(Last Updated: June 2017)
Swift Fitness, LLC
15851 SW 41st Street, #700
Fort Lauderdale, Florida 33331
Information We Collect and How We Collect It
You Provide Your Information to Us
When you register with or otherwise use our Services (including booking a session or making reservations or appointments for services), you may give us Your Information directly. For instance, when you register with our Services, you may be required to provide us with your name, mailing address, telephone number, email address, location, height, weight, gender, age or other information that may help us improve our Services, including your fitness level, current injuries and other conditions or, with respect to personal trainers, your certifications and insurance (as applicable). Further, we may charge fees for all or part of our Services. To the extent that we charge any such fees, then you may provide us with certain financial information (such as credit card or bank account numbers) in connection with a Transaction. If you choose not to provide us with any requested or required information, you may not be able to use some or all of the features of our Services.
Information that You Generate Using Our Communications Features
Our Services may allow you to communicate or share information with us as well as other Myos users (including both clients and personal trainers). For instance, you may post public comments or send private messages. You expressly acknowledge and agree that we may access in real-time, record and store archives of these communications and comments (including any call or message data, such as the date, time and content of such call or message and the applicable phone numbers) on Myos’ servers to make use of them in connection with our Services.
Third Parties Provide Your Information to Us
We May Collect Your Information Using Technology
When you use our Services, we and service providers acting on our behalf may use technology to collect information about you, including your geographic location, IP address, browser type, ISP, referral and exit pages, clickstream data and information related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. We may also collect and store information locally on your device using mechanisms, such as browser web storage and application data caches.
We and service providers acting on our behalf may collect such information through a variety of technical methods, including sending cookies, web beacons, pixel tags and other anonymous identifiers to your device. “Cookies” are pieces of data stored on our computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us know that you are logged in to your Myos account, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding your use of our Services.
Please note that, in most cases, you can stop making your geolocation available to us or remove or block cookies (such as by using the settings in your browser), but doing so may affect your ability to use our Services.
From time to time, we may participate in or use advertising networks, such as third-party advertising servers, advertising agencies, technology vendors and research firms. We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables such networks to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of a website, the location of your Internet service provider’s presence, the date and time of a visit to a website and other interactions between you and a website. Please see the Online Behavioral Advertising subsection of the Choices About How We Use and Collect Your Information section below to read about how you can prevent certain third-party advertising networks from collecting information about you.
Some content or applications, including advertisements, on our Services may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may collect information about you when you use our Services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We may use Your Information for various lawful business purposes. Among others, these purposes may include using Your Information to:
How We Disclose Your Information
We may disclose Your Information:
Please note that the list above is not exhaustive and that we may, in our sole discretion, share, loan, rent, sell or otherwise disclose information we collect from you to third parties at any time, for any lawful purpose, without notice or compensation to you.
Aggregation and De-Personalization
We may take Your Information and de-identify it either by combining it with information about other individuals (aggregating Your Information with information about other individuals), or by removing characteristics (such as your name) that make Your Information personally identifiable to you (de-identifying Your Information). We reserve the right to share, loan, rent, sell or otherwise disclose such information to third parties at any time, for any lawful purpose, without notice or compensation to you.
Circumvention of Security Measures
Please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of Your Information or any voice or data transmissions, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, we are not responsible for circumvention of any privacy settings or security measures of our Services. Therefore, you use our Services at your own risk, you should not expect, that Your Information or voice or data transmissions will always remain private, and we do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate Your Information.
You may provide information (including messages and other content) to be published, posted, submitted, transmitted or displayed (collectively, “posted”) on or through our Services to Myos users (including both clients and personal trainers) or other third parties (collectively, “User Contributions”). Your User Contributions are posted on our Services at your own risk. We cannot control the actions of other users (whether a client, personal trainer or other user) of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. Please exercise caution before posting any User Contributions on our Services.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding Your Information that you provide to us. Below are some mechanisms that provide you with control over certain information:
· Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by visiting http://www.networkadvertising.org/choices/ and following the NAI’s directions. Note that if you opt-out through the NAI, you will still receive advertising. In addition, if you opt-out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.
Your Information that You Disclose to Third Parties
Our Services may contain advertisements from third-party advertising servers, advertising agencies, technology vendors, research firms and other service providers, which are companies other than Myos that may link to their own websites, online services or mobile applications. We are not responsible for the privacy policies and other practices of such third parties, or the accuracy or quality of the services of such third parties. Any information that you disclose to third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.
Operations of Our Services in the United States
Our Services are operated in the United States. Your Information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Your Information may be less stringent than the laws in your country.
We do not knowingly collect personally identifiable information from children 13 and under. If we learn that we have inadvertently gathered personal information from a child 13 or under, we will take reasonable measures to promptly remove that information from our records.
Changing Your Information
To the extent required by applicable law, you may request that we inform you about Your Information that we maintain, and where appropriate, request that we update, correct or suppress Your Information that we maintain in our active database. We will make all required updates and changes within the time specified by applicable law, and where permitted under applicable law, may charge an appropriate fee to cover the costs of responding to such request. Please remember, if you make such a request, we may not be able to provide you with the same quality and variety of products and services to which you are accustomed. Please direct your requests to the address listed above under the section titled Introduction above.
Your California Rights Policy
Individuals who are residents of California and have provided Your Information to us may request certain information regarding our disclosure of Your Information to third parties for direct marketing purposes. Such requests must be submitted to us at firstname.lastname@example.org or in writing at:
Swift Fitness, LLC
15851 SW 41st Street, #700
Fort Lauderdale, Florida 33331
California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.