This policy applies to all visitors to our website and customers who have subscribed to the services we offer (“you” and “your”).
2. Purpose of this policy
We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way we collect, store, use and protect information that can be associated with a specific natural or juristic person and can be used to identify that person (“personal information”). Personal information:
· Certain information collected on registration (see below); and
· optional information that you voluntarily provide to us (see below).
· information that has been made anonymous so that it does not identify a specific person;
· permanently de-identified information that does not relate or cannot be traced back to you specifically;
· non-personal statistical information collected and compiled by us and information that you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy.
3. Acceptance of terms
You must accept all the terms of this policy when you register for any of our services. If you do not agree with anything in this policy, then you may not register for and use any of the services. You may not access our website or use our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts. By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all its terms.
We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
5.1 On registration. Once you register on our website, you will no longer be anonymous to us as you will provide us with personal information. This personal information will include:
· Name, surname, company name, company registration number, VAT number
· Postal address, email address, telephone number, postal code
· Unique user ID, password
5.2 Collection on use. In order to provide the Services to you, you will be asked to provide us with additional information on a voluntary basis such as (“Service information”).
5.3 Optional details. You may also provide additional information on a voluntary basis (“optional information”). This includes content or product that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the website.
5.5 Cookies. When you access our website we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer to collect certain usage information. We use session cookies (which disappear after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to our website. We use information gathered by cookies to improve the website.
5.6 Web beacons. Our website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
5.7 Purpose for collection. We may use any service information and optional information provided by you for such purposes as indicated to you at the time you agree to provide such optional information. We may use your usage information for the purposes described in 5.4 and 5.5 above and to:
· remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
· monitor website usage metrics such as total number of visitors and pages accessed; and
· track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.
6. Consent to collection
We will obtain your consent to collect personal information:
· In accordance with applicable law; and
· At the time you provide us with any registration information and optional information.
7.1 Messages and updates. We may send administrative messages and email updates to you regarding the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.
· Our service providers under contract who help with parts of our business operations (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit;
· Credit bureaus to report account information, as permitted by law;
· Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the Services to receive payments and you meet their criteria);
8.2 Regulators. If you contact us regarding your experience with using any of our products, we may disclose your personal information as required of by law or governmental audit.
8.3 Law enforcement. We may disclose personal information if required:
· by a subpoena or court order;
· to comply with any law;
· to protect the safety of any individual or the general public;
· to prevent violation of our terms of service.
8.5 Marketing purposes. We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.
8.6 Change of ownership. If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
8.7 Employees. We may need to disclose personal information to our employees that require the personal information to do their jobs.
9. Security of personal information
We protect your personal information using computer safeguards such as firewalls and data encryption to protect personal information, and we authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
10. Accurate and up to date
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes mentioned in clause 5.7. From time to time we will request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online or by emailing us or phoning us. Please note that in order to better protect you and safeguard your personal information, we do take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
11. Retention of personal information
We will only retain your personal information for as long as it is necessary to fulfil the purposes mentioned in clause 5.7, unless: · retention of the record is required or authorised by law; or · you have consented to the retention of the record. During the period of retention, we will continue to abide our non-disclosure obligations and will not share or sell your personal information.
12. Transfers of personal information outside South Africa
We may transmit or transfer personal information outside South Africa to a foreign country. Personal information may be stored on servers located outside South Africa in a foreign country whose laws protecting personal information may not be as stringent as the laws in South Africa. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.
13. Updating or removing
You may choose to correct or update the personal information you have submitted to us, by clicking the menu in any of the pages on our website.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of any third party websites.
16. Fit Best Training App
Fit Best collects non-personal data from you to make your use of the App more efficient and useful. For example, if you provide non-personal data about you, the App may provide certain information about your workout such as calories burned or other tailored calculations about your workout.
Fit Best also uses tools and third party analytical software to automatically collect and use certain non-personal data that does not directly enable Fit Best to identify you. The types of non-personal data Fit Best may collect and use include, but are not limited to: (i) device properties, including, but not limited to unique device identifier or other device identifier (“UDID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as postal code, area code and location; (v) goals met and achievements; (vi) other non-personal data as reasonably required by Fit Best to enhance the App and other Fit Best products and services.
Fit Best shares non-personal data, including both data you provide to Fit Best and data which is automatically collected, with Fit Best’s partners and contractors for purposes of analysing usage of the App, advertisement serving, managing and providing the App, and to further develop the App and other Fit Best services and products.
You recognize and agree that the analytics companies utilized by Fit Best may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
Likely situations when you make personal data available to Fit Best include, but are not limited to: (i) registration for the App, contests and special events; (ii) accessing the App using a third party ID, such as social networking sites or gaming services; (iii) subscribing to newsletters; (iv) purchasing a product or services through Fit Best’s online stores; (v) using “tell a friend,” “email this page,” or other similar features; (vi) requesting technical support; and (vii) otherwise through use of Fit Best’s App where personal data is required for use and/or participation.
The types of personal data may vary depending on the type of activity you are engaged in. The personal data Fit Best may collect, process and use may include, but are not limited to your name, screen/user name, Fit Best App’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise Fit Best treats location as non-personal data).
Fit Best may use collected personal data for purposes of analysing usage of the App, providing customer and technical support, managing and providing the App (including managing advertisement serving) and to further develop the App and other Fit Best services and products. Fit Best may combine non-personal data with personal data.
Fit Best may use your personal data to send messages to you with informative and/or commercial content about Fit Best’s services or third party products and services Fit Best thinks may be of interest to you, such as new features and services, special offers and updated information.
Fit Best may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Fit Best to legal liability. Fit Best may also disclose your personal data to third parties when Fit Best has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Fit Best’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Fit Best believes that such disclosure is necessary to protect Fit Best’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Fit Best. To the extent permitted by applicable law, Fit Best will make reasonable efforts to notify you of such disclosure through Fit Best’s website or in another reasonable manner.
Fit Best may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce Fit Best user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the App.
If you reside or are located in a European Union member country or Switzerland, any personal data about you will be collected, used and retained in accordance with the General Data Protection Regulation (GDPR). If you are a resident of a country subject to the GDPR and wish to exercise any of your rights regarding your data which has been collected or is being stored by Fit Best, including access of your data, correcting inaccurate data, or deleting your data, please contact Fit Best at the email address set forth at the bottom of this policy.
16.7 Cookies, Beacons and Tracking The App may use “cookies” and other technologies such as pixel tags, clear GIFs and web beacons. Fit Best treats information collected by cookies and similar technologies as non-personal data.
E-mails and other electronic communications Fit Best sends to you may contain code that enables Fit Best to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). Fit Best may combine that information to other information Fit Best has about you and Fit Best may use that information to improve the App and/or provide customized communications to you.
16.8 Third Party Terms and Conditions Please note that your access to and use of the App may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that Fit Best is not liable for any such third party terms and conditions and their use of your personal data.
Fit Best may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Fit Best. Fit Best is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Fit Best is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
16.10 Other Please be aware of the open nature of certain social networking and other open features of the App Fit Best may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the App. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. Fit Best is not responsible for any personal data you choose to make public in any of these forums.
If you are under 15 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the App. Fit Best takes children’s privacy seriously, and encourages parents and/or guardians to play an active role in their children’s online experience at all times. Fit Best does not knowingly collect any personal information from children below the aforementioned age and if Fit Best learns that Fit Best has inadvertently gathered personal data from children under the aforementioned age, Fit Best will take reasonable measures to promptly erase such personal data from Fit Best’s records.
If you have any questions or comments about Fit Best’s privacy practices, would like to stop receiving information from Fit Best, or would like to correct or delete any of your personal data held by Fit Best, please contact us by sending an e-mail to email@example.com.