users use the Website. The information generated by the cookie about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Googleâ€™s behalf. By using these web pages and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the Google Analyticsâ€™ currently available opt-outs for the web, found at https://tools.google.com/dlpage/gaoptout/.
How we use your information
We use the information collected from you to operate, maintain, and provide to you the features and functionality of the Services. Generally speaking, we use the collected information to communicate with you, fulfill your requests, customize the content and advertising, improve our products and services, protect our and your rights, and comply with laws and regulations. By providing Creator your email address, you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as newsletters, changes to features of the Services, or special offers. If you do not want to receive such email messages, you may opt out by sending an email message to firstname.lastname@example.org with the word "No email" in the subject field. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Creator may use certain information about you and/or your user content without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Services are used, diagnosing service or technical problems, maintaining security, personalizing advertisements and promotions and improving our Services.
We may use the information collected via cookies, clear gifs, and log files to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Services; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Services; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web Creator or ISP; (f) help you efficiently access your information after you sign in; and (g) improve our Services.
How we share your information
Any personal information or content that you voluntarily disclose for posting on the Services (for instance, in user content you post) becomes available to the public. If you remove your user content, copies may remain viewable in cached and archived pages or if other users have copied or stored your user content.
Change of Control: As we develop our business, we may buy or sell assets or business offerings. Customer and visitor information is generally one of the transferred business assets in these types of transactions. We may also share such information with any affiliated entity (e.g. parent Creator or subsidiary) and may transfer such information in the course of corporate divestitures, mergers, acquisition or dissolution.
How we protect your information
Creator uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Creator and you do so at your own risk. Once we receive your transmission of information, Creator makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Creator, at all times.
Compromise of personal information
Your choices about your information
Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
You may, of course, decline to submit personally identifiable information through Creator, in which case Creator may not be able to provide certain services to you. You may change certain personal information in your account by going to "Settings" and editing your account or by sending an e-mail request to us at email@example.com. You may request deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes. Additionally, if you cancel your account, we may retain some information about you but will remove your profile from the Services.
You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the Application marketplace or network.
Protecting the privacy of young children is especially important. For that reason, Creator does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Creator is not an entity that is covered by HIPAA. The HIPAA privacy rules apply to health plans, health care clearinghouses, to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the "covered entities") and their service providers ("business associates"). This means that the information that you provide to the Creator is not protected by the HIPAA privacy rules and regulations.
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