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Actofit’s aim is to help our customers with living better lives. Our products and services provide instant access to fitness data so you can track your progress, push your limits and take control of your fitness regimen. As keep developing our products and services, we observe highest standards of data privacy in line with the industry standards, keeping your data safe, and letting you decide how your information is used and shared, while following the below:

  • We will only collect data that is useful to improving Actofit 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.

Please read our Privacy Policy below.

Actofit develops, designs, markets products and solutions 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 Sites located at www.actofit.com (“Site”), the Actofit software (“Software”) and Actofit mobile applications (each an “App” and collectively the “Apps”). The Devices, Sites, Software and Apps are collectively referred to in this Privacy Policy as the “Actofit Service,” and by proceeding to use the Actofit Service you consent that we may process the data that we collect from the “user” /  “you” in accordance with this Privacy Policy.

Because we are always looking for new and innovative ways to help you achieve your fitness goals, this policy may change over time, but any future changes will not affect data that was collected under a previous version of this Privacy Policy. If any modifications substantially change your rights, we will send an email summarizing the changes to the address associated with your Actofit account and provide notice on the Site.

We are here to help. If anything in this Privacy Policy is unclear or if you have any questions or concerns, feel free to contact us on legal@actofit.com.

NATURE OF DATA ACTOFIT COLLECTS

Activating an Actofit Device

When activating an Actofit Device, you will be asked to download the Actofit App or install Software and enter information about yourself, such as height, weight and gender. We use this information to personalize your fitness profile–for instance, calories burned, number of reps / sets, etc. Depending on the Device you use, it can collect data such as the number of exercises you do, your motion, your weight, measure your sleep quality and transmit this data to Actofit.

Creating an Actofit Account 

If you wish to access the data collected by your Device, you must create an Actofit account. When you create an Actofit account, we will ask for some personal information, including your email address and date of birth. Your email address will be your Actofit account user name, which you will use to log-into your account. We do not display your email address to other users. Instead, others will see the name or nickname you enter in your profile.

You can also create your Actofit account using a different credential such as a Facebook or Google+ account. We will ask permission to access basic information from that account, such as your name, profile picture and friend list.  You can stop sharing that information with us at any time by removing Actofit’s access to that account. We will access your phone’s contact list for the purpose of letting you identify contacts who are Actofit users. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose.

Adding Information to Your Account

You can customize your Actofit experience by adding other types of information to your account, such as entering a work out log or setting an alarm, personalizing your profile with photos, participating in discussion boards, or sending messages to your Actofit friends. Whenever you add this type of data, we collect it and store it in your Actofit account.

Visiting Our Site

Actofit collects industry standard data from everyone who visits our Site, even if you do not have an Actofit account. This includes log data that automatically records information about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you perform, and the IP address you used to access pages on the Site. We use this type of information to provide you with an experience that is relevant to your location based on the IP address, to prevent Site misuse, and to ensure the Site is working properly. We also collect data from cookies.

Third Party Source

We do not collect any information about you from other / third party sources outside of your use of Actofit Service.

Use of Data

Actofit uses your data to provide you with a great user experience, to help you make the most of your fitness regimen and to improve and protect the Actofit Service. Some of them are set out below:

  • Height, weight, gender and age are used to estimate the number of calories you burn;
  • Data and logs are used in research to understand and improve the Actofit Device and Actofit Service; to troubleshoot the Actofit Service; to detect and protect against error, fraud or other criminal activity; and to enforce the Actofit’s Terms of Service.

Information Retention

The Site helps you place pre-orders / orders (“Order”) for Actofit Devices. When you place an Order, we collect the following types of personally identifiable information (“Personal Information”):

  1. Name
  2. E-mail address
  3. Credit card information
  4. Telephone number
  5. Shipping address
  6. Billing address.

You may choose not to provide your Personal Information; however, providing the Personal Information is a prerequisite for placing an Order.

The purposes for which this information is collected and used include facilitating Site operation and system administration, generating aggregate, non-identifiable statistical information, monitoring and analyzing Site traffic and usage patterns, and improving the content and content delivery with regard to the Site and the online media, content, materials, opportunities, and services that we describe or make available on the Site. Like many other Sites, our Site may at any time, in our discretion, use “cookies” or other tracking mechanisms to help us recognize visitors when they return to the Site or as they move among the different portions of the Site or to collect personal or individually identifiable information. Collectively, the type of information described in this paragraph is referred to as “Usage Data” and together with your Personal Information, as “Collected Information”.

Actofit 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 as part of our a premium membership. When we provide this information, we will perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you. 

We may disclose or transfer your Personal Information in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company. We will notify you if a different company will receive your Personal Information and the promises in this Privacy Policy will apply to your data as transferred to the new entity.

Finally, the Site provides you with several opportunities to receive communications about special offers or programs from Actofit. In the event that you provide your email address via. a channel that does not include a mechanism for you to affirmatively Opt-In, such as by email, you agree that by providing your email address, you are completing an Opt-In and that you will be responsible for opting-out of receiving any future communications about special offers or programs by clicking on the link provided at the bottom of each email communication.

Payment Information

Although no method of transmission over the Internet or electronic storage is 100% secure, it is our policy to use third party payment processing systems that comply with such security standards prescribed under the applicable laws.

PLEASE READ THE PRIVACY POLICY ON THE SITE OF ANY PAYMENT PROCESSOR THAT YOU ARE DIRECTED TO REGARDING THE USE, STORAGE AND PROTECTION OF YOUR CREDIT CARD INFORMATION BEFORE SUBMITTING ANY CREDIT CARD INFORMATION.

All information that you provide to us or our third party payment processor must be accurate, current and complete. In the event of a dispute, we may issue you with a provisional credit to your card or a store credit until the dispute is resolved. If we issue a provisional credit and the dispute is resolved and the charges were correct, we shall recharge your debit or credit card to reverse this provisional credit. In the event of an unauthorized charge using a debit card or electronic check, please consult your bank’s rules regarding refunds and reversals. Actofit complies with all legal requirements under Indian laws regarding providing refunds for unauthorized charges. When you make a charge, we shall display a completed charge screen. This will be your electronic receipt. You should print or save this electronic receipt for your records.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), DEBIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.

Use of Information

In addition to the uses mentioned or described above, or otherwise described in our Terms of Use or Terms of Service, we use the information that you submit to us to accomplish the purpose for which it was submitted. We may also use the information that we collect from or about you to analyze and improve the content, features, materials and opportunities that we make available on the Site, to notify you of changes made to the Site or new opportunities made available on or through the Site, to evaluate your needs and customize the Site content delivered to you according to those needs, to send you promotional materials that you request from us, and for other legitimate and lawful business purposes. For the purposes of this section, information also includes, physical and medical information such as height, body weight, heart rate monitoring, etc.

Sharing Information

In addition to the uses mentioned or described above, or otherwise described in our Terms of Use, in the course of conducting our business, we may transfer Collected Information, whether solicited or unsolicited, to our offices throughout the world, catalog and add such Collected Information to our databases, and transmit such Collected Information to our affiliates, contractors and other third parties (e.g., other organizations with a similar mission).

We may also produce reports on Site traffic or usage patterns and share these reports with our business partners and other third parties (e.g., other organizations with a similar mission).

We may disclose information about you if we become subject to a petition/suit or court order, or if we are otherwise legally required to disclose information. We may also use and disclose information about you to establish or exercise our legal rights, to enforce the Terms of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

Choice of Information

When corresponding with us or our representatives, or when making a request for information or otherwise interacting with us or others through the Site, you choose what information to supply, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate

Information Protection

In addition to the encryption described for credit card and debit card information, we also take commercially reasonable measures to secure and protect all other information transmitted via or stored on the Site and transmitted to and from the Site. Nevertheless, no security system is flawless. We cannot and do not guarantee that information that users of the Site may happen to transmit or otherwise supply, or that any communications conducted on or through the Site, is or will be secure. You agree to immediately notify us of any breach of Site security, this Privacy Policy or the Terms of Use or Terms of Service of which you become aware.

ACTOFIT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR COLLECTED INFORMATION OR ANY OTHER INFORMATION THAT YOU PROVIDE TO US THROUGH THE SITE OR DIRECTLY TO ACTOFIT.

Third Party Sites

For your convenience, some hyperlinks may be posted on the Site that link to other Sites not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those Sites or of any companies or organizations that we do not own or control. We encourage you to seek out and read the privacy policy of each Site that you visit. In addition, should you happen to initiate a transaction on a Site that our Site links to, even if you reached that Site through our Site, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of that linked Site. You should read that Site’s terms of use and privacy policies to understand how personal information that is collected about you is used and protected.

Social Media

Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the Actofit Service you have visited so we can identify the promotions you may like to see or to alert you to software compatibility issues.

Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Actofit 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.

Social media tools, like widgets and plug-ins, are used so you can share information from Actofit on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on our Sites, 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 Actofit’s Privacy Policy. We also use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those sites.

Changes to policy

From time-to-time, we may change our privacy practices, and this Privacy Policy, because of changes in relevant and applicable legal or regulatory requirements, our business practices, or in our attempts to better serve your needs and those of our other customers. Notice of such changes to our privacy practices will be given in the manner described in the Terms of Use and a revised Privacy Policy will be posted on the Site.

Severability 

We have taken every effort to ensure that this Privacy Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Privacy Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy.

Exclusion

This Policy shall not be applicable to any information other than the information collected by Us through the Website. This Policy shall not apply to any unsolicited information You provide Us either through this Website or through any other means. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.

 Governing Law and Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of India. The courts at Mumbai-Maharashtra, Republic of India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Privacy Policy.

No Waiver

The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

Contact

If you require any information or clarification regarding the use of Your Personal Information or this Privacy Policy, you can contact us at legal@actofit.com.

If you have grievance with respect to use of your Personal Information, please write to legal@actofit.com.

The Actofit is a company based in India. By browsing/using Actofit’s Site / Device / App or Service, you hereby acknowledge that Actofit is not responsible or liable in any manner to comply with any local laws of your territory except India.