Fitness Shop Edge
Privacy Policy

NOVEMBER 2019

Site Owner:
Global Partners Management, LLC,
a Missouri limited liability company (as defined below)

Attention: In-House Counsel
4301 Earth City Expressway
St. Louis, Missouri 63045-1334

Telephone: 314-506-0000
Contact: FitnessShopEdge.com

We take Your privacy seriously and want Your experience with FitnessShopEdge.com to be both satisfying and safe. In this Policy, the site is referred to as the “Site” and the “Service,” which are provided by “Us,” “Our,” and “We,” to which You subscribe upon Your agreeing to the Terms of Service and End User License Agreement. This Policy sets forth the steps We take to accomplish this result, and We urge You to read it carefully. This Policy extends to Our “apps” and tools you may access through the Site or otherwise.

  1. What this Policy Covers. In order for Us to properly and efficiently provide Our products and services to You, it may be necessary from time to time for Us to collect information about You or the equipment or methods You use to visit the Site, or while visiting the site.  Although We need this information to better serve You, We understand Your concerns about how this information is used.  Accordingly, this Policy explains how We use, and more importantly will NOT use, any personally identifiable information We collect when You visit or utilize the Site.  This Policy also covers Our treatment of any personally identifiable information that Our business partners share with Us or that We may collect on or from a business partner’s site.
  1. What this Policy Does Not Cover. This Policy does not apply to the practices of companies We do not own or control or to people We do not employ or manage.  This Policy only addresses the use and disclosure of information We collect from You.  To the extent that You disclose any of Your information to any other person or entity, different rules may apply to their use or disclosure of the information You disclose to them.  It is important that You understand that We may not, and probably do not, control any Website which You may visit through a “link” from the Site, and such other Websites may have their own privacy policies that may differ substantially from ours.  Also, any third party advertisers who advertise on the Site or through the Site may also adhere to their own privacy policies, which may also be different from ours.  When visiting advertisers or any other Website or business You reach by “clicking” on a link on the Site, You are subject to the privacy policies of that third party.  We encourage You to ask questions before You disclose Your personal information to others.  Unless otherwise notified, We will not collect personal health information from You.  If in the future We do collect such personal health information, We will do so in compliance with Our Personal Health Information Policy, a copy of which will be made available to You.
  1. Information Collection and Usage by Us. Our primary goal in collecting personal information is to provide You with a smooth, efficient, and customized experience on the Site and throughout Our business.  We use information collected for the purpose of completing transactions, delivering products, and addressing customer service issues.  Any credit-card transactions with this Site are handled by third-party financial institutions and their vendors which receive the credit-card number and other personal information only to verify the credit-card numbers and process transactions.  Online payment transactions are handled by an independent third party that receives the account number and other personal information only to verify the account number, the existence of funds, and process the transaction.  The information collected and handled by them is subject to their privacy policies, which You should review.
  1. We will not knowingly transfer Your personal information to another party except as disclosed in this Policy. In most instances, You may have the option to withhold certain requested information; however if You choose to withhold or not provide requested information, We may not be able to provide You with the services or products You request.  In general, Our service automatically gathers certain usage information like the numbers and frequency of visitors to the Site.  We only use such data in the aggregate.  This collective data helps Us determine how much Our customers use parts of the Site, so We can improve the Site.  We may also track certain information about Your behavior on the Site.  We use this information to do internal research on Our users’ demographics, interests, and behavior to better understand and serve You and Our community.  This information may include the URL that You came from (whether this URL is on Our site or not), which URL You next go to (whether this URL is on Our site or not), what browser You are using, and Your IP address.
  1. You may be required to create an account to access the Site or certain features on it. You may be required to create a personal profile providing personal information in order to access all the functionality offered on the Site.
  1. Some of the information you provide to Us and on the Site is intended for public consumption and use, including photos, comments, message boards, reviews, and profiles. You hereby agree to permit us to disclose copy, reproduce, adapt, modify, and create derivative works from the information You provide, without compensation to You.  See “Project Collaboration” below.
  1. The Site may permit You to create a ‘private account,’ in which case the information You post to the account is shared only between You and Us, subject to the terms of this Policy, unless You actively share it with others. Alternatively, You may create a ‘public account,’ in which case the information about Your project can be shared on, and accessed by, social media outlets and sites for public viewing, subject to the terms of this Policy.  If You create a public account and later convert it to ‘private’ status, all the information You shared prior to the conversion will remain in the public domain and on social media sites.  PLEASE NOTE that any information or content You actively share on public and social media sites is at Your own risk, and is outside the scope of this Policy and Our control.
  1. We use information in the file We maintain about You, and other information We obtain from Your current and past activities on the Site, to resolve disputes, troubleshoot problems, or to enforce Our Terms of Service and End User License Agreement (“TOS”).
  1. Cookies. A cookie is information stored directly on the computer You are using, that interacts with the Site when You visit, to assist Us in providing customized services.  We use cookies for a variety of purposes, such as:  (i) to display information more effectively to Our users, (ii) to help Us provide information which is targeted to Your interest, and (iii) to allow You to enter Your password less frequently during a session.  Any time a cookie is used, personal information is encrypted for Our use only and is protected from third-party access.  Additionally, You may encounter “cookies” or other similar devices on certain pages of the Site that are placed by third parties.  We do not control the use of cookies by third parties, and their use of their cookies is subject to their privacy practices and not ours.  When You visit the Site, We automatically receive the URL of the site from which You came and the site to which You are going when you leave the Site.  We also receive the Internet protocol address of Your computer, Your computer operating system and type of Web browser You are using, as Well as the name of Your ISP.  This information is used to analyze overall trends to help Us improve the Site.
  1. Disclosure of Your Personal Information. We may sell or rent certain personally identifiable information about You to third parties with which We have advertising and name-sharing agreements.  However, You may opt out of these arrangements by clicking on the relevant opt-out indicators on Our site.  We may disclose personally identifiable information about You to other companies or people when:  (i) You give Us Your consent to share the information; (ii) We need to share Your information to provide the product or service You have requested; (iii) We need to send the information to persons or companies who work on Our behalf to provide a product or service to You; (iv) if We are required to do so by applicable law as described more fully below; or (v) when We determine You have violated the TOS.  It is Our policy to cooperate with all law enforcement inquiries, as Well as other third parties to enforce laws, such as:  intellectual property rights, fraud and other rights.  We may disclose (and You authorize Us to disclose) any information about You to law enforcement in response to subpoenas or court orders, or other government officials or agencies as We, in Our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is a violation or potential violation of law or may expose Us or You to legal liability.
  1. Due to the possibility of requirements from existing or future regulatory authorities or due to the current or future state of technology, We cannot ensure that all of Your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Policy. For purposes of illustration only, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse Your information that they collect from the Site.  Therefore, although We use industry standard practices to attempt to achieve the stated goals of Our privacy policies, as a matter of practicality We cannot and We do not promise, and You should not expect, that Your personally identifiable information or private communications will always remain private.
  2. Service Providers.
    1. External Providers. We may, for Your convenience, provide some of Your personally identifiable information to an external service provider.  However, before We disclose Your personally identifiable information to an external service provider, You will see what data is about to be sent and have the ability to approve the disclosure.  To prevent Our disclosure of Your personally identifiable information to an external service provider, You can decline such disclosures or simply not use their services.
    2. Internal Providers. We may use internal service providers to facilitate Our services (e.g., discussion boards, surveys, etc.).  In such event, We may provide some of Your personally identifiable information directly to them, and such internal service providers may collect information directly from You (such as if We ask an internal service provider to conduct a survey for Us and that provider asks You for information while conducting the survey).  If We provide any of Your information to an internal service provider, such internal service provider’s use of such information shall be restricted by confidentiality agreements.  If You provide additional information to an internal service provider directly, then their use of Your information will be governed by their applicable privacy policy.  Personally identifiable information posted by a user to a public section of the Site is not governed by this Policy and We shall not be responsible for any release of such information.  Furthermore, We are not responsible for removal of such personally identifiable information from any such public section of the Site.
  1. Other Entities. We may share much of Our data, including personally identifiable information about You, with Our subsidiaries, business partners, and Our credit card/debit card processor.  To the extent that these entities have access to Your information, they will treat it at least as protectively as they treat information they obtain from their other users.
  1. Advertisers. If We collect from the data We receive personally identifiable information, such information will be disclosed to advertisers and other third parties for other marketing and promotional purposes only in a manner which does not personally identify that information (such as disclosing information in the aggregate, by reference to averages or trends, or by reference to a “user” without providing the personally identifying information for that user).  We will not disclose to these entities any information that could be used to identify You personally (for example, Your name, email address, password, credit card number, and bank account number).
  1. Identification of User in Site. You will be identified throughout the Site by Your Logon or Your email address (“User ID”).  Your User ID can be used to identify You and Your activities throughout the Site, and other users may be able to identify You based on User ID items that You have purchased in the past, requested a bid in the past, any ratings or comments You may provide, any postings You may place on the Site, etc.
  1. Control of Your Password. You are responsible for all actions taken with Your User ID and password, including any costs, fees or charges incurred.  For this reason, You should not share Your password with anyone else.  If You choose to share or disclose Your User ID, password, or Your information with third parties to provide You additional services, You should review that third party’s privacy policy.  If You lose control of Your password, You may lose substantial control over Your personally identifiable information and may be subject to legally binding actions taken on Your behalf.  NOTE:  If Your password has been compromised for any reason, You should promptly e-mail Us at the address above and notify Us that Your password has been compromised.  If You share Your password or account access with anyone else, You may compromise the security of Your account.
  1. Security. Even though We utilize various security techniques to protect data from unauthorized access by users inside and outside the company, “perfect security” does not exist on the Internet.  Please note that e-mail and internet traffic are not secure.  To help safeguard Your information, We suggest the following:  (i) You do not share Your USER ID or password with anyone; (ii) change Your password regularly; and (iii) remember to sign off once You have submitted an application for a product or service online, or completed an online session.
  1. Please note there is a risk of Your personally identifiable information and communications, including credit-card information, being accessed, stolen, or “hacked” by third parties: (i) from Our site, (ii) during communication between You and Us, (iii) while resident on Your computer or other device, or (iv) via access You have granted access to Your account.  Current technology does not prevent such activity.

 

  1. Spam. We do not condone “spam” or unsolicited junk e-mail.  We are not responsible for this unfortunate activity, and cannot stop it from occurring when it originates from outside the Site.  We will take reasonable action against any person who uses Our email products as the launching pad for spam.

 

  1. Editing Account Information. We will provide You with the ability to access and edit the information You have provided to Us. You can update Your account, edit Your profile, and deactivate your account on the site. In the event You deactivate Your account, such information will be deactivated as soon as reasonably possible in accordance with Our deactivation policy and applicable law.  We may retain in Our files information You have requested to remove from internet access, and may use such information in some circumstances, such as to resolve disputes, troubleshoot problems, and enforce Our TOS.  Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored “back up” systems.  Therefore, You should not expect that all of Your personally identifiable information will be completely removed from Our databases in response to Your requests.
  1. Change of Privacy Policy. We reserve the right to change this Policy from time to time.  If We make any changes to this Policy, We will post those changes here so that You will always know what information We gather, how We might use that information and whether We will disclose it to anyone.  In addition, We may communicate to You through email on the use of the Site, Your account and other matters.
  1. Use of Site; Communication. Use of the Site constitutes acceptance of this Policy as it is now written and as it may be modified from time to time and appears on the Site.  You specifically agree to check back on the Site from time to time to ensure that You are familiar with this Policy as it may exist from time to time, but also agree that You are bound by such Policy as the same may exist on these pages, whether or not You have actually viewed them in their then-current form.  We and You may communicate through email, text messages, social media sites, and other electronic communication formats.  Your use of such communication formats constitutes Your consent to Our use of them to communicate with You. You may withdraw Your consent by giving notice to us through the relevant communication format, or by mail at Our address provided in the TOS.
  1. Specific Provisions Relating to “Project Collaboration” and the Site. You may voluntarily submit to the Site photos of, or information about, a renovation or home-improvement project conducted by You (“Project Information”).  You agree that the Project Information You submit may be used by Us, and may be published and used on the Site and in all other mediums, and may be used by the Site’s partners and affiliated companies.  The Project Information will be stored on the Site, and may be made available to You and others You select as a convenience to You as You conceptualize, undertake, and complete Your project. You acknowledge and agree that We have no obligation to post, display, or otherwise make publicly available any Project Information submitted by You, and may, in Our sole discretion (and for no reason), remove, edit, modify, or delete any Project Information, or portions thereof, that You submit. By submitting Project Information to the Site, You hereby grant Us an irrevocable, non-exclusive, and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of the Project Information in any and all media, whether now known or hereinafter created, throughout the world and for any lawful purpose (“License”); the License shall be for 75 years following Your submission, and it may be extended and sublicensed by Us to Our partners and affiliates, without additional consideration to You. The rights granted by You to Us include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and otherwise alter and make use of the Project Information. By voluntarily submitting Project Information, You represent that the Project Information does not, and shall not, infringe on any copyright, trademark, or other intellectual property rights, or any rights of privacy or publicity, of any person or entity, or any other right of any third party, and that You have the right to grant any and all rights and licenses to Us in connection with the Project Information. You hereby agree, at your expense, to hold harmless, indemnify, and defend Us, our affiliated companies and the entities they manage, and their officers, directors, employees, and agents from all claims for infringement of intellectual property and privacy rights of any kind, including claims by other parties. You understand and intend that Project Information submitted by You may be available for viewing, rating, review, and comment on by the public, and understand that comments or ratings with which You disagree or are unhappy about may be published or otherwise become associated with Project Information You submit. By submitting Project Information, You hereby agree to remove any personally identifiable information about You, Your residence, Your address, and all persons who appear in, or are referred to, in the Project Information; but You hereby waive any privacy expectations or claims, and You acknowledge that it may not be possible or practical to remove all personally identifiable information embedded in the Project Information; You hereby acknowledge and agree that We have no obligation to remove, or attempt to remove, personally identifiable information from Your Project Information.
  1. Your Postings and Reviews Must be Authorized and Made in Good Faith. By posting or providing material to the Site, You represent that you own, or have the right to use, and permit Us to use, such material, including images, on the Site and in the manner contemplated herein.  If You post or provide an image, graphic, or architecture that is protected by intellectual property rights, You must obtain appropriate permission from the owner of the work.  You agree not to post or provide any material that belongs to any person other than You or that contains the name or likeness of any person other than You unless You obtain express permission to do so.We may enable You to post ratings or reviews of vendors, service providers, and their products or services on the Site (“Reviews”).  You may not post Reviews about a vendor, service provider, or any of their products or services if you are:  (i) an employee, contractor, officer, or director of the vendor or service provider; or (ii) an employee, contractor, officer, or director of a competitor of the vendor or service provider unless you expressly disclose such status in your Review.  By posting a Review, you agree that it is:  (i) based on your first-hand experience with the vendor, service provider, product, or service that is the subject of the Review; (ii) accurate, truthful, and complete; and (iii) it is made in good faith and not for the purpose of extracting compensation or consideration from the vendor or service provider.  We reserve the right to edit, amend, or delete Reviews under the provisions of this Policy and the TOS.