Privacy Policy
Your privacy is important to Nexercise Inc.. This privacy policy and agreement (“Privacy Policy”) covers how we collect, use, and treat personal information that you may provide through our website (the “Website” or the “Site”) or while participating in the NEXERCISE services and rewards through your mobile devices (the “Services”).
The terms “you” and “your” refer to (i) casual visitors to our Site, who do not participate in the Services (“Site Visitors”), and (ii) users who download our application (the “App”) to use our Services on a mobile device, and who participate in the rewards program we have developed (“Registered Users”). The terms “Nexercise” “we” and “us” refer to Nexercise, Inc.
1. Your Consent
By accessing and using our Website as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it, and to all posted amendments to it. If you download our App, or otherwise use our Services, use of the App or Services confirms your agreement to be bound by this Privacy Policy and to all posted amendments to it. If you do not agree with the terms of this Privacy Policy, please refrain from using our Site and discontinue use of the App and the Services.
2. The Types Of Information You May Provide
Information you may provide while visiting our Site or while participating in our Services falls into three broad categories: (i) personally identifiable information, (ii) anonymous information, and (iii) location information. We use the term “Personally Identifiable Information” to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, telephone number or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you, and may include statistical information concerning, for example, use of our Services, types of exercises performed, or the rewards redeemed by our users in aggregate. “Location Information” includes certain geographic location and other information relating to your mobile device. You may remain anonymous while using the App; however, you will not be able to participate in a number of the Services. If you choose not to remain anonymous, you cannot “revert” back to being anonymous.
3. How We Collect Information and What We Do With the Information
3.1 Site Visitors. As a Site Visitor, you decide whether you wish to provide us with Personally Identifiable Information. When you engage in certain activities on the Website, such as participating in a beta product or service from us or our partners, filling out a survey, or requesting information about our services, we may ask you to provide Personally Identifiable Information. We will use the information to respond to your communications, to administer the programs or Services for which the information is collected, to resolve disputes, contact you to send you notices, and for internal purposes. Additionally, we may share such Personally Identifiable Information with third parties in accordance with other applicable provisions of this Policy.
3.2 Registered Users. If you register for certain of our Services or download our App, you may be asked to provide certain demographic data and Personally Identifiable Information about yourself. To provide the mobile features of the Services, we derive location information from your wireless carrier, certain third-party service providers, or directly from the mobile device that you used to register with Nexercise. This location tracking of your mobile device occurs only when the Nexercise mobile application is actively open and running. You are not required to use this portion of the Service. If you use the mobile features of the Services, you are consenting to: (a) the use of your phone’s location to provide Nexercise Services to you, (and the display and disclosure of that location information to any Nexercise friends you identify via the Services and within your geo-tagged messages and content); and (b) receipt of text messages from the Services. We will use Personally Identifiable Information in connection with providing the Services to you, and for internal purposes, such as improving the Services. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, and contact you. Additionally, we may share such Personally Identifiable Information with third parties as permitted by this Policy.
3.3 Informational Notices and Bulletins. Periodically, we may choose to send news, bulletins, marketing materials, or other information to Registered Users, and will use Personally Identifiable Information to send such communications. If you remain anonymous when using the App, you will not receive such communications. If you choose to use the full Services by providing Personally Identifiable Information, you agree we may provide such communications; in order opt out of receiving these communications you are required to delete your account, and all data in the account, and these actions will limit the benefits your receive as part of the Services.
4. Anonymous, Aggregate Information collected during usage of the Services
When you utilize our Site or our Services, a log of the types of activities and information are recorded in our server log files, such as IP addresses, browser types, date/time stamps and the like. We may also collect information such as zip or area codes, demographic information, information relating to the use of the Services and other Anonymous Information. We may use Anonymous Information to analyze the effectiveness of our Site, to improve our Services, and for other similar purposes. In addition, we may share Anonymous Information with third parties, including, without limitation, advertisers and our rewards partners. Anonymous Information provided to third parties will not allow anyone to identify you individually. If Anonymous Information is combined with Personally Identifiable Information, we will treat such combined information as Personally Identifiable Information.
4.1 Cookies. We may use cookies and other technologies as they become available. A cookie is a small text file that is stored on a user’s computer or mobile device for record-keeping purposes which contains information about that user. Cookies also allow us to collect non-personally identifiable information from you, such as which pages you visited and what links you clicked on, and to personalize the Services and information provided via the Services. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Services may not work properly.
4.2 Other Tracking Devices. We may use other industry standard technologies like pixel tags and web beacons to track your use of our Website pages and promotions, or we may allow our third party service providers and rewards partners to use these devices on our behalf, subject to the Nexercise Policies. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our other communications that allow us to determine whether you have performed a specific action. When you access these pages or open our communication, pixel tags and web beacons generate a non-personally identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website and through our App, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or reward partners for the same purposes.
4.3 Third Parties. In addition, we may use third party advertising and rewards partners to display advertisements on our Website. As part of their service, they may place separate cookies on your computer. If you link to any another website or social network using your computer or mobile devise, you will be subject to the policies or practices of such third parties. This Privacy Policy covers the our Website and Services only and does not cover the third party sites or services. Please note the reward partners are not our “partners” in the legal sense, and we do not assume any responsibility for the actions or obligations of such reward partners.
5. Sharing via Social Networks
The Services allow Registered Users to access certain social networks to interact with friends and to share information about your activities. For example, when you have the Nexercise App running on your mobile phone, Nexercise shows your phone’s current geo-location to your selected Nexercise friends, as controlled by your privacy settings. You decide whether to participate in these interactive features, and will have options to disable these features if you decide not to continue with these features. Nexercise is not responsible for the personally identifiable, profile, or location information that you choose to disclose publicly or share via the Services or on any social network, blog or other third party service. If you remove information that you posted to such third party services via the Nexercise Service, copies may remain viewable in cached and archived pages, or if other persons have copied or saved that information.
6. We Do Not Disclose Personally Identifiable Information to Unaffiliated Third Parties; Limited Exceptions
We may choose to rely on and share information with companies closely related to us – our “Affiliates” — for certain purposes under this Privacy Policy. We will not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the following limited circumstances:
6.1 Our Vendors. We may employ other companies to perform functions on our behalf, such as hosting or maintaining the Website, and providing services related to the Site and the Services. We may need to share your Personally Identifiable Information with these companies, but we will have them commit not to use your Personally Identifiable Information for any purpose other than providing such services and/or products.
6.2 Question of Harm. We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (a) that you may be at risk of harm from another, or (b) that you may be harming or interfering (or will harm or interfere) with others or violating (either intentionally or unintentionally) our Terms and Conditions of Use or this Privacy Policy, or (c) you may be otherwise violating legal rights.
6.3 Legal. We will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by law.
6.4 Transfer. We shall be entitled to transfer to a third party information we collect, including any Personally Identifiable Information, in connection with a sale of all or substantially all of the assets of the business entity responsible for the information under this Policy, or merger, reorganization, sale or other transfer of the business unit involved in providing the Services.
7. Children’s Privacy
Nexercise does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on Nexercise. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as practicable.
8. How we protect your information
We take security measures to protect against unauthorized access to and unauthorized disclosure or use of the personally identifiable information you provide to us. We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our Services, and to the disclosures permitted by this Policy. Please understand, though, due to the nature of Internet communications and evolving technologies, we do not guarantee that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
9. Opting Out; Access; Keeping your personal information up-to-date
9.1. Access to Account Information. When using the Services we provide with tools to keep you personal information up to date. We make a concerted effort to ensure that this data is available for you to keep accurate or remove (delete) at your request if it is not deemed to be retained for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes). In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
9.2. Opt-Out. If you choose to use the full Services by providing Personally Identifiable Information, you agree we may provide such communications; in order opt out of receiving these communications you are required to delete your account, and all data in the account, and these actions will limit the benefits your receive as part of the Services. Please understand that you will not be allowed to “opt–out” of formal notices concerning operation of this Website, and legal and other related notices concerning the Services.
9.3. Deleting Information. Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website and any associated Services. De-identified, anonymous, or aggregate data will not be removed from our databases.
10. Compliance and Enforcement of the Policy
If you have any concerns related to our safeguarding of you information, you make contact us via email at support@nexercise.com or via standard mail at the following address Nexercise, Inc. , 8070 Georgia Avenue, Suite 403, Silver Spring, Maryland 20910. It our policy to contact anyone who makes email contact or formal contact to address any concerns that are expressed.
11. Changes to this Policy
We reserve the right to change this privacy policy from time to time as we consider necessary for our updates to the service and business mission. When changes occur, they will be posted and will be made publicly available on this page. Your use of our Site and continued use of the Services following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed.
12. Relationship to Terms of Use
This Privacy Policy must be read in conjunction with our Terms and Conditions of Use, and the provisions of our Terms and Conditions of Use are incorporated herein.
13. Contact Us
If you have any questions about this Privacy Policy, please contact us:
By e-mail at: Support @nexercise.com
By mail at: Nexercise, Inc., 8070 Georgia Avenue, Suite 403, Silver Spring, Maryland 20910.
14. Effective Date/Version
The effective date and version of this Privacy Policy is 1/1/2011.
