Definitions
For purposes of this Privacy Policy:
"Customer" means a purchaser of the Services.
"EULA" means the End-User License Agreement for the Services.
"Educator" means an instructor, tutor, teacher, professor, school, school district, college, university or other education institution or education agency that adopts or uses the Services in an educational setting. Educator includes a parent instructing a student at home.
"Institution" means a school, school district, college, university or other education institution or education agency that adopts and uses the Services.
"Personal Information" means information personally identifiable to a particular User. Personal Information may include Account Data and Course Data described below and your e-mail address, name, home or work address or telephone number. Site also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
"Secondary Student User" means a User who is a student in a secondary education setting.
"Services" mean the Sites educational products and services that link to this Privacy Policy.
"User" means a student, instructor or school administrator, who is an end-user of the Services.
"Youth User" means a User who is not considered old enough under applicable law to accept and consent to the Privacy Policy.
Personal information you disclose to us
Children. We do not knowingly collect personal data online from children under 13 (note that the minimum age may vary based on country/region, and on local law). If you become aware that a child has provided us with personal data without parental consent, please contact us using the information provided at the end of this policy. If we become aware that a child under 13 has provided us with personal data without parental consent, we will take steps to remove the data and cancel the child's account.
Information automatically collected
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our
Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
- Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the
Website . Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
In Short: We may collect limited data from public databases, and other outside sources. We may obtain information about you from other sources, such as public databases, as well as from other third parties. Examples of the information we receive from other sources include: Google Health, which may aggregate activity and fitness data from devices or apps you use, such as a Fitbit or Garmin device or your phone.
- To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
- To post testimonials. We post testimonials on our
Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at support@efit.health and be sure to include your name, testimonial location, and contact information.
- Request feedback. We may use your information to request feedback and to contact you about your use of our
Website .
- To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
- To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
- To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our Services. We may use your information as part of our efforts to keep our
Website safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the
Website .
- Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
- To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
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Educators and Institutions Sites uses the Personal Information to deliver the Services for educational purposes. In delivering the Services, Sites may provide and disclose Personal Information to the User 's Educator and Institution and as otherwise directed by the Institution or the Educator. Educators and Institutions may export grade book information and other Course Data from the Services for the purpose of maintaining educational records.
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Evaluation Sites may use and disclose Personal Information, as requested or authorized by an Institution or by an applicable governmental educational agency or authority, for administrative, audit and evaluation purposes, such as to evaluate the educational efficacy and effectiveness of the Services.
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Improper Conduct Sites may use and disclose Personal Information of a User to the User 's Educator, Institution, law enforcement and other regulatory officials for the purpose of investigating and addressing suspected illegal conduct, misappropriation of password access, academic dishonesty or misconduct or any other conduct prohibited by law, the EULA or a User 's Educator, Institution or other applicable regulatory authority.
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Communications and User Feedback Sites may communicate with Users by email to provide updates and information about the Services and to request User evaluation and feedback about the Services. Sites will provide Users with a means to express email preferences or unsubscribe to emails in accordance with applicable law. Sites will only send transactional and operational emails permitted by applicable law to Users who have expressed a preference not to receive email.
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Marketing and Advertising Sites will not use Personal Information of any User for marketing purposes.
No Sale of Personal Information Sites does not sell or rent User Personal Information.
Some laws require us to explain our lawful reason for processing your personal information. We process personal information about you on the basis that it is:
- provided by you and necessary for the delivery of services you requested.
- in our or a third parties ' legitimate interests.
- to contact you via surveys to gather your feedback about the quality of the services you already use.
- to determine what Site services are the most popular.
- for internal research and development purposes and to improve, test and enhance the features and functions of our Sites and services.
- to enforce our terms and conditions.
- to protect our rights, privacy, safety, networks, systems and property, or those of other persons.
- for the prevention, detection or investigation of a crime or other breach of law or requirement, loss prevention or fraud.
- to comply with requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, including where they are outside your country of residence.
- in order to exercise our rights, and to defend ourselves from claims and to comply with laws and regulations that apply to us or third parties with whom we work.
- in order to participate in, or be the subject of, any sale, merger, acquisition, restructure, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
You have the right to opt out of being contacted via surveys for feedback at any time. You are also welcomed to contact us for further information on the legal grounds that we rely on in relation to any specific processing of your personal information.
Site does not process, collect, or use sensitive personal information, such as race, religion, or political affiliations, for any reason.
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Affiliates and Contractors Sites may disclose Personal Information to affiliated Sites companies and other companies and organizations who perform work for Sites under contract and are obligated to protect the privacy of Personal Information consistent with this Privacy Policy. All such third parties are prohibited from using your personal information except to provide these services to eFit Software, and they are required to maintain the confidentiality of your information, in compliance with applicable law.
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Other Circumstances Sites also may disclose or use Personal Information: (a) with the User 's consent (or, if a Youth User, with the consent of the Youth User 's parent); (b) in response to a subpoena, court order or legal process, to the extent permitted or required by law; (c) as required by law; (d) to protect the security and safety of the User and other persons, data, assets and systems, consistent with applicable law; (e) in connection with a sale, joint venture or other transfer of some or all of its company or its assets, subject to the commitment of the acquiring entity to comply with this Privacy Policy; (f) to investigate or address actual or suspected fraud or other illegal activities; or (g) in order to exercise its legal rights, including enforcement of the EULA or any applicable contract with the User or the User 's Educator or Institution.
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FERPA Data collected by Sites may include personally identifiable information from education records that are subject to the Family Educational Rights and Privacy Act, "FERPA", ("FERPA Records"). To the extent that Student Data includes FERPA Records, you designate Sites as a "School Official" (as that term is used in FERPA and its implementing regulations) under the direct control of the school with regard to the use and maintenance of the FERPA Records and Sites agrees to comply with FERPA.
Student Information Sites collects and maintains information about its student Users (Student Information) in order to fulfill legitimate educational interests. Sites complies with the Family Education Rights and Privacy Act of 1974 (FERPA) when collecting, maintaining, and disclosing student records. Sites Users have rights regarding their records, including the right to inspect, review, and request the amendment of incorrect records. Users Information is collected from a variety of sources, including but not limited to application materials submitted to Sites, faculty records, and through the learning management system student portal. Student Information generally includes the following: Demographic information including name, email address, date of birth; Student education records including grades and class enrollments; Consumer Health information, including heart rate if opted-in, number of steps, number of calories burned, nutritional consumption and; System usernames and passwords.
Sites use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the
Website , which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. Google user data is excluded from the vendor, marketing, and tracking uses described in this section: information we obtain from the Google APIs (Google Health) is never shared with analytics, advertising, marketing, or third-party tracking providers, and its use is governed solely by the "Google User Data and Limited Use" section above.
- Functionality and Infrastructure Optimization
- Invoice and Billing
- User Account Registration and Authentication
- Web Analytics
- Website Testing
Allow Users to Share Activity Data
Account Information
Log into your account settings and update your user account.
Contact us using the contact information provided.
The Fitbit and Google Fit app connections are being retired; eFit now connects to your activity data through Google Health. If you previously connected a Fitbit or Google Fit account, you can disconnect any remaining access from your Google Account permissions page (https://myaccount.google.com/permissions).
Log in to your account settings and update your user account.
If you have added consent to access your Google Health data, you can revoke this consent at any time from your Google Account permissions page: https://myaccount.google.com/permissions
eFit Software's use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.