1. Disclaimer & Privacy Policy.
This privacy policy (the “Privacy Policy”) covers the FITiST website (the “Site”). Please read below to review our Privacy Policy and the types of information we gather through the Site. In this Privacy Policy, “we”, “us”, “our” and other similar references mean FITiST and “you” and “your” and other similar references mean a specific user of the Site. By visiting the Site, you accept the practices described in this Privacy Policy.
2. How FITiST Gathers and Uses Information
Cookies. A cookie is a tiny piece of data stored by a user's browser that helps a web site or service recognize that user's unique computer. You can remove or block cookies by changing the settings of your browser
Session Cookies. Websites typically use temporary cookies called “session” cookies to ensure that you are recognized when you move from page to page within one site and that any information you have entered is remembered. Session specific cookies may be used on the Site to improve the user experience and for basic web metrics. These cookies expire in a very short time frame or when a browser window closes. For example, if an e-commerce site did not use session cookies then items placed in a shopping basket would disappear by the time you reach the checkout.
Persistent Cookies. Websites also use cookies called “persistent” cookies to enable a website to remember you on subsequent visits, speeding up or enhancing your experience of services or functions offered.
FITiST attempts to install both persistent and session cookies when a user arrives at our Site. Cookies enable our systems to gather information about your navigational patterns through the Site. Viewers have the option to accept or disable cookies at any time through their browsers. If you block or refuse to accept cookies, or delete cookies between visits to the Site, you may not be able to access or use certain features or functions of our Site.
Server Statistics. We collect general statistics to track user trends on our Site. These statistics include hits to our server, the types of browsers used to access our Site, page views, and navigational patterns. The information that is collected in this manner does NOT provide us with any personally identifiable information about our users. It helps us track “where” our users are coming from. This allows us to pinpoint high traffic areas and determine the most effective ways to communicate with our users. As part of that ongoing analysis, FITiST also uses devices called “web beacons” to help us identify when emails sent to you have been received and read. In order to prevent the introduction of viruses and hackers into the Site we may collect information, such as IP addresses, into a log file to be used to identify potential hackers of the Site
Personal Information You Provide To FITiST. For the purposes of this Privacy Policy, "Personal Information" is any information that identifies you, would enable someone to contact you, or that describes your relationship with FITiST. We collect and store Personal Information when you register to use our Site, ask a question, complete a form, conduct a transaction, or send us an email. While you are not required to submit any information to our Site, if you do not provide the requested information, you may not be able to access or use some of the features and functions of our Site and we may not be able to provide you with certain services. FITiST uses your Personal Information to complete transactions, respond to your requests, deliver the products and services you request, and notify you of promotions, updates, or special offers (which may be offered by FITiST via email) that we think may interest you. If you are already receiving FITiST.com emails and no longer wish to receive such communications, simply follow the "unsubscribe" instructions that appear in every FITiST.com e-email
Disclosure for Legal Purposes. We may be required to share your Personal Information and non-personal information pursuant to judicial or governmental subpoenas, warrants, or orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we reserve the right to use, disclose, and/or share your Personal Information and non-personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Site's Terms of Service, to protect and defend our rights or property or the rights or property of other users of our Site, to act in an emergency to protect the personal safety of users of our Site or the public, or as otherwise required by law.
Advertisers/Third Parties. Advertisers or third parties may use cookies and/or web beacons to collect non-personally identifiable information about your visits to the Site and other websites in order to provide advertisements about goods and services of interest to you.
3. Security Procedures FITiST Uses To Protect Personal Information.
We use physical, electronic, and administrative safeguards to assist us in preventing unauthorized access, maintaining data accuracy, and correctly using your Personal Information. Except as specified in this Privacy Policy, we use commercially reasonable efforts to limit access to your Personal Information to the employees, agents, and officers of FITiST who need the information for their jobs.
4. FITiST’s Disclosure of Personal Information To Outside Parties.
FITiST may share your Personal Information with its subsidiaries and other affiliated companies, and with other carefully selected vendors and business partners with whom we work (collectively, "Site Affiliates"). This includes companies that offer affinity, frequent-user, and reward programs; and, companies that perform marketing services and other business operations for us (including providing goods and services to our users, as necessary to complete transactions you request). All companies that act on our behalf are contractually obligated to keep all Personal Information confidential and to use such Personal Information only to provide the services we ask them to perform for you and us We may provide aggregate statistics about our customers, sales, traffic patterns and related Site information to reputable third party vendors, but these statistics do not include Personal Information. On a limited basis, we may also disclose your Personal Information to certain Site Affiliates for their use in contacting you, when we reasonably believe their products or services are complementary to your interests or FITiST’s business
5. External Links. Other companies or organizations may have links to their sites on our Site.
We are not responsible for how these other companies or organizations collect, use, disclose, or secure the information that you provide them. If you choose to access a third party site linked to our Site (note that such sites may include third party’s site]), you do so at your own risk and are subject to any terms of service or privacy policy (if any) associated with such third party sites.
6. Collection Of Information From Children.
FITiST does not direct any of our content specifically to children. Users of our Site are required to be at least 18 years old, and any user under 18 is not an authorized user. Because of federal law, we cannot knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent. If we learn that a user is under thirteen (13) years of age, we will promptly delete any Personal Information we have collected about that user.
7. Consent To Processing In The United States.
By providing any Personal Information to FITiST, all users, including, without limitation, users in Canada and the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the transfer of such Personal Information across international borders in accordance with FITiST’s standard operations, including the collection, storage, and processing of such information in the United States of America.
8. California Consumer Privacy Rights.
As provided by California Civil Code Section 1798.83, a California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy]. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right. Except as expressly stated in this Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure -- typically by opting in to receive information from a third party that is participating in some activity described on our Site. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific activity, as we do not share information with any third party on a continual basis. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to such use when you provide Personal Information on our Site. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.
California customers may request further information about our compliance with this law by emailing CaliforniaPrivacy@FITiST.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
9. Modification And Notification Of Changes.
FITiST may at our sole discretion edit this Privacy Policy. If we make an important change to this Privacy Policy, we will post a notification and link on our homepage so that you can review the updated policy.
10. Privacy Commitment, Contact Us.
FITiST is committed to protecting your privacy. The information collected from our Site helps us better understand our market and consumer interests. This allows us to serve our customers and business associates with the level of satisfaction they deserve.
If you have questions or suggestions regarding this Privacy Policy or our privacy practices you can contact us at:
FITiST, Inc.
Privacy Administrator
130 West 19th Street
New York, NY 10011
Or send an email to privacy@FITiST.com
Historical Modifications
4/18/11: Initial version posted