Privacy Policy

Privacy Policy

Last Updated: March 19, 2019

Your privacy is very important to us. Our Privacy Policy explains what information we collect, how we use that information, and how to manage your privacy settings and your personal data. Please read below to see how FITIV collects and processes your personal data through our website and mobile apps. Please also read the Terms of Service, which outlines the terms and conditions of use for all FITIV website and apps.

Who we are

FITIV is headquartered in New Brunswick, Canada and our Services are provided to you by MotiFIT Fitness Inc. If you are a resident of the European Union (“EU”), MotiFIT Fitness Inc. is the controller of your personal data for the purposes of EU data protection law.

What personal information do we collect from the people that visit our blog, website or app?

In order to fulfil our obligations as outlined under the Terms of Service FITIV must collect some personal data from participating users. This includes data that directly or indirectly identifies you, including (but not limited to) your name, email address and Health Information directly required for the fulfilment of FITIV services.

FITIV collects data for workouts tracked using, or imported into, the FITIV app. This information is required in order for FITIV to provide workout analysis and associated services. FITIV collects data from any sensors connected to the FITIV app while in use.

FITIV may collect or infer health information including your heart rate, age, gender, weight, or other biometric indicators. You can withdraw your consent to FITIV processing your health information at any time by accessing your Health settings and revoking consent, or by deleting your FITIV workout data.

We gather personal data including your name and information from any photos, comments, or notes uploaded to FITIV.

We collect and process location information when you use location-dependent services. To record GPS-related workout information including route mapping, speed and direction information FITIV must collect the physical location of your device. While using FITIV location data may be collected while the app is in the background in order to fulfil workout tracking services.

We collect technical information about your device including log files and analytics when you access or use FITIV services.

FITIV allows you to sign up and log in to the FITIV apps using your Facebook account. You can generally control the information that we receive from Facebook from your Facebook privacy settings. FITIV collects account-related information from Facebook in order to secure your account and provide FITIV services.

Apple HealthKit

FITIV collects and displays information from Apple Health and the HealthKit API to help our users better understand and improve their health and fitness. You will be asked to give consent if FITIV requires access to specific health and fitness information from the Apple HealthKit API. Your consent to FITIV's access for each individual health and fitness metric can be granted or refused through the Apple Health app on your iOS Device. The health and fitness information gathered by FITIV from Apple's HealthKit API is not shared or sold to any third parties for any purposes including advertising or marketing.

When do we collect information?

We collect information from you when you register with our app, use our website, or use our app to track your workouts.

FITIV Community

FITIV collects some data when you engage in the FITIV Community in-app. This includes content submitted to the FITIV Community, Community usernames, interactions with Community content, profile photos, Community group content, and in-app ‘Friends’. By participating in the FITIV Community you authorize FITIV’s collection of this data as well as the public sharing of your data such as Calories Burned, Distance Run, Distance Bicycled, FITIV Points earned, workout time, etc.

This data is collected and shared in order to provide the Services associated with the FITIV Community. Because the FITIV Community is a public forum please exercise care in deciding what information and content you wish to share.

Enrolment in the FITIV Community is voluntary and can be revoked at any time. Community access must be specifically granted through the FITIV app.

How do we use your information?

FITIV uses the information we collect and receive to fulfil the obligations outlined under the Terms of Service. For example, we use heart rate data to provide detailed workout analysis including heart rate graphing and calorie burn information. FITIV uses the personal information collected in the following ways:

      To personalize the user's experience and to allow us to deliver the most accurate health and fitness analysis possible.

      To improve our website in order to better serve you.

      To allow us to better service you in responding to your customer service requests.

      To send periodic emails regarding your account details or other products and services.

     To backup and restore workout and health-related data associated with providing FITIV services.

FITIV will not use your Health Data for marketing or advertising purposes. In accordance with GDPR regulations all user data may be deleted from FITIV's records by a request sent to support@fitiv.com.

Third Party Business via API or Integrations

Information collected by third-party apps and services is subject to the terms and policies of those third-parties. FITIV is not responsible for the terms or policies of third-parties.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

We use an SSL certificate

      We only provide articles and information, we never ask for personal or private information like email addresses, or credit card numbers.

Do we use 'cookies'?

We do not use cookies for tracking purposes.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice.

This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

We do not include or offer third party products or services on our website.

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users.

We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

We have implemented the following:

      Demographics and Interests Reporting

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

California Consumer Privacy Act

If you are a California resident, you have certain rights regarding information that is treated as personal information under the CCPA. To learn more about your California privacy rights visit the Privacy Notice for California Residents.  

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy.

See more at: California Online Privacy Protection Act

According to CalOPPA we agree to the following:

Users can visit our site anonymously

Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy” and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

      On our Privacy Policy Page

Users are able to change their personal information:

      By emailing us

      By logging in to their account

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third party behavioral tracking?

It's also important to note that we do not allow third party behavioral tracking

GDPR Regulations

In accordance with GDPR FITIV recognizes the following rights for members of the European Union:

Right to Access – You can access information collected by FITIV by logging into your account. To access additional data please contact FITIV Support.

Breach Notification – In any case where a data breach is likely to result in a risk to the rights and freedom of individuals FITIV will notify users within 72 hours of having first become aware of the breach.

Right to be Forgotten – To erase all records of data associated with your use of FITIV please submit a request to FITIV support.

Data Portability – FITIV workout data can be accessed via your FITIV account and exported in CSV, GPX, and TCX file types. To inquire about additional data please contact FITIV support.

Right to Revoke Consent – You have the right to revoke consent to FITIV’s access to your personal information at any time. Permission to access your Apple Health information can be revoked at any time via the Health app. You can delete or correct personal data by logging into your account.

If you have any questions about data privacy or GDPR compliance, please contact support@fitiv.com.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email

      Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

      Send information, respond to inquiries, and/or other requests or questions.

To be in accordance with CANSPAM we agree to the following:

      NOT use false, or misleading subjects or email addresses

      Identify the message as an advertisement in some reasonable way

      Include the physical address of our business or site headquarters

      Monitor third party email marketing services for compliance, if one is used.

      Honor opt-out/unsubscribe requests quickly

      Allow users to unsubscribe by using the link at the bottom of each email

Contacting Us

If at any time you would like to unsubscribe from receiving future emails, you can Email us at support@fitiv.com and we will promptly remove you from ALL correspondence.

Privacy Policy Information

FITIV reserves the right to modify this Privacy Policy at any time. If FITIV makes changes to the Privacy Policy, we will provide prominent notice.

If there are any questions regarding this Privacy Policy, you may contact us using the information below.

FITIV
835 Champlain Street, Suite 200A
Dieppe, NB, Canada
E1A 1P6
support@fitiv.com
www.fitiv.com

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