Privacy Policy

This is the Privacy Statement of www.fitnet360.com (the “Web Site”), a website owned and operated by Physical Fitnet LLC (interchangeably “we”, “us”, or “Fitnet360”). We understand that our users and Web site visitors are concerned about the privacy of information. We have established policies and procedures concerning the collection, use and security of your information that will help protect your privacy. Our Privacy Statement is designed to help us serve our members and visitors while maintaining strict privacy and security standards.

1. Overview

The following privacy policy informs you about the nature and extent of the processing of personal data by Fitnet360. Personal data is any information that allows an individual to be identified directly or indirectly. The use of our app, products, services, technologies or features, and all related pages, applications and services (collectively referred to as the “Services”), is governed by this Privacy Policy.

When you register, or log on in the case of existing customers, you declare that you accept this privacy policy and expressly consent to the handling, use and disclosure of your personal data in the manner described herein.

The data gathered by Fitnet360 can be divided primarily into two categories:

  • All data required for the processing, preparation and performance of an agreement with Fitnet360. If other service providers are involved in the performance of the agreement, e.g. payment services, optimization services or hosts, your data will be forwarded to them to the extent required.
  • When you access our Services, some information is exchanged between your device and our server, or the server of the services we use. This may include personal information.

You have various rights that you can assert with us. These include the right to object to the use of data, particularly for advertising purposes.

Our Services are only available to users who are 18 years of age or older. If you are not at least 18 years old, you may only use our Services if your parents have given their consent herein, and you have provided sufficient proof of this consent.

If you have any questions about our Privacy Policy, you may contact us by email at: sheryl@fitnet360.com.

2. Name and Contact Information for the Person Responsible for Data Processing and of the Company’s Data Privacy Officer

This privacy policy applies to the use of data by Physical Fitnet, LLC., 301 E. 79th Street, New York, NY 10075, USA, as the responsible party for the following services: www.fitnet360.com. The company may be reached at the aforementioned address or by email at sheryl@fitnet360.com.

3. Purposes of Data Collection, Legal Basis and Legitimate Interests Pursued by Us or a Third Party, and Categories of Recipients

3.1. Accessing our Service

If you access our Services, the browser used on your device automatically sends information to our server and temporarily stores it in a log file. The following information is collected without your intervention and stored until it is automatically or manually deleted in the log file:

  • Your device’s IP address
  • Date and time of access
  • The name and URL of the retrieved file, the website/app from which access was made (referrer URL)
  • Your browser’s unique identifier
  • The name of your Internet provider

Our interest arises from the uses listed below. At this point, we note that we are unable and do not attempt to draw any conclusions about your identity from the data collected. Your device’s IP address and the other information listed above are used by us for the following purposes:

  • To ensure that a trouble-free connection can be established
  • To ensure the convenient use of our Services
  • To evaluate system security and stability
  • Other administrative purposes

We also use cookies, tracking tools, targeting methods and interfaces to other services such as social media platforms, payment processors or data center. How your data will be used for this purpose, are explained in more detail in Section 4 below.

3.2. Concluding, Performing or Terminating an Agreement

Data Collected when concluding an agreement

We primarily define our Services as those of a personal fitness trainer and offer a catalog of workout programs and related features. To do this, we collect information that that includes:

  • E-mail address
  • First and last name
  • Billing and payment information
  • Information you enter that is generated during the use of our Services, such as gender, age, height, weight, training goals, training history, sporting activities, etc.

3.3. Data Processing for Customer Support or Customer Service

3.3.1. Informational purposes

If you have signed up for our Services, we manage you as an existing customer. In this case, we process your contact information in order to send you information about new, enhanced or improved features, products and services, etc.

3.3.2. Personalized ads

To ensure that you receive only information that corresponds to your interests, we classify and add information to your customer profile. For this purpose, both statistical information as well as information about you (such as basic or historical data from your customer profile) are used. The goal is to optimize our Services by adapting them to your actual or perceived interests and/or needs, and to send you the appropriate recommendations and not bother you with useless ads.

3.3.3. Right to Object

You may object to the use of your data for the aforementioned purposes at any time free of charge for each communication channel and with effect for the future. An email or a letter sent using the contact information shown under Section 2 is sufficient for this purpose.

Once you submit your objection, we will block the relevant contact address for future advertising data processing. We will process your objection as soon as possible and implement the appropriate blocking measures immediately after it is confirmed. Please note that in some exceptional cases the relevant information or product recommendations may still be received even after receipt of your objection. This is simply due to technical reasons and does not mean your objection has not been processed. Thank you very much for your understanding.

4. Data Processing to Provide our Services

In this section, we inform you about the data processing to provide our Services:

4.1. Online Presence and Website Optimization

We will not sell or lease your information to third parties for their marketing purposes without your explicit consent. We only disclose certain information to third parties from time to time to be able to offer the best possible product to our customers, improve the quality of our Services and protect the interests of our customers. However, this disclosure will always be subject to strict limitations, which are described in more detail below.

4.1.1. Cookies – General Information

We use cookies on our website. Cookies are small files generated automatically by your browser and stored on your device (laptop, tablet, smartphone, etc.) when you use our Services. Cookies do not harm your device, and do not contain viruses, Trojans or other malware. Cookies contain information downloaded by the specific device. This does not mean, however, that we receive direct knowledge of your identity. One purpose of cookies is to make it more convenient for you to use our Services. For example, we use session cookies to track your use of the individual pages of our website or when you have logged on to your customer account. When you use our Services again at a later time, the cookie automatically recognizes your previous visit to the website, as well as your input and settings, so that you do not have to enter them again. To make the site more user friendly, we also use temporary cookies, which are stored on your device for a predetermined period of time.

If you already have a customer account and are logged on, the information stored in the cookies are associated with that account.

Another reason we use cookies is to gather statistics on the use of our Services and evaluate them in order to optimize your experience and to display information tailored to you. These cookies allow us to automatically recognize that you have visited our site before. The cookies are automatically deleted after a predefined period. Most browsers accept cookies automatically. However, you can disable cookies on your browser or choose to be notified when a new cookie is created. However, disabling cookies completely may mean that not all features of our Services will be available to you. The storage period of cookies depends on their purpose and may vary.

4.1.2. Facebook Login

We allow you to sign up for and log on to our Services via the Login with Facebook feature. This replaces the otherwise necessary registration. To log in you are redirected to the Facebook server, where you sign on using your user information. This links your Facebook profile to our Services. By using this simplified login feature, you give us your consent to use the following information from your publicly visible profile:

  • Name
  • Email address

The purpose of the data collection above is the simplified login and the establishment and fulfilment of an agreement. This information is required for the conclusion of the agreement in order to be able to identify it. For the purpose and scope of Facebook’s data collection and the further processing and use of the information, as well as the associated rights and setting options to protect your privacy, please consult the Facebook privacy information.

4.1.3. Google Analytics

For the custom design and continuous improvement of our Services, we use the web analytics service of Google Analytics of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google”). Using cookies, Google creates pseudonymised user profiles. The information generated by the cookies for users includes:

  • Browser type/version
  • Operating system
  • Referrer URL (previously visited page)
  • Host name of the accessing computer (IP address)
  • Time of the server request

This information is sent to a Google server in the U.S. and stored there. The information is used to evaluate the use of our Services, to compile reports on the activities, and to provide other related services for purposes of market research and customized design. This information may also be sent to third parties if required by law or if third parties process this data on behalf of Google. Under no circumstances will your IP address be merged with any other Google data. The IP addresses are anonymised so that assignment is not possible (IP masking).

You can prevent the installation of the cookies in advance by configuring your browser software accordingly or object to the continued processing of your data with the cookies by clicking on the opt-out link. Please note that if you disable cookies, it will not be possible to fully take advantage of all of the features of our Services. You can also prevent Google from collecting and processing the data generated by the cookies and related to your usage (including your IP address) by downloading and installing this browser add-on. On mobile devices, we recommend using private mode. You can find more information on protecting your privacy in relation to Google Analytics on the Google Analytics website.

4.1.4. Google Tag Manager

We manage website tags (website code) with Google Tag Manager. These tags helps us manage and continuously improve our Services and reduce your loading time. Google Tag Manager only implements website code. Google Tag Manager itself does not generate cookies or collect any personal information. It merely integrates website code that we have stored elsewhere that may be used to collect data. It is therefore only used to facilitate the management of the respective code, but does not itself access the data processed by the code. In this privacy policy, we inform you about all tags that are integrated in this way. Consult the relevant Google pages for more information about Google Tag Manager and user guidelines.

4.1.5. Stripe Payment Service

For the fulfilment of the agreement and to process payments in particular, we send your name and email address to our payment processor Stripe Payments Europe Ltd., Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland (hereinafter “Stripe”). By using Stripe’s library, the information entered during the ordering process (e.g. address, account number, bank code, credit card number, invoice amount, currency and transaction number) will not be processed by us but sent directly to Stripe by your browser. The information is used by Stripe exclusively for the implementation and realization of the payment process and is securely transmitted via SSL encryption. Stripe is certified by PCI DSS. Stripe may transmit, process and store personal information outside of the EU. You can find detailed information on the Stripes privacy policy at this Link.

6. Your Rights

In addition to the right at any time to withdraw any consent you have given us, you are also entitled to the following if the respective legal conditions are met:

  • The right to be informed about your personal data that is stored with us,
  • The right to correct inaccurate or incomplete data
  • The right to the deletion of your personal information that is stored with us
  • The right to limit the processing of your data
  • The right to data portability

In order to request any of these entitlements, contact info@fitnet360.com.

7. Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register. If you are under 16, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 16 is allowed to provide any personal information to or on the Services. In the event that we learn that we have collected personal information from a child under age 16 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at info@fitnet360.com.

8. Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website page, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

9. Changes to Our Privacy Policy

If we change our Privacy Policy and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on our website.

10. HIPAA

We are not a “covered entity” under the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The HIPAA privacy rules and regulations apply to health plans, health care clearinghouses, any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (collectively, “covered entities”), and their service providers (“business associates”). This means that the personal data that you provide to us is not protected by the HIPAA privacy rules and regulations.