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Privacy

In this Privacy Policy, we describe how Fitness Cubed Inc. (“Fitness Cubed,”“we,” “us,” or “our”) collects, uses, and discloses your information. We also describe the rights and choices you have regarding our use of your information.

This Privacy Policy applies to the information that we collect about users of theFitness Cubedwebsite (www.mycubii.com) (the “Site”) and mobile application (the “App”). We refer to the Site,App, and the servicesavailable through them as, collectively, the “Services.”Your use of our Services is subject to this Privacy Policy and our Terms of Use.

Fitness Cubed is headquartered in Chicago, United States, and our Services are provided to you by Fitness Cubed Inc. If you are a resident of the European Union (“EU”), Fitness Cubed Inc. is the controller of your personal data for the purposes of EU data protection laws.

This policy is written in English language. To the extent a translated version conflicts with the English version, the English version controls. Unless indicated otherwise, this Privacy Policy does not apply to third-party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through the Services.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

This Privacy Policy contains the following sections:

  1. The Information We Collect    
  2. How We Use Your Information    
  3. Legal Bases for Use of Your Information    
  4. Cookies and Similar Technologies    
  5. Online Analytics and Advertising    
  6. How We Share and Disclose Your Information    
  7. Retention of Your Information    
  8. Third-Party Links and Features    
  9. Data Subject Rights and Your Marketing Choices    
  10. Children’s Privacy    
  11. International Users    
  12. How We Protect Your Information
  13. Changes to Our Privacy Policy    
  14. Contact Information
        
  1. THE INFORMATION WE COLLECT         

    We obtain a variety of information from and about you as you use the Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with certain information, or ask us to delete it, you may no longer be able to access or use our Services. For example, if you are a customer but do not provide us with your billing information, we won’t be able to fulfill your orders.         

    • Information You Provide to Us             

      We collect a variety of information that you provide directly to us. For example, we collect information from you when you:               

      • Register for an account;                
      • Place an order;                
      • Communicate with us on ourWebsite,App, over the phone, on third-party social media sites, and by mail or email;                
      • Sign up for our newsletter;                
      • Use our App;                
      • Participate in Fitness Cubed sweepstakes, contests, or research;                
      • Reviews, comment, or otherwise post on or through our Services; or                
      • Request customer support and technical assistance.            
                  

      The specific types of information we collect from you depend on the Services you use and the information you choose to provide, but such information generally includes:                

      • Your name, address, telephone number, and email address;   
      • Log-in credentials;                
      • Billing information, such as shipping address and payment information;                
      • Your purchases through our Services;                
      • Health information that you provide through our App, such as profile information, height, age, weight, gender, and nutrition information;                
      • Your interactions with customer service; and                
      • Any other information you choose to provide directly to us.    
                  

      If you request that your Cubii purchase be shipped to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.          

    •             
    • Information We Collect Through Automated Means             

      When you use our Services, we collect certain information automatically as described in this section. We and our service providers (which are third-party companies that work on our behalf) may use a variety of technologies, including cookies and similar tools, to assist in collecting this information. You can learn more about our use of cookies and similar tools in the “Cookies and Similar Technologies” section below.                

      • Usage Data. We collect and analyze information about how you use our Services. This information includes the dates, times, frequency and durations you access our Services, which features you use and which pages you visit, the type of browser through which you access our Services, error logs and other system activity, and the websites that referred you to our Services. We also collect and analyze information about your transactions on our Services.                
      • Device Data. We collect and analyze information about the device(s) you use to access our Services. This information includes your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.                
      • Information Collected Through Apps.If you choose to connect your Cubii to the App, we will collect information about your use of your Cubii, including calories, distance, time and strides.As explained in “Information You Provide To Us” above, we also may collect any profile information you choose to provide, such as height, age, and gender.Additionally, if you choose to connect your App account with a third-party app, we may collect information you have shared with those apps, consistent with your settings and permissions in those apps. Specifically, we may collect the following if it is made available to us:          
                                  
        • From the Fitbit app: Sleep, weight, profile information, heart rate, location/GPS, food and water logs, and activity/exercise.                        
        • From the Apple Health app: active energy, body temperature, body fat percentage, BMI, basal body temperature, cycling distance, blood pressure, dietary energy, heart rate, height, leanbody mass, respiratory rate, sleep analysis, steps, systolic blood pressure, waist circumference, walking/running distance, water consumption, and weight.                
      •                 
      • Location Information. When you use the Services, we and our service providers collect general location information from your computer or mobile device. “General” location information means information about the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location. You may also choose to allow us to access your precise GPS location information. We will always ask your permission before collecting your precise GPS location information. You can disable geolocation tracking on your device at any time. For more information, see the “Data Subject Rights and Your Choices” section below.      
    •             
    • Information We Collect from Social Media and Other Content Platforms                 

      When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media sites, we may collect some information from you, including your name, e-mail address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.           

    • Information We Collect from Others                 

      We may also receive additional information, such as demographic and statistical information, from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups.

  2.     
  3. HOW WE USE YOUR INFORMATION         

    Weand our service providers use the information described above to:       

    • Complete a purchase;            
    • Provide you with updates and information about your orders or purchases;            
    • Provide, manage, and improve the Services;            
    • Respond to your requests for information and provide you with more effective and efficient customer service;            
    • Conduct internal business operations in support of our Services, such as auditing, security, resolving crashes, preventing fraud,invoicing and accounting, sales and marketing, analytics, and research and development;            
    • Contact you by email, mail, or phone regardingFitness Cubed and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you;            
    • Customize content, preferences,and advertising on the Services and other services, as well as to customize marketing;            
    • Help us better understand your interests and needs;            
    • Comply with the laws, regulations, and other legal process and procedures;
    • Establish, exercise, or defend our legal rights; and            
    • Take steps that we reasonably believe to be necessary to protect the safety, security, and rights of Fitness Cubed, its employees, service providers, and others.        
            

    Please note that we may combine the information that we collect through the Services with information that we collect automatically or receive from other sources and use such combined information in accordance with this Privacy Policy.        

    We may also aggregate, de-identify, and/or anonymize any information collected through the Services in such a way that we cannot reasonably link information to you or your device. We may use such aggregate, de-identified, or anonymous information for any purpose, including without limitation for research and marketing purposes.    

  4.     
  5. LEGAL BASES FOR USE OF YOUR INFORMATION         

    For residents of the European Economic Area, the EU General Data Protection Regulation (“GDPR”) requires us to have a “legal basis” (or justifiable need) when we process your Personal Data (as that term is defined in the GDPR).To the extent the GDPR applies, our legal bases for processing Personal Data are as follows:         

    • Where your Personal Datais necessary to perform our obligations pursuant to a contract (or pending contract) with you. For example, we will process your Personal Data to comply with our Terms of Use(which you accept by browsing the websites/registering for our Services), to enter into a contract with you, and to honor our commitments in any contracts that we have with you.            
    • Where your Personal Datais necessary for our legitimate interests or the legitimate interests of others. For example, we will process your Personal Data to provide security for our Services; operate our business and our Services; ensure safe environments for our employees and visitors; make and receive payments; comply with legal requirements and defend our legal rights;prevent fraud; and know the customer to whom we are providing Services.            
    • Where use of your Personal Data is necessary for us to comply with our legal obligations. For example, we will process your Personal Data to comply with tax laws.            
    • Where we have your consent. For example, where a country requires that we obtain your consent before directly marketing to you, we will process your Personal Data on the basis of your consent.    
        
  6.     
  7. COOKIES AND SIMILAR TECHNOLOGIES         

    Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g.,Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that if you choose to block essential or functional cookies, you may not be able to take advantage of certain features on the Site or the Site may not display property.        

                  
    • Types of Technologies We Use                 

      We and our service providers may use cookies and similar technologies such as web logs, tags, tracking pixels, and other similar tracking technologies on the Site and Services. A cookie is a small text file that is placed on your computer or mobile device when you visit a website, and it enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email that are designed to: (i) collect usage information like ad impressions or clicks and email open rates; (ii) measure popularity of the Services and associated advertising; and (iii) access user cookies.As we adopt additional technologies, we may also gather information through other methods.

      We use the term “cookie” in this section to refer broadly to all types of tracking technologies we use.
          

    • Types of Information Collected and Purpose of Collection               

      We use cookies to better understand how visitors use the Site, which allows us to offer you a more tailored experience in the future by understanding and remembering your particular browsing preferences. Some examples of types of information that we collect through cookies include:

      • How many individuals visit the Site and how often;                   
      • What pages on the Site were viewed;                    
      • The name of the website you visited prior to the Site;              
      • Whether you are visiting our Site for the first time or not;         
      • Your viewing preferences (e.g. layout, sizing preferences, language, etc.); and                    
      • The type of browser used and your IP address, so that we can identify you during your next visits.               
                      

      We may use the information collected from cookies for the following purposes:                    

      • To customize your experience on the Site;                    
      • Customize our advertising and marketing messages, including those that appear on our Site or those of third parties; and    
      • Analyzing user activity and trends to better improve the Services.            
    •             
    • Types of Cookies we use                 

      We use first-party and third-party cookies for several reasons. Some cookies are necessary for technical reasons for our Site to operate and/or provide basic functionality to you, and we refer to these as “essential” cookies. Other cookies enable us to customize and enhance your experience on our Site and the Services. Third parties also serve cookies through our Site for advertising, analytics and other purposes. The specific types of first- and third-party cookies served through our Site and the purposes for which we use them are described in more detail below.                 

      • First-party cookies: These are cookies created by Fitness Cubed that allow you to browse our Site and use its features. They may also assist in analytics activities.                    
      • Third-party cookies:In addition to our proprietary cookies, we may allow third parties to place cookies on your computer, access them and associate web beacons with them. These cookies enable third-party features or functionalities to be provided on or through the Site for the purposes listed above. The parties that set these third-party cookies can recognize your device both when it visits our Site and also when it visits certain other websites.    
                      

      The types of first- and third-party cookies we use on the Site are:   

      • Essential website cookies: These cookies are strictly necessary to provide you with services available through our Site and to use some of its features. Because these cookies are strictly necessary to deliver the Site, you cannot refuse them without impacting Site functionality.                    
      • Functional cookies: These cookies allow you to browse our Site or benefit from some of its features, such as memorizing language or display preferences. Similar to essential cookies, if these cookies are disabled, it could impair your Site experience.                    
      • Analytics cookies: These cookies allow us or our third-party analytics providers to collect anonymized and/or aggregate statistics on how visitors use the Site, which we use to improve the Site and Services.                      
      • Advertising cookies: These cookies, provided by our third-party advertising partners, collect information about your online activity and preferences so that we can provide advertising that is most relevant to you and analyze how visitors interact with our ads.    
                  
    •             
    • Cookie Management                 

      Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g.,Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that if you choose to block essential or functional cookies, you may not be able to take advantage of certain features on the Site or the Site may not display property.  

  8.     
  9. ONLINE ANALYTICS AND TRACKING         
                  
    • Analytics                 

      We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.               

      If you receive email from us, we may use certain analytics tools, such as tracking pixels, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.            

    • Notice Concerning Do Not Track.                 

      Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, which is why we describe a variety of opt-out mechanisms above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.     

        
  10.     
  11. HOW WE SHARE AND DISCLOSE YOUR INFORMATION         

    We and our service providers will share your information in the following ways:            

    • Service Providers. We provide access to or share your information with select third parties who perform services on our behalf, such as billing, sales, marketing, product content and features, advertising, analytics, research, customer service, delivery, data storage, security, fraud prevention, payment processing, and legal services. 
    • Other Third-Party Apps. When you initiate a connection with a third-party service (e.g., the Apple Health app, FitBit, MyFitnessPal) through the Services, we will share information about you that is required to enable delivery of the third-party content. Similarly, if you connect your Cubii to another third-party app, you acknowledge that information may be shared with the third-party app during the connection (e.g., information about how you use your Fitness Cubed product). If you choose to initiate these connections, you agree that the third-party app’s policies and terms, and not Fitness Cubed’s, govern these connections. We urge you to read the privacy and security policies of these thirdparties.             
    • Protection of Fitness Cubed and Others. We may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention, or disclosure is reasonably necessary to: (i) comply with law or legal process (e.g., a subpoena or court order); (ii) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; and/or (v) protect the rights, property or personal safety of Fitness Cubed, its agents and affiliates, its users, and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
    • Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a thirdparty, userinformation (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, Fitness Cubed will comply with such restrictions.
    • Your Consent.If you have consented to our sharing of your information, we will also share your information consistent with your consent.
            

    From time to time, Fitness Cubed may share aggregate or anonymous information about use of the Services, such as by publishing a report on usage trends. We may share or disclose such aggregate or anonymous information with any third party, including advertisers, promotional partners, and sponsors.

  12.     
  13. RETENTION OF YOUR INFORMATION         

    We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

  14.     
  15. THIRD-PARTY LINKS AND FEATURES         

    The Services contain links to third-party websites and third-party plug-ins (e.g., Twitter, Facebook, and other social media platforms), and allow you to integrate with third-party services. If you choose to use these websites, features, or plug-ins, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. Fitness Cubed is not responsible for the content or practices of such third-party websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

  16.     
  17. DATA SUBJECT RIGHTS AND YOUR CHOICES         
                    
      • Your Legal Rights                 

        If you would like further information in relation to your legal rights under applicable law, the procedures to exercise any of your rights, or would like to exercise any of them, please contact us at [email protected]. Your local laws, such as those in the European Union, may permit you to request that we:

        • provide access to and/or a copy of certain information we hold about you;                
        • prevent the processing of your information for directmarketing purposes (including any direct marketing processing based on profiling);                
        • update or rectify information which is out of date or incorrect;                
        • delete certain information which we are holding about you;                
        • oppose, cancel, or restrict the way that we process and disclose certain of your information;                
        • transfer your information to a third-party provider of services; or                
        • revoke your consent for the processing of your information.            
                    

    We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request as required or permitted by applicable law.

    If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

    • Marketing Communications and Sharing                 

      You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt-out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt-out of certain operational emails, such as those reflecting our relationship or transactions with you.

    • Leaderboard Information                 

      For users of our App, we collect aggregate information relating to calories burned, exercise time, and distance traveled (the “Leaderboard Information”) in order to display such information to other users of the Services on the “Group Leaderboard.” Leaderboard Information is not linked to your personal information. The aggregate information we collect is pooled together to help us improve our Service and to allow users of the Service to gauge their performance vis-à-vis other users.You may elect not to include and display your aggregate information in the Leaderboard Information by selecting the applicable option on the Website or App.

    • Privacy Rights for California Residents                 

      The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

  18.     
  19. CHILDREN’S PRIVACY         

    The Services are intended for general audiences and not for children. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without parental consent, we will take reasonable steps to delete it as soon as possible. We also do not knowingly process Personal Data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

  20.     
  21. INTERNATIONAL USERS         

    Please note that in providing services to you, Fitness Cubed may subcontract the processing of your data to, or otherwise share your data with, trusted service providers and trusted business partners in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of Services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.

    If you live in the EEA, please note that if we provide any information about you to any non-EEA members of our group or third-party information processors, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy. These measures include signing Standard Contractual Clauses in accordance with EU and other data protection laws to govern the transfers of such data. For more information about these transfer mechanisms, please contact us as detailed in the “Contact Information” section below.

    If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

  22.     
  23. HOW WE PROTECT YOUR INFORMATION         

    We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services and that any such transmission is at your own risk.

    You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.

  24.     
  25. CHANGES TO OUR PRIVACY POLICY         

    We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

  26.     
  27. CONTACT INFORMATION         

    If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at [email protected] or call us at +1 844 282 4401.