Privacy Policy

1. Personal Information

When you sign up to become a Registered User or Trainer, enter any promotion, contest, or sweepstakes, or sign up for our newsletter or other publications, you will be required to provide us with personal information about yourself, which may include your name, address, e-mail address, and phone number.

If you elect to sign in to the Platform using Facebook Connect or Twitter Connect, you are authorizing Fitocracy to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc. (“Facebook”) or Twitter, Inc. (“Twitter>”) could provide to Fitocracy through Facebook’s or Twitter’s Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, Facebook or Twitter username, Facebook or Twitter profile picture, unique Facebook or Twitter identifier and access token, and e-mail address. Facebook Connect and Twitter Connect give you the option to post information about your activities on the Platform to your profile page to share with others within your network or opt out of information you do not wish to share.

All information collected pursuant to this section is collectively referred to as “Personal Information.” We do not collect or access any Personal Information from you when you use the Services unless you provide us with the Personal Information voluntarily or authorize us to access it.

2. Billing Information

When Registered Users wish to purchase a product or service on the Platform, they will be required to provide certain information in addition to the Personal Information noted above. Such information may include a debit card number, credit card number, expiration date, bank account information, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Such Billing Information is collected and processed by our third-party payment vendor pursuant to the terms and conditions of its privacy policy, and we do not obtain access to any Billing Information in connection with these transactions.

3. Geolocational Information

Certain features and functionalities of the Services are based on your location. In order to provide these features and functionalities after you sign in to the Platform, we may automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers. Such information is collectively called the “Geolocational Information.” Collection of such Geolocational Information occurs only when the Services are running on your mobile device.

4. Other Information

We may collect additional information (collectively, the “Other Information”). Such Other Information may include:

a. From You. Additional information about yourself that you voluntarily provide to us, such as product and service preferences; workout details; your sex, age, height, weight, and other demographic and physical details; and other information that does not identify you personally.

b. From Your Activity. Information that we automatically collect when you use the Services, including, without limitation:

• IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Website visited, etc.;
• Information about a mobile device, including universally unique ID (“UUID”), Platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G); and
• Activity and usage information occurring via the Platform, including tagging data, favorites, survey responses, preferences, session lengths; and similar data.

c. From Cookies. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly.

d. From Other Sources. Information that we collect or receive from Facebook, Twitter, and/or other third-party social media sites on which you have used the Services in accordance with their terms of use and privacy policies.

We may share Other Information about your activity while using the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

If you have registered for the Platform, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Fitocracy marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Registered Users and Trainers cannot opt out of receiving transactional e-mails related to their account.

We use the Personal Information, the Billing Information, the Geolocational Information, and the Other Information (collectively, the “Information”) to provide and improve the Platform and the Services, process transactions, solicit your feedback, administer our rewards, contests, and promotional programs, and inform you about our products and services and those of our third-party marketing partners and sponsors. Also, we may share the Information as described below.

• Unless otherwise marked “private” through the functionality of the Platform, any data and/or content that you post to the Platform will be publicly viewable on the Platform and shareable by other users. Likewise, anything that you post to a social account (e.g., Facebook or Twitter) via the Platform will be viewable and accessible on those social accounts as if you had posted it on the social account directly.
• With your permission, we may share your Personal Information, Geolocational Information, and certain Other Information with other Registered Users and Trainers in your personal network whom you designate as having the right to view such information. You may change such designations at any time by following the instructions on the Platform.
• In order to provide the Services and administer our rewards and promotional programs, we may share your Personal Information and Other Information with our third-party promotional and marketing partners and sponsors, including, without limitation, business participating in our various programs.
• We may from time to time share Personal Information, Geolocational Information, and/or Other Information with other companies who may provide you information about the products and services they offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
• In an ongoing effort to better understand our users and our Platform and Services, we might analyze the Other Information in aggregate form in order to operate, maintain, manage, and improve the Services and/or Platform. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products, Platform, and Services to current and prospective business partners and to other third parties for other lawful purposes.
• We may employ other companies and individuals to perform functions on our behalf. Examples may include providing marketing assistance, information technology support, and customer service. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
• With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
• We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
• As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
• To the extent permitted by law, we may also disclose Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of Fitocracy or others.

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Fitocracy discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Fitocracy’s behalf or to provide services available at Fitocracy’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Fitocracy’s websites, you consent to the transfer of such information to them. Fitocracy will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Fitocracy discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Fitocracy believes in good faith that disclosure is reasonably necessary to protect the property or rights of Fitocracy, third parties or the public at large. If you are a registered user of an Fitocracy website and have supplied your email address, Fitocracy may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Fitocracy and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Fitocracy takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Under California Civil Code Section 1798.83, California residents who have an established business relationship with Fitocracy may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to privacy@fitocracy.com or write to us at:

Fitocracy, Inc.
51 East 12th St, 4th Floor
New York, NY 10003

It is important to note that the Platform and its servers are operated in the United States. If you are located outside of the United States, please be aware that any Personal Information you provide to us will be transferred to the United States. By using the Platform and by providing us Personal Information when using our Services, you hereby consent to this transfer and our use of the information and data provided by you in accordance with this Privacy Policy.

We do not knowingly collect Personal Information from children under the age of 13 through the Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Platform without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

The Platform may contain links to third-party websites. Fitocracy has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the Platform and/or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to this Privacy Policy on a regular basis.

If you have questions about this Privacy Policy, please e-mail us at privacy@fitocracy.com or follow the instructions on the Platform.