PRIVACY POLICY
Last Updated: [Nov 21, 2018]
FLEXFIT LLC (hereafter, “FLEXFIT,” “we,” “us” or “our”) is committed to protecting the privacy of its users – namely, those individuals who navigate and use any FLEXFIT websites, including, Flexfit.com and its sub-domains (including, without limitation, Shop.Flexfit.Com), or FLEXFIT online tools and applications (including, without limitation, the online store accessible via Shop.Flexfit.Com) (hereafter, collectively referred to as “users” or “you”). This Privacy Policy applies to all of FLEXFIT websites, online tools and applications and the services offered through those websites, online tools and applications (collectively referred to as the “Service”). We collect information about you through the Service in an effort to improve your experience and to communicate with you about the Service offered by FLEXFIT. As described in this Privacy Policy, we may share your information within FLEXFIT and its affiliated entities, and under certain circumstances, with third parties that provide services on our behalf or with whom we have partnered to offer a particular service.
Please note FLEXFIT is not responsible for the privacy practices of third party websites (even if we offered links and direct users to third party websites via the Service) and they are under no obligation to comply with this Privacy Policy. Before visiting another website and before providing any information to the party that operates or advertises on that third party website, you should review the privacy policy and practices of that website to determine how information that they collect from users will be handled. Please further note, depending on your particular interaction with our websites (e.g. users who solely navigate one of our websites versus users who create an account and use the Service), different portions of this Privacy Policy may apply to users at different times.
FLEXFIT reserves the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. If we change any portions of its Privacy Policy, the changes will be updated on this Privacy Policy page and users should periodically review our Privacy Policy page for any such changes.
Your use of any of the Service (whether via FLEXFIT websites, online tools or applications) evidences your agreement to the terms of this Privacy Policy. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE.
Information We Collect and How We Use It
In order to access certain aspects of the Service, we may require you to register and/or create an account with us and collect the following types of information that may be personally identifiable information from you: first and last name, mailing address, e-mail address, and telephone number. For certain features of the Service (specifically, placing orders for goods and/or services), we also request credit card or other payment account information for you (or the business entity whom you represent) which we maintain in encrypted form on secure servers. (All of the foregoing personally identifiable information shall be referred to hereafter as “Personal Information.”)
You can elect to provide all or only some of the Personal Information requested by the Service. However, if you decline to provide certain Personal Information, you may not be able to register for an account or access certain aspects and features of the Service.
In addition to using your Personal Information to provide the Service to you (or, for business entities, your employees or authorized agents), we may also use this information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including the Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities. In addition, we reserve the right to audit your eligibility or to audit user accounts for possible fraudulent activity.
Non-Personally Identifiable Information is information that does not identify a specific user. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to this website, the URL of the website you visit after leaving this website, the type of browser or mobile device you are using to access the Service, your Internet Protocol (“IP”) address, language, unique device identifier, approximate geographic location, and time zone. We, and/or our authorized third party service providers may automatically collect this information when you access and use the Service through the use of electronic tools like cookies and web beacons or pixel tags or location based capabilities on your mobile device. We use Non-Personally Identifiable Information to troubleshoot, administer the Service, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized third party service providers to measure the overall effectiveness of our online tools, content, and programming.
Cookies – As noted above, when you use or access the Service, we may send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of the Service by storing user preferences and tracking user trends, such as how people search. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if your cookies are disabled.
Log information – When you use the Service, our servers automatically record information that your browser or mobile device sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
For Users in California: FLEXFIT websites are not presently configured to support Do Not Track (“DNT”) signals from web browsers.
User communications – When you send email or other communication to FLEXFIT, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Third Party Websites – We may provide links to web sites operated by third parties (including which are not operated or controlled by us (hereafter, “Third Party Websites”). Third Party Websites have their own privacy practices and your interactions with the Third Party Websites will be subject to the privacy policies of the Third Party Websites. As such, we strongly recommend that you review their privacy policies before undertaking such interactions. We do not exercise control over Third Party Websites displayed as search results or links from within our websites and these Third Party Websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
Access to information
If you are a registered user of the Service, you can access and update the information on your profile by logging onto the Website using your user-created ID and password. You can also change your preferences there about what sorts of notifications you would like to receive from FLEXFIT.
Other Sharing of User Information
FLEXFIT only process Personal Information and Non-Personally Identifiable Information about users (collectively referred to hereafter as “User Information”) for the purposes described in the applicable Privacy Policy and/or privacy notice for specific services. In addition to the circumstances described above, FLEXFIT may also share, release and/or disclose User Information to outside parties in the following circumstances:
We may share your information with Authorized Third Party Service Providers. We provide certain goods and services to users through third party service providers. These “Third Party Service Providers” perform functions on our behalf, like shipment of goods and payment processing. We may share user information with such Third Party Service Providers to remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the website, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies (“Affiliates”) with whom we have business relationships and may share your information with Third Party Service Providers to accomplish our administrative tasks. However, we do not grant these entities any rights to use and contractually restrict them from using any information for any purpose other than providing service to us and you.
We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from users to administer the Service and constantly improve its quality. For example, FLEXFIT may collect statistics about the behavior of visitors to the FLEXFIT websites and utilize Google Analytics to analyze the usage of those websites. For more information on Google Analytics and its privacy policy, please visit https://www.google.com/analytics/learn/privacy.html.
We may share your information in a Business Transfer. As with any other business, we could merge with, or be acquired by, another company, or we may file for protection under applicable bankruptcy laws in the future. In such event, User Information obtained and maintained by FLEXFIT through the Service, including Personal Information and Non-Personally Identifiable Information, will transfer to a successor entity in connection with the corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. User Information submitted prior to any such transfer would remain subject to the terms of this Privacy Policy (as it existed on the date of the submission). However, user Information submitted after a transfer to a successor entity may be subject to a new privacy policy adopted by the successor entity.
We may share your information for our Protection and the Protection of Others. We reserve the right to disclose your Personally Identifiable Information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us; enforce or apply this Privacy Policy, the Terms & Conditions or other agreements; or investigate, prevent, or take action suspected or actual prohibited activities, including but not limited to, fraud and situations involving potential threats to the physical safety of any person or to prevent financial loss to any person or entity; or otherwise protect the rights, property or safety of our websites, online tools, mobile applications, users or others.
Please contact us at the address below for any additional questions about the management or use of personal data.
User Choices on Collection and Use of Information
As discussed above, you can always choose not to provide user information, although it may be required to use all or parts of the Services offered by FLEXFIT websites.
If you register for an account or otherwise submit user information through the Service, we will send you administrative email messages. We may also send you information regarding your account activity and transactions with us, as well as updates about the Service and promotional offers. You cannot opt-out of these Administrative Emails. “Administrative Emails” relate to a user’s interactions with the Service, and include emails regarding a particular your account, requests or inquiries. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. Promotional Emails solely function to advertise the Service, including sales and other offers by Third Party Websites, Third Party Service Providers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at blanksales@flexfit.com, by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails.
User Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to FLEXFIT employees, contractors and agents who need to know that information in order to operate, develop or improve the Service. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with service providers which do the same, we cannot guarantee the security of any information transmitted to or from FLEXFIT websites, online tools or mobile applications, and are not responsible for the actions of any third parties that may receive any such information.
Account Information and other password-protected areas of our websites can be accessed only with a valid user name and password. Each password owner is responsible for keeping the password confidential and safe, as FLEXFIT has no control or responsibility for this type of user information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the subject User to notify FLEXFIT immediately for further action.
Children
Minors (those under the age of 18) may not use the Website. We do not knowingly collect personal information from anyone under the age of 18, and no part of the website is designed to attract anyone under the age of 18. Because we do not intentionally collect any information from children under the age of 18, we also do not knowingly share or disclose such information to third parties. If you have reason to believe that a child under 18 years of age has provided us with information, please contact us at blanksales@flexfit.com and we will take appropriate action under applicable law.
For Users Outside of the United States Only
All FLEXFIT websites, online tools and applications (including this website) are hosted on servers located in the United States. If you are a user accessing our websites from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you are transferring your personal data to the United States which may not have the same data protection laws as such other regions. By providing user information through the Service, you are consenting to the transfer of your information to the United States for processing and maintenance in accordance with this Privacy Policy and the Terms of Use. You are also consenting to the application of United States law in all matters concerning the Service and FLEXFIT’s websites, online tools and mobile applications.
LEGAL DISCLAIMER
Subject to any separate agreements that FLEXFIT may have with you, the Service (including, without limitation, FLEXFIT websites, online tools and applications) operate “AS-IS” and “AS-AVAILABLE,” without warranties of any other kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against FLEXFIT arising out of or related to our websites or Services must be commenced in the county of Orange in the state of California in the United States of America.
CONTACT US
If you have any questions about this Privacy Policy, or the practices of or your dealings with our websites, please email us at marketing@flexfit.com or write to us at:
FLEXFIT LLC
350 Karin Lane
Hicksville, NY 11801