PRIVACY POLICY FOR FITSQUAD

Last Updated: March 31, 2021

Your privacy is important to FitSquad. We developed this Privacy Policy to provide you with information on how we process your personal data when you use the FitSquad website or the FitSquad Mobile app.

Other Catalyst Factory websites, apps and products that do not include a link to this Privacy Policy and include a link to a different Catalyst Factory privacy policy are governed by that privacy policy. 

“Personal data” is information relating to an identified or identifiable natural person.

To jump to a specific section of this Privacy Policy, please click on a link below:

Categories of Personal Data Processed by FitSquad

Personal data that is processed when you create a FitSquad account:

When you create a FitSquad account, we ask you to provide your email address and name. You can choose to provide only your first name or a nickname instead of your full name if you wish.

PURPOSES AND LEGAL GROUNDS:

(a) FitSquad processes your email address because you use your email address and your password to sign in to your account. The legal ground for processing your email address for this purpose is based on FitSquad’s legitimate interest in protecting the security of your account.

(b) FitSquad also processes your email address for the purpose of sending you important information about your FitSquad products, apps or account, such as important safety information or material changes to this Privacy Policy. The name you provide is associated with your account profile, and is displayed to your Connections when you engage in Seasons, Leaderboards, Squads, and when you submit comments. The legal ground for processing your email address and name for these purposes is FitSquad’s legitimate interest in providing you important safety or other information about your FitSquad products, apps or account or material changes to this Privacy Policy, and in providing you an opportunity to engage with other FitSquad users.

(c) If you provide your opt-in consent to receiving marketing information from FitSquad, FitSquad will also process your email address for the purpose of sending you marketing information about FitSquad products and apps. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent at any time by changing your preferences in your FitSquad account or through the unsubscribe link at the bottom of our marketing emails. The marketing emails you receive from FitSquad are based on the preferences you provide in your FitSquad account, the locale indicated by your Internet Protocol (IP) address, the types of fitness devices you have added to your FitSquad account, and any subscriptions included in your FitSquad account. The legal ground for processing this data for this purpose is FitSquad’s legitimate interest in reducing the number of marketing emails sent to each particular customer by selecting which customers receive a particular marketing email rather than sending every marketing email to every customer who has consented to receiving marketing emails.

(d) If you provide your opt-in consent, FitSquad will process your email address for the purpose of sending you notifications (e.g., when you join a Squad, when a Season is over, when comments to a fitness activity are submitted, etc.). The legal ground for processing your email address for this purpose is your consent. You can withdraw this consent at any time by opting-out of receiving such notifications.

(e) FitSquad also processes your email address to associate it with your FitSquad account when you interact with our customer support representatives. The legal ground for this processing is our legitimate interest in providing quality customer support.

 

Additional personal data that is processed if you choose to provide it when you create a FitSquad account:

You can add additional information to your profile, such as your location, types of activities you participate in (e.g., running, hiking, cycling, golf, etc.), and your gender, birthdate, height and weight.

PURPOSES AND LEGAL GROUND:

This information is used to calculate the calories you burn during an activity and to enable you to show your Connections the types of activities you participate in if you wish. The legal ground for processing this information for these purposes is your consent. You can withdraw your consent by deleting this information from your account profile.

Personal data that is processed when you choose to upload your activities, location and activity data to FitSquad:

You can choose to upload activities (e.g., runs, walks, bike rides, swims, hikes, gym activities, etc.) and activity data (e.g., steps, distance, pace, activity time, calories burned, heart rate, sleep, location, golf stats, etc.) from your device to your FitSquad account. You can use FitSquad without providing your consent to upload your activities to FitSquad. If you choose to upload your activities to FitSquad, you control whether others can see your activity data by managing the privacy settings in your FitSquad account. Your activity data is set to “Private” by default.

PURPOSES AND LEGAL GROUNDS:

(a) FitSquad processes your activity data, if you choose to upload it to FitSquad , to enable you to analyze your activity data, identify any devices used to collect data during the activity, track your fitness goals, and, if you wish, share your activity data with others. If you reside in the European Economic Area, U.K. or in Switzerland, the legal ground for this processing is your explicit consent, which you can withdraw at any time within your FitSquad account.

(b) If you choose to upload activity data (such as steps, distance, pace, activity time, calories burned, heart rate, etc.) from your device to your FitSquad account then you will be provided with recommendations and motivational messages, information and links to articles that may be of interest to you based upon your activity data, and a comparison of your activity data with aggregated activity data of others in the FitSquad community. If you reside in the European Economic Area, U.K. or in Switzerland, the legal ground for processing this data for this purpose is your explicit consent, which you can withdraw at any time within your FitSquad account.

(c) FitSquad also processes your activity data, if you choose to upload it to FitSquad, in an aggregated manner to analyze usage and trends and develop or improve features and services. The legal basis for this processing is FitSquad’s legitimate interest in providing relevant and quality features and services.

(d) If you choose to upload your activity data to FitSquad and you are opted in to product improvement, FitSquad will process your activity data uploaded to your account for research and development purposes internally to help us build better and more relevant FitSquad products and services. If you reside in the European Economic Area, U.K., or Switzerland, the legal ground for processing this data for this purpose is your explicit consent, which you can withdraw at any time within your FitSquad account.

Personal data that is processed when you add a device to your FitSquad account:

When you add certain devices to your FitSquad account we ask for additional information, such as your gender, height, weight, birthdate, activity level (low, medium, or high) and normal bed and wake times.

PURPOSE AND LEGAL GROUND:

This information is processed to calculate the calories you burn during an activity, and provide you Insights about your activities and fitness goals. The legal ground for processing this information for this purpose is your consent. You can withdraw your consent at any time by removing your device from your FitSquad account and deleting this information from your profile.

Personal data that is processed when you choose to participate in competitions or seasons through the FitSquad mobile app:

You can choose to participate in competitions or seasons through the FitSquad mobile app, and you can upload these activities (e.g., runs, walks, bike rides, swims, hikes, gym activities, etc.) and activity data (e.g., total time, distance, average pace, average heart rate, pace zone, heart rate zone, etc.) from your device to your FitSquad  account. The season- or competition-related information will be synced to your FitSquad account. 

PURPOSE AND LEGAL GROUND:

FitSquad processes your activity data, if you choose to upload it to FitSquad, to enable you to analyze your activity data, see your season summary data, including your achievement ratio, personal, and squad performance comparison, squad points, competition results such as cumulative points, statistics, achievements, distances, elevation, etc. The legal ground for processing this information for these purposes is your consent. You can withdraw your consent at any time by deleting the activity and data from your account.

Personal data that is processed when you sync your device:

When you sync your device through FitSquad, we log data about the transmission, such as the IP address used when syncing, the sync time and date, crash/diagnostic logs, geographic location of the device, information about your device, information about the network used to sync (e.g., Wi-Fi or cellular) and device battery level. We will also gather analytics on how you configure and use certain features (e.g., Squads, Statistics, etc.).

PURPOSE AND LEGAL GROUND:

We process this information to help identify and resolve errors or syncing issues. The legal ground for processing this information for this purpose is FitSquad’s legitimate interest in resolving errors or syncing issues and providing quality product support. We also process this information to analyze usage and trends and develop or improve features and services. The legal basis for this processing is FitSquad’slegitimate interest in providing relevant and quality features and services.

Personal data that is processed when you connect your FitSquad account to a third-party app if you choose:

If you choose to enable your FitSquad account to access accounts you have with other app providers, such as your Garmin, FitBit, or Apple Health, account, we will obtain information about you from such account, such as the number of calories consumed in a particular day based on information from your Garmin account or the number of steps taken in a particular day from your FitBit account.

PURPOSE AND LEGAL GROUND:

This information is used to supplement your activity information in FitSquad with information you have provided to such third-party apps. The legal ground for this processing is your consent. You can withdraw your consent at any time by disconnecting your FitSquad account from the third-party app within your FitSquad account.

Personal data that is processed when you communicate with FitSquad:

When you interact with our customer support representatives via email, telephone, online or in person, we collect personal data, such as your name, mailing address, phone number, email address and contact preferences. We also may create event logs that are useful in diagnosing product or app performance-related issues, and capture information relating to the support or service issue. To improve customer service, subject to applicable laws, we may also record and review conversations with customer support representatives, and analyze any feedback provided to us through voluntary customer surveys. With your consent, our customer support representatives may sign in to your FitSquad account, if appropriate, to help troubleshoot and resolve your issue.

PURPOSE AND LEGAL GROUND:

We use this information to provide you with customer and product support and to monitor the quality and types of customer and product support we provide to our customers. The legal ground for processing this information for these purposes is FitSquad’s legitimate interests in providing quality product support. The legal ground for signing in to your FitSquad account, if appropriate, to help troubleshoot and resolve your issue is consent, which you may withdraw.

Personal data that is processed when you use location-based services on your FitSquad app:

If you elect to use location-based services, such as time zone identification, on your FitSquad or app, then the physical location of your device will be collected in order for FitSquad or our providers to provide you with such location-based services.

PURPOSE AND LEGAL GROUND:

The purpose of processing the location of your device is to provide you the location-based services you wish to use. The legal ground for processing this data for this purpose is performance of a contract.

Personal data that is processed when you are a FitSquad invitee from someone’s FitSquad account:

If a FitSquad user sends an invitation to you from their FitSquad account, they provide us your phone number or email address.

PURPOSE AND LEGAL GROUND:

We use this information to send you the invitation information. The legal ground for processing this information for these purposes is our legitimate interest in enabling our users to send invitations to their friends and family.

Categories of Recipients of Personal Data

Other FitSquad users:

Your activities and activity data associated with your FitSquad account are set to “Private” by default. You may decide to allow others to view your activities and activity data by changing the privacy settings in your FitSquad account. You can join Squads and make Connections with other FitSquad users. You may also choose to join other FitSquad users in Seasons, Challenges, and Leaderboards. When you interact with others in these ways, you will be displaying your data relating to the Season, Challenge or Leaderboard (e.g., aggregate number of steps during the duration of a steps Leaderboard or Challenge) even if your privacy settings in your FitSquad account are set to “Private.”

Content or feature providers; other third parties:

From time to time, we share or sell activity data in a de-identified and aggregated manner with or to companies that provide FitSquad and our customers with content or features for the purpose of enhancing the quality of the content or features they provide, and with or to other third parties for research or other purposes.

Third-party app, platform or service providers with whom you ask FitSquad to share your data:

If you choose to authorize FitSquad to permit a third party, such as your wellness program provider, or an app, such as MyFitnessPal, Strava, or TrainingPeaks, to access your activity data in your FitSquad account, then we will share such data with the third party. We will not do this without your explicit consent. Once you direct us to share data with a third party, the third party’s handling of your personal data is the responsibility of that third party and you should carefully review the third party’s privacy policy. You can choose to stop sharing data with the third-party app, platform or service provider at any time within your FitSquad account.

Other service providers:

FitSquad uses cloud services from third parties such as Amazon and Google to assist in sending emails. Those services track the activities associated with these emails, such as whether they were opened, whether links in the emails were clicked on, and whether purchases were made following clicks on those links. FitSquad uses this data to analyze the level of engagement with its emails. FitSquad uses third-party service providers to help us better understand usage of the FitSquad website and app, and for related purposes.

Other disclosures:

We may disclose personal data about you to others: (a) if we have your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (c) to enforce any of our terms and conditions or policies; or (d) as necessary to pursue available legal remedies or defend legal claims.

We may also transfer your personal data to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of FitSquad’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that we transfer personal data to will not be permitted to process your personal data other than as described in this Privacy Policy without providing you notice and, if required by applicable laws, obtaining your consent.

Transfers of Personal Data

FitSquad is a global business. To offer our products, apps and services, we may need to transfer your personal data to FitSquad-owned companies in other countries. 

For customers outside of China, when you create a FitSquad account, add personal data in your account profile, or upload data to your FitSquad account, your personal data will be collected and stored on servers in the U.S., UK, and/or Australia.

Cookies and Similar Technologies

Website:

To help analyze how you and other visitors navigate the FitSquad website, compile aggregate statistics about site usage and response rates, help diagnose any problems with FitSquad’s servers and administer the FitSquad website, we, with assistance from third-party analytics service providers, collect certain information when you visit our site. This information includes IP address, geographic location of the device, browser type, browser language, date and time of your request, time(s) of your visit(s), page views and page elements (e.g., links) that you click. We may use cookies, pixel tags, web beacons, clear GIFs or other similar tools on our site or in our email messages to assist us in collecting and analyzing such information. We use this information to provide better, more relevant content on our site, to identify and fix problems, and to improve your overall experience on our site.

If you do not want information collected through the use of these technologies, there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them.

If you reside in the European Union or other jurisdiction that requires us to obtain your consent to use cookies on our sites, then you will have an opportunity to manage your cookie preferences on the sites; except that certain cookies are required to enable core site functionality, and you cannot choose to disable those cookies.

FitSquad app:

We also collect data from users about their usage of FitSquad. The types of analytical information that are collected include the date and time the app accesses our servers, app version, the location of the device, language setting, what information and files have been downloaded to the app, user behavior (e.g., features used, frequency of use), device state information, device model, hardware and operating system information, and information relating to how the app functions. FitSquad uses this data to improve the quality and functionality of the FitSquad app; to develop and market products and features that best serve you and other users; and to help identify and fix app stability issues and other usability problems as quickly as possible.

The legal ground for processing this analytical information is our legitimate interest in understanding how our customers interact with our products, apps and websites so we can enhance the user experience and functionality of our products, apps and websites.

Here are examples of third-party providers of analytics and similar services we currently use:

ANALYTICS SERVICES:

APPLICATION PERFORMANCE MONITORING:

FitSquad uses Amazon CloudWatch to analyze and monitor the performance of our complex ecosystem. To provide such services, CloudWatch receives basic request information, including IP address, necessary to detect and diagnose anomalous errors and response times.

Children

We request individuals under the age of 13 in the U.S. and under the age of 16 in the rest of the world not provide personal data to FitSquad. If we learn that we have collected personal data from a child under the age of 13 in the U.S. or under 16 in the rest of the world, we will take steps to delete the information as soon as possible.

Privacy Policy Updates

We may update this Privacy Policy from time to time as we add new products and apps, as we improve our current offerings and as technologies and laws change. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes will become effective upon our posting of the revised Privacy Policy.

We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the FitSquad websites and apps that link to this Privacy Policy.

Retention of Personal Data

We will retain your personal data as long as your FitSquad account is considered to be active. In addition, see below under “Your Rights” for a description of your right of erasure.

Data Controller and Data Protection Officer

The personal data collected by FitSquad is controlled by Catalyst Factory LLC, 1465 C Street Unit 3302, San Diego, CA 92101, which you can contact by email at support@fitsquadapp.com.

Your Rights

If you reside in the European Union or U.K., you have the right, subject to the conditions set out in the General Data Protection Regulation (GDPR) or U.K. Data Protection Act 2018 to request from FitSquad access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. For more information about these rights, please visit the European Commission’s “My Rights” page relating to GDPR, which can be displayed in a number of languages. If you reside outside of the European Union and U.K., you may have similar rights under your local laws.

To request access to or rectification, portability or erasure of your personal data, or to delete your FitSquad account, contact support@fitsquadapp.com.

NOTICE FOR CALIFORNIA RESIDENTS OF PRIVACY PRACTICES AND RIGHTS

If you are a California resident, California law may provide you with additional rights regarding your personal data. 

Right to know about the personal information we collect and share

The CCPA gives you the right to request that we disclose the specific pieces of personal information we have collected about you. The categories of personal information we collect about you and the sources from which we collect such personal information are described in the main Privacy Policy from which you were directed to this policy. FitSquad does not sell, and has not sold, your personal information. However, we disclose and have disclosed in the past 12 months certain categories of personal information for a specified business purpose to certain categories of third parties, all as described in the main Privacy Policy, above.

Right of deletion

You have the right to request that we delete your personal information, subject to certain exceptions.

How to exercise your rights

To request access to or deletion of your personal information, or to delete your FitSquad account, visit your account profile. You will need to provide your FitSquad account credentials in order to access your account to exercise your rights. No one else can request access to or deletion of your personal information without providing sufficient evidence of your authorization. If you do not have a FitSquad account, then we most likely would not have any personal data about you. If you do not have a FitSquad account and you wish to confirm that we do not have any personal information about you, or if you have a FitSquad account but are unable to access your account, you can email support@fitsquadapp.com to inquire and to exercise your rights. If you do not have a FitSquad account or if you are unable to access your FitSquad account, then before we will fulfill any request to exercise your rights, we will need to verify your identity. The method for verifying your identity varies based on the identifying information we hold about you. You may be asked to reply to an email sent to the email address on record.

Disclosures About Your Personal Information

Categories of information we collect and disclose for a business purpose

We collect the categories of personal information from you in connection with the Services, as defined in the CCPA, that are described in the Privacy Policy above.

Nondiscrimination

FitSquad will not discriminate against you for exercising any of your CCPA rights.

Contact Us

You can email support@fitsquadapp.com if you have any questions regarding FitSquad’s privacy practices.

 

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