If you have not already, please read our Terms of Service.
For the purpose of applicable data protection legislation, the data controller of your personal data is Nexercise, Inc. of Rockville, MD.
Subject to the next paragraph, we ask that you not send us, and you do not disclose, any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site, our Applications, or Services (the “Nexercise Properties”) or otherwise to us.
If you send or disclose any sensitive personal data to us when you submit user-generated content to the Nexercise Properties, you consent to our processing and use of such sensitive personal data in accordance with this policy. If you do not consent to our processing and use of such sensitive personal data, you must not submit such user generated content to the Nexercise Properties.
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
● “App(s)” refers to our mobile and web applications made available to you through Apple iTunes, Google Play, the Apple TV App Store, the Android Marketplace, and the world wide web, including the Nexercise App and the Sworkit App;
● “Nexercise” refers to our company, known as “Nexercise, Inc.”; our Site; our Apps; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
● “Service” refers to the services that we provide, including our Apps, our Site, and referring you to third parties that provide good and services you may be interested in;
● “User” refers to users of our Apps and visitors to our Site;
3. Information Collected
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
Information You Provide to Us
· We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network (“ Account”).
· If you use our Services on your mobile device, including through our App(s), we may collect your phone number and the unique device id number.
· If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may collect anonymous data about your location that we use to better understand where and how our service is being used. If you want to deactivate this feature, you can either uninstall the App(s) or deactivate location sharing on your mobile device.
· Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
· When you order products or services on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
· We retain information on your behalf, such as files and messages that you store using your Account.
· If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. This information may be shared with third parties who help process and fulfill your purchases. When you submit credit card numbers, we encrypt that information using industry standard technology.
· When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site or in our Apps, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make available on your profile page (“Profile”). The information that you provide in your Profile will be visible to the other users that you choose to connect with through the Site or App(s).
· When you post messages on the message boards of our Site or App(s), the information contained in your posting will be stored on our servers and other users will be able to see it.
· When you participate in one of our surveys, we may collect additional profile information.
· We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.
· If you participate in a sweepstakes, contest or giveaway on our Site or through our App(s), we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
Information You Provide to Facebook and Other Social Networking Sites
Information Collected via Technology
● Information Collected by Our Servers . To make our Site, Apps and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
● Mobile Services . We may also collect non-Personal Data from your mobile device if you have downloaded our App(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App(s), and information about the type of device you use. In addition, in the event our App(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App(s). This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
information that a website
sends to your computer’s hard drive while you are viewing the website. 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 provide you with a more personal and interactive experience on our Site.
This type of information is collected to make the Site more useful to you
and to tailor the experience with us to meet your special interests and
The Nexercise Properties use the following types of cookies for the purposes set out below:
Type of cookies
These cookies are essential to provide you with services available through the Nexercise Properties and to enable you to use some of its features. For example, they allow you to log in to secure areas of the Nexercise Properties and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
These cookies allow the Nexercise Properties to remember
choices you make when you use the Nexercise Properties,
such as remembering your language preferences, remembering
your login details and remembering the changes you make to
other parts of [our Site/Application(s)/Services] which you
can customize. The purpose of these cookies is to provide
you with a more personal experience and to avoid you having
to re-enter your preferences every time you visit the
Analytics and Performance Cookies
These cookies are used to collect information about traffic to [our Site/Application(s)/Services and how users use the Nexercise Properties. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to the Nexercise Properties, the websites that referred them to the Nexercise Properties, the pages they visited on the Nexercise Properties, what time of day they visited the Nexercise Properties, whether they have visited the Nexercise Properties before, and other similar information. We use this information to help operate the Nexercise Properties more efficiently, to gather broad demographic information and to monitor the level of activity on the Nexercise Properties.
We use Google Analytics and other third party analytics services for this purpose. Google Analytics uses its own cookies. It is only used to improve how the Nexercise Properties works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies . You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html .
You can prevent the use of Google Analytics relating to your use of the Nexercise Properties by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB .
Targeted and advertising cookies
These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show advertisements which we think will be relevant to your interests while you are on third party websites.
You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices , http://www.aboutads.info/choices or http://www.networkadvertising.org . If you choose to remove targeted or advertising cookies, you will still see advertisements but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral cookies are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.
Social Media Cookies
These cookies are used when you share information using a social media sharing button or “like” button on the Nexercise Properties or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter, or Google+. The social network will record that you have done this.
Apple's Health App and the Apple HealthKit API
We allow you to use your Google ID to set up an Account. If you wish to use your Google account you are taken to the Google website to login to your account and this information is then shared with us for the sole purpose of setting up your Account.
If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location. If you do not want this information collected by us, you can disable location services on your phone.
4. Use and Retention of Your Information
Why do we need your personal data?
We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Nexercise Properties. If you created a profile or otherwise registered with us, you will have been asked to check a tick box indicating your agreement to provide this data in order to access our services, purchase our products, or view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this policy, please do not use our the Nexercise Properties.
Usage . We may use your information to:
● Provide the Services you request.
● Enhance or improve user experience, our Site, our Apps, or our Services.
● Send e-mails about our Site or our Apps, or respond to inquiries.
● Send e-mails and updates about Nexercise or third parties (only stuff we think is good; no letters from Nigerian princes who need your online banking passwords and a high resolution copy of your signature to give you a million dollars).
We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.
User Testimonials and Feedback.
We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
Creation of Anonymous Data.
We may create Anonymous Data records from Personal Data collected (excluding HealthKit Data) by the Sworkit Apps by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion. We will not use or disclose to third parties user data gathered from the HealthKit API or from health-related human subject research for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. We will not use the HealthKit APIs, or any information obtained through the HealthKit APIs, to disclose or provide an end-user’s health and/or fitness information to a third party without express end user consent, and then only for purposes of enabling the third party to provide health and/or fitness services. For example, we will not share or sell an end-user’s health information collected through the HealthKit APIs to advertising platforms, data brokers or information resellers. With the explicit permission and consent of the end-user, we may share their data with third parties for medical research purposes.
We will only retain your personal data as long as reasonably required for you to use the Nexercise Properties, or until you close your account (unless a longer retention period is required or permitted by law, including, for example, for regulatory purposes).
5. Third Party Websites and Apps
Nexercise or one of its Users may post links to third party websites or apps on its Site or in its Apps. These third party websites and apps are not screened for privacy or security issues by Nexercise, and you release us from any liability for the conduct of these third party websites or apps.
6. Access to Your Information
Opt-out . You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Nexercise Properties may be ineffective upon opt-out.
Access . You may access the data we hold about you at any time via your profile/account or by contacting us directly.
Amend . You can also contact us to update or correct any inaccuracies in your personal data.
Move . Your data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.
Erase and forget . In certain situations, for example when the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
You may contact us at firstname.lastname@example.org or 155 Gibbs Street, Suite 421, Rockville, MD 20850 anytime for any other questions you may have about your personal data and our use of such personal data.
Our Third Party Service Providers
Although you are entering into an Agreement with Nexercise to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website or App.
You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
Third Parties Designated by You
When you use the Services, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates. Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by going to your account settings and changing your publishing options.
We will share your Personal Data with other Users solely for the purpose of providing the Services.
Social Networking Sites
Disclosure to Third Party Companies
We may enter into agreements with companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our website ( “Third Party Companies”). A Third Party Company may want access to Personal Data that we collect from its customers.
AS A RESULT, WE MAY PROVIDE YOUR PERSONAL DATA TO A THIRD PARTY COMPANY. BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)
A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL DATA TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING LEGAL@NEXERCISE.COM. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.
Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Services, most of the Personal Data you explicitly provide to us when you register or update your Profile is displayed on your Profile. Once displayed on your Profile, that information can be collected and used by your friends. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Data in your posts. Once you have posted information, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
In cases where there is a bona fide legal dispute with you we will disclose information as directed by the law. Please make sure you use our Service only for legal purposes.
7. Opting Out
If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.
If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
Changing or Deleting Your Personal Data
You may change any of your Personal Data in your Account by editing your profile within your Account or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
You can stop all collection of information by the App(s) by uninstalling the App(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
8. Security Measures
We take certain measures to enhance the security of our Site, our Apps, and Service, such as the use of SSL Certificates. It is in our interest to keep our website and App secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
If you’re under 13, and you’ve already read our Terms of Service, you should know better. Go away! Congress says exercise is dangerous for you, and we cannot fight Congress.
If you become aware of a minor using our Service, please report them so we can tell their principal on them and make them write “I WILL NOT IGNORE NEXERCISE’S TERMS OF SERVICE” on the chalkboard fifty times. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site, our App, and/or Service.
10. International Transfer
Your data, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using the Nexercise Properties and your checking of a tick box indicating your agreement to this transfer, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy.
12. Questions; Contacting Us; Reporting Violations
Attn : Legal
155 Gibbs Street Suite 421 Rockville MD 20850
Last Modified: August 6, 2018