Privacy Policy

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1.  Hello again

By now you’ve read our Terms of Service.

If you haven’t, shame on you.  You have to read them and agree to them along with this Privacy Policy, so please do so now.  Ok, done?  Great.  Let’s move on.

 

2.  The meaning of words, as explained by other words

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them.  The following is a non-exhaustive list of definitions of words and phrases found in this document:

  • “App(s)” refers to our mobile applications made available to you through Apple iTunes or Google Play or Android Marketplace, including the Nexercise App and the Sworkit App;
  • “Nexercise” refers to our company, known as “Nexercise, Inc.”; our Site; our Apps; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
  • “Privacy Policy” refers to this Privacy Policy (pretty self-explanatory, right?);
  • “Service” refers to the services that we provide, including our Apps, our Site, and referring you to third parties that provide good and services you may be interested in;
  • “Site” refers to any website controlled by us where this privacy policy appears, including www.nexercise.com and www.sworkit.com;
  • “User” refers to users of our Apps and visitors to our Site;
  • “You,” as in, “Hey, you!” refers to you, the person who is governed by this Privacy Policy.

 

3.  Information Collected

“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

Information You Provide to Us.

  • We may collect Personal Data from you, such as yourfirst and last name, gender, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network (“Account”).
  • If you use our Services on your mobile device, including through our App(s), we may collect your phone number and the unique device id number.
  • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either uninstall the App(s) or deactivate GPS on your mobile device.
  • When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
  • Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
  • When you order products or services on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
  • We retain information on your behalf, such as files and messages that you store using your Account.
  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. This information may be shared with third parties who help process and fulfill your purchases. When you submit credit card numbers, we encrypt that information using industry standard technology.
  • When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site or in our Apps, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make available on your profile page (“Profile”). The information that you provide in your Profile will be visible to the other users that you choose to connect with through the Site or App(s).
  • When you post messages on the message boards of our Site or App(s), the information contained in your posting will be stored on our servers and other users will be able to see it.
  • When you participate in one of our surveys, we may collect additional profile information.
  • We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.
  • If you participate in a sweepstakes, contest or giveaway on our Site or through our App(s), we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.

Information You Provide to Facebook and Other Social Networking Sites. The Services allow users to access Facebook to interact with friends and to share on Facebook through Wall and friends’ News Feeds. If you are already logged into the Services and Facebook or another SNS, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to merge your profiles. If you are already logged into the Services but not logged into Facebook or another SNS that we support, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to enter your SNS credentials or to “Sign Up” for the SNS. By proceeding, you are allowing the Services to access your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services. Conversely, if you are not currently registered as a user of the Services, and you click on “Sign in” using Facebook or another SNS that we support, you will first be asked to enter your Facebook or SNS credentials and then be given the option to register for the Services. In this case, we may receive information from Facebook or another SNS to make it easier for you to create an Account on the Site and show our relevant content from your Facebook or SNS friends. Once you register on the Site and connect with Facebook or another SNS, you will be able to automatically post recent activity back to Facebook or the other SNS. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. You have the option to disable Facebook Connect at any time by logging into your Account through the Site and going to settings, “About Me,” “Linked Accounts,” and then unselecting “Facebook.” Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect your Services activity stream by visiting the Facebook Applications Settings page.

Information Collected via Technology.

  • Information Collected by Our Servers. To make our Site, Apps and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including yourbrowser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site and Apps, track users’ movements around the Site and Apps, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site, our Apps or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
  • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
  • Mobile Services. We may also collect non-Personal Data from your mobile device if you have downloaded our App(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App(s), and information about the type of device you use. In addition, in the event our App(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App(s). This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
  • Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Information Collected from You About Others. If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and e-mail addresses as required above. You or the third party may contact us at [email protected] to request the removal of this information from our database. As part of your use of the Services, we provide you the opportunity to connect automatically with your friends. We employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including Facebook Friends and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, call log and SMS log, and import your contacts’ names, e-mail addresses, phone numbers, image, geographic location and Facebook IDs to facilitate automatic connection with your friends.We do this only for contact matching to help your friends and you find each other. Also, when you invite friends to the Services, we will access your Address Book and we will import your contacts names and phone numbers in order to facilitate the invitation. The e-mail that is sent to your friends will come from your e-mail address so that your friends know that you want to invite them to visit the Site. We do not store any passwords you provide as part of the contact import process. We also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone’s carrier, mobile network code and mobile country code.

Google ID. We allow you to use your Google ID to set up an Account. If you wish to use your Google account you are taken to the Google website to login to your account and this information is then shared with us for the sole purpose of setting up your Account.

Location Information.  If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location.  If you do not want this information collected by us, you can disable location services on your phone.

4.  Use of Your Information 

General Usage. We may use your information to:

  • Provide the Services you request.
  • Enhance or improve user experience, our Site, our Apps, or our Services.
  • Send e-mails about our Site or our Apps, or respond to inquiries.
  • Send e-mails and updates about Nexercise or third parties (only stuff we think is good; no letters from Nigerian princes who need your online banking passwords and a high resolution copy of your signature to give you a million dollars).

User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

5.  Third Party Websites and Apps

Nexercise or one of its illustrious Users may post links to third party websites or apps on its Site or in its Apps.  These third party websites and apps are not screened for privacy or security issues by Nexercise, and you release us from any liability for the conduct of these third party websites or apps.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any Personal Data relating to members of the Service or Site or App.  Nexercise bears no responsibility for the information collected or used by any advertiser or third party website or app.  We know it’s about as exciting as watching two snails race, but please review the privacy policy and terms of service for each site or app you visit through third party links.

6.  Third Party Access to Your Information

Our Third Party Service Providers. Believe it or not, Nexercise is not all-powerful and cannot fix all of its own server issues or do all of its own repairs and upgrades.  Although you are entering into an Agreement with Nexercise to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information.  For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website or App.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy.  For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or App or their underlying files or systems.

We try not to hire computer repairmen with eye patches and prison tattoos, but we still can’t be 100% sure of their background.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Third Parties Designated by You. When you use the Services, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates. Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by going to your account settings and changing your publishing options.

Users. We will share your Personal Data with other Users solely for the purpose of providing the Services.

Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

Social Networking Sites. Some of our Apps and Services may enable you to post content to SNSs (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

Disclosure to Third Party Companies. We may enter into agreements with companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our website (“Third Party Companies”). A Third Party Company may want access to Personal Data that we collect from its customers.

AS A RESULT, WE MAY PROVIDE YOUR PERSONAL DATA TO A THIRD PARTY COMPANY. BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL DATA TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING [email protected] PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.

Profile. Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Services, most of the Personal Data you explicitly provide to us when you register or update your Profile is displayed on your Profile. Once displayed on your Profile, that information can be collected and used by your friends. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Data in your posts. Once you have posted information, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).

Legal Purposes. Sometimes the feds or the KGB or someone with a Junior Detective badge from a cereal box may try to get your information from us.  We’ll try to weed out the flakes, but if someone appears to have a bona fide legal dispute with you (like they’re the po-po or a plaintiff in a case or potential plaintiff in a case against you), we’ll probably spill the beans about you.  Please make sure you use our Service only for legal purposes and this shouldn’t be a big deal.

7.  Yes, we do take no for an answer

Email. By providing information to the Site and the App that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Nexercise since, by providing such information, you agree to receive communication from us and anyone else covered under this Privacy Policy. However, we’re not a company with nothing other than a P.O. Box in Moscow as our contact information, and if you ask us to remove you from our list, we’ll be happy to do it. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.

Changing or Deleting Your Personal Data You may change any of your Personal Data in your Account by editing your profile within your Account or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.

Applications. You can stop all collection of information by the App(s) by uninstalling the App(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

8.  Security Measures

We take certain measures to enhance the security of our Site, our Apps, and Service, such as the use of SSL Certificates and letting the mole people guard our servers deep under the earth’s crust.   However, we make no representations as to the security or privacy of your information.  It is in our interest to keep our website and App secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

9.  Minors

If you’re under 13, and you’ve already read our Terms of Service, you should know better.  Go away!  Congress says exercise is dangerous for you, and we cannot fight Congress.

If you become aware of a minor using our Service, please report them so we can tell their principal on them and make them write “I WILL NOT IGNORE NEXERCISE’S TERMS OF SERVICE” on the chalkboard fifty times.  If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site, our App, and/or Service.

10.  International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Nexercise transfers Personal Data on a big oil tanker containing bits and bytes to the United States and processes it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

11.  Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time.  When we amend this Privacy Policy, we will update this page and we will notify you by sending an e-mail to the last e-mail address you provided to us.  Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Apps, Site or Service, following notice of such changes means that you agree with those changes.

12. Questions; Contacting Us; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or phone number:

 

Nexercise
Attn: Legal
155 Gibbs Street, Suite 553, Rockville, MD 20850
301.502.1609

 

Last Modified:  August 5, 2014

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