Introduction
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE OR OTHER SERVICES (AS DEFINED HEREIN)
Website powered by Fitneks Inc.
Last modified: December, 2023
Welcome to Fitneks!
We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy.
This Privacy Policy constitutes an agreement between you and Fitneks Inc. and its affiliates and subsidiaries (collectively "us," "our," or "we"). When you access and use our website www.Fitneks.com (the "Website") you acknowledge that you have read this privacy policy, understood it, and that you do not object to our processing activities. By accessing this Website, registering with us, creating a user profile on our Website, or submitting information to us, you consent to this Privacy Policy and the collection and use of information as described below. We will take steps to notify you and confirm that you agree at different stages of collecting information.
This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Privacy Policy applies to information we collect:
- On this Website.
- In email, text, and other electronic messages between you and this Website.
- When you create or use a user profile on the Website
- When you communicate with other partners and service providers that we work with to provide products or services
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.
- By any other means over the course of your use of the website.
It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see the Changes to Our Privacy Policy section below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
International Privacy Laws
Our Website is operated in Canada and intended for users located in Canada, although your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. The data protection laws in Canada may also differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in Canada according to laws of Canada. By using the Website or providing us with any information, you consent to the transfer to, and processing, usage, sharing, and storage of your information in Canada.
If you are visiting the Website from outside Canada, please be aware that you are sending information to Canada where our services are located. That information may be transferred within Canada or back out of Canada to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including Canada) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your personal data in Canada will at all times be governed by this Privacy Policy.
Children Under the Age of 13
Fitneks products and services are designed for adults, not children. Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we dispose of that information in accordance with applicable legislation. If a parent or guardian becomes aware that their child has provided us with personal information without the parent's or guardian's consent, such parent or guardian should contact us at privacy@Fitneks.com .
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see the Your California Privacy Rights section below for more information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- that you provide directly on the Website by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card information, password, login credentials to your social network accounts, demographic information, or any other identifier by which you may be contacted online or offline ("personal information");
- that is collected automatically when you visit and use the Website, such as :
- information that is about you but individually does not identify you, such as your Internet Protocol (IP) address; and/or
- your device identifier, the equipment you use to access our Website and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
- From third parties, for example, our business partners.
Information You Provide to Us. The information we collect on or through our Website may include information you submit if you buy our products online, register for an online account with us, use access our community forum, sign up for updates and marketing communications from us, participate in our sweepstakes, surveys, programs or events, request specific product customizations from us, submit a product review on our website, contact us for customer service, or otherwise interact with us via our online services, we may collect the following information about you:
Contact Information, which may include your name, username, postal address, email address and telephone number. We process this information to communicate with you, including about products and services you have ordered, or to send you updates about our products or services that may be of interest.
Order Information and Account Information, which may include your Contact Information, payment card information, billing address, gender, nationality or residence, and the details of the products or services you have ordered, purchased, or requested from us. We process this information to create and manage your account on our website (for example to enable you to access, update and save your preferences to the account); fulfill your orders, including product customization requests.
Communication Information, which you voluntarily provide to us when making inquiries to customer care, comments on our social media, product reviews on our site, survey feedback, uploading a picture, activity (including date, time and geo-location information.
We use this information to respond to any specific queries you may have when you contact customer care, to understand your preferences so that we can provide you with updates about our products, events, or services that may be of interest, provide you with a more tailored shopping experience, to administer sweepstakes and giveaways, or to improve our product offerings and customer experience based on your responses to a survey or product review. Please note that if you communicate with us by phone, subject to applicable laws, we may monitor or record the call so as to maintain the integrity of your account, provide effective and timely service, and for improvement of our products.
Giveaways or Sweepstakes Information, which may include your Contact Information and the details of the giveaway or sweepstakes you have voluntarily entered. We process this information so that you can participate in our giveaway or sweepstakes.
Social Media Information, which may include your social media interactions with us (e.g., if you "like" or "share" or "comment" on something you see on content we post on our social media accounts, usually located on third-party platforms), and any information you actively provide to us for social media marketing purposes. We process this information to interact with you through social media or email; and administer social media marketing initiatives or social media advertising campaigns.
Information Shared in Public Area, which includes the personal information you choose to share with other users when you interact in the public areas with other users, such as to provide a review of a product. Please note such information may be viewed by all users and may be publicly distributed outside the Site. If you interact with other users or register through a third-party social media site, your contacts on the third-party social media site may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
As it pertains to information You may provide to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"), Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to provide, maintain, monitor, secure, debug, personalize and optimize our online services for you; provide you with customer service and technical assistance; and to generally develop and improve our products and services as well as to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, usage data, which may include details of your visits to our websites, including but not limited to traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Device data, which may include Information about your computer and internet connection, including your IP address, operating system, and browser type and information about the type of device you are using, mobile ad identifiers, the time and length of your visit, the website that referred you to our Websites, and the subject of the ads you click or scroll over.
- Via cookies and other web-based tracking technology, which may include information about your preferences to make your use of the Websites more productive.
- Geo-location data, which may include the precise location of your device or other general location data based on GPS data, mailing address, and/or billing address to customize our services based on your location, and to provide you with other services, or sending you push notifications or to engage in research, product development, analysis, and targeted marketing by email, push notification, online or in-app advertising.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Send us an e-mail at privacy@Fitneks.com to opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To provide you with information about our new products, services, and offers;
- To fulfill your orders.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To send you marketing materials and promotional offerings from us and third party partners
- To allow you to participate in interactive features on our Website.
- To administer contests, sweepstakes, promotions and surveys.
- To respond to customer inquiries;
- To analyze preferences, trends, and statistics;
- To send you surveys and other communications;
- To ensure your compliance with our Terms of Use and Terms of Sale and other agreements.
- To comply with legal process and our legal obligations.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please send us an email at privacy@Fitneks.com For more information, see Choices About How We Use and Disclose Your Information below.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We do not share, sell, rent, or transfer your personal information other than as described in this Privacy Policy. We may share, disclose or sell aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this Privacy Policy:
- To our subsidiaries and affiliates.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.
- We may provide paid products and/or services from the Website. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. Our payment processors are listed below with links to their privacy policies.
- To PayPal. Their privacy policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full.
- To Shopify: Their privacy policy can be viewed at https://www.shopify.com/legal/privacy.
- To Google Pay: Their privacy policy can be view at https://policies.google.com/privacy.
- Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
- For any other purpose disclosed by us when you provide the information.
- We may share or disclose your personal information with any of our outside professionals to facilitate the professional advice from those outside professionals.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our terms of use www.Fitneks.com/terms-of-use or terms of sale www. Fitneks.com/shipping-and-orders and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
- Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to privacy@Fitneks.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an e-mail at privacy@Fitneks.com.
- We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
- California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
- Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: privacy@Fitneks.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at privacy@Fitneks.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use www. Fitneks.com/Shipping-and-orders.
California residents may have additional personal information rights and choices. Please see the Your California Privacy Rights section below for more information.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.
This section applies only to California residents. Under the California Consumer Privacy Act of 2018 ("CCPA"), "Personal Information" is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Information does not include publicly available information from government records, or information covered by certain sector-specific privacy laws. A "business purpose" is the use of Personal Information for the business's operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
Rights and Choices. As a California resident, you have the rights listed below in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.
You may exercise your CCPA rights to know, access and delete by emailing info@Fitneks.com. Please note that we will need to confirm your identity and California residency to process your requests to exercise your rights to know, access, or delete your Personal Information. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. You may designate an authorized agent to make a request to access or a request to delete on your behalf. We will respond to your authorized agent's request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf or are unable to verify their identity.
If you wish to opt out of the use of your Personal Information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below. Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
Website. You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
- The NAI's opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA's opt-out platform http://www.youronlinechoices.com/
- The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Mobile Devices. Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to you interests: "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices, and "Limit Ad Tracking" on iOS devices.
"Shine the Light" Requests. Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: info@Fitneks.com. Please include the words "Shine the Light" in the subject line of the request and state the name of our specific website with respect to which you are requesting the information, as well as your name, street address, city, state, and zip code.
CCPA Notice of Financial Incentive. In certain cases, we may offer a gift card, coupon, discount, points towards a future purchase, or other financial incentive in exchange for your participation in our loyalty program, or for other reasons, such as in response to a survey that seeks feedback, or for providing information about your shopping behaviors.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
We may change this Policy so as to reflect new laws, new services or for other reasons. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. Your continued use of our Website and services following the posting of changes to this Privacy Policy will be considered your consent to those changes. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Retention of Your Personal Information
We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about our typical retention periods for different aspects of your personal information are described below.
Your contact information will be retained for a period of 60 days after having deleted your user account with Fitneks. Your Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you unsubscribe. Thereafter we will add your details to our suppression list to ensure we do not inadvertently market to you.
Content that you post on our Website such as reviews, photographs, videos, blog posts, and other content may be kept after you close your account for audit and crime prevention purposes.
To the extent we record our telephone calls with you, such recordings may be kept for a period of up to six years. Information collected via technical means such as cookies, webpage counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.
Contact Information
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: privacy@Fitneks.com. To register a complaint or concern, please do so in accordance with the relevant section of the Website Terms of Use.