Effective Date: 5/11/2022
Fitness Cubed is headquartered in Chicago, United States, and our Services are provided to you by Fitness Cubed Inc. If you are a resident of the European Union (“EU”), Fitness Cubed Inc. is the controller of your personal data for the purposes of EU data protection laws.
- The Information We Collect
- How We Use Your Information
- Legal Bases for Use of Your Information
- Cookies and Similar Technologies
- Online Analytics and Advertising
- How We Share and Disclose Your Information
- Retention of Your Information
- Third-Party Links and Features
- Data Subject Rights and Your Marketing Choices
- Children’s Privacy
- International Users
- How We Protect Your Information
- Contact Information
THE INFORMATION WE COLLECT
We obtain a variety of information from and about you as you use the Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with certain information, or ask us to delete it, you may no longer be able to access or use our Services. For example, if you are a customer but do not provide us with your billing information, we won’t be able to fulfill your orders.
Information You Provide to Us
We collect a variety of information that you provide directly to us. For example, we collect information from you when you:
Register for an account
Place an order
Communicate with us on our Websites, over the phone, on third-party social media sites, and by mail or email;
Sign up for our newsletter
Participate in Fitness Cubed sweepstakes, contests, or research;
Reviews, comment, or otherwise post on or through our Services; or
Request customer support and technical assistance
The specific types of information we collect from you depend on the Services you use and the information you choose to provide, but such information generally includes:
Your name, address, telephone number, and email address
Billing information, such as shipping address and payment information;
Your purchases through our Services
Health information that you provide through our App, such as profile information, height, age, weight, gender, and nutrition information;
Your interactions with customer service; and
Any other information you choose to provide directly to us
If you request that your Cubii purchase be shipped to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.
Information We Collect Through Automated Means
Usage Data. We collect and analyze information about how you use our Services. This information includes the dates, times, frequency and durations you access our Services, which features you use and which pages you visit, the type of browser through which you access our Services, error logs and other system activity, and the websites that referred you to our Services. We also collect and analyze information about your transactions on our Services.
Device Data. We collect and analyze information about the device(s) you use to access our Services. This information includes your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
Information Collected Through Apps. If you choose to connect your Cubii to the App, we will collect information about your use of your Cubii, including calories, distance, time and strides. As explained in “Information You Provide To Us” above, we also may collect any profile information you choose to provide, such as height, age, and gender. Additionally, if you choose to connect your App account with a third-party app, we may collect information you have shared with those apps, consistent with your settings and permissions in those apps. Specifically, we may collect the following if it is made available to us:
From the Fitbit app: Sleep, weight, profile information, heart rate, location/GPS, food and water logs, and activity/exercise.
From the Apple Health app: active energy, body temperature, body fat percentage, BMI, basal body temperature, cycling distance, blood pressure, dietary energy, heart rate, height, lean body mass, respiratory rate, sleep analysis, steps, systolic blood pressure, waist circumference, walking/running distance, water consumption, and weight.
Location Information. When you use the Services, we and our service providers collect general location information from your computer or mobile device. “General” location information means information about the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location. You may also choose to allow us to access your precise GPS location information. We will always ask your permission before collecting your precise GPS location information. You can disable geolocation tracking on your device at any time. For more information, see the “Data Subject Rights and Your Choices” section below.
Information We Collect from Social Media and Other Content Platforms
When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media sites, we may collect some information from you, including your name, e-mail address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.
Information We Collect from Others
We may also receive additional information, such as demographic and statistical information, from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups.
HOW WE USE YOUR INFORMATION
We and our service providers use the information described above to:
Complete a purchase;
Provide you with updates and information about your orders or purchases;
Provide, manage, and improve the Services;
Respond to your requests for information and provide you with more effective and efficient customer service;
Conduct internal business operations in support of our Services, such as auditing, security, resolving crashes, preventing fraud, invoicing and accounting, sales and marketing, analytics, and research and development;
Contact you by email, mail, or phone regarding Fitness Cubed and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you;
Customize content, preferences, and advertising on the Services and other services, as well as to customize marketing;
Help us better understand your interests and needs;
Comply with the laws, regulations, and other legal process and procedures;
Establish, exercise, or defend our legal rights; and
Take steps that we reasonably believe to be necessary to protect the safety, security, and rights of Fitness Cubed, its employees, service providers, and others.
We may also aggregate, de-identify, and/or anonymize any information collected through the Services in such a way that we cannot reasonably link information to you or your device. We may use such aggregate, de-identified, or anonymous information for any purpose, including without limitation for research and marketing purposes.
LEGAL BASES FOR USE OF YOUR INFORMATION
For residents of the European Economic Area, the EU General Data Protection Regulation (“GDPR”) requires us to have a “legal basis” (or justifiable need) when we process your Personal Data (as that term is defined in the GDPR). To the extent the GDPR applies, our legal bases for processing Personal Data are as follows:
Where your Personal Data is necessary for our legitimate interests or the legitimate interests of others. For example, we will process your Personal Data to provide security for our Services; operate our business and our Services; ensure safe environments for our employees and visitors; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud; and know the customer to whom we are providing Services.
Where use of your Personal Data is necessary for us to comply with our legal obligations. For example, we will process your Personal Data to comply with tax laws.
Where we have your consent. For example, where a country requires that we obtain your consent before directly marketing to you, we will process your Personal Data on the basis of your consent.
COOKIES AND SIMILAR TECHNOLOGIES
Types of Technologies We Use
We use the term “cookie” in this section to refer broadly to all types of tracking technologies we use.
Types of Information Collected and Purpose of Collection
How many individuals visit the Site and how often;
What pages on the Site were viewed;
The name of the website you visited prior to the Site;
Whether you are visiting our Site for the first time or not;
Your viewing preferences (e.g. layout, sizing preferences, language, etc.); and
The type of browser used and your IP address, so that we can identify you during your next visits.
We may use the information collected from cookies for the following purposes:
To customize your experience on the Site;
Customize our advertising and marketing messages, including those that appear on our Site or those of third parties; and
Analyzing user activity and trends to better improve the Services.
Types of Cookies we use
We use first-party and third-party cookies for several reasons. Some cookies are necessary for technical reasons for our Site to operate and/or provide basic functionality to you, and we refer to these as “essential” cookies. Other cookies enable us to customize and enhance your experience on our Site and the Services. Third parties also serve cookies through our Site for advertising, analytics and other purposes. The specific types of first- and third-party cookies served through our Site and the purposes for which we use them are described in more detail below.
First-party cookies: These are cookies created by Fitness Cubed that allow you to browse our Site and use its features. They may also assist in analytics activities.
Third-party cookies: In addition to our proprietary cookies, we may allow third parties to place cookies on your computer, access them and associate web beacons with them. These cookies enable third-party features or functionalities to be provided on or through the Site for the purposes listed above. The parties that set these third-party cookies can recognize your device both when it visits our Site and also when it visits certain other websites.
The types of first- and third-party cookies we use on the Site are:
Essential website cookies: These cookies are strictly necessary to provide you with services available through our Site and to use some of its features. Because these cookies are strictly necessary to deliver the Site, you cannot refuse them without impacting Site functionality.
Functional cookies: These cookies allow you to browse our Site or benefit from some of its features, such as memorizing language or display preferences. Similar to essential cookies, if these cookies are disabled, it could impair your Site experience.
Analytics cookies: These cookies allow us or our third-party analytics providers to collect anonymized and/or aggregate statistics on how visitors use the Site, which we use to improve the Site and Services.
Advertising cookies: These cookies, provided by our third-party advertising partners, collect information about your online activity and preferences so that we can provide advertising that is most relevant to you and analyze how visitors interact with our ads.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that if you choose to block essential or functional cookies, you may not be able to take advantage of certain features on the Site or the Site may not display property.
ONLINE ANALYTICS AND TRACKING
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain analytics tools, such as tracking pixels, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
Notice Concerning Do Not Track.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, which is why we describe a variety of opt-out mechanisms above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
HOW WE SHARE AND DISCLOSE YOUR INFORMATION
We and our service providers will share your information in the following ways:
Service Providers. We provide access to or share your information with select third parties who perform services on our behalf, such as billing, sales, marketing, product content and features, advertising, analytics, research, customer service, delivery, data storage, security, fraud prevention, payment processing, and legal services. For example, we use Vimeo OTT to power the Services and provide customer support. You can read more about how Vimeo uses your personal information here: www.vhx.tv/privacy
Other Third-Party Apps. When you initiate a connection with a third-party service (e.g., the Apple Health app, FitBit, MyFitnessPal) through the Services, we will share information about you that is required to enable delivery of the third-party content. Similarly, if you connect your Cubii to another third-party app, you acknowledge that information may be shared with the third-party app during the connection (e.g., information about how you use your Fitness Cubed product). If you choose to initiate these connections, you agree that the third-party app’s policies and terms, and not Fitness Cubed’s, govern these connections. We urge you to read the privacy and security policies of these third parties.
Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third party, user information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, Fitness Cubed will comply with such restrictions. • Your Consent. If you have consented to our sharing of your information, we will also share your information consistent with your consent.
From time to time, Fitness Cubed may share aggregate or anonymous information about use of the Services, such as by publishing a report on usage trends. We may share or disclose such aggregate or anonymous information with any third party, including advertisers, promotional partners, and sponsors.
RETENTION OF YOUR INFORMATION
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
THIRD-PARTY LINKS AND FEATURES
DATA SUBJECT RIGHTS AND YOUR CHOICES
Your Legal Rights
If you would like further information in relation to your legal rights under applicable law, the procedures to exercise any of your rights, or would like to exercise any of them, please contact us at firstname.lastname@example.org. Your local laws, such as those in the European Union, may permit you to request that we:
provide access to and/or a copy of certain information we hold about you;
prevent the processing of your information for direct marketing purposes (including any direct marketing processing based on profiling);
update or rectify information which is out of date or incorrect;
delete certain information which we are holding about you;
oppose, cancel, or restrict the way that we process and disclose certain of your information;
transfer your information to a third-party provider of services; or
revoke your consent for the processing of your information.
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request as required or permitted by applicable law.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
Marketing Communications and Sharing
For users of our App, we collect aggregate information relating to calories burned, exercise time, and distance traveled (the “Leaderboard Information”) in order to display such information to other users of the Services on the “Group Leaderboard.” Leaderboard Information is not linked to your personal information. The aggregate information we collect is pooled together to help us improve our Service and to allow users of the Service to gauge their performance vis-à-vis other users. You may elect not to include and display your aggregate information in the Leaderboard Information by selecting the applicable option on the Websites or App.
Privacy Rights for California Residents
The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
The Services are intended for general audiences and not for children. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without parental consent, we will take reasonable steps to delete it as soon as possible. We also do not knowingly process Personal Data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
Please note that in providing services to you, Fitness Cubed may subcontract the processing of your data to, or otherwise share your data with, trusted service providers and trusted business partners in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of Services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.
HOW WE PROTECT YOUR INFORMATION
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services and that any such transmission is at your own risk.
You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.