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” refers to our Nexercise software made available for you through Apple iTunes or Google Play or Amazon Marketplace;
  • “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 App, our Site, and referring you to a third party apparel provider;
  • “Site” refers to our website,;
  • “App” refers to our mobile applications;
  • “User” refers to users of our App 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

Identifying Information

We collect certain personal information when you sign up to our Service that can be used to identify you, such as your name, e-mail address, unique device ID, Facebook profile, location data, exercise information, Twitter profile, Foursquare profile, Runkeeper profile, and any other information we deem relevant to providing you with our Service, including but not limited to the kitchen sink.  The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.

Non-Identifying Information

Whenever you visit our Site or use our App, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider.  Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or some sort of Jedi mind-reading trick, this information alone cannot usually be used to identify you.

4.  Use of Your Information

We may use your information to:

  • Enhance or improve User experience, our Site, our App, or our Service.
  • Send e-mails about our Site or our App, 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).
  • Aggregate information about exercise habits, without your personal information, to use ourselves or sell to third parties, whether it’s for science, marketing, or some sort of Guinness Book of World Records attempt.
  • Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site, our App, or Service.

5.  Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into and editing their account.  Although most changes may occur immediately, information may still be stored in a web browser’s cache.  We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such.  In addition, we may, from time to time, retain residual information about you in our backup and/or database.

We can’t stop creepy people from copying and saving anything you make public, even if you delete it after, so please don’t make anything public unless you want it to be public forever.

6.  Cookies

We use cookies to remember preferences, track ads, and feed to Santa when he brings us presents.  For these reasons, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.

7.  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 information 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.

8.  Third Party Access to Your Information

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.

9.  Release of Your Information for 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.

10.  Yes, we do take no for an answer

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.

11.  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.

12.  Your Rights in the Golden State

Nexercise doesn’t want California to feel left out, so we’ll let its residents use our App.  We comply with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes.  In summary, you must presume that we collect electronic information from all visitors.  You may contact us at [email protected] with any questions.

13.  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.

14.  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 Information 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.

15.  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.  You must read this page each time you use our Service and let us know if you disagree with the amendments.

Last Modified:  March 28, 2013

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