Last Modified: January 1, 2025

1. INTRODUCTION

Fit with Faye (“Company”, “we”, or “us”) respects your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit our Services, use any of our products or services, including our applications, or when you interact with us, including email and electronic communications and social media channels (together, the “Services”), and describes our practices for collecting, using, maintaining, protecting, and disclosing that information. Company is the data controller for information processed through this Services.

Please read this 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, do not use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time (see Section 11, Changes to our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Services, including information:

• • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
  • that is about you but individually does not identify you; and/or
  • about your internet connection, the equipment you use to access our Services and usage details.

We collect this information:

• • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

2.1. Information You Provide to Us. The personal information we collect on or through our Services may include:

• • • Information that you provide us when by filling in forms on our Services. This includes information provided at the time of registering for an account on our Services, purchasing products, posting reviews, subscribing to services, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Services.
    • Records and copies of your correspondence (including email addresses), if you contact us.
    • Your responses to surveys that we might ask you to complete for research purposes.
    • Details of transactions you carry out through our Services. You may be required to provide financial information before accessing or using some of our Services.
    • Your search queries on the Services.

2.2. Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• • • Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.
    • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The Services may incorporate certain Google programs to help us evaluate the performance of the Services. Google is known to track individuals across multiple Servicess for data collection purposes. We also may use other technologies to collect information about your online activities over time and across third-party Servicess or other online services (behavioral tracking).

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to: estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Services according to your individual interests, speed up your searches, and recognize you when you return to our Services.

The technologies we use for this automatic data collection may include:

• • • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
    • Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Section 5 (Choices About How We Use and Disclose Your Information).
    • Web Beacons. Pages of the Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email] and for other related Services statistics (for example, recording the popularity of certain Services content and verifying system and server integrity).

2.3. Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Section 5 (Choices About How We Use and Disclose Your Information).

3. HOW AND WHY 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 Services and their contents to you;
  • to provide you with information, products, or services that you request from us;
  • to fulfill any other purpose for which you provide it;
  • to provide you with notices about your account;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  • to notify you about changes to our Services or any products or services we offer or provide though it;
  • to comply with our legal and regulatory obligations;
  • to help us quickly and efficiently respond to inquiries and requests;
  • to allow you to participate in interactive features on our Services;
  • in any other way we may describe when you provide the information; and/or
  • for any other purpose with your consent.

4. DISCLOSURE OF YOUR INFORMATION

We may disclose 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 contractors, service providers, and other third parties we use to support our business.
  • 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 Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Services users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

In addition to the foregoing, we may disclose personal information that we collect or you provide via the Company Services as follows:

• • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our other agreements.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

The categories of personal information we may disclose include:

• • Identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  • Commercial information.
  • Internet or other similar network activity.
  • Geolocation data.
  • Sensory data.
  • Internet or other similar network activity.

5. 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 Services. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Google Analytics. Google Analytics collects personal data through the Services. For information about how Google Analytics collects and processes data, please visit: https://policies.google.com/technologies/partner-sites. To opt out of having your information used by Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout/.

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 Services.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Section 7 (Your State Privacy Rights) for more information.

6. YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, please see Section 7 (Your California Privacy Rights). For our Consumer Health Data Policy, see Section 8 (Consumer Health Data Policy).

Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).
  • Data portability.
  • Opt-out of personal data processing for targeted advertising (excluding Iowa), sales, or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
  • Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please email us at faye@fitwithfaye.com. To appeal a decision regarding a consumer rights request please email us at faye@fitwithfaye.com outlining in reasonable detail why you are appealing the decision.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: faye@fitwithfaye.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

7. YOUR CALIFORNIA PRIVACY RIGHTS; NOTICE AT COLLECTION

This Section is adopted to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively “CCPA”), and supplements the information in the rest of this Privacy Policy. Any terms defined in the CCPA have the same meaning when used in this policy.

The Company is collection your personal information to support its business operations, including to offer you the Services and fulfil your requests to use and access the Services, and as more fully described in this Privacy Policy.

We do not sell the personal information we collect or share it with third parties for cross-context behavioral advertising.

7.1. Personal Information we Collect.

We may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“CCPA personal information”). CCPA personal information does not include:

• • • Publicly available information from government records.
    • Deidentified or aggregated consumer information.
    • Information excluded from the CCPA’s scope, like:
      • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
      • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers in the past twelve (12) months:

• • • Personal Identifiers: this covers a broad range of information, real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license or passport number, or other similar identifiers. We collect some CCPA personal information that falls into this category. For example, we may collect a client’s name, postal address, and email address in order to contract for services, communicate about the services, and to provide services.
    • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): this category includes name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
    • Commercial Information: this includes products or services purchased, obtained, or considered.
    • Internet or other similar network activity: this category includes information on a consumer’s interaction with a Services.
    • Geolocation data: Our Services does not collect precise geolocation data from GPS sensors. However, IP addresses from which we can determine your general location (such as your city, state/province, and postal code) may be collected.
    • Audio, electronic, visual, thermal, olfactory or similar information: We may collect photos, audio and/or video of you in certain circumstances. For example, some of our services may be recorded.
    • Inferences: inferences drawn from other personal information, such as consumer preferences drawn from the above.

For more details about the personal information we collect, including the categories of sources, please see Section 2 (Information We Collect About You and How We Collect It).

7.2. Uses of CCPA personal information.

We use each of the categories of CCPA personal information listed above for the purposes noted below, please see Section 3 (How and Why we Use your Information) for additional details that may be of interest to you. For ease of reference, we repeat those sections below:

We use information that we collect about you or that you provide to us, including any personal information:

• • • to present our Services and its contents to you;
    • to provide you with information, products, or services that you request from us;
    • to fulfill any other purpose for which you provide it;
    • to provide you with notices about your account;
    • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
    • to notify you about changes to our Services or any products or services we offer or provide though it;
    • to comply with our legal and regulatory obligations;
    • to help us quickly and efficiently respond to inquiries and requests;
    • to allow you to participate in interactive features on our Services;
    • in any other way we may describe when you provide the information; and/or
    • for any other purpose with your consent.

7.3. Sharing CCPA Personal Information.

We have disclosed the categories of CCPA personal information listed below for business purposes in the preceding twelve (12) months. Please see Section 4 (Disclosure of your Information) for additional details that may be of interest to you.

• • • Identifiers: We may disclose identifiers for business purposes with the following categories of third parties: service providers, contractors, any entity engaged in a business transfer, law enforcement, courts, governments and regulatory agencies.
    • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): We may disclose these types of characteristics for business purposes with the following categories of third parties: service providers, contractors, an entity engaged in a business transfer, law enforcement, courts, governments and regulatory agencies.
    • Commercial information: We may disclose commercial information for business purposes with the following categories of third parties: service providers, contractors, an entity engaged in a business transfer, law enforcement, courts, governments and regulatory agencies.
    • Internet or other electronic network activity information: We may disclose these types of information for business purposes with the following categories of third parties: service providers, contractors, an entity engaged in a business transfer/merger, law enforcement, courts, governments and regulatory agencies.
    • Geolocation data: We may disclose geolocation data for business purposes with the following categories of third parties: service providers, contractors, an entity engaged in a business transfer, law enforcement, courts, governments and regulatory agencies.
    • Audio, electronic, visual, thermal, olfactory or similar information: We may disclose these types of information for business purposes with the following categories of third parties: service providers, contractors, an entity engaged in a business transfer, law enforcement, courts, governments and regulatory agencies.

7.4. Sources of CCPA personal information.

We explain our sources of information in Section 2 (Information we Collect About you and How we Collect it). Please see that section for more information that may be of interest to you. For ease of reference, in regard to CCPA personal information these are:

• • • Directly from you when you provide it to us.
    • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
    • From third parties, for example, our business partners.

7.5. Your Rights and Choices.

The CCPA provides consumers (California residents) with specific rights regarding their CCPA personal information. This section describes your CCPA rights and explains how to exercise those rights.

• • • Right to Know and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete, below), we will disclose to you:
      • The categories of personal information we collected about you.
      • The categories of sources for the personal information we collected about you.
      • Our business or commercial purpose for collecting or selling that personal information.
      • The categories of third parties with whom we share that personal information.
      • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
        • sales, identifying the personal information categories that each category of recipient purchased; and
        • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
      • The specific pieces of personal information we collected about you (also called a data portability request).
    • Right to Delete: You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete, below), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
      • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
      • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
      • Debug products to identify and repair errors that impair existing intended functionality.
      • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
      • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
      • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
      • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
      • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
      • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

• • • Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a written request by emailing us at faye@fitwithfaye.com.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

o Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

o We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

• • • Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please email us at faye@fitwithfaye.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

• • • Personal Information Sales Opt-Out and Opt-In Rights

The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales.

If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). Consumers who opt-in to personal information sales may opt-out of future sales at any time.

We do not knowingly sell personal information.

7.6. Non-Discrimination.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

8. CONSUMER HEALTH DATA POLICY

Certain U.S. states have laws requiring companies that process data under the broad umbrella term of “consumer health data” (“CHD”) publish a policy notifying people about how they collect, use, and share (collectively, for purposes of this Section 8, “process” or “processing”) CHD and the rights certain consumers may have. This Section applies solely to those consumers in states with laws pertaining to Consumer Health Data and specifically require such policies. This Section applies only to CHD (as defined by applicable law) that is processed by us in the course of our business, including via the Services.

8.1. Categories of CHD we Collect. As described in Section 2 (Information We Collect About You and How We Collect It), the CHD categories we collect depends on the context of your interactions with us and the Services, the features that you use, the choices you makes, and applicable law. CHD is broadly defined, and some categories we collect are, or could be, considered CHD, including:

(a) Answers to questions we may ask to build workouts and other recommendations for you, including height, weight, pregnancy status, gender, and fitness goals.

(b) Information or inferences about your fitness, such as length and frequency of workouts.

(c) There may be additional categories of CHD that you choose to share about yourself on our social media, emails, or other communications. This could include, for example, bodily measurements, physical condition, photos, surgeries, medical history, dietary preferences, or vital signs.

8.2. Sources of CHD. As described in more detail in Section 2 (Information We Collect About You and How We Collect It), we may collect CHD directly from you, automatically from your interactions with our Services and our inferences therefrom, or when you contact us via email, social media, or other communication methods and include CHD in those communications.

8.3. Why We Collect and Use Your CHD. As further described in Section 3 (How and Why we Use your Information), we process CHD as reasonably necessary to provide the Services you have requested. Primarily, we process (collect and use) CHD to provide you with the Services and their features and to provide you with specific training programs.

8.4. Disclosures of CHD. We share your CHD with your consent or as reasonably necessary to provide the Services you have requested. We may disclose any of the CHD categories listed above to processors, service providers, vendors, contractors, or agents that assist us in providing Services to you. We may also disclose CHD as permitted by applicable law, including:

(a) With your consent.

(b) To prevent, detect, protect from, or respond to security incidents, identity theft, fraud, harassment, or malicious or deceptive activities.

(c) To a third party acquiring our assets if Company sells its business or otherwise is part of a merger, acquisition, bankruptcy, or other transaction involving a third party taking control of our assets or business.

(d) To investigate, report, or take legal action to protect our rights, property, and safety and the rights, property, and safety of others.

(e) To protect your or others’ vital interests, including health and safety.

8.5. Your Privacy Rights. You have specific rights with respect to your CHD, including rights to access your CHD, right to delete your CHD, right to withdraw consent relating to your CHD, right to confirm whether the Company is collecting, sharing, or selling your CHD. To exercise your rights, contact us at faye@fitwithfaye.com. If your request to exercise a right under applicable law is denied, you may appeal that decision by contacting us at faye@fitwithfaye.com. Please explain your concerns and provide the email associated with your account so we may properly review your data rights request history. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Attorney General of your state.

9. RETENTION OF PERSONAL INFORMATION

We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in this policy. Specifically, we retain information for our legitimate interests and essential business purposes, such as operating, maintaining and improving our services; complying with our legal obligations; and exercising our legal rights and remedies. Our retention of information is based on many factors such as your relationship with the Company; the nature of the information; compliance with our legal obligations; defending or resolving actual or anticipated legal claims. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

10. CHILDREN

Our Services is not intended for nor targeted towards children as defined by applicable law, and we do not knowingly collect personal information from children. If a child submits personal information to us and we learn that the personal information is of a child, we will delete that information. If you are younger than the age of consent in your jurisdiction, do not use or provide any information on this Services or on or through any of its features or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If you believe we might have any information from or about a child, please contact us at faye@fitwithfaye.com.

11. CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Services and update the notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

12. CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which we collect and use your information described in this policy, your choices and rights regarding such use, or wish to exercise your rights under applicable law, please do not hesitate to contact us at faye@fitwithfaye.com.

If you need to access this policy in an alternative format due to having a disability, please contact us at the email above.