Privacy Policy

Last Updated – April 13, 2023

Non-legalese, Simple English Summary

1. You provide your personal information (email, phone number, etc.) to us while creating an account with us. We store that information reliably. We use that information to serve you.
2. When you install our services on your device(s), we collect some personally identifiable data to serve you.
3. This policy specifies the data collected by us, the manner of collection and your rights with respect to your personal data.
4. All users of the site have an option to opt-out of being tracked by our services. Please see our opt-out page for more information.

PRIVACY POLICY – EXERCISE.COM

Exercise.com (the “Site”,” us” or “we”) has adopted this Privacy Policy because we are committed to protecting your privacy. The following Privacy Policy is only in effect for the web pages and mobile apps owned and operated by the Site.

By using the Site you agree to this Privacy Policy. This Privacy Policy is effective as of May 22, 2018.

If you choose to visit the Site, your visit and any dispute over privacy is subject to this Privacy Policy and the Site’s Terms of Service, including limitations on damages, jurisdiction of disputes and application of the law of the State of Florida.

If you have any questions about this Privacy Policy, please feel free to contact us at [email protected] or write to us at: 15310 Amberly Dr Suite 250, Tampa, FL 33647

1. INFORMATION THAT YOU GIVE US. When you register or subscribe to our services, we collect personal information that can identify you (“PII”) such as your full name, email address, mailing address, telephone number. We also may collect PII from you when you contact us or participate in activities that may be available through our services such as: forums; message boards; chats; creating a profile; rating; tagging; commenting on articles or completing surveys. The information that we collect varies depending upon how you use our Service. When you register as a member of the Site, you will need to provide us with health-related information that a trainer will need to design your fitness and nutrition plan. That information will be associated with your profile and therefore become PII. When you register as a trainer on the Site, you will need to provide us with information regarding your qualifications in designing fitness and nutrition plans.

WE DO NOT KNOWINGLY COLLECT PII FROM CHILDREN UNDER THE AGE OF THIRTEEN.

Please keep in mind that certain features on our Site give you an opportunity to interact with us and others. These may include forums, message boards, chats, creating community profiles, and rating, tagging and commenting on articles. When you use these features you should be aware that any information you submit, including your name, location and email address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features.

Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for ensuring that such information conforms to all local data protection laws. We are not responsible under any data protection laws for user posted information.

YouTube API Services Notice: Exercise.com uses YouTube API Services. By using Exercise.com, users are agreeing to be bound by the YouTube Terms of Service. For more information, please visit the Google Privacy Policy. Users can revoke YouTube’s access to their data at any time by visiting the Google security settings page.

2A. PERSONAL INFORMATION AUTOMATICALLY OBTAINED FROM YOUR INTERACTIONS WITH THE SERVICE. Log Data. When you use our Service, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click.

Cookies and Similar Technologies. Like many websites, we also use “cookie” technology to collect additional website usage data and to improve the Site and our Service. A cookie is a small data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Site and our service and is deleted from your computer when you disconnect from or leave the Site. A persistent cookie remains 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 browser help file directions. Most Internet browsers automatically accept cookies. Exercise.com may use both session cookies and persistent cookies to better understand how you interact with the Site and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our Service.

We may also automatically record certain information from your device by using various 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 you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message, to the extent permitted under applicable law.

You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

Do Not Track. Exercise.com does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use our Service.

Third-Party Web Beacons and Third Party Buttons. We may display third-party content on the Service, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons, such as Facebook “share” buttons, that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Exercise.com. Please consult such third party’s data collection, use, and disclosure policies for more information.

Links to Other Websites. Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to read the privacy policies or statements of the other websites you visit.

2b. PERSONAL INFORMATION COLLECTED FROM CONNECTED ACCOUNTS. If you connect your third-party account to your Exercise.com account, we may collect certain information stored in your account such as:

FACEBOOK. Exercise.com may allow you to connect a Facebook page or profile to your Exercise.com account, in which case we will access certain information from Facebook regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

YOUTUBE. Exercise.com may allow you to connect a YouTube page or profile to your Exercise.com account, in which case we will access certain information from YouTube regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, videos, playlists, thumbnails, video descriptions. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

VIMEO. Exercise.com may allow you to connect a Vimeo page or profile to your Exercise.com account, in which case we will access certain information from Vimeo regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, videos, playlists, thumbnails, video descriptions. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

MINDBODY. Exercise.com may allow you to connect a MindBody page or profile to your Exercise.com account, in which case we will access certain information from MindBody regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, client information. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

MAILCHIMP. Exercise.com may allow you to connect a Mailchimp page or profile to your Exercise.com account, in which case we will access certain information from Mailchimp regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, subscriber information, subscriber status. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

CONVERTKIT. Exercise.com may allow you to connect a ConvertKit page or profile to your Exercise.com account, in which case we will access certain information from ConvertKit regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, subscriber information, subscriber status. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

REFERSION. Exercise.com may allow you to connect a Refersion page or profile to your Exercise.com account, in which case we will access certain information from Refersion regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, sales referral information. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

STRIPE. Exercise.com may allow you to connect a Stripe page or profile to your Exercise.com account, in which case we will access certain information from Stripe regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, sales information, subscriptions, plans, products, customers. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

INTERCOM. Exercise.com may allow you to connect an Intercom page or profile to your Exercise.com account, in which case we will access certain information from Intercom regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, subscriber information, subscriber status. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

CONSTANT CONTACT. Exercise.com may allow you to connect a Constant Contact page or profile to your Exercise.com account, in which case we will access certain information from Constant Contact regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, subscriber information, subscriber status. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

MYFITNESSPAL. Exercise.com may allow you to connect a MyFitnessPal page or profile to your Exercise.com account, in which case we will access certain information from MyFitnessPal regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

RUNKEEPER. Exercise.com may allow you to connect a RunKeeper page or profile to your Exercise.com account, in which case we will access certain information from RunKeeper regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

DAILYMILE. Exercise.com may allow you to connect a DailyMile page or profile to your Exercise.com account, in which case we will access certain information from DailyMile regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

FITBIT. Exercise.com may allow you to connect a FitBit page or profile to your Exercise.com account, in which case we will access certain information from FitBit regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

MAPMYRUN. Exercise.com may allow you to connect a MapMyRun page or profile to your Exercise.com account, in which case we will access certain information from MapMyRun regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

WITHINGS. Exercise.com may allow you to connect a Withings page or profile to your Exercise.com account, in which case we will access certain information from Withings regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

MOVES. Exercise.com may allow you to connect a Moves page or profile to your Exercise.com account, in which case we will access certain information from Moves regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

JAWBONE. Exercise.com may allow you to connect a Jawbone page or profile to your Exercise.com account, in which case we will access certain information from Jawbone regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity. This data will only be used by Exercise.com to provide you with the Service you expect and will not be shared with any third parties.

FUTURE THIRD PARTIES. We may receive personal data about you and your activity from additional third parties in the future, including advertisers and partners we work with in order to provide you with Exercise.com Services. We will use this personal data either where you have provided your consent to the third party or to Exercise.com to that data sharing taking place or where Exercise.com has a legitimate interest to use the personal data in order to provide you with the Exercise.com Service. Exercise.com may allow you to connect additional third-party pages or profiles to your Exercise.com account, in which case we will access certain information from Future Third Parties regarding your account. In particular, we may collect profile image, display name, username/page ID or profile ID, access tokens, exercise history, workout history, exercise activity, health measurement activity.

3. HOW WE USE YOUR INFORMATION. Generally, we may use information in the following ways:

• For the purposes for which you specifically provided it including, without limitation, to enable us to process and fulfill your subscription or other requests.
• To send you information about your relationship or transactions with us.
• To notify you about our products, services, and special offers.
• To otherwise contact you with information that we believe will be of interest to you.
• To enhance or develop features, products and services.
• To allow us to personalize the content that you and others see on the Sites.
• To provide advertisers and other third parties with aggregate information about our subscribers, web site user base and usage patterns.
• To allow other select companies to send you promotional materials about their products and services.

We use non-Personally Identifiable Information for purposes such as measuring the number of visitors to sections of our Site, making the Site more useful to visitors and delivering targeted advertising and non-advertising content. We use IP addresses to analyze trends, administer the Site, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.

4. SHARING YOUR INFORMATION. Except as otherwise described in this Policy, or if we inform you otherwise at the time of data collection, we will not share your information with third parties.

We share your information as follows:

• With Affiliates: We may share your PII with affiliated companies and businesses.
• With Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Site such as processing credit card transactions sending emails, and fulfilling purchase requests. These other companies may be supplied with or have access to your PII solely for the purpose of providing these services to you on our behalf.
• With Business partners: When you make purchases or engage in promotions offered through our Site, we may share PII with the businesses with which we partner to offer you those products, services, and promotions. When you elect to engage in a particular business partner’s offer or program, you authorize us to provide your information to that business partner.
• Special Circumstances: We also may disclose your PII:
  • In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.
  • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Site’s terms and conditions or other agreements or policies.
  • In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy.
• SPECIAL NOTICE FOR MEMBERS OF THE SITE: IF YOU ELECT TO MAKE YOUR PROFILE VIEWABLE BY TRAINERS, ALL INFORMATION (EXCLUDING YOUR PERSONAL CONTACT INFORMATION) THAT YOU INCLUDE IN YOUR PROFILE MAY BE VIEWED BY TRAINERS. YOU SHOULD NOT ENTER ANY INFORMATION IN YOUR PROFILE THAT YOU WISH TO REMAIN CONFIDENTIAL. A TRAINER WILL NOT BE ABLE TO CONTACT YOU EXCEPT THROUGH THE SITE UNLESS YOU PROVIDE A TRAINER WITH YOUR PERSONAL CONTACT INFORMATION. WE RECOMMEND THAT YOU CONTACT YOUR TRAINER THROUGH THE SITE ONLY. IF YOU CHOOSE TO PROVIDE A TRAINER WITH YOUR PERSONAL CONTACT INFORMATION, YOU DO SO AT YOUR OWN RISK. WE DO NOT SCREEN THE CREDENTIALS OF TRAINERS BEFORE ALLOWING THEM TO REGISTER IN OUR DATABASE. WE ARE NOT RESPONSIBLE FOR THE RETENTION, USE OR PRIVACY PRACTICES OF TRAINERS AFTER THEY HAVE RECEIVED YOUR INFORMATION.
• SPECIAL NOTICE FOR TRAINERS: YOUR PROFILE WILL BE VIEWABLE BY VISITORS TO THE SITE. ALL INFORMATION (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION) THAT YOU INCLUDE IN YOUR PROFILE MAY BE VIEWED BY VISITORS. YOU SHOULD NOT ENTER ANY INFORMATION IN YOUR PROFILE THAT YOU WISH TO REMAIN CONFIDENTIAL.

5. HOW TO ACCESS YOUR INFORMATION. If you have an online account with us, you have the ability to review and update your personal information online by visiting the account management section on the Site. You can also review and update your personal information by contacting us at the email address provided below in the “How to contact us” section of this Privacy Policy.

6. DATA RETENTION AND DELETION. We keep your personal data only as long as necessary to provide you with the Exercise.com Service and for legitimate and essential business purposes, such as maintaining the performance of the Exercise.com Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the Exercise.com Service. For example, we keep your workout history, exercise history, logged workout and health data, and account information.

If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:

• If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
• Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
• Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

7. HOW WE PROTECT YOUR INFORMATION. We use commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in our possession against loss, theft and unauthorized use, disclosure or modification but we cannot assure that your PII or non-PII will never be disclosed in a manner that is inconsistent with this Privacy Policy. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the Exercise.com Service

8. TRANSFER TO U.S. OR OTHER COUNTRIES. Your information may be stored and processed in the United States or any other country where the Site has facilities, and by subscribing to our services and/or using our Site you consent to the transfer of information outside of your country.

Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances, Exercise.com shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.

For further details of the security measures we use to protect your personal data, please see the ‘HOW WE PROTECT YOUR INFORMATION’ section 7 of this Policy.

9. CHANGES TO OUR PRIVACY POLICY. From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your PII, those changes will be posted in this Privacy Policy and the effective date will be noted at the beginning of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your PII, your PII will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

10. LINKS. We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the Exercise.com Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.

10. CHILDREN’S ONLINE PRIVACY PROTECTION ACT. The Site serves general users of the World Wide Web. We support and comply with the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. Children under the age of 18 may not use the Site.

11. SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS. If you reside in California and you have provided us with personal information, you may request information about our disclosures of certain categories of personal information (if any) to third parties for their direct marketing purposes. Such requests must be submitted to us using the email address below. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties (if any) for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.

12. HOW TO CONTACT US. If you have any questions, comments or concerns about our Privacy Policy, you may contact us at [email protected] or by writing a letter to: 15310 Amberly Dr Suite 250, Tampa, FL 33647