GAIN Fitness, Inc.

Privacy Policy

Effective Date: 6/15/2010

We at GAIN Fitness, Inc. (“GAIN Fitness,” “we,” or “us”) take your privacy very seriously. The purpose of this Privacy Policy is to inform you of the types of information we collect, reasons for collecting this information, specific ways this information may and may not be used, and options for maintaining privacy of your information on the GAIN Fitness Service.

GAIN Fitness relies on collecting personal information to produce personalized workout plans that are customized for your specific body type, fitness goals, fitness level, and are practical given your schedule and resources. Our computer algorithm relies on these various inputs to produce exercise recommendations and schedules. We may at times work with third parties to present offers and advertisements which we believe are relevant to you, and may also customize the content and user experience based on your personally identifiable information (“PII”). Our main purpose in collecting such information is to provide you with an excellent service and overall user experience. We go to great lengths to safeguard your information, and we aim to give you ultimate control in what information you share and how it is used. We strive to maintain transparency and will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.

Information We Collect

User-Provided Information: You may provide us information about yourself, such as your name, e-mail address, body information (including sex, height, weight, body type), age, birth date, fitness information (general health, physical injuries, fitness level), workout goals (fitness goals, desired intensity, body part focus, fitness milestones), fitness resources and equipment, exercise preferences, workout schedule, and workout history, if you register for a Member account with the Service (including by “following,” “liking,” “becoming a fan,” adding the GAIN Fitness application, etc., on a third party website or network). If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses. We may also retain any messages you send through the Service. You may provide us information in User Content you post to the Service.

Cookies Information: When you visit the Service, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets GAIN Fitness help you log in faster and enhance your navigation through the site. A cookie may also convey anonymous information about how you browse the Service to us. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web 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 the ability to accept cookies is disabled.

Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use the Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

Pixel Tags Information: When you use the Service, we may employ pixel tags (also known as clear gifs or web beacons), which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your GAIN Fitness account is collected using these pixel tags. In addition, we may also use pixel tags in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make GAIN Fitness better for our users.

Geographic Information: We may also, from time to time, collect geographic information from your computer or mobile device, subject to any applicable privacy settings.

Third Party Services: GAIN Fitness may use Google Analytics or other third party products or services to help understand use of the Service. Such services collect the information sent by your browser as part of a web page request, including cookies and your IP address. Google Analytics (or such other third party service provider) also receives this information and their use of it is governed by their privacy policy.

How We Use Your Information

Personally Identifiable Information: GAIN Fitness will not share your PII, such as body information, on an individual level to any outside parties, except as necessary to provide you the functionality of the Service. We will not share your email address with any third parties except as described in this Privacy Policy. Any personal information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. To change your privacy settings on the Service, please use the “Accounts” section of our website. You may cancel your account at any time, and you will have the option to permanently delete all of your information from our records. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

From time to time, we may run contests, special offers, or other events or activities (“Events”) on the Service together with a third party partner. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use that you approve. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these Events.

As we develop our business, we may transfer or assign assets in the course of corporate divestitures, mergers, or dissolution or sale of assets or business offerings. Data and information held by GAIN Fitness (including PII) may be transferred in connection with such corporate transactions.

Except as otherwise described in this Privacy Policy, GAIN Fitness will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of GAIN Fitness, our Users or others.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain GAIN Fitness services.

GAIN Fitness may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on GAIN Fitness. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. GAIN Fitness does not provide any PII to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks GAIN Fitness to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. In addition, third-party advertisers may use information (not including your name, address, email address, body information, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here [link to policy and opt-out for relevant advertiser, e.g. for Google or for a number of advertisers including Google]. The GAIN Fitness Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

How We Protect Your Information

GAIN Fitness uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. We cannot, however, ensure or warrant the security of any information you transmit to GAIN Fitness or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of GAIN Fitness’s distributors, such as social networks. GAIN Fitness is not responsible for the functionality or security measures of any third party.

We will employ strict measures to protect your information such that it may be accessed by internal employees only on a need to know basis with connection to improving the Service for your benefit.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from GAIN Fitness, at all times.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, GAIN Fitness will promptly notify those persons whose personal information has been compromised, via email or otherwise in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case GAIN Fitness may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account and accessing your “Account” page. You can review and correct the information about you that GAIN Fitness keeps on file by contacting us directly at info@GAIN

Children's Privacy

Protecting the privacy of young children is especially important. For that reason, GAIN Fitness does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register as Members. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on GAIN Fitness. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@GAIN

Links to Other Websites

We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Service, as determined by GAIN Fitness in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on the Service at least 30 days before the changes take effect to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Any material changes affecting the use or sharing of your PII will be sent to you via email at least 30 days in advance of such changes taking effect.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website, please contact us at info@GAIN, or send mail to:

GAIN Fitness, Inc.
564 Market Street, Suite 505
San Francisco, CA 94104