PRIVACY POLICY

Last updated May 29, 2019


Thank you for choosing to be part of our community at Technological Solutions ("we", "us", or "our"). We are committed to protecting your Personal Information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your Personal Information, please contact us at support@efit.software.

When you visit our website https://efit.health, and use our services, you trust us with your Personal Information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services.

This privacy policy applies to all information collected through our website (https://efit.health), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Sites").

Technological Solutions encourages you to review the privacy statements of Web sites you choose to link to from Technological Solutions so that you can understand how those Web sites collect, use and share your information. Technological Solutions is not responsible for the privacy statements or other content on Web sites outside of the Sites.

Please read this privacy policy carefully as it will help you make informed decisions about sharing your Personal Information with us.

 

TABLE OF CONTENTS 

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? 

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE? 

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES 

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO WE MAKE UPDATES TO THIS POLICY?

12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

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. Technological Solutions 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.

 

1. WHAT INFORMATION DO WE COLLECT? 

Personal information you disclose to us

In Short: We collect Personal Information that you provide to us such as name, address, contact information, passwords and security data. 

We collect Personal Information that you voluntarily provide to us when registering at the Sites expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites or otherwise contacting us.

The Personal Information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The Personal Information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, and other similar contact data. In some cases, we will collect your gender, height, and weight.

Credentials. We collect passwords, and similar security information used for authentication and account access.

Additional Information. To help improve your experience or enable certain features of the Sites, you may choose to provide us with additional information, like your logs for food, activity, weight, sleep, or water.

Course Data. Course Data means educational data collected, generated or processed through use of the Sites in connection with educational coursework. Course Data includes assignments, student coursework, responses to interactive exercises, assignments, scores, grades and instructor comments. Sites collects and processes Course Data in order to provide the Services to Users, Educators and Institutions for educational purposes.

If you contact us, we collect the information you submit such as your name, contact information, and message.

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.

All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.

Information automatically collected

In Short: Some information - such as IP address and/or browser and device characteristics - is collected automatically when you visit our Sites.

We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookies Policy: https://app.termly.io/document/cookie-policy/9183bf63-5951-40dd-8e38-e470821eb95d.

Information collected from other sources

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: activity tracking portals such as Fitbit, Google Fit, Apple, Garmin, etc. 

2. HOW DO WE USE YOUR INFORMATION? 

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use Personal Information collected via our Sites for a variety of business purposes described below.
We process your Personal Information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. 

We use the information we collect or receive:

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 Sites. We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).

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.

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.

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.

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.

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:

You have the right to opt out of receiving information about products or services available from Technological Solutions, or from being contacted via surveys to conduct research. 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.

Technological Solutions does not process, collect, or use sensitive personal information, such as race, religion, or political affiliations, for any reason.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE? 

In Short:  We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations. 

We may process or share data based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your Personal Information in 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.

More specifically, we may need to process your data or share your Personal Information in the following situations: 

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 Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. All such third parties are prohibited from using your personal information except to provide these services to Technological Solutions, and they are required to maintain the confidentiality of your information, in compliance with applicable law. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. 

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, subject to the commitment of the acquiring entity to comply with this Privacy Policy.

4. WHO WILL YOUR INFORMATION BE SHARED WITH? 

In Short: We only share information with the following third parties. We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.

Invoice and Billing

User Account Registration and Authentication

Web and Mobile Analytics

Website Testing

Allow Users to Share Activity Data

 

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 Technological Solutions, and they are required to maintain the confidentiality of your information, in compliance with applicable law.

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.

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:

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? 

In Short: We may use cookies and other tracking technologies to collect and store your information.

Technogical Solutions ' Sites use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Technological Solutions pages, or register with Technological Solutions site or services, a cookie helps Technological Solutions to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Technological Solutions Site, the information you previously provided can be retrieved, so you can easily use the Technological Solutions features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Technological Solutions ' services or Sites you visit.

Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy: https://app.termly.io/document/cookie-policy/9183bf63-5951-40dd-8e38-e470821eb95d

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your Personal Information for longer than 1 year past the termination of the user's account.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

We may create de-identified or anonymous data from personal data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your Personal Information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Sites is at your own risk. You should only access the services within a secure environment.

Your personal information may be stored and processed outside of your home country, including in countries that may not offer the same level of protection for your personal information as your home country. Technological Solutions has put measures in place to ensure that when your personal information is transferred internationally, it is subject to appropriate safeguards in accordance with data protection laws, including contractual safeguards. Technological Solutions engages third parties like cloud hosting services, suppliers and technology support located around the world to serve the needs of our business, workforce and customers. Technological Solutions takes appropriate steps to ensure that personal information is processed, secured and transferred according to applicable law (including Articles 44 to 50 of the EU General Data Protection Regulation). If you would like to know more about our data transfer practices and obtain copies of any relevant safeguarding measures, please contact Technological Solutions at support@efit.software.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are resident in the European Economic Area and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites . For further information, please see our Cookie Policy: https://app.termly.io/document/cookie-policy/9183bf63-5951-40dd-8e38-e470821eb95d

Opting out of emails: You can unsubscribe from our email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the email list - however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy. 

10. YOUR RIGHTS REGARDING PERSONAL INFORMATION

You may contact Technological Solutions at support@efit.software to exercise any of the following actions:

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your Personal Information. 

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. 

If you are under 18 years of age, reside in California, and have a registered account with the Sites, you have the right to request removal of unwanted data that you publicly post on the Sites. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites, but please be aware that the data may not be completely or comprehensively removed from our systems.

11. DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information. 

12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may email us at support@efit.software or by post to:

Technological Solutions, 1113 Vine St., Suite 140 Houston, TX 77002 United States

 

How can you review, update, or delete the data we collect from you?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.