1. Hello again
By now you’ve read our Terms of Service.
2. The meaning of words, as explained by other words
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 applications made available to you through Apple iTunes or Google Play or Android Marketplace, 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 store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either uninstall the App(s) or deactivate GPS on your mobile device.
· When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
· 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.
Apple's Health App and the Apple HealthKit API
Information Collected from You About Others
. If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and e-mail addresses as required above. You or the third party may contact us at email@example.com to request the removal of this information from our database. As part of your use of the Services, we provide you the opportunity to connect automatically with your friends. We employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including Facebook Friends and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, call log and SMS log, and import your contacts’ names, e-mail addresses, phone numbers, image, geographic location and Facebook IDs to facilitate automatic connection with your friends. We do this only for contact matching to help your friends and you find each other. Also, when you invite friends to the Services, we will access your Address Book and we will import your contacts names and phone numbers in order to facilitate the invitation. The e-mail that is sent to your friends will come from your e-mail address so that your friends know that you want to invite them to visit the Site. We do not store any passwords you provide as part of the contact import process. We also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone’s carrier, mobile network code and mobile country code.
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 of Your Information
General 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).
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.
5. Third Party Websites and Apps
Nexercise or one of its illustrious 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. Third Party Access to Your Information
Our Third Party Service Providers
Believe it or not, Nexercise is not all-powerful and cannot fix all of its own server issues or do all of its own repairs and upgrades. 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.
We try not to hire computer repairmen with eye patches and prison tattoos, but we still can’t be 100% sure of their background. 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).
Sometimes the feds or the KGB or someone with a Junior Detective badge from a cereal box may try to get your information from us. We’ll try to weed out the flakes, but if someone appears to have a bona fide legal dispute with you (like they’re the po-po or a plaintiff in a case or potential plaintiff in a case against you), we’ll probably spill the beans about you. Please make sure you use our Service only for legal purposes and this shouldn’t be a big deal.
7. Yes, we do take no for an answer
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 and letting the mole people guard our servers deep under the earth’s crust. However, we make no representations as to the security or privacy of your information. 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
12. Questions; Contacting Us; Reporting Violations
Attn : Legal
155 Gibbs Street Suite 527 Rockville MD 20850
Last Modified: May 14, 2015