Last Revised: 1/30/2018
Fitscope provides an online marketplace through the Sites that connects independent health and fitness experts (collectively, “Pros”) who offer video consultations (each a “Session”) with clients who seek to schedule Sessions with Pros (“Clients”), a platform for Pros to list information about themselves and the Sessions they offer and for Clients to schedule and pay for Sessions, and other services offered by Fitscope through the Sites (collectively, the “Marketplace Services,” together with the Sites, the Content, as defined in the Terms of Service, and all features and functionality available through the Sites, the “Fitscope Platform”). When used herein, the term “user” or “users” refers to Clients, Pros, and any others that access, use or browse the Fitscope Platform.
2. Types of Information We Collect
3. How We Collect Information
4. How We Use Your Information
5. How We Respond to “Do Not Track” Signals
6. Communications with You
7. Information Sharing with Third Parties
9. Protection of Personally Identifiable Information
10. Updating Your Information
11. Notice of Privacy Rights of California Residents
2. TYPES OF INFORMATION WE COLLECT
We may collect personally identifiable information and non-personally identifiable information about you. Personally identifiable information refers to your name and contact information, and any other information that is maintained in a manner that links the information to your name or contact information. Non-personally identifiable information refers to information that does not personally identify you as the individual to whom the information relates, such as information that is aggregated by Fitscope or a third party, or information that is not linked to your name or contact information or other information that would identify you as the individual to whom the information relates.
We may collect information about you that you provide to us or the Fitscope Platform (e.g., information that you provide in connection with your registration for and use of the Fitscope Platform and information that you provide in connection with your interactions with Fitscope, Pros, Clients or other users of the Fitscope Platform). This may include information such as first and last name, email address, home address, username and password, information regarding the Sessions that you schedule, information that you provide relating to participants of any Sessions, billing information, credit card or debit card information, bank account and routing numbers, dates of birth, transaction history, Session history, your profile for your account, information about your Session or Session preferences, the location where you choose to have your Sessions, your User Content, defined below, and other non-public information that you may provide. Pros may provide Fitscope with additional personally identifiable information such as years of experience, social security number, availability for Sessions, and additional information about the Session.
We also may automatically collect certain information about your computer or device hardware and software and your use of the Fitscope Platform. This may include information such as your IP address(es), usage statistics, browsing and navigational history when accessing or using the Fitscope Platform, content you access, view, click on or search for when using the Fitscope Platform and the length of time for which you view same, general geographic location such as the city from which your computer or device is connecting to the Internet, precise geographic location of your device if you are using a mobile app, webpages requested and visited, timestamps, cursor navigation, sites you visit prior to and after accessing the Fitscope Platform, type of computer or device from which you access the Fitscope Platform, type of operating system you use on your computer (e.g., Microsoft Windows or Mac OS) or device (e.g., iOS or Android) to access the Fitscope Platform, the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), the domain name of your internet service provider, as well as other information regarding your sharing of content.
In addition, we may collect information regarding your Internet location if and when you see Fitscope ads and whether you click on such ad, and information regarding your age, gender, zip code, occupation, preferences, interests, favorites, survey responses, whether a third party has accepted your invitation for them to split fees for a Session with you, and other public or non-public information about you that we may acquire through the collection methods described below.
To the extent that any of the above information is maintained, used or shared by Fitscope in a manner that associates it with your name, contact information or other personally identifiable information, it will be treated as personally identifiable information; otherwise, such information will be treated as non-personally identifiable information.
3. HOW WE COLLECT INFORMATION
We may collect personally identifiable and/or non-personally identifiable information about you during your online and offline interactions with Fitscope and the Fitscope Platform, such as when you:
• Access, use or browse the Fitscope Platform;
• Register for a Fitscope account through the Fitscope Platform, modify your account information and create or modify your account profile;
• Schedule a Session;
• Sign up to receive announcements, emails or newsletters;
• Contact, communicate with or otherwise interact with Fitscope or its personnel via email, the Fitscope Platform, fax, telephone, or by other means whether online or offline;
• Contact, communicate with or otherwise interact with Clients, Pros, or other users of the Fitscope Platform;
• Order or request products, literature, services or other information during your use of the Fitscope Platform, via email, fax or other online or offline means;
• Submit, post or transmit any User Content;
• Apply for a job at Fitscope; or
• Register, enroll or participate in any surveys, questionnaires, promotions, or any other services, events or activities online or offline sponsored by Fitscope or third parties, or offered in connection with the Fitscope Platform (“Activities”).
We may obtain personally identifiable and/or non-personally identifiable information from third parties such as the owners or operators of the websites or applications where our advertisements appear (some of which may partner with Fitscope or with an advertisement network used by Fitscope), our service providers, affiliates, suppliers, vendors, distributors, other users of our Fitscope Platform (e.g., Pros or Clients), Activities partners and sponsors, and other sources (e.g., offline records or publicly available information). Pros that you schedule Sessions with may also have the ability to record information about you or information relating to your Session through the Fitscope Platform, and to share that information with you. Non-personally identifiable information also may be obtained by these other sources from inferences based upon the sites you visit; third party data; information you share on other sites, social media platforms and applications; or demographics derived from profiles or accounts that you create. We may combine personally identifiable information we collect with information that we obtain from these sources. We will treat any such combined information as personally identifiable information.
Fitscope automatically receives and records non-personally identifiable information on our server logs from your browser as well as through other analysis of the Fitscope Platform. We also may collect information using cookies, web beacons, pixels, gifs, tags or similar technologies (“Collection Technology”), or through third parties using similar technologies. Collection Technology may operate as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. When you access or use the Fitscope Platform, your web browser may use Collection Technology to better enable you to navigate the Fitscope Platform during your visit and upon your return. You may use the Fitscope Platform even if you choose to reject or delete certain Collection Technology. Collection Technology also may be used by other websites for which a link is placed on the Fitscope Platform. If you are logged in to your Fitscope account certain information regarding your use of the Fitscope Platform that would not otherwise be personally identifiable may become personally identifiable.
“Demographics and Interest Reporting” to analyze information regarding the interests and demographics of users of the Fitscope Platform. We use such non-personally identifiable information in the same manner as we use other non-personally identifiable information as described below. “Remarketing with Google Analytics” to place ads on other sites directed to people who have accessed the Fitscope Platform. “Google Display Network Impression Reporting” to report how people’s interactions with our ads relate to their visits to the Fitscope Platform. Integrated services that require Google Analytics to collect data via advertising cookies and identifiers.
4. HOW WE USE YOUR INFORMATION
We may use the information we collect:
To process and respond to your requests and inquiries and provide services to you;
To process your scheduled Sessions and relay information sent between users of the Fitscope Platform;
To alert you to new developments, features, terms, products, services or promotions, specials, special events, or other Activities and to plan and administer same;
To send you announcements, promotions, and newsletters, and to personalize same;
To monitor and analyze information regarding your browsing and viewing preferences and to diagnose problems with the Fitscope Platform;
To carry out internal operations and to analyze our users’ demographics, interests and purchasing practices;
To administer and process payments;
To inform Pros of a future Session of the Client’s Session preferences, Session experiences and past Pros’ observations;
For administration and improvement of the Fitscope Platform and to enhance the user experience and Fitscope’s services;
To promote, develop, deliver, and improve our services, products, content, and advertising; To send important notices, such as communications about scheduled Sessions and other transactions through the Fitscope Platform and changes to our terms, conditions, and policies; For the purposes for which you provided the information; For fraud prevention, legal compliance, and other public and security related purposes; To enforce the Terms of Service and any supplemental terms and/or policies of Fitscope; and To alert you to other useful information regarding any of the foregoing or Fitscope via email, direct mail, telephone or other means.
In addition to the uses discussed above, Fitscope may use non-personally identifiable information in any manner in its de-identified or aggregated form. These uses may include, without limitation, analysis of website trends and how the Fitscope Platform are used; improving navigation of the Fitscope Platform; analysis of the performance of the Fitscope Platform and diagnosis of problems; analysis and developing advertisements and advertising campaigns; and providing you with special offers and promotions and determining the effectiveness of same.
Fitscope also may use your non-personally identifiable information to present you with targeted content and advertisements (including on third party websites and applications). Such targeted content and advertisements may include marketing for the Fitscope Platform, the products or services of Fitscope or its business and advertising partners, and Activities. Your non-personally identifiable information also may be used to optimize and determine the effectiveness of content and advertisements, and to analyze interactions with content and advertisements.
Some of Fitscope’s third party partners may participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising or the Network Advertising Initiative Consumer Opt-Out, which allow consumers to opt-out of targeted advertising based on web activity tracking. For more information regarding the foregoing, please visit www.aboutads.info/choices/ and www.networkadvertising.org/choices/#completed. Please note that even if Fitscope’s third party partners participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising or the Network Advertising Initiative Consumer Opt-Out, if you opt out of targeted advertising based on web activity tracking, you still may receive standard advertisements from us and targeted advertisements from third parties after clicking the link and following the instructions provided therein. You may need to re-click the links and follow the instructions provided again if you delete cookies or other Collection Technology or use a different computer, device or browser.
5. HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
Fitscope does not alter the practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, Fitscope reserves the right to do so in the future without notice to you.
6. COMMUNICATIONS WITH YOU
You authorize Fitscope to transmit email or postal mail to you, text you, or to telephone you. If we send any emails to promote our services, unsubscribe instructions will be included in each such promotional email from Fitscope to the extent required by law. Please note that unsubscribe requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your dealings with Fitscope, Scheduled Sessions, the Fitscope Platform or technical information about the Fitscope Platform.
CLIENTS WHO BOOK A SESSION AUTHORIZE THE PRO FOR THE SESSION TO CONTACT THE CLIENT ABOUT THE SESSION BY EMAIL, POSTAL MAIL, TEXT AND TELEPHONE. PROS WHO ACCEPT A SESSION, AUTHORIZE THE CLIENT WHO BOOKED THE SESSION OR THE OTHER SESSION PARTICPANTS TO CONTACT THE SESSION ABOUT THE SESSION BY EMAIL, POSTAL MAIL, TEXT AND TELEPHONE.
7. INFORMATION SHARING WITH THIRD PARTIES
Fitscope may disclose the information it collects to third parties, including (i) to merchants and vendors engaged for the purpose of managing, administering or executing an Activity; (ii) for purposes of outsourcing one or more of Fitscope’s functions to service providers who work on behalf of or with Fitscope, including, without limitation, agents, vendors, software licensors, merchants, advertisers, consultants and affiliates; (iii) to confirm or update information provided by you; (iv) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Fitscope’s business or operations (including, without limitation, in connection with bankruptcy or any similar proceedings); (v) to its business partners and co-sponsors of Activities or partners for our and their internal purposes; or (vi) as otherwise authorized or permitted by you.
Fitscope will not share your health or financial information with third parties for their direct marketing purposes, unless you provide your affirmative consent for Fitscope to share such information. Fitscope may share all other personally identifiable information it collects with Fitscope’s business partners, vendors or other third parties for their direct marketing purposes.
If you are a Client and submit, transmit, post or select information relating to a Session or your Session preferences through the Fitscope Platform or other interaction with Fitscope, such information may be shared with Pros (“Session Preferences”). Information regarding Client’s past Sessions and information from Client’s profile may also be available to the Session you schedule a Session with and the Pros of your future Sessions. Pros’ availability, Sessions offered and other Session information may also be available to users of the Fitscope Platform.
We also may share your information in response to a subpoena, legal order or official request, when we believe you have acted in violation of the Terms of Services or supplemental terms and/or policies of Fitscope, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or to exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety of Fitscope or others, or as otherwise permitted or required by law.
Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with third parties, advertisers and/or business partners to analyze the Fitscope Platform’s usage or demographics, or improve our content or services, improve our user experience, or for similar purposes. When sharing non-personally identifiable in such a manner we will ask our contracting parties to agree to keep the data in its de-identified form.
The Fitscope Platform also may contain plugins for social media websites, such as Facebook, Twitter, and LinkedIn. We recommend reviewing the privacy policies with respect to the plugins for each of these websites, prior to clicking on such plugins.
From time to time, portions of the Fitscope Platform may include features that enable you to send information, materials, emails, and other types of messages or notices to Fitscope or to others users of the Fitscope Platform, create a profile in connection with your account accessible to other users of the Fitscope Platform or the public, submit reviews, opinions, biographical information and other content that others may be able to access or view, or to make other information, materials or submissions available on or through the Fitscope Platform (“User Content”). Although we are under no obligation to do so, we have the right to review any and all User Content, for any purpose, including, without limitation,to enforce our Terms of Service and or supplemental terms and/or policies of Fitscope. Also, remember that some types of User Content are open to other users of the Fitscope Platform or the public, and, therefore, may be seen by anyone, may be indexable by search engines, are not protected by us or any other entity, and may be collected and used by others. Please use your discretion when deciding whether and what to transmit, submit or post through the Fitscope Platform and whom to contact and message.
9. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION
Fitscope uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of personally identifiable information. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Fitscope to intercept or access transmissions or private communications unlawfully. While we strive to protect personally identifiable information, neither Fitscope nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk. By using the Fitscope Platform, or by submitting your personally identifiable information to Fitscope online or offline, you expressly consent to the storage and processing of your personally identifiable information in the United States or other jurisdictions, in accordance with applicable laws in those jurisdictions.
10. UPDATING YOUR INFORMATION
You are responsible for keeping your information current. You may update your information through your account or by contacting us at firstname.lastname@example.org. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Fitscope’s internal reporting, processing and retention policies and all applicable legal obligations.
11. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident and have provided personally-identifiable information to Fitscope, you may be entitled by law to request certain information regarding disclosures of personally-identifiable information that may have been made by Fitscope to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year (“Disclosure Request”). To make such a Disclosure Request, please send an email to contact@Fitscope.com . In the Disclosure Request, specify that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. Fitscope is not required to respond to more than one Disclosure Request per customer each year, or to respond to requests made by means other than through the contact information designated above for such purposes.