dotFIT – Privacy Policy

Revised: January 31, 2022

Effective: February 28, 2022

THIS PRIVACY POLICY DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION OR TO REPLACE YOUR HEALTHCARE PROFESSIONAL. CONSULT WITH YOUR HEALTHCARE PROFESSIONAL TO DESIGN AN APPROPRIATE EXERCISE PRESCRIPTION OR BEFORE BEGINNING ANY SUPPLEMENT, NUTRITION OR EXERCISE PROGRAM AND/OR IF YOU ARE TAKING ANY OVER-THE-COUNTER OR PRESCRIPTION MEDICATIONS.

This Privacy Policy describes what personal and other information dotFIT, LLC (“dotFIT” or “we” or “us”) gathers from you, how this information is used and protected, and what choices you have about how your information when you access and use our website, mobile applications, online programs and associated services at dotfit.com (collectively, the “Website”) for consumers and fitness professionals to purchase fitness and nutritional products and to subscribe to nutritional and educational programs to achieve and maintain a healthier lifestyle. This Privacy Policy applies only to information collected by dotFIT as described in this policy.

This Privacy Policy is incorporated into and subject to our Terms & Conditions of Use https://www.dotfit.com/terms (“Terms & Conditions”). By using the Website, you agree, without limitation or qualification, to be bound by this Privacy Policy. If you do not agree to the terms in this policy, please do not access our Website.

We at dotFIT are committed to creating a safe and secure user experience. If you have any questions about our privacy & security policy, please email us at privacy@dotFIT.com or call us at 1-877-436-8348 8:00 AM - 5:00 PM Pacific Time, Mon-Fri.

Personal Information We Collect

Information We Collect Automatically -- To maintain and improve the Website, we also automatically gather some statistical data when you visit. The exact information we collect may vary but can include the date and time of access to the Website, the Internet Protocol (IP) address of a computer requesting a page, the pages requested, computer and connection information such as device and browser type and operating system. We also may collect information about your mobile device and internet connection, including the device's unique device identifier or MAC address, IP address, operating system, web browser type, mobile network information, and the device's telephone number. We do not associate this statistical information with your personally identifiable information that we otherwise collect. We may use third party analytics providers to help us understand and use this statistical data.

Account Creation, Subscriptions and Order Fulfillment - In order to buy products available on the Website and/or subscription to certain dotFIT.com’s programs, you must create an account on the Website. In order to do so, we collect your first and last name, email address and mailing address to open an account. You also will be asked to choose a unique username and password to access your account and make purchases online. When you make a purchase, we also request your daytime phone number, shipping address, and financial information (credit card type, number, expiration date and billing address) to complete and ship your order to you. We use this information only to complete the transaction, to provide you with an order history and to facilitate future orders. We may also use information about the transaction for aggregate reporting (where we summarize the data in a report that does not contain your personal information). If you are a Licensee seeking to make purchases online, we may also ask for identifying information that will enable us to process your orders.

All payments are processed by a third-party payment processor. We do not collect or have access to your payment information. The collection and treatment of your personal information by these payment processors is governed by their privacy policies.

Individualized Programs – We offer individualized programs via the Website to our users to, for example, help them reach their nutritional and fitness goals. Users will be asked to complete questionnaires regarding their medical history and physical activity readiness, which responses will be used by dotFIT to generate an individualized program for the user with recommended supplements and nutritional products based on their goals and completed questionnaires. These questionnaires include personal information, including personal medical and health information.

dotFIT “Elite” Program – Professional trainers may participate in a program by which they earn a commission on dotFIT products they recommend and sell to clients, family and friends. We collect certain personal information regarding these “Elite” trainers, including their contact information and their Social Security Number (which is stored in an encrypted database) to process payment of any earned commissions.

Accessing the Website -- In order to obtain access to certain portions of the Website, we may ask you to provide certain personal information to enable us to distinguish you from other users. Certain other areas of the site may ask for additional information on your habits or health to provide a requested product or service.

How We Use Information We Collect

Personal and other information we collect from you may be used in one of the following ways:

  • To provide you with products or services you request;
  • To process transactions between you and us;
  • To personalize your experience (information about you helps us to better respond to your individual needs);
  • To improve our Website, products and services (we continually strive to improve our website offerings based on the information and feedback we receive from you);
  • To improve customer service (information about you helps us to more effectively respond to your customer service requests and support needs);
  • To administer a contest, promotion, survey or other Website feature; and
  • To market our products and services. We may use information about you to provide you with materials about offers, products, and services from us that may be of interest. We may provide you with these materials by phone, postal mail, text, email or other means, as permitted by applicable law.

  • Other uses include:

    • To tailor content, advertisements, and offers;
    • To notify you about offers, products, and services that may be of interest to you;
    • To develop and provide products or services to you and our partners;
    • For other purposes disclosed at the time information is collected; or
    • Otherwise with your consent.

    We also aggregate information supplied by users during registration and information about their use of dotFIT.com to maintain our services and describe our user base to potential partners, investors and advertisers. In providing this aggregated data about our community of users, however, we do not reveal any user's personal information.

    How We Disclose the Information We Collect

    We do not share, transfer or otherwise disclose your personal information to parties except as described below or otherwise with your prior consent:

    • With authorized service providers for business purposes. These trusted third parties who assist us in operating our Website, conducting our business, or servicing you, include: (i) payment processors; (ii) data analytics vendors; (iii) security vendors; (iv) website hosting vendors; (v) email marketing providers; and (vi) professional advisors (e.g., auditors, law firms, or accounting firms). These service providers receiving this information assist us with many different functions and tasks, such as: (i) processing and fulfilling orders and returns; (ii) providing customer service and customer relationship management services; (iii) providing data storage and disaster recovery services; (iv) processing payments; (v) communicating with you; (vi) securing our Website and services and preventing fraud; (viii) running analytics and better understanding user interaction with the services; and (ix) promoting our products and services. We will provide these service providers with only the information necessary to perform their functions and will not allow them to use that information for any other purposes. These companies are contractually obligated to protect the security of personal information we share.
    • For legal reasons and to protect our or others’ rights, property, or safety. We may also share information about you in response to a legal obligation or when we believe that it is necessary to share information about you to (i) comply with the law, or any obligations thereunder (e.g., cooperation with law enforcement, judicial orders, and regulatory inquiries), (ii) enforce site policies, (iii) protect our or others’ rights, property, or safety, or (iv) exercise or defend legal claims.
    • In connection with an asset sale, merger, bankruptcy, or other business transaction. We may share information about you while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.
    • To ensure the safety and security of dotFIT, our Website, our users and other third parties.
    • When you request us to share certain information with third parties, such as with your health club and/or trainer. We may offer users the opportunity to participate in partnerships we may have with other businesses. If you choose to participate in one of these partnerships (for example, providing your consent during the registration process), we may share with our partner the personal information it needs to offer its product or services to you. In such cases we'll post clear notices to identify the partner. You are advised to review their privacy practices before agreeing to participate. If you're not comfortable with their privacy practices or for any other reason, you'll always have the choice not to use those features or services. dotFIT is not responsible for the privacy practices of these partner companies. At their election, users and authorized trainers are able to sync third party data (calories burned, activity, food log) on Apple Health Data, Fitbit, Garmin, Polar, Netpulse, etc., into their individualized dotFIT program.

    Cookies

    A cookie is a piece of data stored on your computer’s hard drive that contains information about you and your computer. We use cookies, for example, to look up your member information and sign you in to a specific service. While you use the Website, the cookie stores your member ID so you don't have to log on more than once during a session thereby saving time while on the Website. Once you log out or close the browser, the cookie is deleted from your computer. The cookies used on the Website do not contain any identification that would be useful to another individual or organization.

    The following is a description of the types of cookies used on the Website:

    • Strictly Necessary Cookies: These cookies are strictly necessary to provide the Website. For example, they are used to authenticate and identify returning users. You cannot opt out of these cookies.
    • Performance and Functionality Cookies: These cookies provide statistical information on site usage, such as web analytics. They also help us to personalize and enhance your online experience.
    • Advertising Cookies: These cookies are used to create profiles or personalize content to serve you interest-based advertisements that we think are most relevant to you. These cookies and resettable device identifiers use information about your use of this and other Website and apps, your response to ads and emails, and to deliver ads that are more relevant to you.
    • Some of these cookies may be active only during the time you are viewing a website (“session cookies”). Other cookies may remain on your computer after you have closed your browser or turned off your computer (“persistent cookies”). However, we do not use tracking cookies on other websites.

      If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser (go to the “Cookies Preferences” link in your browser). You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org. If you choose to disable cookies or opt out, please note that you may not be able to sign in or use some of the features offered on the Website or your online experience will not be as smooth as otherwise possible.

      This Privacy Policy does not cover the use of cookies used by third parties, and we are not responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Website.

    Online Advertising

    Online advertisers may download cookies onto your compute or other device, or use other technology like web beacons, to enable them to recognize your computer or other device each time they send you an advertisement, even when you are visiting another website. As a result, the advertiser would have the ability to deliver interest-based advertisements that they believe would be of most interest to you. We do not have access to or control of the cookies that may be placed on your computer by third-party advertisers. Note, however, that the Website does not include any third-party advertising.

    In some instances, you can opt-out of receiving interest-based online ads from us, third party advertisers and ad networks. Advertisers and ad networks that are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising provide opt-out choices at the following Website:

    • NAI Website: (https://optout.networkadvertising.org/?c=1)
    • DAA Website (https://optout.aboutads.info/?c=2&lang=EN)

    Be advised that these opt-out tools are provided by third parties and may not be available with respect to all interest-based advertising that is presented to you. We do not control or operate these tools or the choices that advertisers and others provide through these tools. Even if you opt out of receiving interest-based advertising, you may still receive generic ads.

    Also, we may use web beacons, pixel tags, log files, or other technologies to automatically collect certain information when you use our services or interact with our emails and online or mobile advertisements. At this time, however, we do not otherwise engage in interest-based online advertising.

    Google Analytics

    We use Google Analytics to collect information regarding usage of the Website and help us to manage and improve it. Google provides a Browser Add-On that allows you to opt-out by downloading and installing the add-on for your web browser, available at https://tools.google.com/dlpage/gaoptout.

    Accessing Your Personal Information

    We will make reasonable efforts to ensure your personal information is accurate and complete and we will update or correct your information as needed when notified by you. If you would like to request access to your personal information, request to verify your personal information, confirm the accuracy of our personal information, or change your personal information in any way, please contact us at: privacy@dotFIT.com. You can also request that we delete your personal information. However, deleting your information may result in your not being able to access some or all of our services.

    Security and Retention

    dotFIT has implemented commercially reasonable precautions to protect users’ personal information. When users submit information via the Website, your information is protected both online and offline. We use industry standard practices to protect your information, such as encryption, firewalls and other technologies. We use a third-party cloud provider to host the Website, which they maintain in a secure environment. Also, we have implemented SSL (Secure Sockets Layer) encryption technology to further protect any sensitive personal information you provide (including personal medical and health information) and your interactions with the Website and regularly test our security.

    Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any personal or other information you send us through any means is transmitted at your own risk.

    The Website and our databases are maintained in a secure environment on servers hosted by a third-party cloud provider. Thesese servers use cookies to send information between your computer and the dotFIT system but do not contain any personal data, other than your username.

    Account holders are advised not to share your account login information or password with anyone. We cannot be responsible for a data breach or other incident if your password is used by unauthorized persons.

    We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria we use to determine our retention periods include:

    • The length of time we have an ongoing relationship with you and provide the requested services to you (for example, for as long as you have an account with us or keep using our Website);
    • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
    • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

    Located in United States

    dotFIT and our Website are located and hosted in the United States (US) and governed by US law. If you are outside the United States when you visit the Website or engage in communications with us via mail, email or telephone, please be aware that your personal information may be transferred to, stored, and processed in the United States. Any information you provide to us, or that we collect through your use of the Website and will be stored, processed, and transferred within, or to, the United States. Please be aware that the United States and jurisdictions other than the one in which you are located may not provide the same level of data protection as considered adequate in your country. Note also that your personal information may be available to the US Government or its agencies under legal process in the United States.

    Canada Privacy Rights

    For visitors or users of the Website in Canada, we take appropriate steps to comply with applicable Canadian data privacy requirements, including the Anti-Spam Legislation (CASL) and the Personal information Protection and Electronic Documents Act (PIPEDA). Note, however, personal information stored or processed outside of Canada, including in the US or another foreign country, may not be subject to the PIPEDA. In addition, personal information stored or processed outside of Canada is subject to the laws of that other country and may be available to the foreign government of the country in which the personal information or the entity controlling it is located pursuant to a lawful order in that jurisdiction. This Privacy Policy is intended to provide the required notices regarding our collection and use of personal information, including transfer to the United States.

    You may request to access, correct, or delete your personal information, or withdraw consent to our collection, use or disclosure of your personal information, by contacting us at: privacy@dotFIT.com. These rights are subject to applicable contractual and legal restrictions and reasonable notice. We may take reasonable steps to verify your identity before honoring any such requests.

    California Privacy Rights

    For California residents under the age of 18 and registered users of the Website, California law (Business and Professionals Code § 22581) provides that you can request the removal of content or information you posted on the Website. Any such request should be sent to us at either email at: privacy@dotFIT.com along with a description of the posted content or other information to be removed. Be advised, however, that applicable law may not permit us to completely or comprehensively remove your deleted content or for other reasons as set forth in California law.

    Pursuant to California’s “Shine The Light law (California Statute § 1798.983), California residents are entitled, once a year and free of charge, to request the disclosure of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year, if any. You may request this information by contacting us at privacy@dotFIT.com and indicate in the email subject line, “California Shine The Light Request.” Please include your mailing address, state of residence and email address with your request.

    We do not sell your personal information to third parties.

    Your Choices and Rights

    You can always contact us in order to (1) update or correct your personal information, or (2) change your preferences with respect to communications and other information you receive from us by sending an email to privacy@dotFIT.com. Such updates, corrections, changes, and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change, or deletion.

    However, it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all personally identifiable information, corrected, changed, or deleted, as appropriate, as soon as reasonably practicable.

    Account holders can access and update their personal information from within their account and on their profile. You can also delete your account from your profile.

    Subject to applicable law, an individual has the right to request from us a copy of what personal information, that we have collected or to ask to correct or update their it. Individuals can also request that we delete their personally identifiable information from our systems and records. We strive to respond to these requests with 30 days or as required in accordance with applicable law.

    Whenever you directly provide us with your personal information, please be sure it is accurate and complete. We cannot be responsible for any information you provide to us that is incomplete or incorrect. We will not collect, use, or disclose your personal information in any ways or for any purposes that are materially different from those set forth herein. However, if we wish to do so in the future, we will obtain your consent first, and offer you the choice to opt-out of such proposed collection, use, or disclosure.

    If we send you promotional or marketing messages or online advertisements, such as to an email you provide when you register and open an account or through our mobile application, you will be able to opt out of receiving our marketing or promotional email communications by using the “Unsubscribe” feature at the bottom of each email from us or by requesting to opt out by emailing us at privacy@dotFIT.com. Please note that you cannot opt out of receiving transactional communications from us regarding services you request, your account with us or other transactional or administrative issues.

    Website Traffic Data

    We use traffic data software on our servers to analyze trends and gather broad demographic information for aggregate use. This information is not linked to personal information and does not reveal your identity.

    Do Not Track

    Some web browsers and devices allow you to broadcast a preference that your activities online not be “tracked.” The Website currently does not honor “do not track” signals.

    No Rights of Third Parties

    This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.

    Children

    You must be 18 years or older to open an account to make purchases and register as a member and otherwise access and use the services offered on or through the Website or do so with your parents’ or guardians’ permission. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITE. We do not knowingly collect personal or other information from persons under 13 years of age. If you are under 13, you should not provide your personal information to us. If you believe that we might have any personal information from a child under 13, please contact us at the details as provided below so that we may delete it.

    Links

    The Website may contain links to third-party websites. dotFIT is not responsible for the privacy practices of such other websites. We encourage you to read the privacy statements of each website that you visit. This Privacy Policy applies solely to information collected by dotFIT as described in this policy.

    Policy Changes

    If we change this privacy policy in any material way, we will notify you at least thirty days in advance by posting a notice of the change prominently on our websites or notify our account holders via email. Changes will not be applied retroactively to information obtained under a previous policy without your express consent.

    Questions about this Policy

    If you have any questions about this privacy policy or other privacy questions about us, please email us at privacy@dotFIT.com, or call us at 1-877-436-8348 or write to us at:

    dotFIT, LLC
    32107 Lindero Canyon Road, Suite 233
    Westlake Village, CA 91361 USA

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