FitnessTrainer Online Privacy Policy

Thank you for visiting the fitnesstrainer.com web site (the “Site”). The Site is owned and operated by Servicient Corporation(“FitnessTrainer”) and this Privacy Policy contains information about FitnessTrainer’ commitment to the privacy of the users of the Site, who are both clients and instructors. For the purposes of this Privacy Policy, both clients and instructors shall be referred to as “you” or “your.”

Note: This Privacy Policy only applies to the collection and use of data by FitnessTrainer. This Privacy Policy does not apply to the web sites of other companies, individuals, or organizations to which we may provide links. These web sites may have different policies relating to your privacy and information they collect about you. Visitors should consult other sites’ privacy policies, as FitnessTrainer has no control over information that is submitted to, or collected by, third parties.

Information Collection

The Site collects two kinds of information from you: (1) personal information that you submit to us, and (2) non-personal information, such as the pages you visited on the Site and your IP address. To learn how to opt out of receiving further information from FitnessTrainer, see the Section E below.

• Personal Information. We collect and use personal information about you in the following ways:
• Registering on the Site. You may supply FitnessTrainer with your personal information when you register on the Site. For example, a client who registers on the Site must provide a full name, state of residence, email address, date of birth and password. For an instructor to register on the Site, he or she must provide full name, state of residence, email address, date of birth, username, password, home address, contact number, court locations, weekly schedule availability, instructor bio, photo, and Social Security Number (For a criminal background check). FitnessTrainer may, from time to time, change the information that it requests from the visitors to the Site.

b. Lesson Scheduling. You may supply FitnessTrainer with further personal information, including your home address and credit card information, when you schedule a lesson on the Site. We use a third party company to process credit card transactions, but we may have access to this data.

c.E-mail. If you submit feedback, questions, or requests for information about FitnessTrainer services, we may request your name, mailing address, telephone number, and e-mail address in order to respond to your inquiries. FitnessTrainer may collect and store the information you choose to provide us to send you information about FitnessTrainer from time to time.

d. Surveys and Promotions. From time to time, we may request information from you via surveys or online promotions such as contests and sweepstakes. Participation is completely voluntary; you have a choice whether or not to disclose any information. Information requested may include personal contact information such as your name, shipping address, phone number, or e-mail address. This information may be used to contact users with further information about FitnessTrainer products and services, to fulfill the terms of the promotion, notify winners and/or award prizes, or to monitor or improve use and satisfaction of this site.

• Loyalty Programs and Promotional Services. We may gather information from you when you sign up for any loyalty program or other promotional offer made via the Site. As part of those services you may be required to provide personal contact information such as your name, shipping address, phone number, or e-mail address. This information may be used to contact users with further information about FitnessTrainer services, to fulfill the terms of any scheduling, or to monitor or improve use and satisfaction of the Site.
• Mobile Applications. We also may collect any of the above information from users of mobile devices; in such an instance, when the collection is occurring by FitnessTrainer, the terms of this Privacy Policy shall control, unless otherwise noted at the time of collection.
• Non-Personally Identifiable Information. We collect and use non-personally identifiable information about you in the following ways:
• Cookies. A “cookie” is a small text file that may be used to collect information about your activity on the Site. For example, when someone visits a page within the Site, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Site previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Site. Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and, depending on your browser, these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.
• Referrers, IP Addresses, and Environmental Variables. FitnessTrainer also may collect information through referrers, IP addresses, and various environmental variables. A referrer is information the web browser passes along to the FitnessTrainer web server that references the URL from which you came. An IP address is a number used by computers on a network to identify your computer so that data can be transmitted to you. An environmental variable may include, among other things, the domain from which you access the Internet, the time you accessed the Site, the type of web browser and operating system or platform used, the Internet address or the web site you left to visit the Site, the pages you visit while at the Site, and the Internet address of the web site you then visit. FitnessTrainer may collect IP address information in order to administer the Site and to gather broad demographic information.
• Behavioral Advertising Information. We may use tracking devices and cookies to collect non-personal information about the users of our Site. The information collected may help us provide recommendations to you, serve you with advertisements or direct you to a product or service that we believe may be of interest to you. The purpose of this data collection is to optimize your experience on our Site and to ensure that the advertisements offered to you are relevant. We take steps to ensure that the information we collect and share for advertising purposes remains anonymous. For more information about this type of advertising and to opt-out of receiving targeted advertisements from certain advertisers, please visit http://www.networkadvertising.org/managing/opt_out.asp.
• Geolocation Data. We may also collect your location if you choose to allow our Site to track your location or if your personal or non-personal information indicates a certain geographic location. This information may help us provide recommendations to you based on your location, serve you with advertisements or direct you to a product or service that we belive may be of interest to you and that is marketed to people near your location.

Information Use

1. Use of Personal Information Collected Via the Site. We use your personal information that is collected on the Site primarily for the following purposes:

• To deliver the services that you requested via the Site, such as lessons or other appointments
• To deliver you information, alerts, or newsletters that you request, or that we believe may be of interest to you
• To alert you to special offers, updated information, and other new services from FitnessTrainer, or other third parties, or to forward promotional materials
• To complete a transaction or service requested by you
• To fulfill the terms of a promotion
• To ensure the Site is relevant to your needs
• To notify you about a material change to this Privacy Policy or the Terms of Use Agreement, if necessary
• To allow you access to limited-entry areas of the Site

• Use of Non-Personal Information. We use non-personal information in the ways described above, either alone or in combination with personal information. We also may use non-personal information in other ways as permitted by applicable law.

Information Sharing

• Disclosure of Personal Information. FitnessTrainer will share the personal information in the following ways:
• To fulfill a service to you. For example, we will share the personal information of clients with the instructor(s) that they have selected. Similarly, FitnessTrainer will share the personal information of instructors with clients. By registering with the Site, you agree to allow your data to be shared in this manner. If you do not want your data shared in this manner, please do not use the Site.
• To respond to your request or enter you into a promotion. If you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or with mail carriers. We also may share your information with the co-sponsor of that promotion.
• To affiliates, strategic partners, agents, third party marketers, or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your name, contact information or any behavioral or geolocation data that we have collected from you, for research, administrative, and/or internal business purposes. These parties may use this information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration, or business purposes. If you do not want us to share this type of information in this manner, please do not provide us with this information.
• To unaffiliated third-party service providers, agents, or independent contractors who help us maintain the Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection, and prize fulfillment for contests, sweepstakes, and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer the Site will have access to users’ personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.
• To comply with applicable law, or in the good faith belief that such action is necessary in order to conform to the requirements of applicable law or comply with legal process served on us; protect and defend our rights or property; or act in urgent circumstances to protect the personal safety of our end users.
• To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
• To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors, clients, and instructors and provide such information to third parties.
• To protect against potential fraud, we may verify with third parties the information collected from the Site. In the course of such verification, we may receive personal information about you from such services. For example, we may be required to use card authorization and fraud screening services to verify that your credit card information and address matches the information that you supplied to secure a registration via the Site.
• Finally, in the unlikely event that all or substantially all of our assets relating to this Site is sold or transferred to another party, your personal identifiable information may be transferred to this acquiring entity.

Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share, or otherwise disclose your personally identifiable information to any third parties.

• Disclosure of Non-Personal Information. We use non-personal information collected on the Site in the manner described in Sections B.2 and C.1
• Rights Reserved. FitnessTrainer expressly reserves the right to disclose your personal and non-personal information if FitnessTrainer reasonably believes it is required to do so by applicable law; to protect itself or to protect the rights of another user; to reduce risk of credit or other kind of fraud; or to comply with a court order.

Third Party Links

This Site may contain links to other sites. Additionally, third parties may from time to time link to the Site. PLEASE BE AWARE THAT WE ARE NOT RESPONSIBLE FOR THE CONTENT OR PRACTICES OF ANY OTHER WEB SITES. We encourage our users to read the privacy statements of each and every web site that they visit.

Choice

We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to confirm a scheduling request, to send you notice of changes to your scheduling request, to send you information about changes to our services, and to send notices and other disclosures as required by applicable law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.

However, we may provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Site. The opt-out choice will be provided in the emails that we send to you, when required to comply with applicable law. If you choose to opt-out of any email correspondence, we will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.

Notification of Changes

If we decide to change our Privacy Policy, we will post those changes on our Privacy Policy so you will always be aware of what information we collect, how we use it, and under what circumstances we disclose it. If at any point we decide to use personal information in a manner materially different from that stated at the time it was collected, we will notify you by way of email. You will then have a choice as to whether or not we may use your information in this manner. We will use information in accordance with the Privacy Policy under which the information was collected.
Special Policy Regarding Information from Children Under Age Thirteen

FitnessTrainer is not targeted to children under the age of 13, and we do not knowingly collect personal information from any child under the age of 13 without parental consent. When we do receive such information, we delete it as soon as we discover it and we do not use it or share it with third parties.

Security

We make an effort to have reasonable security procedures in place to protect the loss, misuse, or alteration of information under our control, including using Secure Sockets Layer (SSL) technology to collect and transmit your information. If you have any questions about the security of the Site, please contact [email protected].

Insolvency

In the unlikely event that FitnessTrainer ever becomes insolvent and seeks protection under applicable bankruptcy law, FitnessTrainer may share your personal information and non-personal information with a third party that intends to continue business subject to this Privacy Policy, as it may be amended from time to time.

Governing Law

This Privacy Policy and the relationship between FitnessTrainer and you shall be governed by and construed in accordance with the laws of the State of Delaware. Any controversy or claim arising out of or relating to this Privacy Policy or relating to use of this web site and the material contained in this web site shall be resolved in a court in the State of Texas.

Waiver / Severability

The waiver by either party of a breach or right under this Privacy Policy will not constitute a waiver of any subsequent breach or right. If any provision of this Privacy Policy is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Privacy Policy, which will otherwise remain in full force and effect.

Effective Date: December 26th, 2011

Last Modified Date: December 26th, 2011