FITBIT PRIVACY PLEDGE Our goal is to help people live healthier, more active lives. Our products and services provide instant access to health and fitness data so you can track your progress, push your goals and take control of your health. As we build these tools, we are committed to the principles of respecting your privacy, keeping your data safe, and letting you decide how your information is used and shared. This is our Privacy pledge: We will only collect data that is useful to improving Fitbit products, services and your experience. We will be transparent about our data practices and will explain them in clear language; We will never sell your data, and will only share personally identifiable data when you direct us to (or under the circumstances outlined in our Privacy Policy). We will always take the security of your data seriously. To learn more about the data we collect, how that data is used, and the ways it can be shared both by us and by you, please read our Privacy Policy below. Or, if you have any questions, contact us. FITBIT PRIVACY POLICY AUGUST 10, 2014 Fitbit designs products and tools that track everyday health and fitness to empower and inspire users to lead healthier, more active lives. This privacy policy applies to our personal fitness and electronic body monitoring products (“Devices”), our websites located at www.fitbit.com, corporate.fitbit.com, dev.fitbit.com, community.fitbit.com, and help.fitbit.com (individually a “Site” and collectively “Sites”), the Fitbit Connect software (“Software”) and Fitbit mobile applications for iPhone OS and Android OS (each an “App” and together the “Apps”). The Devices, Sites, Software and Apps are collectively referred to in this privacy policy as the “Fitbit Service”. Because we’re always looking for new and innovative ways to help you achieve your fitness goals, this policy may change over time. If any modifications substantially change your rights under this policy, we will send you an email where possible, and always provide notice on the Site. And remember, we’re here to help. If something in this policy does not make sense or if you have any questions, please contact us. WHAT DATA DOES FITBIT COLLECT? When You Activate A Fitbit Device When activating a Fitbit device, you will be asked to download the Fitbit App or install Software and enter information about yourself, such as height, weight and gender. We use this information to determine your personalized fitness stats– for example, calories burned and distance traveled. Depending upon the specific Device you use, it can collect the number of steps you take, your weight, measure your sleep quality and transmit this data to Fitbit. To see the full list of data that your Device collects, visit our Product Specifications page. When You Create A Fitbit Account If you want to access data collected by your Device from the Fitbit App, you must create a Fitbit account. When you create a Fitbit account, we ask for some personal information, including your email address and date of birth. You will also have the option to create your Fitbit account using a different credential like your Facebook or Google+ account. If you choose to do so, we will ask permission to access basic information from that account, like your name, profile picture, and friend list. You can stop sharing that information with us at any time by removing Fitbit’s access to that account. We will access your phone’s contact list for the purpose of letting you identify contacts who are Fitbit users. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose. When You Add Information To Your Account You can customize your Fitbit experience by adding other types of information to your account, such as by adding a food log or by setting an alarm, personalizing your profile with photos, participating in discussion boards, or sending messages to your Fitbit friends. Whenever you add this type of data, we collect it and store it with your other account information. When You Visit A Site Fitbit collects some data from everyone who visits our website— even if you don’t have a Fitbit account. Whenever you visit a Site, we collect industry standard log data that records information about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address from the pages you visited. We use this type of information to provide you with information that’s relevant to your location and to make sure the Site is working properly. We also collect data from cookies. To see the full list cookies we use and how we use them, please read our Cookie Policy. When You Sync Your Device When you sync your device, data about your activity is transferred from your device to our servers. This data is stored and used to provide the Fitbit Service. Each time a sync occurs, we also log data about the transmission. Some examples of the log data are the sync time and date, device battery level, and the IP address used when syncing. When You Make Purchases From Our Store If you are logged into your Fitbit account when you purchase something on our site, we associate that order with your account. We also store your shipping address so we can process your order through our fulfillment partner. We do not, however, view or store your credit card information. This is handled by our third-party payment processor. If you are not logged into your account at the time of purchase, we do not associate that data with your Fitbit account, however we save the data so that we can provide customer service related to the purchase. When You Contact Us For Help Whenever you contact Fitbit for help, we collect your name and email address along with any additional information you provide in your request and store it on our servers in order to provide you with customer service and to improve the Fitbit Service. If you contact us when you are already logged in to your account, the web form automatically pre-fills in certain information, so you don’t have to type it manually. You can also contact Fitbit through public forums such as Twitter or Facebook; however, we cannot maintain the privacy of your communication to us if you contact us through these channels. When You Add Friends To help you stay motivated on your fitness journey, Fitbit lets you add friends who are already Fitbit users or invite friends who have not yet joined. You can add friends in several ways, such as by providing their email addresses, by accessing social networking accounts such as Facebook, or from the contact list on your phone. When you share your friends’ contact information with us to add them as a friend, we will only use it for this purpose. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose. When You Activate Location Features Location features such as mapping are only available if you activate them. When active, Fitbit collects data like GPS signals, device sensors, Wi-Fi access points, and cell tower IDs to determine your specific location. We store this information along with your other account information in order to provide you with location features. If you are using a mapping feature, we will send your location information to our mapping service provider so they can display your location on a map. They are contractually prevented from sharing or using this data for any other purpose. You can deactivate these features at any time and Fitbit will stop collecting this type of information. HOW WE USE YOUR DATA Fitbit uses your data to provide you with the best experience possible, to help you make the most of your fitness, and to improve and protect Fitbit. Here are some examples: Height, weight, gender and age is used to estimate the number of calories you burn. Contact information is used to send you account notifications, allow other Fitbit users to add you as a friend, and to inform you about new features or products we think you would be interested in. Your data is used for research to understand and improve Fitbit products and services. Logs and other data are used to troubleshoot Fitbit services; detect and protect against error, fraud or other criminal activity; and enforce the Fitbit Terms of Use. De-identified data that does not identify you may be used to inform the health community about trends; for marketing and promotional use; or for sale to interested audiences. See Sharing of De-identified Data That Does Not Identify You to learn more. We use your data to troubleshoot the Fitbit Service, enforce the Fitbit Terms of Use, and/or detect and protect against error, fraud or other criminal activity. WHAT DATA MAY BE SHARED WITH THIRD PARTIES? First and foremost: We don’t sell any data that could identify you. We only share data about you when it is necessary to provide our services, when the data is de-identified and aggregated, or when you direct us to share it. Data That Could Identify You Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or address, or data that could reasonably be linked back to you. We will only share PII data under the following circumstances: With companies that are contractually engaged in providing us with services like order fulfillment, email management and credit card processing. These companies are obligated by contract to safeguard any PII they receive from us. If we believe, after due consideration, that doing so is reasonably necessary to comply with a law, regulation, or valid legal process. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by a court order from doing so or where the request or legal process is directly related to a regulatory investigation. In the latter case, we will ensure user information we disclosed is treated as confidential. If we believe, after an investigation that is reasonable given the circumstances, that doing so is necessary to prevent imminent and serious bodily harm to a person, address fraud, maintain the security of the Fitbit Service and user data, protect our rights or property or the rights or property of a third party, or to enforce our Terms of Service. If it is necessary in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company, your PII can be sold or transferred as part of that transaction as permitted by law. The promises in this Privacy Policy will apply to your data as transferred to the new entity. Data That Does Not Identify You (De- Identified Data) Fitbit may share or sell aggregated, de-identified data that does not identify you with partners and the public in a variety of ways, such as by providing research or reports about health and fitness or in services provided under our Premium membership. When we provide this information, we take legal and technical measures to ensure that the data does not identify you and cannot be associated back to you. Data That You Direct Us To Share You can direct us to share data with other parties. For example, you might authorize us to link your Fitbit account with a third-party app listed on https://www.fitbit.com/apps; send status updates to your Facebook or Twitter account; or direct us to share data with your employer as part of a wellness program. Once you direct us to share your data with a third party, that data is governed by the third-party’s privacy policy. You can revoke your consent to share with the third party at any time in your Fitbit account settings, under “My Applications.” OTHER WAYS YOU MIGHT SHARE YOUR DATA Default Visibility Settings The privacy settings on new Fitbit accounts are set to reveal minimal data about you with the purpose of getting you active and involved with Fitbit. To see what is visible to others use the “Profile viewed by” tool in your account settings. You can adjust your privacy settings at www.fitbit.com/user/profile/privacy. Fitbit Social Tools Fitbit provides many ways for you to share data with other Fitbit users, such as with the 7-day Leaderboard, Challenges, or by posting comments to the Fitbit community message boards. When you interact with others in these ways, you will be displaying your data based upon the visibility settings in your User Account privacy settings. Always check specific policies associated with any Challenge to understand what data will be visible to other participants. Community Posts To post to Fitbit community message boards, you’ll be asked to create a community username that’s separate from your Fitbit username. This community username will be posted next to any comments you publish on community message boards. Other information, like a profile photo that you’ve added to your Fitbit account may also be visible on message boards, depending on your Fitbit account settings. Contests And Giveaways Fitbit may offer opportunities to participate in contests, giveaways and other promotions. Any data you submit in connection with these activities will be treated in accordance with this Privacy Policy, unless the rules for those offers notes otherwise. Surveys Fitbit may also ask you to participate in surveys that help us understand your use of our products and services. Any PII you provide to Fitbit in these surveys will only be used in relation to that survey and as stated in this Policy. HOW LONG WE SAVE YOUR DATA We store your PII for as long as you remain a Fitbit customer. HOW TO EDIT OR MODIFY DATA Any data that you provide to Fitbit through the Site can be modified from your dashboard or preferences. If you remove data from your User Account, it will no longer appear to you or others who use the Service. Backups of that data will remain in association with your User Account and in our archive servers. HOW TO DEACTIVATE YOUR FITBIT ACCOUNT You can deactivate your Fitbit account by contacting Customer Support. When you do, data that can identify you will be removed from the Service, including but not limited to your email, name, photo(s), friends list and links to sites such as Facebook and Twitter. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Fitbit may continue to use your de-identified data. FITBIT’S POLICIES FOR CHILDREN Fitbit is not directed at persons under the age of 13. We do not knowingly collect any PII from children under 13. If you are aware of a user under the age of 13 using Fitbit, please contact us at privacy@fitbit.com. CAN I OPT-OUT OF RECEIVING FITBIT EMAILS? Of course! You can opt-out of receiving weekly summaries, achievement notifications and promotional emails by changing the notification preferences in your account settings or by unsubscribing via the “Unsubscribe” link in any Fitbit email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your account maintenance. HOW DOES FITBIT KEEP MY DATA SAFE? Fitbit uses a combination of technical and administrative security controls to maintain the security of your data. If you have a security-related concern, please contact Customer Support. HOW DOES FITBIT HANDLE DATA FROM INTERNATIONAL VISITORS? Fitbit's Services are hosted and operated entirely in the United States and are subject to United States law. Any personal information that you provide to Fitbit is being provided to Fitbit solely in the United States and will be hosted on United States servers. You consent to the transfer of your personal information to the United States. If you are accessing the Fitbit Services from outside the United States, please be advised that United States law may not offer the same privacy protections as the law of your jurisdiction. Fitbit complies with the U.S. - EU Safe Harbor Framework and the U.S. - Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. Fitbit has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/. In compliance with the Safe Harbor Principles, Fitbit commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss citizens with inquiries or complaints regarding this privacy policy should first contact support . Fitbit has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the BBB EU SAFE HARBOR website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint. COOKIE POLICY We are generally a healthy bunch, but some Fitbit employees like to eat cookies. In addition, we use cookies and other technologies like pixel tags and web beacons, to make our site better. Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of our Site you’ve visited so we can figure out which promotions you may like to see or to alert you to software compatibility issues. If you delete cookies or block them from being stored, you may not get the full Fitbit experience. Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Fitbit, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality. This Site uses third party service providers, listed below, to help us analyze certain online activities and improve our services. For example, these providers help us measure the performance of our online campaigns or analyze visitor activity on the Site. We may also permit these providers to use cookies and other technologies to perform these services for us. We send data to third party analytics providers so we can use their tools to understand how you and other Fitbit users use our services. We use advertising cookies to present you with opportunities to purchase Fitbit products on our website, and retargeting cookies, to present you with Fitbit advertising on other websites based on your interaction on Fitbit’s site. Social media tools, like widgets and plug-ins, are used so you can share information from Fitbit on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on Fitbit, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the privacy policy of the company providing them, not by Fitbit’s Privacy Policy. We also use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those sites. DOES FITBIT HONOR “DO NOT TRACK” SIGNALS Although we would like to honor the browsers set with a “Do Not Track” signal, we are currently unable to honor those signals. We believe that consumers should exercise choice regarding the collection of this type of data, which is why we disclose the cookies used and provide links to opt-out of those collection practices below. We use the following cookies and data analytics platforms: Cookies: ApNexus: The ApNexus Cookies page provides information about their cookie and gives you the option to opt out-of this program. DataXu: The DataXu Data Collection for our Platform page explains their privacy practices and gives you the option to opt-out of this program. DoubleClick and DoubleClick Floodlight: This cookie and web beacon is owned by Google. You can adjust Google's use of cookies by visiting Google's Ads Settings. You may permanently opt-out of the Google DoubleClick cookie. Google Adwords Conversion: You can adjust the Google Ads Settings and opt-out of this program. Data Analytics: Mixpanel: We use Mixpanel as our primary analytics tool to understand how our customers use the Fitbit Services and Mixpanel People to contact you about the use of our product, for example, to contact you if you have trouble syncing your Device. You can read the MixPanel Privacy Policy and opt-out. We use Google Analytics and Optimizely analytics cookies allow us to see how you use our services so we can improve your experience. We encourage you to read the Google Privacy Policy. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add- on. Likewise, you can read the Optimizely Privacy Policy and opt out. PREVIOUS PRIVACY POLICY Privacy Policy dated January 3, 2014
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