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Privacy Statement And Policy

This Privacy Policy informs users of the Lose It! Website, AscendApp.com, and other Lose It! controlled or operated websites (“Websites”) and embodyDNA and other LoseIt! mobile applications (“Apps”) about how FitNow, Inc., doing business as Lose It! (“Lose It!” or “we”) gathers and uses (i) personal information submitted to Lose It! and (ii) aggregated information collected from the Websites, Apps and Lose It! Services (as defined below). This Privacy Policy applies to the Websites and Apps and other Lose It! owned websites, domains, services, applications and products (“Lose It! Services”).

We may modify or amend this Privacy Policy from time to time. If we make material changes, as determined by us, in the way in which personal information is collected, used or transferred, we will notify you of these changes by email and by posting a modified version of this Privacy Policy on our website. Your continued use of Lose It! Services ten days following any changes means that you accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain your consent otherwise.

Scope of this Privacy Statement
Collection of Personal Information
Use of Personal Information
Sharing Information with Friends and in User Forums
Control of Personal Information and Opt-Out Options
Security of Information We Collect
Protection of Children’s Privacy
Use of Cookies and Tracking Technology
Enforcement of This Statement
Links to Other Websites
Users from Outside the United States
DO NOT TRACK DISCLOSURE
Collection of Personal Information
Lose It! collects and uses your personal information to manage and enhance your use and experience of the Websites and Apps and Lose It! Services. LOSE IT! DOES NOT SHARE INFORMATION COLLECTED FROM YOU THAT COULD PERSONALLY IDENTIFY YOU (“Personally Identifiable Information”) WITH ANY THIRD PARTY UNLESS YOU SPECIFICALLY CONSENT TO SUCH SHARING. We may share information that we collect with third parties consistent with this Privacy Policy, but such information will be aggregated and/or modified so as not to enable the identification of any user.

We may also use and allow third parties to track your browsing history profile. Such tracking will allow Lose It! to offer you specifically tailored services and products (both of Lose It! and its third party partners). No personally identifiable information will be shared with any third party without your consent.

Types of Information Collected

User Information. In addition to the above personal information, we collect standard information about Lose It! users such as:

Personal Diet Data”, including, birthdate, height and weight, sex, and specific details of the foods and drinks that you consume and your exercise, and genetic results from embodyDNA.
Test results generated from a user’s genetic data, but don’t store the genetic data itself
Email address and Lose It! Password.
IP addresses, browser type and your operating system.
Pages visited on the Websites referring and exit pages, and the dates and times of the visits.
Financial information, such as your credit/debit card number or other billing information for purchases and product upgrades.
Any additional information relating to you and your use of the Websites, Apps or Lose It! Services that you provide to use directly through the Websites, Apps or Lose It! Services.
Location data and other information about devices used to access and interact with the Websites or App.
Information that you make publicly available or publicly post using tools made available on the Websites or via the App.
Information you may provide in user-to-user messages.
Information collected from promotions with third party companies.
Additionally, you may choose, as part of using the embodyDNA App, to provide a biological sample to one of our partners to allow Genetic Information to be generated for you and incorporated into embodyDNA. Genetic Information will not be shared with us unless you consent to such sharing.

Coaches. If you are a Coach participating in the Ascend for Lose It! coaching program you will be asked to provide your email address and to select a password. You may also provide personal information such as your name, the name of your company and your photo.

Supplemental Information.
Your information may also be supplemented with additional information from other sources, including publically available sources.

Use of Personal Information

We will treat the information we collect as confidential. We will not share Personally Identifiable Information about you without your consent. We may share information collected from you that does not identify you or an individual with third parties, including advertisers and potential business partners. For example, we may disclose the total number of pounds lost by all Lose It! users, the average weight loss of Lose It! users, or generalized information about diet and exercise habits based on aggregated statistics developed from collected data.

We may also use share data that does not identify a user:

To fulfill the services and products you request from us.
To operate and improve the Websites, App and Lose It! Services available to you through Lose It!, including developing new features and products.
To communicate with you, respond to your requests and manage our relationship
To personalize the products and services provide to you.
Measure performance of the products and Lose It! Services
To allow you to participate in Challenges, contests and surveys. Lose It! may co-sponsor promotions with other companies, in which case any information collected is likely to be shared with other participating sponsors.
To send you marketing notices including promotions of our products and services. You can opt-out of communications from Lose It! at any time (see control of personal information below).
For internal purposes, which may require the transfer of such information to other Lose It! affiliates for administrative purposes, for technical maintenance purposes, the marketing and promotion of products and services that might be of interest to you.
We may disclose your personal information (including Genetic Information) when we reasonably believe that it is required by law, a duly authorized court order, or legal process and to protect and defend the rights and interests of Lose It!, its affiliates, suppliers, or users. If we are required to disclose your information, we will attempt to provide you with advance notice, unless we are prohibited from doing so by law.

In the event Lose It! goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information and Personal Diet Data will, in most instances, be part of the assets transferred. We will require as a term of such transition that the entity acquiring users’ personal information and Personal Diet Data treat such information in accordance with this Privacy Policy.

In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal information.

Apple HealthKit

Notwithstanding the foregoing, Lose It! will not use or disclose to third parties user data gathered from the Apple, Inc. Healthkit framework or Healthkit API for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. In no event will any information be collected from Healthkit users for use by third parties in compliance with this section without obtaining user consent.

Sharing Information with Friends and in User Forums

The Lose It! Services allow you to share your diet and exercise goals and information with friends that you select. In addition, if you accept an invitation from a Coach as a part of our Ascend for Lose It! coaching service, you will enable the sharing of your Personal Diet Data information and potentially personally identifiable information with the Coach.

Please bear in mind that Lose It! cannot control what your friends or Coaches do with the information you share with them, so you should only share with friends and Coaches you trust.

The Genetic Information Nondiscrimination Act of 2008

The Genetic Information Nondiscrimination Act of 2008 (GINA) provides that you do not need to share your genetic Information with your employer or your health insurer. Even so, you may be asked to share your Genetic Information with other insurers. These others could include life, long-term care, and disability insurance firms. You should always take care with whom you choose to share your Genetic Information.

Control of Personal information and Opt-Out Options

Lose It! values the accuracy of the information you provide. You can confirm, change, or update personal information you have provided to us by contacting us directly at [email protected]

If you want to opt-out of communications from Lose It!, you can do so by emailing your request to [email protected] If you change your mind, you can opt-in again, by emailing this same address. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices.

Security of the Information We Collect

We take commercially reasonable precautions in an effort to protect your information against security breaches. For example, we store personal information and Personal Diet Information in a secure, limited access facility, and we use industry-standard firewalls and security software design to protect the security and integrity of your Personal Diet Information. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed. By using the Websites, Apps and Lose It! Services, you acknowledge that you understand and agree to assume these risks.

Protection of Children’s Privacy

LoseIt.com is a general interest website, and we do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use the Websites or App. Consistent with the Children’s Online Privacy Protection Act (“COPPA”), the Websites and App are not intended for use by anyone under the age of 18 (COPPA’s minimum protections are for minors 13 years of age or under). Lose It! does not knowingly collect personal information from children through this Web Site.

If you are a parent with concerns about children’s privacy issues in conjunction with the use of this Web Site, please contact us at [[email protected]] (mail to:[email protected]). Lose It! encourages parents to discuss this Privacy Policy and the dangers of providing Personal Information on-line.

Use of Cookies and Tracking Technology

Cookies. When you visit the Websites, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Websites the cookie may be read. A “cookie,” is a small text file placed on the user’s hard drive to track usage of the Websites and collect basic information, which may include certain of your preferences.
We use cookies to gain knowledge of Internet usage, improve content and advertisements, collect the site visitation data described above and in some cases to deliver specialized content. Cookies also help to prevent you from having to register or re-enter your information every time you visit the Web Site in a streamlined fashion. Some of our advertisers and partners occasionally use cookies as well. Lose It! does not have any control over the cookies used by advertisers and partners.

If you would like to avoid cookies, your web browser may have an option that enables you to disable or not accept cookies. It should be noted, however, that should you disable or not accept cookies, portions of the Web Site may not properly function.

Web Beacons. We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our Websites. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to personal information. A web beacon is an electronic image and string of code that is imbedded in a web page or email which allows us to track web page views/hits or the opening of an email containing a beacon. We may use web beacon in conjunction with cookies to track web site activity on www.loseit.com. Web beacon tracking by Lose It! does not identify the name or email address of the web user or mail recipient.

Mobile Analytics.
In addition, Lose It! or our partners may use analytics technology to track anonymous traffic data about use of the Apps. Such partners have the right to retain and use the anonymous traffic data collected by through the analytics service from users of the Websites or the Apps.

Links to Other Websites

Our Websites may contain links to other websites. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use. We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them.

Users from Outside the United States

Lose It! and the Lose It! servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you use Lose It!, you consent to the use and disclosure of information in accordance with this privacy statement and subject to such laws.

DO NOT TRACK DISCLOSURE

Lose It! does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may be able to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

Third parties that have content embedded on the Websites or App such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Websites from a certain IP address. Third parties cannot collect any other personally identifiable information from the Websites unless you provide it to them directly.

Contact Information

We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact us at [email protected]

Last Updated: 07/11/2017

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