Fitango - Privacy Policy

1. ACCESS TO AND USE OF THE SITE AND THE SERVICES

You represent and warrant that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, you affirm that you are over the age of 13, as the Site and Service are not intended for children under 13. If you are under 13 years of age, then please do not use the Site or Service.

2. COLLECTION OF PERSONAL INFORMATION

You acknowledge that Fitango may collect and process "personal information" (i.e. information that could be used to contact you, such as full name, user name and password, phone number or e-mail address) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning of our Service, such as your personal interests and preferences), in connection with the Service. Demographic and usage information may also include transactional information based on your activities on the Site; such information collected by Fitango may be stored and processed in the United States or any other country in which Fitango or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Fitango makes no representation or warranty with respect to any duty to permanently store any personal information you may provide.

When you purchase ActionplansTM or other services, and communicate with Experts (as defined in the Terms of Use) and other users, you may be asked to provide additional personal details, depending on the nature of activity, plan or service that you purchase or participate in. For example, you may be asked to provide your credit card details, or information related to other methods of payment (such as PayPal) and your log-in details to your account on other social network services. You may upload your personal information to the Service and share the information with Fitango, Experts and users of the Service. The personal details that you upload, including text, images and videos, may be accessible to other users and may appear in search results on the Service on our site. Fitango may collect additional information related to your use of the Service. For example, Fitango may record the frequency and scope of your use of the Service, the duration of your sessions, the web pages that you visit, the groups you joined, information that you read, ActionplansTM you purchased, content that you use or create, advertisements that you view or click on, your communications with other users and third parties on the Service, the Internet protocol (IP) address and the name of the domain that serve you to access the Service, and the geographic location of the computer system that you are using to log-in to the Service.

3. USE OF PERSONAL INFORMATION

When you use our site, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the Service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your Motivator list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.

Fitango uses your personal information to identify you and, in some cases, to improve and customize the content you see on the Site. Your personal information may also be aggregated and used by Fitango for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use or any applicable Rules, for other internal purposes, and as otherwise described to you at the time of collection. Fitango will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.

You agree that Fitango may use personal information about you to analyze website usage, improve or customize Fitango's Service, customize the Site's content, and as otherwise set forth in this Privacy Policy. You also agree that Fitango may use your personal information to contact you. Unless you specifically opt out, you also agree that Fitango may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site or the Service. By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.

Any personal information or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your name, including first name and last name, (not your email address) may be displayed to other users when you upload content or send messages through the Site. Based on your account settings, any content that you submit to the Site may be redistributed through the Internet and other media channels, and may be viewed by the general public.

4. DISCLOSURE OF PERSONAL INFORMATION

Except as expressly provided herein, absent your prior consent, Fitango does not share your personal information with any unrelated third parties. Additionally, Fitango does not permit unrelated third parties to perform "reverse searches" whereby they could identify users from email addresses. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Service:

• Advertisers. Fitango may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, Fitango does not disclose to these entities any information that could be used to identify you personally without your explicit consent.
• External Service Providers. There are a number of separate services offered by third parties that Fitango refers to as external service providers that may be complementary to your use of the Site or the Service. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, and for your convenience, Fitango may provide some of your personal information to an external service provider offering such services. To prevent Fitango's disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because Fitango does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
• Internal Service Providers. Fitango may use third parties that Fitango refers to as internal service providers to facilitate or outsource one or more aspects of Fitango's business, products and Service that Fitango provides to you and, therefore, Fitango may provide some of your personal information directly to these internal service providers (e.g. customer care). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.

Notwithstanding the foregoing, Fitango reserves the right, and you authorize Fitango, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when Fitango determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:

• you are or may be violating the Terms of Use, this Privacy Policy or any applicable Rules;
• you are interfering with Fitango's or a third party's rights or property;
• you are violating any applicable law, rule or regulation;
• it is necessary or required by any applicable law, rule or regulation; and/or
• is requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency;
• it is disclosed to any other third party with your prior consent to do so.

In addition, Fitango cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, Fitango may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although Fitango uses industry standard practices to protect your privacy, Fitango does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. However, Fitango shall use reasonable commercial and legal efforts to protect its users' information and to maintain the privacy and anonymity of Members and users.
In the event of a merger, acquisition, sale of substantially all of its assets or change of control of Fitango, personal information collected by Fitango about you will be considered a business asset and will be transferred to the applicable new entity.

5. NEWSLETTERS, NOTICES, ETC.

Fitango maintains a strict "no-spam" policy. If you register for the Service, you may receive Fitango's newsletter, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below.
You may unsubscribe from Fitango's electronic newsletters, notices and/or special offers at any time by following the instructions contained at the end of every such email, or if a third-party vendor provides Fitango's newsletter, in accordance with the instructions provided by such third party. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter to info@fitango.com with the word "UNSUBSCRIBE" in the Subject line and you will be removed within seven (7) business days. Please note that direct replies to any newsletter are processed by computer and are not always viewed by a human.

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. Fitango stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

We utilize an import contacts feature to help you keep in touch with your contacts, social networks and/ or other users. We make it easy for you to invite people from your email address books to join you on our Site. By manually entering your email address and password, or by entering your email address and password and selecting the relevant social network to which you are a Member, we can search your email address book to generate a list of your contacts. After the list is generated, you may select your email contacts who are already Fitango Members if you wish to connect with them through the Service, and Fitango will send them an email from the account info@fitango.com. Also, you may select your email contacts who are not yet Fitango Members if you wish to invite them to join the Service, and Fitango will send them an email from the account info@fitango.com.

You can log in to our site using sign-in services such as Facebook Connect. This service will authenticate your identity and provide you the option to share certain personal information with us such as your name and email. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

Our Site includes widgets, which are interactive mini-programs that run on our site to provide specific services. Personal information, such as your email address, may be collected through the widget. Cookies may also be set by the widget to enable it to function properly. Information collected by this widget is governed by the privacy policy of the Fitango that created it

6. COOKIES

"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer's hard drive. Fitango and third party advertisers may set and access cookies on your computer to track and store preferential information about you. Fitango and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within Fitango's internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.

7. ADVERTISING CAMPAIGNS

Fitango may permit, solicit or contract certain other companies to conduct advertising campaigns on the Service. The advertisements that you see when accessing the Service are redirected from the servers of those advertising companies. Some advertisers may use cookies on your computer. The cookies enable them to collect information about services that you have accessed, advertisements posted on those sites and the advertisements that you have viewed. In this manner advertisers try to customize advertisements to your preferences and for their own business purposes. The advertisers' use of cookies is subject to their own privacy policies and not to this Policy. If you wish to study the privacy policies of those advertisers you should visit their services, or contact them directly. At any time you may block advertisers' cookies by using your browser's settings. Please use the help button in your browser and follow the necessary instructions.

8. WEB BEACONS

Web Beacons, also known as pixel tags and clear GIFs, ("Web Beacons"), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view and a description of the page where the Web Beacons is placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on the Site. However, through Web Beacons, we may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Site.

• Internal use of Web Beacons. Fitango may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps Fitango personalize your experience when you visit the Site.
• Email. Fitango may include Web Beacons in HTML-formatted email messages that Fitango sends to you. Web Beacons in email messages helps Fitango determine your interest in and the effectiveness of such emails.
• External use of Web Beacons. Fitango may also use Web Beacons externally. For example, Fitango may report aggregate information about visitors, such as demographic and usage information, to its affiliates and other third parties. Fitango may also include other Fitango's Web Beacons within the Site.
• We use Google Analytics, a third-party tracking service, which uses cookies to track non-personally identifiable information about our visitors to our site in the aggregate to capture usage and volume statistics. Some of our business partners (e.g., Google Analytics) use cookies on our site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Fitango only and does not cover the use of cookies by any third-party.

9. SECURITY

Personal information you submit to Fitango is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises Fitango's security measures, Fitango will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information. Fitango implements systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although Fitango takes great efforts to protect your privacy, Fitango cannot guarantee and you cannot reasonably expect that the Service and the Service's databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse, or that your private communications on or through the Service will remain private.

10. LINKS TO OTHER WEBSITES

The Site may include links to third party websites and may integrate with third party websites. Such links are not an endorsement by Fitango of those websites and/or the products or services offered on those websites. Third party websites may have different privacy policies, and Fitango is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, or participate in a third party website in any way whatsoever through Fitango, Fitango encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy. Fitango makes no representations or warranties nor is Fitango responsible for the privacy policies of any websites other than the Site. If you decide to access any third party links appearing on the Site, you do so at your own risk.

11. TRANSMISSIONS, SUBMISSIONS AND POSTINGS

Fitango welcomes the submission of comments, information and feedback regarding the Site and the Services. However, Fitango does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of Fitango. Although Fitango does not regularly review your transmissions, submissions or postings, Fitango reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that Fitango may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use, this Privacy Policy and any applicable Rules, and that Fitango shall have the unrestricted right to use such information for any purpose and without compensation to you. As a function of our Web site, we offer publicly accessible message boards and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them, as accorded to your privacy setting options.

12. OTHER TERMS

To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review the Terms of Use.

13. CHANGES TO THIS PRIVACY POLICY

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

14. CHILDRENS' PRIVACY

Protecting the privacy of young children is especially important. For that reason, Fitango does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 13 years of age, and no part of our Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If Fitango learns that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, then Fitango will take the appropriate steps to delete this information.

15. SPECIAL NOTE TO INTERNATIONAL USERS

Fitango operates the Service and processes personal information on computer servers located in the United States. Fitango may process and store personal information on computer servers located in other jurisdictions, for back-up, redundancy and other purposes that Fitango deems necessary to the operation of the Service. If you are a User accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

16. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that Fitango is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users and Members as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

17. QUESTIONS OR CONCERNS

If you would like to review and update your personal information to ensure it is accurate, have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us via email: info@fitango.com

Fitango, Inc.,
119 W. 57th Street,
Penthouse North,
New York,
NY 10019

18. PRIVACY SETTINGS

Fitango provides adjustable privacy settings. You may adjust your privacy settings.