Fitench Sports Privacy Policy 

Effective Date: November 11, 2018 

Your privacy is very important to us. Please read below to see how Fitench Sports handles information in connection with Fitench Sports's websites and the related mobile applications and services (collectively, the "Services"). Before we get to the details, here are a few of our fundamental privacy principles: 

Fitench Sports is a social platform and information you upload or post to Fitench Sports may be publicly viewable and searchable by Fitench Sports members and non-members. 

We aggregate certain information about our members" use of the Services for business purposes and we sometimes publish that information or share it with others. 
We give you several ways to control what information is shared with others and the public and are continuously working to enhance privacy options available to you. 
Our privacy policy (the "Privacy Policy") explains the information we collect, how we use and share it, how to manage your privacy controls and your rights in connection with the Services. Please also read our Terms of Service which sets out the terms governing the Services. 

Fitench Sports is headquartered in San Francisco and our Services are provided to you by Fitench Sports, Inc. If you are a resident of the European Union ("EU"), Fitench Sports, Inc. is the controller of your personal data for the purposes of EU data protection law. 

This policy was written in English. To the extent a translated version conflicts with the English version, the English version controls. Unless indicated otherwise, this Privacy Policy does not apply to third party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through the Services. 

Questions or comments about this Privacy Policy may be submitted by mail to the address below market@fitechsports.com 

We Collect, Use, Share and Otherwise Process Information 

Fitench Sports relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including: 

as necessary to provide the Services and fulfill our obligations pursuant to the Terms of Service. For example, we cannot provide the Services unless we collect and use your location information; 

where you have consented to the processing; 
where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims; 
to protect your vital interests, or those of others, such as in the case of emergencies; 
where you have made the information public; and 
Information Fitench Sports Collects 
Fitench Sports collects information about you, including information that directly or indirectly identifies you, if you or your other members choose to share it with Fitench Sports. We receive information in a few different ways, including when you track, complete or upload activities using the Services. Fitench Sports also collects information about how you use the Services. There are also several opportunities for you to share information about yourself, your friends, and your activities with Fitench Sports. For example: 

We collect basic account information such as your name, email address, date of birth, gender, username and password that helps secure and provide you with access to our Services. 

Profile, activity and use information is collected about you when you choose to upload a picture, activity (including date, time and geo-location information as well as your speed and pace) or post, join a challenge, add your equipment usage, view others" activities, or otherwise use the Services. 

You can choose to add your contacts" information by connecting your contacts from your mobile device or social networking accounts to Fitench Sports. If you choose to share your contacts with Fitench Sports, Fitench Sports will, in accordance with your instructions, access and store your contacts" information in order to identify connections and help you connect with them. Learn more about how we collect information about your contacts, how we use that information, and the controls available to you. 

Fitench Sports collects information from devices and apps you connect to Fitench Sports. For example, you may connect your Garmin watch or Flywheel account to Fitench Sports and information from these devices and apps will be passed along to Fitench Sports. 
Fitench Sports may collect or infer health information. Certain health information may be inferred from sources such as heart rate or other information about your perceived exertion, including power, cadence, height and weight or other indicators. Before you can upload health information to Fitench Sports, you must give your explicit consent to the processing of that health information by Fitench Sports. You can withdraw your consent to Fitench Sports processing your health information at any time. 
We gather information from the photos, posts, comments, kudos and other content you share on the Services, including when you participate in partner events or create segments or routes. 
When you make a payment on Fitench Sports, you may provide payment information such as your payment card or other payment details. We use Payment Card Industry compliant third-party payment services and we do not store your credit card information. 
We collect and process location information when you sign up for and use the Services. For example, to record your run or ride and to provide you with your training statistics and inclusion in the Service"s features (for example, the leaderboard for a route), it is necessary to collect and record the physical location of your device including, data such as speed and direction. You can tell us about important locations, such as your home or work address, by enabling a Privacy Zone in your settings. We will make private any portion of your activity that starts or ends in your Privacy Zone. Processing of your location data is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you. 
Fitench Sports allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook or Google (collectively, "Third-Party Accounts"). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to Fitench Sports under their privacy policies. You can generally control the information that we receive from these sources using the privacy controls in your Third-Party Account. 
To help us to provide you with the best possible service, you can choose to provide us with your contact information so we can better respond to your support requests and comments. 
We also obtain additional third party information about our members from marketers, partners, researchers, and others. We may combine information that we collect from you with information obtained from other members, third parties and information derived from any other subscription, product, or service we provide. We may also collect information about you from other members such as when they give you kudos or comment on your activities. 
We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information. Learn more about how we use cookies in our Cookies Policy. 
The Services use log files. The information stored in those files includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, may be linked to session IDs, athlete IDs and device identifiers. 
How Fitench Sports Uses Information 
Fitench Sports uses the information we collect and receive to administer and operate the Services and to customize them for you. For example, we use your heart rate information to provide you with interesting and useful performance analysis. Subject to your privacy controls, your information, including your profile, username, photos, members you follow and who follow you, clubs you belong to, your activities, the devices you use, and kudos and comments you give and receive will be shared on Fitench Sports so that you may be able to participate in the Services, for example to show your place on a leaderboard. Certain information (e.g., your name and some profile information) may also be available to non-members on the web. Your precise location information, such as a route or segment, may also be shared on Fitench Sports or to non-members, in accordance with your privacy controls. 

We use the information we collect about you, your followers, and your activities to customize your experience. We also use the information we collect to process payments, provide support related to the Services, protect members and enforce our Terms of Service, promote safety, and to communicate with you (including to send marketing communications) where you have agreed to receive such messages and notifications. 

We also use the information we collect to analyze, develop and improve the Services. To do this, Fitench Sports may use third party analytics providers to gain insights into how our Services are used and to help us improve the Services. 

We may also use the information we collect to market and promote the Services, activities on Fitench Sports, and other commercial products or services. This includes customizing your Fitench Sports experience. For example, if we know that you like to run, we may tell you about new running activities or show you sponsored content related to running. If we see that you run in a certain area, we may suggest a race in that area. We may also mention that you have used our partners" products or services as part of your activities, which we refer to as Sponsored Integrations. 

Fitench Sports may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. To do this, we remove certain account information, such as your name, and combine the resulting information with similar information from other Fitench Sports athletes. Examples of the type of information we may aggregate in this way include information about equipment, usage, demographics, routes and performance. Fitench Sports may use, sell, license, and share this information with third parties for research, business or other purposes such as to improve walking, running or riding in cities via Fitench Sports Metro or to help our partners understand more about athletes, including the people who use their products and services. Fitench Sports also uses aggregated data to generate our Global Heatmap. Please visit your privacy controls if you object to Fitench Sports using your information for these purposes. Because the data we aggregate comes from activities, information, and content you shared on the Services and which is identified with your Fitench Sports user name among other information, someone looking at both this information you"ve shared and also the global heatmap, could draw a potential connection. 

How Information is Shared 

In addition to sharing aggregated data about our members as described above, we also share information that identifies you in accordance with your preferences, as needed to run our business and provide the Services, and where required for legal purposes, as set forth below. 

Service Providers 

We may share your information with third parties who provide services to Fitench Sports such as supporting and improving the Services, promoting the Services, processing payments, or fulfilling orders. These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf so that we or they may promote Fitench Sports or display information that may be relevant to your interests on the Services or other websites or services. 

Sharing Information and Activities 

As a social network, we share your information with other Fitench Sports members and the public in accordance with your privacy controls. For example, all or a portion of your name and other profile information is viewable by other Fitench Sports members and the public and, subject to your privacy controls, additional information you provide may also be viewable. You can choose to invite your contacts to view your location and activities using Fitench Sports Beacon or otherwise. If you link your Fitench Sports account to other social networks and share your activities, they will be viewable on such third-party platforms, including your location information. You should use caution when sharing information via third parties and you should carefully review the privacy practices of such third parties. 

Publicly Available Information 

Your information and content may be publicly accessible to and searchable by other Fitench Sports members and non-members. We provide a variety of tools to control the sharing of your information. 

Legal Requirements 

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that disclosure is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of Fitench Sports or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation. 

DMCA Notices 

We may share your information with third parties when we forward Digital Millennium Copyright Act (DMCA) notifications, which will be forwarded as submitted to us without any deletions. 

How We Protect Information 

We take several measures to safeguard the collection, transmission and storage of the data we collect. Although we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we do not guarantee or warrant the security of the information you share with us and we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content. No system is 100% secure. The Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information and credit card numbers. Fitench Sports engages providers that are industry leaders in online security, including Services verification, to strengthen the security of our Services. The Services are registered with site identification authorities so that your browser can confirm Fitench Sports"s identity before any personal information is sent. In addition, Fitench Sports"s secure servers protect this information using advanced firewall technology. 

To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at the Services. Please note that if you do not use a SSL-capable browser, you are at risk for having data intercepted. 

Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid services identification information for the Services you are communicating with, or send information over an unsecured connection. Fitench Sports recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the services you are visiting (secure URLs begin with https:// rather than http://), along with the security symbol of your browser to help identify when you are communicating with a secure server. You can also view the details of the security certificate of the services to which you are connected. Please check the validity of any Services you connect to using secure communications. 

Disclaimer 

While Fitench Sports continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be absolutely secure, and Fitench Sports cannot ensure or warrant the security of any information you transmit to Fitench Sports. Transmitting personal information is done at your own risk. 

Managing Your Settings 

Privacy Controls 
Fitench Sports offers several features and settings to help you manage your privacy and how you share your activities. Most privacy controls are located in your privacy controls page, but some are specific to individual activities or athletes. Fitench Sports provides you the option to make your activities private. Click here to manage your privacy controls. 

Adjust Notification and Email Preferences 

Fitench Sports offers various ways to manage the notifications you receive. You can choose to stop receiving certain emails and notifications by indicating your preference here. You may also unsubscribe by following the instructions contained at the bottom of each email. Any administrative or service-related emails (to confirm a purchase, or an update to this Privacy Policy or our Terms of Service, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the Services you requested. 

Updating Account Information 

You may correct, amend or update profile or account information at any time by adjusting that information in your account settings. If you need further assistance correcting inaccurate information, please contact Fitench Sports at www.318helmet.com. Fitench Sports will generally respond to your request within 10-14 business days. 

Deleting Information and Accounts 

To request that your account is deleted, click here. Once deleted, your data, including your account, activities and place on leaderboards cannot be reinstated. 

Note that content you have shared with others, such as photos, or that others have copied may also remain visible after you have deleted your account or deleted specific information from your own profile. Your public profile may be displayed in search engine results until the search engine refreshes its cache. 

Fitench Sports also provides you the option to remove individual activities you have posted from view on the Services without deleting your account. The activities will typically remain on Fitench Sports"s systems. Please contact Fitench Sports at www.318helmet.com if you would like to restore the visibility of an individual activity. 

EU Members" Rights 

If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below: 

Access and Porting 

You can access much of your information by logging into your account. If you require additional access or if you are not a Fitench Sports member, contact us at market@Fitench Sports.com Click here to download a copy of your data. 

Rectify, Restrict, Limit, Delete 

You can also rectify, restrict, limit or delete much of your information by logging into your account, such as to edit your profile, delete photos you have posted, remove individual activities from view, or delete your account. If you are unable to do this, please contact us at www.318helmet.com. Fitench Sports will generally respond to your request within 10-14 business days. 

Object 

Where we process your information based on our legitimate interests explained above, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. 

Revoke consent 

Where you have previously provided your consent, such as to permit us to process health-related data about you, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities. 

Complain 

Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority. 

Transfers 

The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction. 

Retention of Information 

We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted. In addition, you can delete some items of information (e.g., profile information) and you can remove individual activities from view on the Services without deleting your account. For example, where you withdraw your consent to Fitench Sports processing your health-related information, Fitench Sports will delete all health-related information you uploaded. Following your deletion of your account, it may take up to 30 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy. 

Information about you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights which are commercially valuable to Fitench Sports, such as statistics of the use of the Services. For example, we may retain publicly available segments or routes and other depersonalized geolocation information to continue to improve the Services and we use aggregated information in Fitench Sports Metro and our Global Heatmap. This information will be de-associated with your name and other identifiers. 

Other Fitench Sports Sites 

Fitench Sports maintains certain websites that can be accessed outside of www.318helmet.com, The Other Sites maintain the look and feel of the Services, but are hosted by outside service providers with their own terms and privacy policies. If you interact with the Other Sites, your information may be stored, processed, or shared outside of the Services. If you interact with the Other Sites, you acknowledge that you may be subject to the terms and conditions and policies applicable to such Other Site. Please be aware that any personal information you submit to the Other Sites may be read, collected, or used by other users of these forums indefinitely, and could be used to send you unsolicited messages. Fitench Sports is not responsible for the personal information you choose to submit via the Other Sites. 

Privacy Policy Information 

Fitench Sports reserves the right to modify this Privacy Policy at any time. Please review it occasionally. If Fitench Sports makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner and, if we make material changes, we will provide a prominent notice. If you object to any of the changes to this Privacy Policy, you should stop using the Services and delete your account. 

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