Additional Privacy Rights for California Residents

Privacy Notice for California Residents

Effective Date: 1/1/23

Last modified: 10/13/2024

This Privacy Notice for California Residents supplements the information contained in FitGrid’s Consumer App Privacy Policy and provides information concerning the collection, use and disclosure of information and related rights under California law, including the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CPRA”). This policy applies only to California residents.

Collection of Personal Information

The information we may collect is outlined in our Consumer App Privacy Policy. Specifically, the chart below sets forth any personal information collected during the last twelve (12) months, as defined under the CPRA

Category

Examples

Collected

Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

Personal information categories listed in the California Customer Records Statute

Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

YES

Characteristics of a protected class

Including but not limited to, race, color, religion, sex, gender identity, sexual orientation, marital status, national origin, disability, and age.

YES

Commercial information

Records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies.

YES

Biometric information

Your physiological, biological or behavioral characteristics that are intended to be used singly or in combination with each other or with other identifying data to establish individual identity, including but not limited to fingerprint, face, voice recordings, and sleep, health or exercise data.

NO

Internet or other similar network activity

Browing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.

YES

Geolocation data

Information that identifies the location of a device or user, such as latitude and longitude or movements.

YES

Sensory data

Audio, electronic, visual, thermal, olfactory or similar information.

NO

Professional or employment related data

Any data collected in the course of your employment, including but not limited to work history, payroll records, salary, leave of absence, vacation, employment contracts, and education and training records.

NO

Education information

Education records directly related to a student and maintained by an educational agency or institution, such as grades, transcripts, classes, student identification codes or disciplinary records.

NO

Inferences drawn from other personal information

Use of information to create a profile about you reflecting your consumer preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities or aptitudes.

NO

Sensitive personal information

(I) Personal information such as social security, driver’s license, passport number; account log-in, financial account, debit or credit card in combination with any required security or access code or password; precise geolocation; racial or ethnic origin, citizenship status, religious beliefs; mail, email, and text messages unless an intended recipient; genetic data.

(II) Processing of biometric information for the purpose of uniquely identifying a consumer.

(IV) Information collected and analyzed concerning your health.

(V) Information collected and analyzed concerning your sex life or sexual orientation.

NO

We obtain the categories of personal information listed above from the following sources:

  • Directly from you when you create an account and use our services.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect certain data from you, such as device data, usage data about your browsing actions and patterns, and contact data.
  • From third parties. We may receive personal information about you from various third parties that provide services to us or through linking to third party accounts. Information may also be collected from friends when they ask us to invite you to join FitGrid.

Use of Personal Information

The ways in which we use your personal information are outlined in our Consumer App Privacy Policy.

Sharing of Personal Information

We do not sell your personal information. We may disclose your personal information to a third party for a business purpose as set forth in our Consumer App Privacy Policy.

Your California Privacy Rights

Right to Know

You have the right to request that we disclose to you the categories of personal information we have collected about you, as well as the source of such personal information, the purposes, and the categories of third parties with whom such personal information is shared.

Right to Access

You have the right to request, up to two times each year, access to categories and specific pieces of personal information about you that we collect, use, disclose, and share.

Right to Delete

You have the right to request that we delete personal information that we collect from you, subject to applicable legal exceptions.

Right to Correct

You have the right to request that we correct inaccurate personal information that we maintain about you, subject to applicable legal exceptions.

Right to Opt-Out of Sale or Sharing of Personal Information

You have the right to “opt-out” of the sale or sharing of your personal information to or with third parties.

Right Not to Receive Discriminatory Treatment

You have the right not to receive discriminatory treatment for the exercise of your privacy rights. If you choose to exercise any of these rights, you will not receive different prices or quality of services unless permitted by applicable law.

Exercising Your California Privacy Rights

Making Requests to Know, Access or Delete or Correct Your Personal Information

To make a request to know or to make an access, deletion or correction request, please email us at support@fitgrid.com or send a letter to us at the address listed at the bottom of this privacy policy. To submit a request by phone, you may call 1-833-FITGRID Before completing your request, we may need to verify your identity.

You may use an authorized agent to submit a request to know or an access, deletion, correction or opt-out request on your behalf. Such agent must have your signed permission to submit a request on your behalf or a power of attorney. We may need to contact you directly to confirm you have given permission or to verify your identity.

Requests Not to Share

If you would like to opt-out of the sharing of your personal information, please email us at support@fitgrid.com or send a letter to us at the address listed at the bottom of this privacy policy. To submit a request by phone, you may call 1-833-FITGRID.

Response Timing and Format

We will endeavor to deliver the required information to you, free of charge, correct inaccurate personal information or delete your personal information, based on your request, within forty-five (45) days of receiving a verifiable request from you. Only when reasonably necessary, we may need to extend such period by an additional forty-five (45) days upon written notice to you during the initial period. Our written response will be delivered to you through your account with us, or by mail or electronically, at your option, if you do not maintain an account with us.

Data Retention

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide services to you and the length of time thereafter during which we may have a legitimate need to reference your personal information to address issues that may arise;
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them);
  • Whether retention is allowed by applicable law (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

De-Identification

Consistent with applicable law, we commit to maintain and use information in de-identified form and not to attempt to re-identify the information, except that we may attempt to-reidentify the information solely for the purposes of determining whether its deidentification processes satisfy the requirements of the CPRA.

Notice of Financial Incentives

We do not offer financial incentives based on your providing us with your personal information.

Change to Our Privacy Notice

We reserve the right to amend this privacy policy at any time and at our discretion.

Contact Information

If you have a question about our privacy policies and information practices, please email our data protection officer at privacy@fitgrid.com or call 1-833-FITGRID. You can write us at:

33 West 17th Street

7th Floor

New York, NY 10011