PRIVACY POLICY

Gymfinite, Inc. (“Gymfinite,” “we” or “our”) provides this privacy policy ("Policy") to inform you of: (i) the types of information we collect; (ii) your choices surrounding such information; and (iii) how we collect, use, share, update and protect such information. Prior to and as a condition of being able to access and use Gymfinite’s website located at gymfinite.com and associated platform (collectively, the “Website”), you are required to consent to the terms and conditions of a written agreement (“Agreement”) with Gymfinite. This Policy applies to customer information obtained in connection with your access to and use of the Website. This Policy does not alter in any way the terms or conditions of the Agreement, and in the event of a conflict between the terms of the Agreement and this Policy, the terms of the Agreement shall control.

Gymfinite is committed to maintaining your privacy, providing you with information and choices, and permitting you opportunities to correct inaccuracies. If, after reading this Policy, you have questions, comments or concerns, please contact us at the address indicated below.

Information We Collect

We collect information you provide directly to us.  By way of example and not limitation, we collect information when you create an account or profile; use the interactive areas and features of our Website; make a purchase or rental; sign up for contests, promotions or mailing lists; and when you email, call or otherwise communicate with us. The types of information we may collect include (i) account information, such as your name, address, phone number, fax number, email address, photos, social media usernames, demographic information and information about your interests and preferences; and (ii) transaction information, such as your name, billing address, shipping address, phone number, email address, credit card information and transaction history.

Information We Collect When You Use Our Services.

We may also automatically collect information about you when you access or use our services, including, without limitation:

  • Device Information:  We collect information about the mobile device or computer you use to access our Website, including, without limitation, the hardware model, operating system and version; unique device identifiers; and mobile network information.
  • Location Information: We may collect information about your location when you access or use our Website or otherwise consent to the collection of this information.
  • Information Collected by Cookies and other Tracking Technologies: We may use cookies, web beacons and other tracking technologies to collect information about you and your interaction with our Website, including, without limitation, information about your browsing behavior, purchase behavior and other engagement with the Website. We use this information in one or more of the ways described in the "Use of Information" section below.

Information We Collect from Other Sources. We may also receive personal information about you from other sources and combine or link that with information we have about you.

Use of Information

We use the information we collect about you for a variety of purposes, including, by way of example and not limitation, to: (i) provide and deliver services, process and complete transactions and send you related information, including, without limitation, purchase confirmations, invoices, updates, security alerts, recall notices and support and administrative messages; (ii) provide, maintain, and improve the Website; (iii) investigate and prevent fraudulent transactions and other illegal activities; (iv) respond to your comments and questions and provide customer service; (v) communicate with you about Gymfinite services, offers, promotions, news, upcoming events and other information we think will be of interest to you; (vi) monitor and analyze trends, usage and activities; and (vii) personalize the Website and provide advertisements, content or features that are targeted toward your interests.

Sharing of Information

We may share personal information about you outside of Gymfinite and its affiliates, including, without limitation, as follows: (i) with third parties who complete payment or other transactions or perform services on our behalf; (ii) we may make our postal mailing list and general shopping information available to selected companies we believe may offer products or services of interest to you; (iii) when you sign up for and participate in the interactive areas of our Website, certain information about you may be displayed publicly on our Website and on third party sites, such as your photos, stories, posts and other information you choose to provide in your profile; (iv) in connection with, or during negotiations of, a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company, joint venture, corporate reorganization, insolvency or bankruptcy, financing or sale of company assets; (v) if we have a good faith belief that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; (vi) to enforce our agreements, policies, and terms of use; (vii) to protect Gymfinite, our members, our customers and/or any other person from harm; and/or (viii) with your consent. We may also share aggregated, non-personally identifiable information about you.

Social Sharing Features

The services we provide may offer social sharing features or other integrated tools, which let you share actions you take with respect to the services with other media, and vice versa.  The use of such features may enable the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature.  For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

Security

Gymfinite takes reasonable measures, including, but not necessarily limited to, administrative, technical, and physical safeguards, to protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration and destruction.

Your Choices

Your Information. You may update or correct information about you by logging into your account. You may also email us if you wish to deactivate your account, but note that we may retain information about you for legitimate business purposes or as required by law.

Promotional Communications.  You may opt out of receiving promotional emails and text messages from Gymfinite by following the instructions in those communications or changing your preferences.  If you opt out of receiving promotional communications, we may still send you non-promotional emails, such as emails about your purchases, account, membership or our ongoing business relations.

Location Information.  You also have the ability to turn location-based services on and off by adjusting the settings of your mobile device, or by following the standard uninstall process and removing all Gymfinite applications from your mobile device.

Third Party Advertising, Analytics and Services

We may allow third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These third parties may use cookies, web beacons and other technologies to collect information about your use of the Website. This information may be used by Gymfinite and these third parties to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests and to better understand your online activity. In addition, the Website may contain links and/or interactive functionality interacting with the applications and/or websites of third parties. This Policy does not apply to, and we are not responsible for, third party cookies, web beacons or other tracking technologies, links, applications or websites, and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices.

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes.  However, under the law, a business is not required to provide this information if it permits California residents to opt in to, or opt out of, this type of sharing.  Gymfinite qualifies for this alternative option. To opt out of having your information shared with third parties for direct marketing purposes, please contact us.

Changes to this Policy

Gymfinite may change this Policy from time to time and in any manner in Gymfinite’s sole and absolute discretion. Any such change shall be effectively immediately upon the posting of the amended Policy on the Website, and no notice of any such change shall be required for such amended Policy to be effective. We encourage you to review the Policy to stay informed about our information practices and the ways you can help protect your privacy.

General Terms

This Policy and your use of the Website will be governed by and construed in accordance with the laws of the State of Colorado, applicable to agreements made and to be entirely performed within the State of Colorado, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Policy shall be filed only in accordance with the written agreement you have with Gymfinite, or, in the absence of such agreement, in the state and federal courts located in the City and County of Denver, Colorado, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Policy. Any cause of action by you with respect to this Policy must be instituted within one (1) year after the cause of action arose or be forever waived and barred. If any provision of this Policy shall be deemed unlawful, void or for any reason unenforceable, then that provision shall not affect the validity and enforceability of any other provisions. Furthermore, a new provision shall automatically be deemed added to this Policy in lieu of such illegal, invalid or unenforceable provision, which new provision shall be as similar in terms to such illegal, invalid or unenforceable provision as is possible with the new provision still being legal, valid and enforceable. Gymfinite’s failure to enforce any provision of this Policy shall not be deemed a waiver of such provision nor of the right to enforce such provision in the future. No waiver by Gymfinite of any provision of this Policy shall be effective unless in writing.

Contact Us

If you have any questions, comments or concerns about this Policy or about our privacy practices, please write us at Gymfinite Inc., PO Box 9887, Denver, CO 80204.

© 2015 Gymfinite Inc.