Fusionetics Privacy Policy
This policy is effective May 25, 2018. Our previous policy can be found here.
We at Fusionetics, Inc., (“Fusionetics”, “We”, “Us” or “Our”) know you care about how your personal information is used and shared, and we take your privacy seriously. Our privacy policy (“Privacy Policy”) covers our treatment of personally identifiable information ("Personal Information") that we gather when you use or otherwise engage with our websites and software services (collectively, the “Services”). It describes what types of personally identifiable information we collect, how we use and share that information, and how to manage your privacy settings and your rights in connection with the Services.
Fusionetics is headquartered in Atlanta, GA. This website and its contents and related services (collectively, the "Website") are owned by Fusionetics, its subsidiaries and/or affiliates (collectively, "Fusionetics Affiliates"), and Fusionetics provides the Website to You (the "User") subject to our Terms and Conditions (the "Terms and Conditions"). By accessing and/or using the Website or the Services (as defined below) in any manner, You agree to accept the practices and policies and be bound by the Privacy Policy required under Our Terms and Conditions and consent that will collect, use and share your information as set forth below.
Fusionetics may, at any time, and in its sole discretion, with or without notice to You, modify this Privacy Policy. Your access and/or use of this Website indicates Your agreement to read and be governed by this Privacy Policy. It is Your responsibility to apprise Yourself of any such revision or modifications each time You visit or use the Website or the Services. If Fusionetics makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner. If You object to any of the changes, You will not be authorized to access or use the Website or the Services in any manner, and you should delete your account.
Information We Collect, Use, Share and Otherwise Process
Fusionetics uses your Personal Information for the purposes described in this Privacy Policy, including:
- as necessary to provide the Services and fulfill our obligations pursuant to the Terms and Conditions. For example, we cannot provide the Services unless we collect and use your location information;
- where you have consented to the processing, which you can revoke at any time. For example, you may consent to the processing of health-related information
- where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims;
- to protect your vital interests, or those of others, such as in the case of emergencies;
- where you have made the information public;
- where necessary in the public interest; and
- where necessary for the purposes of Fusionetics’ or a third party’s legitimate interests, such as those of visitors, members or partners.
Our Legitimate Interests
We process your information in furtherance of our legitimate interests, including some or all of the following:
- providing and improving the Services, including any personalized Services. We do so as it is necessary to pursue our legitimate interests of providing and developing innovative and tailored offerings to our customers on a sustained basis;
- improving communications for the benefit of our customers and to better understand how people interact with our Website and Services (such as, creating new features or functions, refining the user experience, improving technical performance, etc);
- to provide You with notices related to the use of the Services;
- to identify and protect against fraud and abuse;
- to enhance the security of our network and information systems;
- for billing and account management, which is required as a matter of contractual necessity and allows Us to better personalize your Service experience;
- for research, where we use identified, anonymized/de-identified and aggregated data for performing Services related performance and other statistical analysis, machine learning, customer population and market analysis and producing reports. This Privacy Policy is not intended to place any limits on what Fusionetics does with data that is anonymised and aggregated so the data is no longer associated with and can no longer be linked to an identifiable customer of the Services, or individual whose data we have been provided with by a customer;
- Where we have your permission to do so, or where you are an existing customer and have carried out a balancing test to determine that your rights do not outweigh our legitimate interests, we will use your contact information (such as email address) to provide you with promotional and marketing materials. You can opt-out of these promotional emails at any time, however if you do you may not receive the full benefits of our Services.
- To screen potential new employees or contractors, where Personal Information provided to us is part of a job application or where contractually required by our business partners or affiliates.
Information Fusionetics Collects
Fusionetics collects information about you, including Personally Identifiable information that directly or indirectly identifies you. We receive information in a few different ways, including when You register for, use, track, complete or upload activities using the Services. Service providers (“Partners”) may also be utilized to assist You or Fusionetics and its Affiliates, for the provision of Services. These Partners may include independent contractors, agents, order and data processing partners and resellers. Fusionetics also collects information about how you use the Services. There are also several opportunities for you to share information about yourself and your activities with Fusionetics. Personally Identifable Information is collected related to the following:
- We collect basic account information such as your name, email address, date of birth, gender, telephone number, legal address, username and password, credit card numbers or other financial account numbers that helps secure and provide you with access to our Services. Additionally, after you’ve entered your username and password during a session, Fusionetics saves that information so that you don’t have to re-enter it repeatedly.
- Profile and use information is collected about you when you choose to upload a picture, activity (including date, time and geo-location information, such as to add daily or periodic readiness, monitoring and training information and usage, respond or participate in Partner-based or online performance questionnaires, or otherwise use the Services. Video imaging capture is also collected when We, You or an Affiliate uses motion-capture, telemedicine or phone or web-based video capture and coaching Services, which may include full face and body photographic or video images.
- Fusionetics collects certain non-medical health information which may include history of prior injuries, limitations in range of motion or other muscular performance indicators, stress and sleep, or other indicators. You can withdraw your consent to Fusionetics processing your non-medical health information at any time.
- We gather information related to content you share on the Services, including photos, posts, comments, social media interactions or other feedback you provide through our Website.
- Order Information is collected when you request or place an order for products or Services from Fusionetics. This Personally Identifiable information may include, without limitation, credit card or other financial information
- We also obtain additional third party information about customers from marketers, Partners, researchers, and others. We may combine information that we collect from you with information obtained from other members, third parties and information derived from any other subscription, product, or service we provide.
- We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information. Generally, cookies and similar technologies allow Us to better personalize your experience and assist in delivering content to You and to administer Services.
Aggregated or anonymized/de-identified Personal Information (“Non-Personal Information”) that is no longer personally identifiable, may be collected by Fusionetics and shared with Our Affiliates and Partners. Our Affiliates and Partners may use such information to understand how often and in what ways people use our Services and to provide a better user experience and to improve our Services. Fusionetics may use and share with others, including Affiliates and Partners, Non-Personal Information for any purposes whatsoever, including but not limited to marketing and advertising, designing and developing products, research, and improvement and delivery of our Services.
Who Fusionetics Shares Information With
Service Providers and Other Partner
We may share your information with third party Partners who provide services to or on behalf of Fusionetics that include supporting and improving the Services, promoting the Services, processing payments, or fulfilling orders. These Partners will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information.
With Your Consent
We may share your Personal Information with third parties with your express consent.
Changes in Business Structure
We may share your Personal Information in the event Fusionetics is involved in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Our assets, financing, acquisition of all or a portion of Our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence). Such sharing will also be necessary for the purposes of our legitimate interests of pursuing the best arrangements for Fusionetics, its customers and staff.
Legal Requirements
We may share your Personal Information in order to comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process. Fusionetics may share Personal Information to enforce our rights, prevent fraud and for safety and to protect the Services and its customers. This is in order to protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or other criminal activities. Such disclosure may include our legal counsel and other consultants and third parties.
Children Under Age 13
We are committed to protecting the privacy of children under the age of thirteen (13) years ("Children"). Access and use of the Website and/or the Services by Children are prohibited by the Terms and Conditions. The Website and the Services are not designed for or marketed to Children, and Fusionetics does not knowingly collect Personally Identifiable Information from Children. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us.
How We Protect Information
Fusionetics takes the privacy and security of your Personal Information seriously. Fusionetics maintains physical, electronic, and procedural safeguards to secure your Personal Information. User Information collected by Fusionetics is stored in databases that we controls directly or through Our service providers. As deemed appropriate by Us, Fusionetics uses security measures consistent with industry standards (such as encryption technology and firewalls) to protect your Personal Information. However, because no security system is 100% secure, Fusionetics cannot guarantee the security of Fusionetics’ databases, nor can We guarantee that user’s Personal Information will not be intercepted while being transmitted over the Internet. In addition, if You register and/or create an account to access certain portions of the Website and/or the Services, You are responsible for maintaining the confidentiality of Your registration information, including any username and/or password associated with Your account. If another individual learns Your username and password, We cannot prevent that person from accessing your Personal Information. Therefore, if You suspect that another individual may have learned Your password, You agree to immediately change Your password using the system available on the Website.
In addition to technological security measures, Fusionetics places certain access controls on its employees, contractors and other partners. Despite these measures, Fusionetics cannot guarantee or warrant that the information described in this Privacy Policy will be completely secure.
Retention of Information
We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until you ask us to delete it or your account is deleted, whichever comes first. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms and Conditions and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.
Information about you that is no longer necessary and relevant to provide our Services may be de-identified and aggregated with other non-personal data to provide insights which are commercially valuable to Fusionetics, such as statistics of the use of the Services. This information will be de-associated with your name and other identifiers.
What You Can Do With Your Information
Deleting Your Account
You can delete your account by emailing
[email protected]. Subject to the “Exceptions” section below, when you request for us to delete your account for the Service, your data will be permanently deleted from our servers and access to your account will be disabled.
Adjust Email Preferences
You may unsubscribe by following the instructions contained at the bottom of each type of email. Any administrative or service-related emails (to confirm a purchase, or an update to this Privacy Policy or Our Terms and Conditions, etc.) may not offer an option to unsubscribe as they are necessary to provide the Services you requested.
Updating Account Information
You may correct, amend or update profile or account information that is inaccurate at any time by contacting Us at
[email protected]. You may also modify or change your password yourself, once logged into our Services, under your Profile Settings. For most requests, Fusionetics will generally respond to your request within 7-10 business days.
Exceptions
We may retain your Personal Information in accordance with our retention policy (see the “Retention of Information” section) and to the extent required to comply with (or we deem it reasonable in light of) any laws or regulations.
EU Members’ Rights
If you are habitually located in the European Union and your data is processed by Us, then you have certain statutory rights in relation to your data. Subject to exemptions provided by law you can request access to your personal data as well as seek to rectify, erase, restrict, port and object to Fusionetics processing your personal data (including in particular a right to object where Fusionetics relies on legitimate interests to justify its processing of your personal data). Where you have provided Fusionetics with consent, you can revoke this consent at any time. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities
You can also access your Personal Information comprised in the Fusionetics system or exercise any of your rights described above by sending us a request at
[email protected]. After we verify your identity, we will provide you with a copy of this personal information in a machine readable format where required by law.
Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
Transfers
The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform under the Terms and Conditions. United States privacy laws may not be as protective as those in your jurisdiction.
Contacting Us
If you have any questions or concerns regarding our privacy policies, please send us a detailed message at
[email protected], or: 15800 Birmingham Hwy, Suite 203, Alpharetta, GA 30004, attention: Support Resolution
Links to Other Websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over other websites and their content. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.