Privacy Policy

FIT N' TONE, INC. (THE "COMPANY"), THE CREATOR AND OWNER OF www.cyberfit360.com and www.fitntone.com AND MOBILE APPLICATIONS RELATING TO THE AFOREMENTIONED WEBSITES (each such website and mobile application and any of their respective affiliated websites, individually and collectively, referred to herein as, the "Site" or "We") is committed to safeguarding your privacy on the Site. This Fit N' Tone, Inc. Privacy Policy (this "Policy") does not apply to products or services provided, or information obtained, other than through the Site. Please read the following Policy to understand how your information will be treated. We may modify this Policy from time to time by posting a revised Policy at the Site address, so please check back periodically. This Policy may be modified at any time without prior written notice to you. Please keep in mind that some of the services mentioned specifically in this Policy may not be available on the Site at this time. If you have questions concerning this Policy, please contact us by clicking here. This Policy is effective as of August 20, 2011.

What information do We collect from you?

When you complete our online registration process or participate in the Site as a client, We collect certain personal information. We collect the following categories of personally identifiable information through the Site:

• Contact Information – including name, mailing address, telephone number, and e-mail address
• Program Preferences – information about your workout program formats and preferences
• Personal Statistics – including date of birth, height, weight and gender
• Personal Goals – your personal goals for your workout program
• Medical History – information about your medical condition, prior treatments, medications taken
• Current Exercise Regimen – information about your current exercise habits and equipment
• Workout Log – information about your participation in your current workout program
• Food Journal – information about your daily eating habits
• General Client Information – general information about your workout program, health, eating habits, and mental state.

We collect information in several ways. For example, some of this personal information is gathered when you register as a customer using our registration process. During registration, We ask for your contact information, program preferences, personal statistics, personal goals, medical history and current exercise regimen. Once you register, you are no longer anonymous to us and are able to take full advantage of our services. In addition to registration, We may ask you for information at other times, such as when you report a problem with the Site or services, or contact the company via the corporate e-mail address. You will also have the opportunity to submit workout logs, food journals and general program information throughout your use of the Site's services. If you contact us, we may keep a record of that correspondence.

If you believe that any inaccurate or inappropriate information has been obtained or disseminated through your use of the Site, you should contact a representative of the Site by clicking here.

What are cookies and how does the Site use them?

As part of offering and providing customizable and personalized services, many websites use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. We use cookies to allow faster and easier access to your account information, monitor traffic on the site and measure traffic patterns to improve functionality. Our web pages may in the future contain electronic images known as web beacons (sometimes called clear gifs or Web bugs) or other advanced technologies that are useful in the provision of services to you. We may use such devices to verify compliance with our terms and conditions of use or with any promotions on the Site.

How does the Site use the information?

Our primary goal in collecting information is to improve the Site and provide you with the best possible experience on the Site. For example, by using the information collected, We are able to provide you with an easy to use and readily available forum to access your account information with the Site. We use your information to create and modify your training program and to monitor your progress. All of your information is made available to our personal trainers, registered dietitians, nutrition consultants, independent contractors, business partners and other health professionals. We will also use your personal information to notify you of other products or services available from the Site and its business affiliates.

We also may do research on our users' demographics and behavior based on the information provided to us upon registration, gathered from transaction activity, from our server log files or from surveys. This research may be compiled, analyzed or sold on an aggregated basis, which does not include information identifying individual users. The Company, its affiliates and the Site also may share this aggregated data with business partners or other third parties.

Who is collecting information?

When you are on the Site and are asked for personal information, you are sharing that information with the Company, the Site, each of their respective affiliates, employees and independent contractors of the Company, including, but not limited to, personal trainers, registered dietitians, nutrition consultants and other health professionals and service providers. If personal data is to be collected and/or maintained by any company other than the Company, the Site or any of their respective affiliates or business partners, we will attempt to notify you on the Site or in an updated version of this Policy. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service. Your information may be stored on servers maintained by our internet service providers, other third party service providers or on our local servers or PC hard drives.

Please be aware that other websites and mobile applications to which We link may collect personally identifiable information about you when you visit those sites. The information practices of other websites linked to the Site are not covered by this Policy.

With whom does the Site share my information?

We will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your information may be disclosed.

Categories of Third Parties with whom We May Share Personally Identifiable Information: We may provide your personally identifiable information to our affiliates, and our trusted business partners or persons for the sole purpose of processing that information on behalf of us. When this is done, we request that those parties process such information only in accordance with our instructions, and to maintain appropriate confidentiality and security measures.

Data in the Aggregate: We may disclose "blinded" aggregated data and user statistics to prospective partners and other third parties, and for other lawful purposes. Blinded data is data which does not identify an individual person.

Other: We also may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Site's Terms of Service, or may otherwise be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users or clients of the Site, or anyone else that could be harmed by such activities. We may disclose or access account information when We believe in good faith that the law requires it and for administrative and other purposes that We deem necessary to maintain, service and improve our products and services.

We may occasionally hire other companies to provide limited services on our behalf, including packaging and mailing, answering customer questions about products or services, sending postal mail, providing investor information and processing data. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

As We continue to develop our business, the Company may buy or sell businesses or assets. In such transactions, confidential customer information generally is one of the transferred business assets. In the event of a transaction involving the sale of some or all of our businesses, customer and site visitor information may be one of the transferred assets.

How can I control my personal information?

We offer our clients choices for the collection, use and sharing of personal information. You may contact us if you wish to view, edit or delete your personal information from our database, and We will use commercially reasonable efforts to accommodate your request.

How do We protect financial-related information?

Keeping your personal financial information private is vitally important to us. As a matter of policy and long time business practice, the Site does not sell information provided by its clients. Any user statistics that We may provide to prospective partners regarding financial matters are provided in the aggregate only and do not include any personally identifiable information about any individual user. We process credit payment transactions through a third party site that will transfer your credit card number, bank account number or other personal information to the appropriate credit card company or bank, or to Recurly.com or a similar service in order to process any online payments.

What security precautions are in place to protect the loss, misuse or alteration of my information?

Your account information for the Site is password-protected so you have access to this personal information. Remember to sign out of your Site account and close your browser window when you have finished your work. This is to ensure that others cannot access your account by using your computer when you are away from it. Because of the global nature of the internet, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. Except as discussed above or otherwise designated, the Site does not use security encryption measures. Therefore, information that you disclose by use of the Site (as with any site that is non-secure), by posting a message or using e-mail, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, while We strive to protect your personal information, We cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once We receive your transmission, We use our reasonable efforts to ensure its security on our systems.

What else should I know about my privacy?

Please keep in mind that whenever you voluntarily disclose information online, that information may be accessible to other clients and users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.
When you or We end your customer relationship with us, We will treat the information We have about you as if you were still our customer.