PRIVACY POLICY

LAST REVISED: June 10, 2022

 

INTRODUCTION

At Make Fit Happen, Inc. your privacy is of the utmost importance to us, and because we are committed to protecting your privacy, we wanted to make sure that you understand how the information we collect about you is being used.  This privacy policy (“Policy”) explains how and for what purposes Make Fit Happen, Inc. (collectively “XUBIFIT”, “we”, “us” and “our”) and its affiliates collect, use, and discloses the personally identifiable information collected about you (collectively “you”, “your”, “yourself” and “user”) with respect to your access to and/or use of the mobile web application, iOS application, Android application, and the website located at www.XUBIFIT.com (“Site”).

 

We encourage You to review this Policy from time to time to make sure that You understand how any personally identifiable information You provide to us or collected about You will be used.  You may find that this Policy has been updated since a previous visit, by the date it was last updated above.

 

By using the Site and any services we offer via the Site, you are agreeing to be bound by this Policy with respect to the information collected about you via the Site. If you have any questions or comments about the policy or our use of your personal information, please contact us by emailing us at CustomerCare@XUBIFIT.com.

 

WHAT IS PERSONAL INFORMATION

As used in this Policy, the term "personally identifiable information" means information that specifically identifies an individual or information about that individual that is directly linked to information that specifically identifies an individual.

 

INFORMATION COLLECTION AND USE

When you visit, register, or use the Site or services on the Site, you may be asked to provide certain information about yourself.

In particular:

 

ALL

• When you fill in an online form to be contacted, we collect your full name, email address, and anything else you tell us pertaining to your specific request.
• When you request to chat with us, we collect your full name, email address, and anything else you tell us pertaining to your specific request.
• When you respond to our emails or surveys we collect your email address, name, and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call us.
• When you contact us by phone as someone doing business with us, we may collect additional information in order to verify your identity. As part of your business relationship with us, we may also receive financial and personal information about you, such as your date of birth and government identifiers associated with you and your organization (such as your social security number, tax number, or Employer Identification Number).
• You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program, or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details at trade shows or other events, or (vi) through signing up on the Site to receive additional information.

 

CONSUMER

• When you, as a consumer purchase any products or services from the Site, we collect your full name, email address, postal address, payment card number, CVC code, and expiration date.
  

 

FITNESS PROFESSIONAL

• When you, as a fitness professional register for online services, we collect your full name, email address, postal address, and account log-in credentials.
• When you, as a fitness professional purchase a membership/subscription, we collect your full name, email address, postal address, account log-in credentials, payment card number, CVC code, and expiration date.
• When you, as a fitness professional, utilize our App by employing the ‘Facebook Post’ link on your personal dashboard and follow said link to the destination URL, https://www.xubifit.com/facebook-posts, and from there click the account link under settings, https://www.xubifit.com/facebook-post/account you are effectively incorporating your Facebook account with our App.  Once set up, you will be granted the ability to easily create, schedule posts, and auto-post your creations or ours directly to your Facebook account.
• To delete this option and unsubscribe from our App, employ the ‘Facebook Post’ link on your personal dashboard and follow said link to the destination URL, https://www.xubifit.com/facebook-posts, and from there click the account link under settings [https://www.xubifit.com/facebook-post/account] and under the heading Social Platforms click the “garbage can” icon and you will have automatically deleted your Facebook connectivity with our App.
• If you have additional questions regarding our App, or how to set up and/or delete the App from your Facebook account, refer to the contact information at the bottom of this page.

 

INFORMATION THAT WE COLLECT AUTOMATICALLY ON OUR SITE

Our Site may automatically collect certain information through the use of "cookies" to enable us to better personalize your visit to the Site in order to function more effectively. Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us to improve the Site and your experience. If we link cookies to any personally identifiable information, we will treat this information as personally identifiable information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features or services made available via the Site. Your information will enable us to provide you with access to all parts of the Site and to supply the services and features that you have requested or services and features you may be interested in.  We may amass the information we collect about you to:

• Improve the features and services we offer.
• Assist fitness professionals with providing higher-quality services to you.
• Support our own marketing and promotion efforts.
• Support and improve our services and features.
• Respond to emails, questions, comments, requests, and complaints.
• Increase the Sites functionality and user-friendliness.
• To provide you with information about our third-party events, offers, promotions, and services.
• To send you confirmations, updates, security alerts, and corporate messages.
• To notify you of important updates and changes to the Site, products, and/or services.

 

We may also employ the use of anonymous identifiers, which are random strings of characters that are used for the same purposes as cookies on platforms, including certain mobile devices, where cookie technology is not available.  We may use Web beacons or similar technology on the Site. Web beacons are small, invisible graphic images that may be used on the Site or in emails relating to the Site to collect certain information and monitor user activity on the Site, such as to count visits.

 

These technologies record information about your use of our Site, including:

Browser and device data, such as IP address, device type, operating system, hardware and software versions, Internet browser type, plug-ins, add-ons, and the language version of the Sites you are visiting.  Usage data, such as time spent on the Site, pages visited, links clicked, language preferences, and the pages that led or referred You to our Site.  We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps, and other online features and services. We use Google Analytics on our Site to help us analyze your use of our Site and diagnose technical issues.

 

Furthermore, if you consented to being contacted, we may use your information to contact you for your views on our services. Where you have consented, we might also use your information to email you with details about any other products or services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please email us at CustomerCare@XUBIFIT.com and explain that you desire to opt out. The following features, by their nature, require and make use of personally identifiable information.

 

LINKS TO OTHER WEBSITES, SOCIAL MEDIA (FEATURES) AND WIDGETS

The Site may contain links to other websites.  Any personally identifiable information you provide on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. This Policy does not apply to such linked websites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other websites that are linked to/from the Site or services. We encourage you to learn about their privacy and security practices and policies before providing them with personally identifiable information.

 

HOW WE USE PERSONALLY IDENTIFIABLE INFORMATION

Our products and services.

We rely upon a number of legal foundations to ensure that our use of your personally identifiable information is compliant with applicable law. We use personally identifiable information to facilitate the business relationships we have with you and other users, potential business relationships we have with you and other users and to pursue our legitimate business interests.  Business relationships and interests may include but are not limited to us providing you products and services including providing you with access to fitness professionals via our internal search engine containing the fitness professional’s personal information or providing fitness professionals with your personal information.  We also use personally identifiable information to complete payment transactions.

 

MARKETING AND EVENTS-RELATED COMMUNICATIONS

We may send you email marketing communications about our products and services, the products and services provided by certain third parties including, but not limited to fitness professionals.  We may also send you emails to invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law. When we collect your contact details through our participation at trade shows or other events, we may use the information to follow up with you regarding an event, send you information that you have requested regarding our products and services, and with your permission, include you on our marketing information campaigns.

 

INTEREST-BASED ADVERTISING

When you visit our Site, both we and certain third parties collect information about your online activities over time and across different sites to provide you with advertising about products and services tailored to your individual interests (this type of advertising is called “interest-based advertising”). These third parties may place or recognize a unique cookie or other technology on your browser (including the use of pixel tags). Where required by applicable law, we will obtain Your consent prior to processing of your information for the purpose of interest-based advertising.

 

You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users based on a range of factors, including demographic data, users’ inferred interests, and browsing context (for example, the time and date of your visit to our Site, the pages that you viewed, and the links that you clicked on). This technology also helps us track the effectiveness of our marketing efforts and understand if you have seen one of our advertisements.  We work with Google AdWords, DoubleClick, AdRoll, and other advertising networks. To learn how to opt-out of behavioral advertising delivered by Network Advertising Initiative member companies, please visit the Network Advertising Initiative and Digital Advertising Alliance. You may download the AppChoices app to opt-out of mobile apps. If you opt-out from interest-based advertising, you may see advertising that is not relevant to you. At present, there is no industry standard for recognizing Do Not Track browser signals, so we do not respond to them.

 

HOW WE DISCLOSE PERSONAL DATA

We do not sell or rent personally identifiable information to marketers or unaffiliated third parties. We share your personally identifiable information with trusted entities, as outlined below. The following are examples where we may share personally identifiable information with such entities:

 

Us.  We share personally identifiable information with other XUBIFIT entities in order to provide our products and services and for internal administration purposes.  We are not responsible for the actions of other third parties, including, but not limited to fitness professionals, nor are we responsible for any additional information you provide directly to third parties, and we encourage you to become familiar with third-party privacy practices before disclosing information directly to any such third-parties. Nothing herein restricts the sharing of accumulated or anonymized information, which may be shared with third parties without your consent.

 

Fitness Professionals. We share personally identifiable information with fitness professionals which you have chosen to receive specific services from.

 

Service providers. We share personally identifiable information with a limited number of our service providers. We have service providers that provide services on Our behalf, such as identity verification services, website hosting, data analysis, information technology, related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access personally identifiable information to perform their services. We authorize such service providers to use or disclose the personally identifiable information only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of personally identifiable information they process on our behalf. Our service providers are predominantly located in the United States of America and the European Union. Examples of a service provider to whom we may disclose Personal Data for this purpose are Trainerize.

 

Business partners. We share personally identifiable information with third-party business partners when this is necessary to provide our Services to our Users.

 

Corporate transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties for the purpose of facilitating and completing the transaction.  We reserve the right to transfer information including personal data to a third party in connection with or during negotiations of, any merger, sale of company assets, financing or acquisition, liquidation, or in any other situation where personally identifiable information may be disclosed or transferred as one of the business assets of Make Fit Happen, Inc. or XUBIFIT provided that the third party agrees to adhere to the terms of this Privacy Statement and provided that the third party only uses your Personal Data for the purpose that you have provided it to us.

 

Compliance and harm prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety, and property of Make Fit Happen, Inc., you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

 

When doing so is reasonably necessary or appropriate to protect the rights, property, or safety of our company, our employees, our members, our users, copyright owners, third parties or the general public including, but not limited to, protecting all from fraudulent, abusive, inappropriate, or unlawful use of the Site

 

SECURITY, STORAGE AND TRANSFER OF INFORMATION

We follow strict security procedures to protect your personally identifiable information in an effort to prevent the loss, misuse, and unauthorized access, alteration, destruction, or disclosed to a third party without your permission (unless as outlined in the “Sharing Personally Identifiable Information” section above) and to prevent unauthorized access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. When working with third-party companies we will require them to have in place similar measures to protect your information. All of the information we collect, or record is restricted primarily to our offices in the United States of America, but some information may be stored on Cloud servers in other countries.  Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can guarantee against any interception or any other type of misuse. To assist with the protection of personally identifiable information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password.

 

USE BY MINORS

Our products and services are not directed to individuals under the age of eighteen (18), and we request that they not provide Personal Data through our Site(s) or other places where our products and services may be obtained.

 

UPDATES TO THIS PRIVACY POLICY AND NOTIFICATIONS

We may change this Privacy Policy from time to time to reflect new services, changes in our Personal Data practices, or relevant laws. The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Services. We may provide you with disclosures and alerts regarding the Privacy Policy or Personal Data collected by posting them on our Site(s) and, if you are a User, by contacting you through your email address.

 

LINKS TO OTHER WEBSITES

From our Site(s) we may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website, or the privacy practices of the operator of the website.

 

YOUR RIGHTS AND CHOICES

You have choices regarding our use and disclosure of your Personal Data:

·      Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.

·      Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:

o   The right to request confirmation of whether Make Fit Happen, Inc. processes Personal Data relating to you, and if so, to request a copy of that Personal Data;

o   The right to request that Make Fit Happen, Inc. rectifies or updates your Personal Data that is inaccurate, incomplete, or outdated;

o   The right to request that Make Fit Happen, Inc. erase your Personal Data in certain circumstances provided by law;

o   The right to request that Make Fit Happen, Inc. restrict the use of your Personal Data in certain circumstances, such as while Make Fit Happen, Inc. considers another request that you have submitted (including a request that Make Fit Happen, Inc. make an update to your Personal Data); and,

o   The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.

·       Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.

·      Process for exercising data protection rights. In order to exercise your data protection rights, you may contact Us. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.

·      To unsubscribe from our App, employ the ‘Facebook Post’ link within your personal dashboard and follow said link to the destination URL, https://www.xubifit.com/facebook-posts, and from there click the account link under settings, https://www.xubifit.com/facebook-post/account and under the heading Social Platforms click the garbage can icon and you will have automatically deleted your settings with our App.

 

For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches the email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.

 

If you are a Customer of a Fit Pro, please direct your requests directly to the Fit Pro. For example, if you are making, or have made, a purchase for a service from a fitness professional, and you have a request that is related to said service, then you should address your request directly to the fitness professional.

 

CONTACT US

If You have any questions or complaints about this Privacy Policy, please contact us electronically or send physical mail to:

 

Make Fit Happen, Inc.

12060 County Line Road

Suite J #255

Madison, Alabama 35756

Attention: MFH Legal