Introduction

FitChimp, Inc., dba FitRankings (“FitRankings” or “we” or “us” or “our”) has created this Privacy Policy in order to disclose its use of consumer data collected about you. This Privacy Policy is effective as of June 25th, 2020. Any questions regarding this policy should be directed by email to support@fitrankings.com. You may also contact 701 Brazos St. Suite 1600, Austin, TX 78701. The following discloses FitRankings’ information gathering and dissemination practices for its applications and website.

FitRankings may be the Controller or Processor of your personal data provided to us by you or collected by us from you during your use of the website and/or applications, as outlined below. If you use the FitRankings service, you consent to this policy and the use/sharing of your personal data as described herein. You have the choice to opt-out of sharing your data, as described below, and control how we use and share your data.

Information Collected and Received

FitRankings may collect or receive personal information about you, including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. You can choose what information you want to share with FitRankings, however if you choose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the FitRankings website(s) and/or application(s). We collect personal information from you at several different points, including but not limited to the following:

• when we correspond with you as a customer or prospective customer;

• when you visit the website(s) and/or application(s);

• when you register as an end-user of our service and an account is created for you;

• when you provide information, such as survey information;

• when you contact us for help;

• when the website(s) and/or application(s) sends us error reports or application analytics data; and

• when you use the service in conjunction with a third party.

FitRankings does not require you to include sensitive information (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health or data concerning sexual orientation). In the event that you provide such sensitive information as listed above you acknowledge that you have provided FitRankings explicit consent to receive such information.

Lawful Basis for Processing

We will only collect and process your personal data where we have lawful basis. Our lawful basis includes consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to: (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues. We may also ask for your consent to share your personal data with certain third-party business partners in order to offer certain goods, services, or programs.

Your Rights: Access, Correction, Deletion

We retain the personal data that you provide to us when you registered with the FitRankings website and/or application or any other information that you volunteered while using the website and/or application for (i) as long as your account is active or (ii) otherwise for a limited period of time as long as we need to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We retain any information provided as described in the Uses of Information below.

You have the right to request access to the information that FitRankings has on you. You can do this by contacting us at support@fitrankings.com. In order to comply with your request, we may have to verify your identity. If you believe that the information that we have about you is incorrect, you are able to contact us at support@fitrankings.com with the change request. Any data that is no longer needed for the purposes specified below will be deleted. You have the right to request the deletion of any personal data that we have on you. If you wish to do so, please contact us at support@fitrankings.com or manage your data shared with third parties through your account settings. Note that FitRankings may not be able to delete any depersonalized data on you.

How We Use Your Information

FitRankings may use personal information that we collect about you to:

• deliver the products and services that you have requested;

• manage your customer relationship and provide you with customer support;

• perform analysis about your use of the website and/or application;

• communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;

• enforce our terms and conditions and other agreements between FitRankings and you;
  manage our business;

• respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law; and

• perform functions as otherwise described to you at the time of collection.

FitRankings uses other companies as service providers to perform services necessary to our operations on our behalf, including for customer support software, analytics, and application monitoring for errors. In the course of providing these services, those companies may have access to and use your personal information. By contractual agreement, those companies must treat your information in accordance with this Privacy Policy.

How We Share Your Information

(a) Personally Identifiable Information. FitRankings will never sell your email address or any other personally identifiable information, to any third party without your permission. We may store personally identifiable information in locations outside the direct control of FitRankings (for example, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make publicly available on our websites and/or applications (such as posting comments, reviewing items, etc.) will be available to others as described in the previous Section.

From time to time, we may partner with companies to host events or for other purposes based on the interests of our users. Where we will disclose your personally identifiable information such as your email address to a third-party partner, which may be used for their own purposes including for marketing, we will notify you of our intent to share the information and give you an opportunity to consent to your information being shared. Note that if you do not consent to sharing your information with these third parties, these parts of the service, website and/or application may not be available to you as the sharing of information is necessity for the provision of services.

(b) Non-Personally Identifiable Information. The FitRankings site registration form may require users to give FitRankings contact information (such as your name and email address) and demographic information (such as your zip code, age, or income level). FitRankings uses your contact information from the registration form to send you information about FitRankings and promotional material from some of FitRankings’ partners. Your contact information may also be used to contact you when necessary. FitRankings may use demographic and/or profile data to tailor your experience on the FitRankings website and/or applications, show you content that FitRankings thinks you may be interested in, and display content according to your preferences. Furthermore, FitRankings shall have the right to retain records of all data pertaining to use of the website and applications including, but not limited to, usage, activity logs, and click-throughs. FitRankings may disclose such data to third parties provided it is grouped with other FitRankings users’ data and is presented in an aggregate form.

(c) We May Be Required to Share Your Information. FitRankings reserves the right to disclose information when required by law, such as by a subpoena or other legal proceedings. FitRankings may also disclose your information if we reasonably believe it necessary to (i) comply with requests of law enforcement or other applicable law; (ii) to enforce any agreement between you and us; (iii) to protect the security and integrity of our site, applications, or services; and/or (iv) to protect us, our users or others.

(d) What Happens in the Event of a Change of Control. We may be involved with an acquisition or divestiture of our business, products or services. Information we maintain including names and email addresses, and other information related to the FitRankings service may be sold or transferred in connection with such transaction. We may also sell, assign or otherwise transfer such information in connection with a sale of all or substantially all of our business or assets. You will be notified via email and/or a notice on our site of any applicable change in ownership or uses of your information.

(e) Behavioral Targeting / Re-Targeting. We may allow advertisers to display advertising on our sites and applications. Our advertisers may use technology such as cookies to gather information about your activities on multiple sites in order to provide you advertising based upon your activities and interests. The only way to opt out of the collection of any information through cookies or other tracking technology is through the settings in your browser or mobile device. Please review your browser or mobile device information for instructions on how to delete and disable cookies, and other tracking/recording tools (to learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access the FitRankings service, websites and/or applications on your mobile device, you may not be able to control tracking technologies through the settings. For more information, see the Cookies Section below.

(f) Testimonials. We may also disclose, on an anonymous basis, statements made by our users. However, with your consent, we may post your testimonial along with your name. If at any point you wish to update or delete your testimonial, please contact us at support@fitrankings.com.

How We Store and Process Your Information

The information collected by FitRankings may be processed and/or stored in the United States, European Union Member Nations, the United Kingdom, Switzerland, Canada, or any other country in which FitRankings or its affiliates or service providers maintain operations. FitRankings may transfer information that we collect, including personally identifiable information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions. If you are located in the European Union, UK, Switzerland or other regions with laws restricting transferring of data, please note that we will comply with laws applicable to us.

How We Protect Your Information

FitRankings is concerned with protecting your privacy and data, and therefore we use industry-standard technologies when transferring and receiving consumer data exchanged between FitRankings and other companies to help ensure its security. This site has security measures in place designed to protect the loss, misuse and alteration of the information under FitRankings’ control. FitRankings’ servers are backed up regularly and protected by security systems. However, we cannot ensure or guarantee the security of any information you transmit to us or guarantee that your information on the FitRankings service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. If you have any questions about security on our website and/or application, you can contact us at support@fitrankings.com. We may use an outside help platform, and a credit card processing company to bill you if you purchase services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

Cookies

“Cookies” are small pieces of information that are stored by your browser on your computer's hard drive. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our website and/or application. However, once you choose to furnish the website and/or application with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand website and/application usage and to improve the content and service. We also may use cookies to offer you products or services. You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser.

Global Positioning System

Global Positioning System (GPS) tracking technology may be used to determine the location (latitude and longitude) of users of the FitRankings products and services. You acknowledge and consent to the use of this technology for the purposes listed above, as necessary for the services and products that you have requested. You have the right to reject the use of this technology by contacting info@fitrankings.com, however note that this technology and its applicable information is used in conjunction with FitRankings’ applications and therefore some elements of the FitRankings’ website and/or application may not be accessible to you. This information is transmitted to FitRankings, FitRankings’ users, and temporarily stored by FitRankings. FitRankings does not provide this information to any other third party.

Links

FitRankings may create links to other websites. FitRankings will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual's right to privacy. However, many other sites that are not associated or authorized by FitRankings may have links leading to our site. FitRankings cannot control these links and FitRankings is not responsible for any content appearing on these sites.

Children’s Privacy

We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person's personal information from all FitRankings systems.

Your California Privacy Rights

FitRankings does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you visit the website and/or application.

If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to support@fitrankings.com.

Our website and/or application are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or application, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to support@fitrankings.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.

International Transfer of your Personal Information

The website and/or application is hosted and operated entirely in the United States and is subject to United States law. Any personal information that we collect from you is currently stored and processed in the United States. If you are accessing the website and/or application outside of the U.S., you need to understand that by accessing our website and/or application, you agree to the transfer of your personal information to the United States. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction. See our Data Privacy Framework statement below for more information.

Amendments

FitRankings may amend this policy at any time. If FitRankings is going to use personally identifiable information collected through the FitRankings site in a manner materially different from that stated at the time of collection, FitRankings will notify users via email and/or by posting a notice on the FitRankings site for thirty (30) days prior to such use. This Privacy Policy may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.

Successors and Assigns

This Privacy Policy inures to the benefit of successors and assigns of FitRankings.

Contacts

If you have any questions about this Privacy Policy, the practices of this site, your dealings with this web site, or request access, changes or deletion to information we have about you, you can contact support@fitrankings.com. Upon request, FitRankings will provide you with access to information (e.g., name, address, phone number) that FitRankings collects and maintains about you. This site gives you the following options for changing, modifying or removing information previously provided: (i) email: support@fitrankings.com; or (ii) visit www.fitrankings.com.

Opt-Out

The FitRankings site provides users the opportunity to opt-out of receiving communications from FitRankings, except transactional correspondence. To opt-out of receiving our communications, you can (i) send email to support@fitrankings.com; or (ii) send postal mail to: FitChimp, Inc., dba FitRankings, FitRankings 701 Brazos St. Suite 1600, Austin, TX 78701.

Data Privacy Framework Statement

FitChimp, Inc, dba FitRankings (the “Company,” “FitRankings” or “we,” or “us”) complies with the EU-U.S. Data Privacy program Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy program Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. FitRankings has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework program Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. FitRankings has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

This Privacy Statement outlines our general policy and practices for implementing the Principles, including the types of information we gather, how we use it and the notice and choice affected individuals have regarding our use of and their ability to correct that information.

A) Definitions

“Personal Data” means information that (1) is transferred from the EU/EEA, UK or Switzerland to the United States; (2) is recorded in any form; (3) is about or pertains to a specific individual; and (4) can be linked to that individual.

“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

B) Principles

We may receive Personal Data from individuals and parties located in the EU/EEA, UK or Switzerland. Such information may contain, but is not limited to, names, email addresses, login information, location information, and transactional information, be used for the purpose of providing the services or as otherwise disclosed, and may be about customers, employees of customers, business partners, and consultants. Please refer to our main Privacy Policy (above) for more information regarding our data collection and usage practices. Whenever we collect or process Personal Data, we comply with the Principles:

1. Notice. We shall inform an individual of the purpose for which we collect and use their Personal Data and the types of third parties to which our Company discloses or may disclose that Personal Data. Our Company shall provide the individual with the choice and means for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to our Company, or as soon as practicable thereafter, and in any event before our Company uses or discloses the Personal Data for a purpose other than for which it was originally collected. Our Company may be required to disclose Personal Data in response to lawful request by public authorities, including to meet national security or law enforcement requirements.

2. Choice. We will offer individuals the opportunity to choose (opt out) whether their Personal Data is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For Sensitive Personal Information, our Company will give individuals the opportunity to affirmatively or explicitly (opt in) consent to the disclosure of the information to a third party or before we use the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Our Company shall treat Sensitive Personal Information received from an individual the same as the individual would treat and identify it as Sensitive Personal Information.

3. Agents, technology vendors and/or contractors of our Company may have access to an individual’s Personal Data, without the ability to opt-out, on a need to know basis for the purpose of performing services on our behalf or providing or enabling elements of the services, as described in our Privacy Policy (above). All such agents, technology vendors and contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for us or as otherwise required by law.

4. Accountability for Onward Transfer. Prior to transferring Personal Data to a third party acting as a controller, we shall notify the individual of such disclosure and allow the individual the choice (opt out) of such disclosure. Where we transfer Personal Data to a third party acting as an agent, we will do so only for limited and specified purposes. Our Company shall ensure that any third party to which Personal Data may be disclosed subscribes to the Principles or is subject to laws providing the same level of privacy protection as is required by the Principles and agrees in writing to provide an adequate level of privacy protection. FitRanking’s accountability for personal data that it receives in the United States under the Data Privacy Framework and subsequently transfers to a third party is described in the Data Privacy Frameworks program principles. In particular, FitRankings remains responsible and liable under the DPF Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless FitRankings proves that it is not responsible for the event giving rise to the damage.

5. Data Security. We shall take reasonable steps to protect the Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Our Company has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Data from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, our Company cannot guarantee the security of Personal Data on or transmitted via the Internet.

6. Data Integrity and Purpose Limitation. We shall only process Personal Data in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, our Company shall take reasonable steps to ensure that Personal Data is accurate, complete, current and reliable for its intended use.

7. Access. We acknowledge the right of individuals in the EU, UK, and Switzerland to access their Personal Data. We shall allow an individual access to their Personal Data and allow the individual to correct, amend or delete information that is inaccurate or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. Individuals may contact our Company at support@fitrankings.com to request to access, correct, amend or delete the Personal Data we hold about you.

8. Recourse, Enforcement and Liability. With respect to Personal Data received or transferred pursuant to the Data Privacy Frameworks, our Company is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

In compliance with the EU-US Data Privacy Framework Principles, FitRankings commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union and Swiss individuals with DPF inquiries or complaints should first contact:

FitChimp, Inc, dba FitRankings
701 Brazos St. Suite 1600

Austin, Texas 78701
E-mail: support@fitrankings.com

FitRankings has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2

C) Amendments

This Privacy Statement may be amended from time to time consistent with the requirements of the Data Privacy Frameworks. Any revised policy will be posted on this website.