Your privacy and the security of your personal information are very important to us.
We want you to be as comfortable as possible visiting our Website and using our
Online Services. We are dedicated to protecting the privacy of those who visit our Website
operated by us (collectively, our "Website") and our Online Services, and explains how
we collect your personal information on our Website or through the Online Services, how
we protect such information, and the choices you have concerning the use of such information.
Incorporating Technology Systems, Inc. ("FIT-HITS") (collectively, "we", "us", or "our")
your personal information to others.
might use that information, and whether we will disclose that information to anyone.
any of our products, offerings, features, tools or resources that we provide on our
Website (collectively, our "Online Services"), including our products or offerings for
personal digital assistants or other handheld or mobile devices (collectively, our
We are not responsible for the privacy of any information you reveal or post in any
public forum (e.g., message board or chat room) or through the "Community" features available on
our Website, or for the privacy practices of websites that are operated or
owned by third parties.
We have agreed to notify you of the following:
at the address set out below. If you do not receive acknowledgment of your inquiry or your inquiry
has not been satisfactorily addressed please contact
WHAT INFORMATION ABOUT ME IS COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE PRODUCTS?
We collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information that identifies you or can be used to
identify or contact you ("Personally Identifiable Information"). Such Personally Identifiable
Information may include your name, address, email address, telephone number, birth date
(primarily for eligibility purposes) and billing and credit card information. We may request
Personally Identifiable Information from you when you register on our Website, subscribe
to our Online Services, or take our survey, or in connection with other Online Services
we may make available on our Website from time to time. In all of these cases, we will
collect Personally Identifiable Information from you only if you voluntarily submit such
information to us. Unless you give us permission to do so, we will not sell, share, license,
You do not have to provide us with any Personally Identifiable Information to visit our Website.
However, if you choose to withhold requested information, you may not be able to visit all
sections of our Website or use all of our Online Services, such as subscribing to our online
conditioning tools, posting messages on our message boards or visiting our chat rooms. In addition,
we may not be able to provide you with some of the other Online Services dependent upon the
collection of such information, such as a personalized Sport-Maniac.com confitioning program.
Non-Personally Identifiable Information
When you become a registered user of our Website, subscribe to one of our current Online Services,
or in connection with other Online Services we may make available on our Website from time to time,
we also may collect information that by itself cannot be used to identify or contact you, such as
demographic information (like age, profession or gender) and health information (like current weight)
("Non-Personally Identifiable Information"). Non-Personally Identifiable Information may also
include user IP addresses, browser types, domain names, and other anonymous statistical data
involving the use of our Website. Non-Personally Identifiable Information is used to help us
understand who uses our Website and to improve and market our Website in general and our Online
Services in particular.
Information from Other Sources
We may also supplement the information we collect with information from other sources
to assist us in evaluating and improving our Website and Online Services, to determine your
preferences so that we can tailor our Website and Online Services to your needs,
and/or to study athletic, performance and conditioning questions in general.
We may collect information (including information that is Personally Identifiable Information)
from you in different manners and at different places and times on our Website, such as
when you register for our Website, subscribe to one of our Online Services, or sign our Survey.
We also may collect information from you in connection with, or through, other Online Services
we may make available on our Website from time to time. The following is a description of the
areas and/or manners in which we primarily collect information about you.
Becoming a Registered User and Subscription.
In order to access certain Online Services on our Website, such as our chat rooms, message boards,
and conditioning tools, you must first complete certain steps to become either a registered user or
a subscriber. During these steps, you may be required to provide us with information
(including Personally Identifiable Information) such as name, zip code and email address, and,
if you subscribe to one of our Online Services, credit card and billing information.
This information is used to help us understand who uses our Website, to improve our Website and
our Online Services, to contact users about requested Online Services and/or for subscription
billing purposes. It is optional for you to provide demographic information (such as profession
and number of children), but providing this information is encouraged so we can provide a more
personalized experience on our Website.
Cookies and Action Tags.
We also collect Non-Personally Identifiable Information passively using "cookies" and "action tags."
"Cookies" are small text files that are placed on your computer in order to identify (i) your Web
browser (ii) the activities of your computer on our Website and (iii) your activity in connection
with our advertisements and other marketing and promotional efforts. Cookies may be used to:
- personalize your experience on our Website (e.g., to dynamically generate content
on webpages specifically designed for you),
- assist you in using our Online Services (e.g., to save you time by not having to reenter
your name upon each visit to our Website), and
- allow us to statistically monitor how you are using our Website for purposes
of improving our online offerings.
to your browser that we think may be of interest to you, or to determine the popularity of certain content.
In addition to cookies that we place on your computer, cookies may also be placed on your computer
by third parties that we use to display or serve advertisements or to collect Non-Personally Identifiable
Information in order to provide advertising-related services. In the course of serving advertisements,
our third-party advertiser may place or recognize a unique "cookie" on your browser.
You do not have to accept cookies to use our Website, however, you may not be able to use
certain products, offerings, features, or resources of our Website (including our Online Services)
if you do not accept cookies. Although most browsers are initially set to accept cookies,
you may reset your browser to notify you when you receive a cookie or to reject cookies
generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar.
"Action tags," also known as web beacons or GIF tags, are a web technology used to help track
anonymous website usage information, such as how many times a specific page has been viewed.
Action tags are invisible to you, and any portion of our Website, including advertisements,
or e-mail sent on our behalf, may contain cookies that are associated with action tags that
are located on our Website. Unlike cookies, action tags are not placed on your computer.
By using cookies and action tags together, we are able to gain valuable information to improve
our Website and our Online Services and measure the effectiveness of our advertising and marketing
campaigns. We do not disclose any of your Personally Identifiable Information to our advertising
Finally, please note that advertisers and other third parties may also use their own cookies or
action tags when you click on their advertisement or link to their website or service, on or
providers of third-party advertising.
Through third party referral program operators and others, we offer referral programs whereby
referral websites can earn commissions through the referral of subscribers or other purchasers
to our Website. To track the earning of such commissions, and to determine the effectiveness
of the referral programs, the users who become subscribers to our Online Services or purchasers
through such referral websites are tracked using technologies that do not include Personally
Identifiable Information (such as cookies and/or action tags). Our program operators and the
referral websites themselves can only access non-Personally Identifiable Information such as
data relating to the number of impressions served, the number of transactions completed, and
their resulting earnings. They cannot access our customers' personal data.
If you choose to apply to be a referral website, we use the data you provide strictly for
conducting business with you. We have entered into certain agreements with third party program
operators for the purpose of administering our referral programs. Should you become a referral
website of ours through one of our third party program operators, any information you provide
to them is subject to their privacy policies.
Public Forums and the Public Profile Feature.
We feature public forums such as chat rooms, message boards, bulletin boards, or similar
activities where you and other users of our Website can communicate with one another.
In addition, we offer the "Public Profile" feature of our Website to permit you to share
information about yourself (including, if you elect, Personally Identifiable Information)
PROVIDE INFORMATION (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION) ABOUT YOURSELF THROUGH
THE PUBLIC PROFILE FEATURE AVAILABLE ON OUR WEBSITE. You should be aware that any information
shared in a public forum such as a chat room, message board, bulletin board or recipe swap
or through our Public Profile feature is public information and may be seen or collected
before disclosing any information in any public forum, or through the Public Profile
feature, on our Website.
We collect certain Personally Identifiable Information through the Survey functions
available throughout our Website. By submitting information to the Survey, you affirmatively
consent to have that information shared with franchisees of FIT-HITS who may not adhere to
We also collect Non-Personally Identifiable Information through our Internet log files, which
record data such as user IP addresses, browser types, domain names, and other anonymous
statistical data involving the use of our Website. This information may be used to analyze trends,
to administer the Website, to monitor our Website's use, and to gather general demographic
information. We may link this information to Personally Identifiable Information for these and
other purposes such as personalizing your experience on our Website and evaluating our Online
Services in general.
Email or Refer a Friend.
Through our referral tools for informing a friend about our Website, or one of our Online
Services, we will automatically send your friend a one-time email containing the information you
request to be sent. If you elect to use these referral tools, we will collect from you certain
Personally Identifiable Information about your friend which you have provided, such as your
friend's name and email address.
DO WE COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. Our Website and Online Services
are not designed for or directed to children under the age of 13. We do not collect
Personally Identifiable Information from any person we actually know is under the age of 13.
We urge all parents or guardians to participate in their children's exploration of the
Internet, and to teach their children about protecting their personal information while online.
WHAT DO WE DO WITH THE INFORMATION WE COLLECT?
In general, we use the information collected on our Website and through our Online Services
to help us understand who uses our Website and Online Services and how they are used, to
personalize your experience, to assist you in using our Online Services, to improve our
Website and Online Services, and for subscription billing purposes, if applicable. With
respect to our Handheld Products, for example, we may use such information, among other
things, to ensure that your handheld device is supported and that it has enough room for
the Application, and to confirm which versions of the Application's files are installed on
If you become a registered user of our Website or subscribe to one of our Online Services,
we may use your information to send you a welcoming email that may confirm your user name and password.
If you "opt-in" we may send you electronic newsletters, contact you about FIT-HITS products, services,
information and news that may be of interest to you, and provide you with targeted feedback.
If you no longer desire to receive these communications, we will provide you with an option
to change your preferences. In addition, if you identify yourself to us by sending us an email
with questions or comments, we may use your information (including Personally Identifiable
Information) to respond to your questions or comments, and we may file your questions or
comments for future reference. We may also use the information collected to send you important
service announcements and updates regarding our Website or Online Services or, if you are
a subscriber, about your billing account status. You will not be able to unsubscribe from
these service announcements and updates as they contain important information relevant to
your use of our Website and/or our Online Services.
In addition, if you become a registered user or subscribe to one of our Online Services
after May 16, 2005, we may use your information to contact you by postal mail about FIT-HITS
products, services, information and news that may be of interest to you, unless you notify
us that you no longer desire to receive these communications.
We may also use the information gathered on our Website and through our Online Services
to perform statistical analysis of user behavior, to analyze and evaluate issues relating
to nutrition, weight loss, behavior and fitness, or to evaluate and improve our Online
Services. We may link some of this information to Personally Identifiable Information for
internal purposes only or to assist you in your personal weight loss efforts.
WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?
not disclose any information we gather from you on our Website.
We may disclose information (including Personally Identifiable Information) about you to our
which directly or indirectly controls, is controlled by or is under common control with Sport-Maniac.com or
FIT-HITS, whether by ownership or otherwise. Any information relating to you that we provide to
our Affiliates will be treated by those Affiliates in accordance with the terms of this
with franchisees of FIT-HITS, but only where we indicate to you at time of information collection
that such information will be provided to a franchisee, or if we otherwise obtain your permission.
Laws and Legal Rights.
We may also disclose your information (including Personally Identifiable Information) if we
believe in good faith that we are required to do so in order to comply with an applicable statute,
regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid
legal process. We may disclose Personally Identifiable Information in special circumstances when
we have reason to believe that disclosing this information is necessary to identify, contact or
bring legal action against someone who may be violating our Terms & Conditions or our Subscription
Agreement, or to protect the safety and/or security of our users, our Website or the general public.
Third Parties Generally.
We may provide to third parties information about you that does not allow you to be identified
or contacted, including where such information is combined with similar information of other users
of our Website. For example, we might inform third parties regarding the number of unique
users who visit our Website, the demographic breakdown of the registered users of our Website,
or the activities that visitors to our Website engage in while on our Website. The third parties
to which we may provide this information may include potential or actual advertisers, providers
of advertising services (including website tracking services), commercial partners, sponsors,
licensees, researchers and other similar parties.
We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors")
to provide specific services and products related to our Website or Online Services, such as
hosting and maintaining our chat rooms, providing credit card processing and fraud screening,
and developing applications for our Website and e-mail services. These Outside Contractors may
sometimes have limited access to information collected on our Website, including your Personally
Identifiable Information, in the course of providing products or services to us. Access to your
Personally Identifiable Information by these contractors is limited to the information reasonably
necessary in order for the Outside Contractors to perform their limited function for us. We also
require that these contractors (i) protect the privacy of your Personally Identifiable Information
Information for any purpose other than providing us with products or services for which we contracted.
Third Party Sellers.
In addition, through our Website, you may be given the opportunity to purchase (or to
obtain more information regarding) certain content, products or services which are sold
through a person or company other than us or our Affiliates (collectively, "Third Party Sellers").
Similarly, if you purchase a product or service through one of our co-branded stores,
you will likely be purchasing the product through a Third Party Seller and not from us.
We will attempt to make it clear to you when you are dealing with a Third Party Seller by
opening a new browser or otherwise notifying you that you are leaving our Website.
For example, if you see a phrase such as "powered by" or "brought to you by" followed
by the name of a person or company other than FIT-HITS, then you are likely on, or about
to enter, a website hosted or operated by a person or company other than us. Third Party
Sellers may request that you submit certain information to them in order to purchase
their products or services or to obtain additional information from them. You do not need
to submit this information or purchase any products or services from Third Party Sellers
to access our Website. By submitting the requested information, you affirmatively consent to
have that information shared with the Third Party Seller. This information is used by the
share or disclose your Personally Identifiable Information to Third Party Sellers.
Sale of Business.
We reserve the right to transfer information to a third party in the event of a sale,
merger or other transfer of all or substantially all of the assets of FIT-HITS provided that
of any such transfer through notice on our site and through email.
Our Website may contain links to other websites not owned or operated by FIT-HITS, including
links to websites operated by franchisees of FIT-HITS. We will attempt to make it obvious
to you when you leave our Website and enter these websites by opening a new browser or
otherwise notifying you that you are leaving our Website. However, please be aware that
we are not responsible for the privacy practices of such websites. We encourage you to
be aware when our Website links to other websites and to read the privacy policies or
collected by our Website.
IS THE INFORMATION WE COLLECT SECURE?
We want your information (including Personally Identifiable Information) to remain as secure
as possible. We strive to provide secure transmission of your information from your
computer to our servers through industry-standard techniques. To help ensure the integrity
and privacy of the Personally Identifiable Information you provide to us via the Internet at the
time you elect to become a registered user or subscribe to our Online Services, we use Secured
Socket Layer (SSL) encryption technology in transmitting such Personally Identifiable Information
over the Internet to our servers. We secure the Personally Identifiable Information you provide
on servers located in controlled, secure environments, protected from unauthorized access,
use, or alteration. Only employees who need access to your information to perform a specific
task or function are granted access to such information. In addition, all FIT-HITS employees must
Notwithstanding the above commitments to protect your information (including Personally Identifiable
Information) from loss, misuse or alteration by third parties, you should be aware that there
is always some risk involved in transmitting information over the Internet. There is also some
risk that others could find a way to thwart our security systems. As a result, while we strive to
protect your information, we cannot ensure or warrant the security and privacy of any information
you transmit to us, and you do so at your own risk.
WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
Information for the purposes described above or as otherwise disclosed at the time we request such
information from you. You must "opt-in" and give us permission to use your Personally Identifiable
Information for any other purpose. If you no longer wish to receive communications from us via
postal mail, you may notify us by contacting our Privacy Coordinator at the address set out below.
You may change your preference and "opt-out" of receiving other communications by changing that
option in the My Profile feature of our Website, following the directions provided in association
with the communication, or by contacting our Privacy Coordinator at the address set out below.
Users of our Website are notified when Personally Identifiable Information is being collected by third
parties on our Website. We do this so you can make an informed choice as to whether you should
disclose information to a third party.
CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
You can always contact us in order to (1) update or correct your Personally Identifiable
Information, (2) change your preferences with respect to communications and other information
you receive from us, or (3) delete the Personally Identifiable Information maintained about
you on our systems, by accessing My Profile or contacting our Privacy Coordinator at the address
set out below. Such updates, corrections, changes and deletions will not have an effect on other
information that we maintain, or information that we have provided to third -parties in accordance
You should be aware that it is not technologically possible to remove each and every record of
the information you have provided to us from our systems. The need to back-up our systems to
protect information from inadvertent loss means that a copy of your Personally Identifiable
Information may exist in a non-erasable form that will be difficult or impossible for us to
locate. We promise that promptly after receiving your request, all Personally Identifiable
Information stored in databases we actively use and other readily searchable media will be
updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.
so you are always aware of what information we collect, how we use it, and under circumstances,
if any, we disclose it. If at any point we decide to use Personally Identifiable Information
disclosed to you, at the time it was collected, we will notify you by email or otherwise,
and you will have a choice as to whether or not we use your Personally Identifiable
Information in the new manner. We may also make non-significant changes to our Privacy
Policy that generally will not affect our use of your Personally Identifiable Information.
WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
in any of the following ways:
Email our Privacy Coordinator at: firstname.lastname@example.org
Or, send mail to
890 Ravensbury Street
Westlake Village, CA 91361
YOU ACCEPT THOSE CHANGES.
Last modified as of May 18, 2005