Privacy Policy

FitFul Inc. ("FitFul") is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. We respect your privacy and believe you should be informed about how we collect, use and disclose your Personal Information. This Statement of Privacy applies to the FitFul.com Web site and other services provided by FitFul to the public ("Service") and governs data collection and usage.

Personal Information

The term "Personal Information" means information that identifies you as an individual, including but not limited to your name, address, email address, telephone number, age, gender and all biometric data (weight, glucose levels, etc.). We may ask you to submit Personal Information at various places in connection with the Service. We may also receive Personal Information from individuals and entities that you have authorized to disclose Personal Information to us (such individual and entities, "Authorized Persons"). It is your choice as to whether you want to provide this type of information, however, if you choose not to provide the requested information, you may not be able to use or benefit from certain features of the Service.

FitFul also stores the information you enter about foods, activities, goals and all other information collected in our Service. We maintain lists of users and use the Personal Information on those lists to provide reporting at an aggregated user level. Such reporting will not identify you as an individual. Authorized Individuals may request certain information regarding your usage of the Service. In such instances, FitFul may provide such information, including Personal Information, to the Authorized Individual for its internal purposes.

We may contact you by email to notify you of additional events or activities; however, you will have the option to choose not to receive these types of communications. Even if you request not to be contacted by us, we reserve the right to use your contact information if we consider it necessary to send you information about the Service, including information regarding the features you have signed up for on the Services or information about changes to our Privacy Policy. For more information about how to "opt-out" of receiving emails or third-party offers, please click the Unsubscribe link at the bottom of any email sent to you by FitFul. We do not buy or sell email lists.

The Service includes certain community features that allow you to interact with other users through the Service. You have a choice to participate in these features of the Service. The information that you choose to disclose in using this community feature of the Service is published to others using the Service.

Non-personally Identifying Information

We may also collect information automatically about the use of the Service, through, for example, "cookies" or "IP addresses" (as described below). FitFul also archives log files and uses non-personally identifying information in aggregate form to detect errors with the Service; identify security issues; build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of FitFul users; and measure usage of specific areas of the Web site and Service. We may provide such statistical data to our affiliates and other current and potential business partners. For example, we may inform these third parties as to the number of people who have seen and clicked on links to their Web sites. We also use such data to create a more enjoyable experience for our users, for example, to assist in selecting content featured on specific channels, pages and site areas based on your general likes and dislikes.

"Cookies" are small files Web sites place on your hard drive that allow Web sites to identify you. For example, if you allow a Web site to remember your login name or password, the Web site places a cookie on your computer. Cookies cannot read any other information on your hard drive. We may place cookies on your computer to allow us to identify you when you visit the Web site. We may use cookies to measure Web site traffic, to offer you certain services, or to customize your visit. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your browser may permit you to do so. An "IP address" is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP address stays the same from browser session to browser session, but if you use a consumer Internet access provider, your IP address probably varies from session to session.

Special Notice to Mobile Device Users

We may now or in the future allow access to the Service through a software application on a mobile device (an "Application"). If you choose to access the Service through a mobile device Application, FitFul will collect additional information regarding your use and access to the Service including (1) location data, (2) device IDs and (3) other information regarding your use of the Application. FitFul will use and disclose such information in the same manner as described in this Privacy Policy as we do for other personally identifiable and non-personally identifiable information, including using such information to allow users to access the Service through the user’s mobile device, to analyze and improve the user experience of those who access the Service through the Application, and otherwise communicate with the user about the Service.

Communications From Us

We will be sending at least three types of emails: emails required to provide you with services you have requested; alerts giving you relevant and new information about service updates; and emails informing you about promotional services. Alerts and promotional email messages will contain a link that will allow you to opt out of future mailings.

Advertising

FitFul is not an advertising-subsidized service and does not derive revenue from the use of banner advertisements. However, we may describe our collaborators' products and services on our Service or in our communications to our members from time to time, and we may feature links to our collaborators' Web sites and services.

Privacy Practices of Third-Party Web sites and services

FitFul uses third parties (including contractors and service providers) to help with certain aspects of the operation of the Service, which may require disclosure of your Personal Information to them. For example, FitFul may use a third party to send information to you, to host the Service and related databases and to perform other work that we may choose to outsource. FitFul requires these third parties to use your Personal Information only as necessary to perform the services they are asked to perform.

The Service may contain links to third party Web sites and services. FitFul is not responsible for the privacy policies or practices of any third-party Web sites or services, including Web sites and services of any sponsors, collaborators or linked Web sites or services, or for the privacy policies or practices of any other third parties. To the extent that you disclose personally identifiable information to any third party Web sites or services , different rules may apply to their use or disclosure of any personally identifiable information you disclose to them, and we encourage you to review their privacy policies before disclosing personally identifiable information to them.

Future Transfer of Information

We may share some or all of your Personal Information with any current or future "affiliate" (which means a parent company, a subsidiary, joint venture or other company that controls, is controlled by or is under common control with FitFul), in which case we will require the affiliate to honor this privacy policy. If another company acquires FitFul (or a business unit of FitFul that uses your Personal Information), the Personal Information collected by FitFul will be transferred to that company, and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Security

We use a combination of multiple firewalls and multiple levels of physical security to protect the Personal Information you share with us outside of the community features of the Service from unauthorized access or disclosure. We encrypt your password when it is submitted to us in order to help protect the Personal Information you share with us from unauthorized access or disclosure. However, you should know that no company, including FitFul, can fully eliminate security or other risks associated with the possession of Personal Information. YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND FitFul DOES NOT AND CANNOT GUARANTEE THAT PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, OUR SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT FitFul DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT UNAUTHORIZED USERS (SUCH AS HACKERS) MAY OBTAIN ACCESS TO OR DAMAGE OUR SERVICE OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU. Furthermore, we cannot be responsible for any personally identifiable information about you that you release on your own, or that you request or authorize us to release, or that you choose to make available through the community features of the Service. Additionally, we could be legally required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You are responsible for maintaining the confidentiality of your login information and password. If you believe that there has been a breach of security of your account you can notify us at support@fitful.com.

Special Notice to International Visitors and Customers

Because FitFul may operate globally, we may transfer your Personal Information within our global operations to fulfill our obligations to you, but always subject to the limitations of applicable data protection law and this Privacy Policy. Privacy laws differ across the globe. FitFul and its affiliates who are supporting clients or individuals outside the United States may have supplemental privacy policies that may apply in those countries.

If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, including those whose privacy laws may be more strict than U.S. law, please note that you are transferring your personal data to the United States to FitFul. By providing your personal data you consent to that transfer.

Changes to this Privacy Policy

FitFul reserves the right to modify or amend this privacy policy at any time. Any material changes will be conspicuously posted on this Web site, and we will notify members by email. Changes will be effective upon posting to this Web site and email notification provided to the email address provided by you.

Contacting Us

If you have any questions or concerns regarding this Privacy Policy, or if you wish to have access to or request corrections or updates to personally identifiable information in our records, please contact:

FitFul Inc.

(855) 4-FITFUL

privacy@fitful.com

The privacy policy is an update to the previous privacy policy dated January 10, 2011.