Privacy Policy

FIT PRO TRACKER, INC PRIVACY NOTICE

Last Updated: July 2024

This Privacy Notice (“Privacy Notice” or “Notice”) lets you know how FIT PRO TRACKER, INC (“Fit Pro Tracker”, “FPT”, “We”, “Us”) collects and uses your Personal Information, how you can control its use, and describes our practices regarding information collected from the FPT website, computer or SaaS software applications, social media pages, and HTML-formatted email messages (collectively, the “Services”).

This Privacy Notice applies to the website and all Services offered by FPT.

We know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Notice. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Notice, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of FPT’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Notice, and the Record Retention Notice. Any terms we use in this Notice without defining them have the definitions given to them in the Terms of Service.

The Services may provide links to or the ability to connect with non-FPT websites, services, social networks, or applications. Clicking on those links or enabling those connections might allow the third party to collect or share information about you. Those third-party websites or services are beyond FPT’s control. FPT advises you to check the privacy policies and terms of use of any non-FPT websites or services before providing any of your Personal Information to them.

As noted in the Terms of Service, we do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from anyone under age 18, we will delete that information as quickly as possible. If you believe that anyone under the age of 18 may have provided us personal information, please contact us at [email protected].

1. WILL FPT EVER CHANGE THIS PRIVACY NOTICE?

We reserve the right, at any time and without notice to you, to add to, change, update, or modify this Privacy Notice. If we decide to change our Notice, we will post a new notice on our website and change the date at the top of the Notice. Any change, update, or modification will be effective immediately upon posting on our Site and will apply to any Personal Information provided to us on and after that date. Your continued use of the Site or Services after we make changes is deemed to be acceptance of those changes, so please check the Notice periodically for updates.

2. WHAT DOES FPT DO WITH YOUR INFORMATION?

We want to be very clear about the type of information we collect and how we use it to deliver our Services to you and operate our business. We do not sell or share your Personal Information with third parties for their own commercial uses without your consent.

a) What Types of Information Do We Collect?

In connection with accessing our Services, we may collect information from you (if you voluntarily provide) which can be used to identify you (“Personal Information”), such as your name, shipping/billing address, email address, phone, payment methods, username, and password.

We collect information when you register or open an account, sign in, pay a bill, purchase a Service, call us for support, or give us any type of feedback. We may also get information from other companies or third parties, or when we may use service providers to supplement the Personal Information you give us such as validating your mailing address to help us maintain the accuracy of your data and provide you with better service. We might also collect content or other information that you may provide or create when you interact with our Services.

We may also automatically collect certain usage information when you access our Services (“Usage Data”), such as Internet Protocol address (“IP address”) and information derived from your IP address such as your geographic location, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. We collect IP addresses to track and aggregate non-personal information, such as using IP addresses to monitor the regions from which users navigate to our Services. We also collect IP addresses from users when they log into the Services as part of our log-in and security features. We may also, when you enable location-based Services, collect Global Positioning System (GPS) location data and/or motion data. We may also collect past transactional behavior conducted by You on the Services, Information about your company such as the name, size and location of your company and your role within the company, and behavioral or demographic attributes, when tied to personal identifiers.

FPT may also collect additional information through your dealings with and use of the Services and non-FPT websites, which does not disclose your specific identity or does not directly relate to an individual. Additional information may include, but is not limited to:

• Information derived from your IP address such as your geographic location;
• Geographic location showing where You are using the Services;
• Information about your devices such as information contained in HTTP Headers (defined below) or other internet transfer protocol signals, browser or device type and version; operating system, user-agent strings, and information about or from the presence or use of “apps” on your mobile devices, screen resolution, and your preferred language;
• Unique IDs such as a cookie placed on your computer, mobile or device IDs;
• Behavioral data and information about your usage of the Services, including webpages clicked, websites and content areas visited, date and time of activities;
• The web search you undertook to locate and navigate to the Services.

We might also may put together additional information with Personal Information, such as gathering geographical location from your IP address and combining all of this with behavioral data about your usage of the Services with your name. If we combine additional information with personal Information, we will treat the combined information as Personal Information.

We might also collect personal information from you if you log into our Services using a third-party social network such as Facebook.

Our Services may change over time and we may introduce new features that may collect new or different types of information.

We may collect information that identifies you personally when you submit comments, questions, or suggestions to us or to the Services using the Contact Us form, posting comments on the Blog, or by email, including attached files in an email sent to us. Any comments and any emails we receive from you are subject to the terms of this Privacy Notice.

b) How does FPT Use Your Information?

FPT may use your Personal Information it collects (unless otherwise prohibited by applicable law), for the following purposes:

• Account Registration. We may use your name, address, phone number, and email address to register your FPT Account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information.
• To bill and collect money owed to us by our Customers. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.
• To share billing and payment information with third-party payment processors, such as your franchisor. This information may be used for the billing practices of such third-party payment processors.
• To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as scheduled outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Notice.
• To enforce compliance with our Terms and Conditions, Terms of Service, Data Retention Policy, and applicable law. This may include developing tools and algorithms that help us prevent violations.
• To protect the rights and safety of our Employees, Customers and third parties, as well as our own.
• To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms which includes responding to lawful requests by public authorities, including to meet national security or law enforcement requirements.
• To communicate with our Customers about their account and provide customer support.
• To let You know about other Services. We may use your information to communicate with you about our Services and to give you offers for third-party products and services that may be of use to you.
• To improve Services and develop new Services. We may use your information to personalize or customize your experience on our site, develop new features or services, and to improve the overall quality of FPT’s Services.
• To provide feedback. We may use any information you volunteer provide to us in surveys you answer and combine them with answers from other customers in order for us to better understand our Services and how we may improve them. Of course, answering any survey is optional.
• To provide our Services and operate our business. We may use your information to operate our business, including providing any Services that you have requested, provide you with support related to our Services, and to help us protect our Services, which includes taking action against fraud and protecting your information.
• To provide customer service and technical support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to deal with

and resolve questions you may have about our Services and to follow up with you about your experience.

• To publish or share combined information from many users. We may prepare and share information about our customers with third parties, such as advertisers or partners, for research, marketing and/or promotional purposes but only in a way that would not allow you or any other person to be identified. For example, we may share demographic data that describes the percentage of our customers who use one of our services or who use a specific operating system. We or our third-party partners may publicly report the aggregated findings of the research or analysis, but only in a way that would not allow you or any other person to be identified.
• To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
• To prosecute and defend a court, arbitration, or similar legal proceeding.
• To provide suggestions to you. This includes adding features that compare Customers’ content or communications, using data to suggest products or services that you may be interested in or that may be relevant to you or your Recipients.
• To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Notice, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.
• To collect and share customer testimonials. We might at some point upload Customers testimonials on our Services that may contain Personal Information. Before doing so, we will obtain your consent to use your name and testimonial. If you ever desire to delete a testimonial, please contact us at [email protected].
• To respond to your requests. FPT may also use Personal Information in order to respond directly to your information requests.
• To connect on third-party social networks. FPT may use your Personal Information to connect with you on third-party social networks. FPT’ interactions with you on any third-party social network would be subject to that network’s privacy policies and terms of use.

c) How Does FPT Share Your Personal Information?

We may need to share your Personal Information with others.

• Third-Party Service Providers. We may share your information, including Personal Information and Usage Data, with third-party service providers who perform certain functions to enable us to provide our Services and help us operate our business, such as website design, sending email communications, fraud detection and prevention, customer care, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing customer service, or performing analytics. Our contracts with these third parties compel them to maintain the confidentiality of the Personal Information we provide to them, only act on our behalf and under our instructions, and not use Personal Information for purposes other than the product or service they’re providing to us or on our behalf.
• Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.
• Protection of FPT and Others. We may share account information, Personal Information, and Usage Data when we believe it is appropriate to enforce or apply our products’ Terms of Service and other agreements; or protect the rights, property, or safety of FPT, our Services, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Statement.
• Reporting to Credit Bureaus. We may share your information with credit bureaus, consumer reporting agencies, and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share your information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, or debt collection.
• Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you’d like to stop receiving promotional information following any change of control.
• With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.

3. ADVERTISING

FPT does not provide any Personal Information to advertisers or to third-party sites that display any interest-based ads that may be displayed on our site or SaaS application. However, advertisers and other third parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third parties may provide FPT with information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that FPT may use to provide you with more relevant and useful advertising.

4. MANAGING YOUR INFORMATION

You may choose not to provide us with any Personal Information. In that case, you can still visit and browse our Site; however, you will not have access to or be able to use our Services.

a) Account Settings. Individuals who set up an account with us may elect to receive or stop receiving information from us or any third party as described by this Privacy Notice. If you receive email communications from our Services, you may use the unsubscribe link contained in the email. Please contact us at [email protected] if you need assistance.

b) Request Changes.

You may also review and request changes to your Personal Information and obtain removal of content or information you have publicly posted at our Site by sending an email with a detailed description of the specific content or information to [email protected]. 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.

Please be aware that we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous sales and purchases for financial reporting and compliance reasons.

c) Manage Your Security Settings.

You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third-party advertising companies online at http://www.networkadvertising.org/choices/.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.

You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members. The NAI’s main webpage is located at www.networkadvertising.org.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Services. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

d) Links to Other Websites. Please be aware that we may provide links to third-party websites as a service to our visitors, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites’ privacy policies may differ from our Privacy Notice. We encourage you to review and understand the privacy practices at third-party websites before providing them with information.

e) Opt-Out. You may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by using the unsubscribe link contained in the email, or by contacting

the sender. If you are unable to resolve this through these means, contact us at [email protected]. Despite your election to opt-out, we may send you emails or contact you by other means regarding your account, transactions, and your activities with the Services.

f) Changes to the Service. We may change any short code or telephone number we use to operate the texting services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. Please contact us at [email protected] if you need assistance.

5. WHAT ELSE SHOULD YOU KNOW ABOUT OUR PRIVACY PRACTICES?

a) Security

We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

We provide reasonable and appropriate security measures in connection with securing Personal Information we collect.

For example, we:

• Constantly work to update our security practices to implement accepted best methods to protect your Personal Information, and review our security procedures carefully.
• Comply with applicable laws and security standards.
• Securely transmit your sensitive Personal Information.
• Train our staff and require them to safeguard your data.
• Transmit, store, protect, and access all cardholder information in compliance with the Payment Card Industry’s Data Security Standards.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

b) Children. Because of federal laws, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child’s parent or guardian. The statements in this Privacy Notice about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our Services such as signing up for our Services require the submission of a payment card number along with personal information in connection with a purchase; other elements of our Services require the submission of personal information to access or use the Services. Except in certain cases where limited contact information may be collected and not retained, these elements of our Services are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our Services which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature.

6. CALIFORNIA PRIVACY RIGHTS; CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”) AS AMENDED BY THE CALIFORNIA PRIVACY RIGHTS ACT (“CPRA”); COLORADO PRIVACY ACT (“CPA”), CONNECTICUT DATA PRIVACY ACT (“CTDPA”), NEVADA PRIVACY OF INFORMATION COLLECTED ON THE INTERNET FROM CONSUMERS ACT (“NPICICA”), UTAH CONSUMER PRIVACY ACT (“UCPA”), VIRGINIA CONSUMER DATA PROTECTION ACT (“VCDPA”)

a) Categories of Personal Information Collected

Under the CCPA, as amended by the CPRA, you have the right to know what personal information we have collected about you, including the categories of Personal Information, the categories of sources from which the personal information is collected, the business or commercial purposes for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of Personal Information we have collected about you.

We collect the following categories of information: identifiers (such as your name and email address), Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (such as your name and contact information), internet or other similar network activity, geolocation data, and inferences drawn from the collected Personal Information. This information is collected directly from you when you provide it to us (for example when you submit a form requesting more information) or automatically as you navigate through the Services. We use this information for one or more legitimate business purposes, including to improve our Services, offer information about our Services to you, and allow you to purchase and use our Services. We disclose the Personal Information to third parties who are providing services to you. The specific pieces of information we have collected about you vary, depending on whether you are browsing the website or are a User, but we have defined these different types of Personal Information in Section 1.A of this Privacy Notice.

We do not sell Personal Information as defined by the CCPA, and we do not share Personal Information as defined by the CCPA. Further, we have not sold or shared any of your Personal Information with third parties in the past 12 months.

b) Rights of California, Colorado, Connecticut, Nevada, Utah, and Virginia Residents

If you are a resident of California, Colorado, Nevada, Virginia, Utah, or Connecticut you have other rights under your respective states’ consumer privacy statutes:

• Right of Access: You can access your collected personal information by contacting us at [email protected].

• Right to Correct, Update, or Delete: You can request to correct, update or delete your personal information by contacting us at [email protected]. We can’t make changes to or delete your information in some situations where it is necessary for us to maintain your information, for example, if we need the information to comply with applicable law.

• Right to Request Disclosure of Information Collected: Please contact us at [email protected] to request further information about the categories of personal information we have collected about you, where we collected your personal information, and for what purpose we use your personal information.

• Right to Disclosure of Information Sold or Shared and Right to Opt-Out of the Sale or Sharing of your Personal Information: You have the right to know what information of yours we have sold, and you have the right to opt-out of any sale of your information. We do not sell or share any of your information. If you have any questions about these rights, please contact us at [email protected].

• Rights to Disclosure of Sensitive Information: You have a right to know how we collect, process, and disclose “Sensitive Personal Information” (SPI). SPI includes highly sensitive data such as: social security number; driver’s license; passport number; financial account information and log-in credentials; precise geolocation data; genetic data; and ethnic origin. We collect and process the following types of SPI: precise geolocation data. We use the SPI to provide the Services to Users and to be able to process payment from Clients. If this functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to their terms of use. If you have any questions about the disclosure of SPI, please contact us at [email protected].

• Right to Retention Details: You have a right to know the length of time we retain each category of Personal Information or if that is not feasible, the criteria we will use to determine that retention period. If you have any questions about this right or our data retention protocol, please contact us at [email protected]. Please review our Record Retention Policy which can be found on our website for additional information. Questions regarding data storage, recovery, and deletion should be directed to: [email protected].

  • Record Retention Notice: Our data retention policy aims to safeguard proper handling, storage, and deletion of client data to maintain privacy, comply with legal requirements, and optimize data storage.

  • Data Retention for Active Locations: For active locations, the following data will be retained for 2 years and automatically deleted thereafter:

    • Communication data between clients and staff members.
    • Event data on email communication (e.g., if an email was opened or delivered).
    • Event data on text communication (e.g., if a text was delivered).
    • Content of email and text batches.
    • Digital documents such as waivers and agreements signed by the client, which may be retained longer as required.

  • Data Retention for Canceled Locations: For canceled locations, the following data will be deleted upon cancellation:

    • Communication data between clients and staff members.
    • Event data on email communication (e.g., if an email was opened or delivered).
    • Event data on text communication (e.g., if a text was delivered).
    • Session attendance data.
    • Contact Timeline events (e.g., opt-ins or subscription purchases).
    • Customer Subscriptions.
    • Payment Options.
    • Content of email and text batches.
    • Digital documents such as waivers and agreements signed by the client.

  • Implementation: Data will be reviewed periodically to ensure compliance with this policy.

• Right to Non-Discrimination: We do not and will not discriminate against you if you exercise your rights under the CCPA, CPRA, CPA, CTDPA, NPICICA, UPA, or VCDPA.

When you contact us regarding any of your rights, we will verify your identity before we provide any information. If you have any questions or comments about your rights, please contact us at [email protected].

7. EXERCISING YOUR RIGHTS UNDER THE CCPA, CPRA, CPA, CTDPA, NPICICA, UPA, OR VCDPA

a) Submitting a Request

To exercise the rights described in this Privacy Notice, please submit a verifiable consumer request to us via email: [email protected].

Only you, or someone legally authorized to act on your behalf (if in California, the person legally authorized to act on your behalf must be registered with the California Secretary of State), may make a verifiable consumer request related to your Personal Information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows Company to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include the users:

• First name
• Last name
• Email address
• Please describe your request with sufficient detail that allows Company to properly understand, evaluate, and respond to your request.

b) Verifying Requests

Company cannot respond to your request or provide you with Personal Information if Company cannot verify your identity or authority to make the request and confirm the Personal Information that relates to you. If Company cannot initially verify your identity or authority, Company will follow internal procedures to verify your identity and authority. Company attempts to respond to a verifiable consumer request within forty

-five (45) days of its receipt. If Company requires more time (up to 45 days), Company will inform you of the reason and extension period in writing.

If you have an account with Company, Company will deliver Company’s written response to that account. If you do not have an account with Company, Company will deliver Company’s written response by mail or electronically, at your option.

Any disclosures Company provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response Company provides will also explain the reasons Company cannot comply with a request, if applicable. For data portability requests, and to the extent that Company is able, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the Personal Information from one entity to another entity. If we are not able to do so, we will let you know.

Company does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Company determines that the request warrants a fee, Company will tell you why Company made that decision and provide you with a cost estimate before completing your request.

If you have any questions or comments about your rights under the CCPA, CPRA, CPA, NPICICA, VCDPA, and CTDPA please contact us at [email protected].

Contact Us. To learn more about our privacy practices or this Privacy Notice, you may contact us at [email protected].