Privacy Policy

Last Updated: November 2023

This Privacy Policy ("Policy") describes how FIT:MATCH and our affiliates (collectively “FIT:MATCH”, “we”, us” or “our”) collects, uses, shares and protects personal or proprietary information about our customers and prospective customers (collectively, “User”, or “you” or “your”), including: visitors to FIT:MATCH fitting locations and pop-up stores (“Stores”), users of our fitmatch.ai website (“Website”), web applications and mobile applications (together, “Apps”)(Website and Apps collectively, “Sites”), and individuals who otherwise interact with us directly or through our affiliates and other business partners (collectively, the “Services”). 

Depending on the nature of Services provided, FIT:MATCH may act as a data controller and/or data processor (e.g. service provider). When we act as a data controller, we determine the purposes and means by which your information is used, shared, and processed and the terms of this Privacy Policy apply. When we act as a data processor, we may act on behalf of and under the instructions of the controller (e.g., a business partner), and that controller’s privacy policy governs the use of your information.  

Not Covered by this Notice. This Policy does not apply to job applicants or to FIT:MATCH employees and non-employee workers, whose information is subject to different privacy notices. The Site may include links to various websites, web applications or mobile applications operated by third parties including, but not limited to, third-party sites that display the FIT:MATCH trademarks, FIT:MATCH-affiliated brands or logos. This Policy does not apply to third-party websites, web applications or mobile applications that are accessible through the Sites unless such website, web application or mobile application directs users or visitors to this Policy. Please review the privacy policies on those websites, web applications or mobile applications directly to understand their privacy practices.

1. THE INFORMATION WE COLLECT

Depending on the nature of the Services provided, we may collect the following categories of information:‍

A. Information We Collect Directly From You. 

• Contact information. When you register with our Sites, sign up to receive news, updates, offers or other marketing communications from us, or participate in contests, sweepstakes, events or activities offered by us (collectively, "Events"), we may collect your name, email address, mailing address, phone number, and other account information such as username and password.
• Additional Business User Information: When you procure or register for our Services, we may collect your registered business entity name, registration number (e.g., EIN), business locations or contact addresses, your business representatives or business-owned email addresses and phone numbers and your external or internal product or apparel data.
• Demographic or health information. We may also collect certain demographic data or health information you provide to us such as age, gender, location, height, weight and medical procedure or diagnostic information.
• Payment information. If you engage in transactions with us or procure our Services, we may collect payment information including your name, billing and shipping address, payment type, credit or debit card number, bank routing number or SWIFT code, bank account number and other payment account details.
• Your communications and visits. When you post content or submit reviews, send feedback or comments, email us, call us, or otherwise communicate with us, we may collect and maintain a record of your contact details and communications, including the location, date and time of submission. When you visit our Stores, we may collect information about you through CCTV footage. 
• Video and TrueDepth data. We may request access to your device's camera or peripheral device (camera or sensor) to view your live video capture.  This live video capture does not store or otherwise retain any video data and is used solely for the purposes of creating your 3D avatar and TrueDepth fitting data. 

B. Information We Collect from Third Parties. 

• Business Partners. If you use our Services to access or purchase products from a third-party business partner, we may receive information from that business partner which may include your name, contact information, health information, shipping address and other personal details.
• Social media. If you choose to link, create, or login to your User Account with a social media service (e.g., Twitter, Facebook, Instagram, etc.), we collect your permission to access certain information from your profile with that social media service. If you post or interact with us on our page with any social media service, we may collect information about you related to those interactions.
• Marketing and Advertising Partners. We may collect information from third party sources that provide consumer data, including social networks, advertising companies and other sources of publicly available data.  The information we collect may include: information about the marketing and advertisements you have seen or clicked on; your contact information; demographic information; and information about your interests, including marketing inferences.

C. Information We Collect or Derive About You Automatically.

• Site. We and our third party providers may use cookies, pixels, tags, log-files, and other technologies to collect information about you from your browser or device, including, without limitation, your browser type, device type, operating system, software version, phone model, phone operating system, platform-dependent information, requested document, referring URL, date and time of your visit, clickstream data (e.g. about the pages you view, links you click and date and time stamps for your activities on our Sites) and the IP address associated with your transactions in the system. This information that we collect automatically may be linked with other information we have collected. For more information, see the Cookies and Analytics section below.
• Mobile or web applications (Apps). If you use our Apps, we may collect and receive information you’ve shared with us through device setting on and/or through these Apps, which may include (with your permission) access to your GPS location, camera, and contacts, as well as permission to send you push notifications.
• Profile and Interests. We may create profiles relating to you to show you the content that we think you might be interested in and reach you with more relevant ads and marketing.

Much of this information is collected through cookies, web beacons, and other tracking technologies, which may be operated by our partners who assist us in collecting information about usage of the Services, serving ads, or providing other services to you. For example, we use Google Analytics to collect usage details. You can learn more about privacy and Google Analytics by visiting https://support.google.com/analytics/answer/6004245, and opt out of collection of your data by using the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout. We may also use cookies set by other third-party services.

You may be able to opt out tracking by cookies or control how information collected by cookies is used via several means, as described below.

Your browser or device may include “Do Not Track” functionality; please note that we do not respond to such signals. However, our website is designed to honor Global Privacy Control signals or preferences. 

2. HOW WE USE YOUR INFORMATION

We may use your information for a variety of purposes, as permitted by applicable law, including: 

• Providing support and services: including to provide our Services, operate the Sites, and interact with you in our Stores; to create a 3D body scan with accurate measurements; to communicate with you about your access to and use of our Services; to respond to your inquiries; to provide troubleshooting, fulfill your orders and requests, process your payments and provide technical support; and for other customer service and support purposes.
• Analyzing and improving our business: including to better understand how users access and use our Sites and Services, to evaluate and improve our Sites, Services and business operations, and to develop new features, offerings and services; to conduct surveys and other evaluations (such as customer satisfaction surveys); to monitor consumer interest in our products and Services; to troubleshoot problems that may arise on our Sites; to increase our understanding of our customers; and for other research and analytical purposes.
• Personalizing content and experiences: including to tailor content we send or display on our Sites and other Services; to offer location customization and personalized help and instructions; and to otherwise personalize your experiences. 
• Advertising, marketing and promotional purposes: including to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about our Services, products, or other information we think may interest you; to identify potential new customers; and to administer promotions, sweepstakes, contests or other Events.
• Securing and protecting our business: including to protect and secure our business operations, Services, Sites, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.
• Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business.
• Complying with legal obligations and defending our legal rights: including to comply with the law, our legal obligations and legal process, such as warrants, subpoenas, court orders, and regulatory or law enforcement requests; to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation.

Aggregate and De-identified Data. We may use and share information in an aggregated or de-identified manner at our discretion, including for research, analysis, modeling, marketing, and improvement of our Services.

We may combine information from different sources. For example, we may combine information that we have collected offline with information we collect online, or we may combine information we get from a third party with information we already have.

3. HOW WE SHARE YOUR INFORMATION

We may share or disclose the information we collect as follows:

• Service Providers. We may share your information with service providers that we believe need the information to perform a technology, business, or other professional function for us such as billing and collection, IT services, maintenance and hosting of our Services, payment processors, marketing partners, accounting, auditing, and tax services, and other professional services (collectively, “Service Providers”). 
• Business Partners. Depending on your choice of Services, we may share your information with our business partners, including, for example, retail stores and certain fashion and clothing brands, to enable features, tools, and purchasing and for advertising and marketing purposes. 
• Analytics Partners. We partner with analytics providers, who collect information via tracking technologies on our websites to assist us with measuring visits and traffic on our websites so we can measure and improve the performance of the sites.
• Advertising and Marketing Partners. We may share information with third parties that provide advertising, campaign measurement, online and mobile analytics, and related services. These third parties may use third party tracking technologies to collect, receive or access browsing information and other data about you to help us better reach individuals with relevant ads and to better understand how individuals interact with our Site and Services overtime and across devices. These Third parties may also allow other companies to access information about you so that they may market other products you may be interested in. 
• Subsidiaries and Affiliates. We may share your information with our affiliated companies (i.e., our parent company and other companies under common ownership, control or management with us) for purposes consistent with this Policy.
• Social Media Platforms. If you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Services (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform.
• Legal Compliance. We may be required to share information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. In addition, we may share certain information when we believe that doing so is reasonably necessary to protect the rights, property, and safety of our company and/or others.
• Business Transfers. We may disclose and/or transfer information as part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
• Protect Our Rights: We may disclose information where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and/or to protect the rights, property or safety of FIT:MATCH, our affiliates, clients, customers and/or others.

4. HOW WE PROTECT AND STORE YOUR INFORMATION

We use a combination of physical, technical, and administrative controls to protect the information we collect or share including ensuring there is a high standard of safeguards across our Service Providers, Business Partners, Analytics Partners as well as Advertising and Marketing Partners. While we use these precautions to safeguard your information, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your information safe, such as enabling the protection recommended by the manufacturer, distributor or provider of your personal or business devices, choosing a strong password, logging out of your User Account and closing your web browser, closing our web application or mobile application when finished using the Services.

5. RETENTION OF YOUR INFORMATION

We will retain your personal information for as long as is necessary to complete the purposes for which it was collected, or as may be required by law.  

6. YOUR PRIVACY OPTIONS

You may have certain choices when it comes to how we collect and use your information:

• Account Information. Please visit your User Account to update your account information and payment method. You can also manage your account subscription opt-in / opt-out choices or request for account deletion by visiting us at https://www.fitmatch.ai/subscription-center. 
• Email Marketing. From time to time, FIT:MATCH may notify you by email of special promotions, changes to the Site, new product lines or products or service offerings that we think may be of special interest to you. If you decide you no longer want to receive emails notifying you of this information, follow the instructions to unsubscribe in the promotional message. 
• SMS Marketing. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving commercial text messages by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. If you opt-out, we may still send you messages regarding the status of your orders and other service-related communications.
• Mobile Apps: You can manage your preferences for push notifications, and access to your device location, camera, photos, and contacts through the device settings of your mobile device. In some cases, you may not be able to use certain features of the Apps if you decline certain permissions. For example, you must permit the Apps to access your device's camera to use certain features such as the 3D body scan functionality.
• Online Activity Tracking and Interest-Based Advertising. You have several options to either prevent our collection of information regarding your online activity, or prevent third parties from using such information from being used for interest-based advertisements:

• You can opt out or set preferences regarding cookies when a device you utilize visits the Services, by visiting https://fitmatch.ai to access our cookie management tool. Please note that you will need to set preferences on each device you use to access the Services.
• You may also modify your browser setting to disable or reject cookies across the internet; but if you do so, some features of our Sites and Services may not function properly or be available. If you are visiting the Services from a mobile device, the operating system of the device may offer you options regarding how the device collects and uses your information for interest-based advertising. Please visit https://thenai.org/opt-out/mobile-opt-out/ for more information.
• You may be able to prevent third parties from using your information for interest-based advertisements across the internet by visiting http://www.networkadvertising.org or http://www.aboutads.info. Please note this does not opt you out of being served ads, nor will it prevent the receipt of interest- based advertising from other companies that do not participate in these programs.
• Please note that our Site does not recognize or respond to any signal that your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our Services, you should not rely on any 'Do Not Track' feature your browser might have.

• Collection and Disclosure of Information by Consumer Data Providers: When you opt out of our use or sharing of your information, it does not opt you out of the use or sharing by other companies, including “data brokers” who may provide us with information. To learn more about data brokers generally, visit data broker registries created by California (https://oag.ca.gov/data-brokers) and Vermont (https://sos.vermont.gov/corporations/other-services/data-brokers/). 

7. CHILDREN’S INFORMATION

Our Sites and Services are not directed to children under the age of 13, and FIT:MATCH does not knowingly collect or maintain information from children we actually know at the time of collection are under the age of 13.  If we have inadvertently collected the information of a child under 13, or equivalent minimum age depending on jurisdiction, a parent or guardian of that child may contact us at privacy@fitmatch.ai or visit us at https://www.fitmatch.ai/subscription-center to request that we delete the information from our records or otherwise cease the use of that information.  

8. UPDATES TO THIS PRIVACY POLICY

We may make changes to this Policy from time to time. The “Effective Date” at the top of this page indicates when this Privacy Policy was last revised. We may also notify you in other ways from time to time about the collection, use, and disclosure of your information described in this Policy. 

9. CONTACT US

If you have any concern about our privacy practices, our use and disclosure practices, your consent choices, or if you would like to exercise your rights, please contact us by email at privacy@fitmatch.ai or by writing to us at:

‍FIT:MATCH

6750 N Andrews Ave

Suite 200

Fort Lauderdale. FL 33304

10. STATE-SPECIFIC PRIVACY RIGHTS

A. VIRGINIA, COLORADO AND CONNECTICUT

Residents of Virginia, Colorado and Connecticut have the right to access, delete, and correct certain personal information we collect about you. When you request access to personal information, you have the right to receive that information in a portable and readily usable format. You also have the right to restrict the use of that personal information for targeted advertising, restrict the sale of that personal information, and control our use of personal information considered sensitive. You also have a right not to receive discriminatory treatment for the exercise of your privacy rights.

Residents of Virginia, Colorado, and Connecticut also have the right to opt-out of automated processing in certain instances where such processing would produce legal or other similarly significant effects. At this time, we do not use personal information to make automated decisions about you in any situations where you may have a legal right to opt out.

“Personal information” is defined as “any information that is linked or reasonably linkable to an identified or identifiable natural person.” 

You or your authorized agent may submit a request to exercise your access, deletion, and correction rights through our website at https://www.fitmatch.ai/subscription-center, or by emailing us at privacy@fitmatch.ai. To opt out of targeted advertising and the sale or sharing of personal information, or to set preferences regarding our use of sensitive personal information, please visit our Your Privacy Choices page through our website at https://www.fitmatch.ai/subscription-center. If we deny your request, you have the right to appeal our decision. You may do so by emailing us at privacy@fitmatch.ai.

To opt out of targeted advertising and the sale or sharing of personal information, please visit our privacy choices features through our website at https://www.fitmatch.ai/subscription-center or email us at privacy@fitmatch.ai.

B. NEVADA

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties who will sell or license their information to others. If you are a Nevada resident and would like to make such a request, please email us at privacy@fitmatch.ai.

C. CALIFORNIA PRIVACY RIGHTS

NOTICE AT COLLECTION FOR CALIFORNIA RESIDENTS

You have the right under the California Consumer Privacy Act (“CCPA”) to receive notice of the categories of personal information we collect, the purposes for which those categories of personal information will be used, and how we determine the length of time for which the personal information is maintained. You are also entitled to receive notice regarding your rights under the CCPA.  Personal information is defined under California law as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”

Collection, Use, and Retention of Personal Information

As a California resident, you have the right to receive notice of the categories of personal information we collect, the sources from which we receive personal information, and purposes for which we use personal information.

California law also requires us to provide information regarding the criteria we use to determine the length of time for which we retain personal information. We utilize the following criteria to determine the length of time for which we retain personal information:

• The business purposes for which the personal information is used, and the length of time for which the personal information is required to achieve those purposes;
• Whether we are required to retain the personal information type to comply with legal obligations or contractual commitments, to defend against potential legal claims, or as otherwise necessary to investigate theft or other activities potentially in violation of our policies and procedures applicable to you or against the law, to ensure a secure online environment, or to protect health and safety;
• The privacy impact of ongoing retention on the consumer; and 
• The way information is maintained and flows through our systems, and how best to manage the lifecycle of information considering the volume and complexity of the systems in our infrastructure. 

The following chart describes our practices with regard to the collection, use, and retention of your personal information if you are a customer, website visitor, or business contact.

The categories we use to describe personal information are those listed in the CCPA. Certain personal information may fall into multiple categories, and in some circumstances, how we use and how long we keep the information within each category will vary. 

The examples listed below are illustrative and do not represent a complete description of the personal information we process.

Category

Required Information

Personal Identifiers

Examples of what we collect: identifiers such as a name, username and password, phone number, email address, and date of birth.

Sources: Directly from you; Third parties; Business Partners.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: Certain personal details are maintained throughout the customer relationship in order to provide the Services. When you are no longer a customer, we may still need this information for a period of time for business and legal requirements, such as to calculate taxes and protect against fraud.

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Examples of what we collect: Physical characteristics or description (e.g. height and weight), address, telephone number, credit card number, debit card number, or any other financial information.

Sources: Directly from you; Third parties; Business Partners.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: Certain personal details are maintained throughout the customer relationship to provide the Services. When you are no longer a customer, we may still need this information for a period of time for business and legal requirements, such as to calculate taxes and protect against fraud.

Protected classification characteristics under California or federal law

Examples of what we collect: characteristics of protected classifications under applicable law such as race, sex, age, and disability.

Sources: Directly from you; Third parties.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: Demographic information is used to inform the delivery of our Services throughout the customer relationship. 

Commercial information

Examples of what we collect: Transaction information, billing records, payment records, order history.

Sources: Directly from you; Third Parties; Business Partners.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: The law requires us to maintain purchase records for a period of time, which varies by state.

Biometric information

Not collected.

Internet or other similar network activity

Examples of what we collect: Unique numerical identifier, cookie or tracking pixel information, device ID, browsing history, search history, IP address, interaction with a website, or interaction with advertisement.

Sources: Automatically from you; Third Parties.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: Internet or other similar network activity is typically deleted at regular intervals when the information is no longer necessary for the purpose for which it was collected.

Geolocation data

Examples of what we collect: Coarse information (e.g., ZIP code, IP address) 

Sources: Automatically from you when you utilize or interact with our websites.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: Geolocation data is deleted at regular intervals when the information is no longer necessary for the purposes for which it is collected.

Professional or employment related information

Not collected.

Education information

Not collected.

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

Examples of what we collect: audio, electronic, visual, or similar information such as CCTV footage, photographs, audiovisual recordings, and call recordings.

Sources: Directly from you.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: Call recordings are deleted at regular intervals when the information is no longer necessary for the purposes for which it is collected.

Inferences drawn from other personal information

Examples of what we collect: Interests, preferences.

Sources: Third Parties; Third Parties.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: The retention period for this type of personal information will vary depending on the nature of the underlying information from which the inference is created.

Sensitive information

Examples of what we collect: Password or credentials allowing access to an account, racial or ethnic origin.

Sources: Directly from you; Third Parties.

Purpose of collection and use: All purposes listed in How We Use Your Information.

Retention Considerations: Certain personal details about you are maintained throughout the life of the customer relationship in order to provide the Services.

‍

Sale, Sharing, and Other Disclosure of Personal Information

California law also requires us to provide you with information regarding the parties to whom we “sell” or “share” your personal information, and the parties to whom we disclose your personal information for a business purpose.  Under the CCPA, a business “sells” personal information when it discloses personal information to a company for monetary or other benefit. A company may be considered a third party either because the purpose for its sharing of personal information is not for an enumerated business purpose under California law, or because its contract does not restrict it from using personal information for other purposes.

Any category listed in the chart above may be disclosed for a business purpose to service providers and contractors, which are companies or individuals that we engage to conduct activities on our behalf. Service providers and contractors are restricted from using personal information for any purpose not related to our engagement.

We sell or share your personal information as follows:

• Identifiers: Similar Companies; Analytics Partners; Advertising and Marketing Partners; Business Partners; Affiliates.
• Personal information categories listed in the California Customer Records statute: Similar Companies; Analytics Partners; Advertising and Marketing Partners; Business Partners; Affiliates.
• Internet or Electronic Network Activity Information: Analytics Partners; Advertising and Marketing Partners.
• Geolocation data (Coarse information only): Analytics Partners; Advertising and Marketing Partners; Third Party Retailers; Affiliates.
• Sensitive Personal Information: to Analytics Partners; Advertising and Marketing Partners; Business Partners; Affiliates.

We may disclose your personal information in other ways that are not considered sales under the law. Please see “How We Share Information” above for more information about how we share your information.

Right to Know and Request Access to, Correction of, and Deletion of Personal Information

As a California resident, you have the right to request access to personal information collected about you in a portable format and to receive information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request we correct inaccurate personal information and to request, in certain circumstances, that we delete any personal information that we have collected directly from you. 

You may submit a request to exercise your rights to know/access, correct, or delete your by using our privacy request feature through our website at https://www.fitmatch.ai/subscription-center, or by emailing us at privacy@fitmatch.ai. You may authorize another individual or a business, called an authorized agent, to make requests on your behalf through these means.

To process your request, we must verify your request. We do this by asking you to provide personal identifiers we can match against information we may have collected from you previously and confirm your request using the email account stated in the request.

We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Right to Opt Out of Personalized Advertising and Sale or Sharing to Third Parties

California residents have the right to opt out of the use and disclosure of your personal information for the purposes of selecting or delivering advertising based on your activity over time and across different online platforms. U.S. residents also have the right to opt out of certain disclosures that are considered “sales” or “sharing” under applicable state laws. To review our Notice of Right to Opt Out of Sale/Sharing and exercise your right, please visit our website at https://www.fitmatch.ai/subscription-center. Please note that your right to opt out does not apply to our sharing with Service Providers, as described above.

Right to Limit Use of Sensitive Personal Information

California residents have the right to request that we limit use of your sensitive personal information to certain purposes allowed by law. To review our Notice of Right to Limit and exercise your right, please visit our website at https://www.fitmatch.ai/subscription-center. 

Right to Information Regarding Participation in Data Sharing for Financial Incentives

We may offer rewards, discounts or other benefits to consumers enrolled in certain promotional or loyalty programs, such as a percentage off your next purchase when you sign up for our email promotions. Consumers can opt-out of individual programs in their account settings or by contacting us as indicated above. 

FIT:MATCH does not generally assign monetary or other value to consumers’ programs, and our promotions activity changes continually. To the extent California law requires that a value be assigned to such programs, or the price or service differences they involve, FIT:MATCH values them as being equal to the value of the discounts or other financial incentives provided in each such program. Such calculation is based upon a practical and good-faith effort to assess, on an aggregate basis for all collected information: (1) the data elements collected (e.g., email address), (2) the use of such information by FIT:MATCH in connection with its marketing activities, (3) the range of discounts provided (which can depend on each consumer’s purchases under such offers), (4) the number of consumers enrolled in respective programs, and (5) the product or service to which the benefits (such as price difference) applies. These values can change over time.

D. INDIVIDUALS IN THE EEA, SWITZERLAND, OR THE UK

The EU General Data Protection Regulation and the UK General Data Protection Regulation provide individuals located in the EEA, United Kingdom, and Switzerland the rights to receive notice regarding the purposes for which your data are processed and the legal basis for our processing, the categories of recipients of your personal information, whether the personal information will be transferred outside these jurisdictions, and the criteria we use to determine how long to retain your data. You also have the right to receive notice about your rights. These rights apply to all individuals in these locations, regardless of whether you are a customer, business contact, or member of the workforce. 

The GDPR defines “Personal Data” to mean “any information that is linked or reasonably linkable to an identified or identifiable natural person.” 

Right to be Informed

The general section of this Privacy Policy describes the types of personal information we collect, how we collect it, and how we use it in categories that are easy to understand. For information on our retention practices, please see Retention of Your Personal Information above.

We rely on a variety of legal bases to process your personal information. We mainly process your personal information because it is necessary to perform our agreement to provide the Services to you or because the processing is necessary for our legitimate interests where those interests do not override your fundamental rights and freedoms related to data privacy. Where we rely on legitimate interest as this lawful basis, our legitimate interest is promoting our business, improving the services we offer to you and your experience when you interact with us, and ensuring effective operational management and internal administration of our business and the exercise of our rights. In limited circumstances, we may rely on other legal basis for processing your personal information, including when necessary to comply with a legal obligation or where you provide your consent for processing.  

Certain personal information may be transferred to and processed in the US and other countries where we have facilities or in which we engage service providers. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage, and processing of your data.

Right of access, right to data portability, right to request correction, and right to request deletion of information

You have the right to request that we:

• Give you access to, and a copy of your personal information we hold in our systems;
• Correct or update inaccurate or incomplete personal information we have about you;
• Delete all or some of the personal information we have about you (e.g., if it is no longer needed to provide Services to you)

You may submit a request to exercise your rights to know/access or delete your personal information by visiting us at https://www.fitmatch.ai/subscription-center. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response. Please note that, to verify your identity, we may require you to provide us with information prior to accessing any records containing information about you. 

Right to object, withdraw consent, and restrict processing

You have the right to request that we: 

• Stop using, and ensure that all third parties stop using, some or all your personal information (e.g., if we no longer have a legal basis to process it);
• Stop contacting you with promotional messages.

To submit a request, please visit our website at https://www.fitmatch.ai/subscription-center. 

Right to opt out of automated processing 

You have the right to opt out of automated processing where such processing would produce legal or other similarly significant effects. However, we do not use personal information of residents of the EEA, Switzerland, and United Kingdom to make automated decisions about you that would have these effects.

Lodging a Complaint

You have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available at https://ec.europa.eu/newsroom/article29/items/612080.