FIT PAY, INC.

PRIVACY POLICY

Last Updated: August 23, 2017

This Privacy Policy (“Privacy Policy“) explains how information is collected, used and disclosed by Fit Pay, Inc., a Delaware corporation (“Fit Pay“, “we”, “us” or “our”), and applies to information we collect when you use or access our online or mobile websites (www.fit-pay.com), products, services or applications (collectively, the “Fit Pay Services“), or when you otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you.

Fit Pay complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.  See the section entitled EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, below, for further information. 

Information Collected

Information You Provide To Us. We collect information you provide directly to us.

  • For example, we collect information when you register with Fit Pay for an account, create or modify your account, access and use the Fit Pay Services (including but not limited to when you upload, download, or share data or other information), participate in any interactive features of the Fit Pay Services, make a purchase, request customer support, communicate with us via third party social media sites or otherwise communicate with us.
  • The types of information we may collect directly from you include your name, username, email address, postal address, phone number, information about your data collection, processing and storage preferences, employer’s name, job title, transactional information (including services purchased or subscribed to and billing address) as well as any contact or other information you choose to provide. We also store the data or other information that you upload or provide to the Fit Pay Services (“Content“) in order to be able to provide you with the features and functionality of the Fit Pay Service.

Information We Collect Automatically When You Use the Fit Pay Services. When you access or use the Fit Pay Services, we may automatically collect information about you, including:

  • Usage Information: We monitor user activity in connection with the Fit Pay Services and may collect information about the applications and features you use, the websites you visit, the sizes and names of the files you upload, download, share or access while using the Fit Pay Services, the Content you access and any actions taken in connection with the access and use of your Content in the Fit Pay Services.
  • Log Information: We log information about you when you access and use the Fit Pay Services including your Internet Protocol (“IP“) address, access times, browser type and language, Internet Service Provider (“ISP“), the Web pages that you visit, the Content you use and the URL of the Web page you visited before navigating to the Fit Pay Services.
  • Device Information: If you access the Fit Pay Services from a mobile device, we collect information about the device, including the hardware model, operating system and version, unique device identifiers, mobile network information (as allowed by the mobile network) or platform information (as allowed by the specific platform type). We do not ask for, access or track any location based information from your mobile device at any time while downloading or using our mobile apps.
  • Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, which may include saving cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve the Fit Pay Services and your experience, customize your experience and preferences, allow you to access and use the Fit Pay Services without re-entering your member ID and/or password, understand which areas and features of the Fit Pay Services are most popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images (also called “gifs”) that may be used in the Fit Pay Services or in emails that help us to deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies and how to disable them, please see “Your Choices” below.
  • Third party cookies: the use of cookies by third party applications is not covered by our Privacy Policy. We do not have access to or control over such cookies.
  • Advertising Cookies: We may partner with third parties to manage our advertising on other sites. Such third parties may use technologies such as cookies to gather information about your activities on this site and other sites you visit in order to provide you advertising based upon your browsing activities and interests.

Use of Information

We may use the information we collect about you for a variety of purposes, including to:

  • Provide, operate, maintain and improve the Fit Pay Services;
  • Enable you to access and use the Fit Pay Services, including collecting, uploading, downloading, processing, storing and sharing Content;
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Provide and deliver the services and features you request, process and complete transactions, and send you related information, including purchase confirmations and invoices;
  • Respond to your comments, questions, and requests and provide customer service and support;
  • Communicate with you about services, features, offers and events, and provide other news or information about Fit Pay and our select partners;
  • Monitor and analyze trends, usage, and activities in connection with the Fit Pay Services and for marketing or advertising purposes;
  • Investigate and prevent fraudulent transactions, unauthorized access to the Fit Pay Services, and other illegal activities;
  • Personalize and improve the Fit Pay Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Fit Pay Services;
  • Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
  • Enable you to communicate, collaborate, and share files with users you designate; and
  • For other purposes about which we notify you.

Processing

By accessing or using the Fit Pay Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

Fit Pay complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

Our participation in the Privacy Shield applies to all personal data that is subject to the this Privacy Policy and which is received from the European Union, European Economic Area, and Switzerland. We will comply with the Privacy Shield Principles in respect of such personal data.

Our accountability for personal data that we receive under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, we remain responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process the personal data on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.

We encourage European individuals (including Swiss individuals) to contact us should you have a Privacy Shield-related (or general privacy-related) complaint at legal@fit-pay.com.  We have further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles or the Swiss-U.S. Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.  As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. Fit Pay is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Sharing and Disclosure of Information.

We will not share personal information about you or any Content with any third parties except as described in this Privacy Policy or in connection with the Fit Pay Services. For example, we may share personal information about you as follows:

  • Vendors, Consultants and Other Service Providers: We may share your information with third party vendors, consultants and other service providers who are working on our behalf and require access to your information to carry out that work, such as to process billing, provide customer support, etc.
  • Third Party Applications: Certain aspects of the Fit Pay Services allow or require you to connect with third party applications or services. In connection with your use of any such third party applications or services, such third parties may receive information about you including your username and any Content you choose to use in connection with those applications and services, and such third parties may contact you directly as necessary. The Fit Pay Services may automatically collect and upload certain data from such applications. This Privacy Policy does not apply to your use of such third party applications and services, and we are not responsible for how those third parties collect, use and disclose your information and Content. We encourage you to review the privacy policies of those third parties before connecting to or using their applications or services to learn more about their information and privacy practices.
  • Compliance with Laws: We may disclose your information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and Terms of Service, (c) to protect the security or integrity of the Fit Pay Services, (d) to protect Fit Pay, our customers or the public from harm or illegal activities, or (e) to respond to what we believe in good faith to be an emergency.  We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
  • Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Aggregated or Anonymized Data: We may also share aggregated or anonymized information with third parties that does not directly identify you.

Security

While no service is completely secure, Fit Pay takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

The servers on which personal information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any passively-collected personal information you choose to include in files you store on our systems are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.

You may access your account information and our service only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session.

Your Choices

Account Information & Retention. We acknowledge the EU and Swiss individual’s right to access their personal data. You may update, correct or delete information about you at any time by logging into your online account and modifying your information or by emailing us at legal@fit-pay.com. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy. If you wish to deactivate your account, please email us at legal@fit-pay.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements.

Promotional and Newsletter Communications. You may opt out of receiving promotional and newsletter emails from Fit Pay by following the opt-out instructions provided in those emails. If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access to or use of the Fit Pay Services or those about your online account or our ongoing business relations.

Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies or to prompt you before accepting such a cookie. Please note that, if you choose to remove or reject browser cookies, this could affect the availability or functionality of the Fit Pay Services.

Direct Marketing Opt-out. All users who have an established business relationship with Fit Pay may choose to opt out of Fit Pay’s disclosure of personal information about them to third parties for direct marketing purposes. If you choose to opt-out at any time after granting approval email legal@fit-pay.com.

Links to Third Party Websites

We may include links to third party websites from the Fit Pay Services. When you click on a link to a third party website, your activity and use on the linked website is governed by that website’s policies, not by those of Fit Pay. We encourage you to visit their websites and review their privacy and user policies.

Our Policy Toward Children

The Fit Pay Services are not directed to individuals under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us at legal@fit-pay.com. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information.

Do Not Track Compliance  

Fit Pay does not respond to Do Not Track (DNT) signals.

Changes to This Policy

We may change this Privacy Policy from time to time. If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review our Privacy Policy whenever you access the Fit Pay Services to stay informed about our practices in connection with your information and the ways you can help protect your privacy. Your use of any of the Fit Pay Services after the posting of such changes shall constitute your consent to such changes and your consent to the revised Privacy Policy.

Contacting Us

Any questions about this Privacy Policy should be addressed to legal@fit-pay.com.

TERMS OF USE

Acceptance of Terms.

The following terms and conditions govern all use of the www.fit-pay.com and www.pagare.me websites (the Site). The Site is offered subject to acceptance without modification of any of the terms and conditions contained herein or all other operating rules, policies and procedures that may be published from time to time on this Site by Fit Pay, Inc. (Fit Pay, Inc.) (collectively, the Terms of Use).

if you do not agree to all of these Terms OF USE, then do not access or use the SITE. BY VIEWING THE SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

Changes.

Fit Pay, Inc. reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Information and Privacy.

At your election, you may request (and Fit Pay, Inc. may provide) additional information about Fit Pay, Inc. (the Service). When you do so, you may need to submit certain information or data to Fit Pay, Inc., for example, your email address. Fit Pay, Inc. current privacy policy is available at http://www.fit-pay.com/privacy (the Privacy Policy), which is incorporated by this reference. Fit Pay, Inc. will not edit, delete or disclose the contents of your data in connection with the Service unless (1) reasonably necessary to perform the Service, (2) authorized by you, (3) otherwise permitted under the Privacy Policy or (4) Fit Pay, Inc. is required to do so by law or regulation, or in the good faith belief that such action is necessary to (i) conform or comply with applicable laws, regulations or legal process, (ii) protect or defend the rights or property of Fit Pay, Inc. or any other user or (iii) enforce these Terms of Use. Fit Pay, Inc. may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.

Rules and Conduct.

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Fit Pay, Inc.. You agree to abide by all applicable local, state, national and international laws and regulations.

Third Party Sites.

The Site may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Fit Pay, Inc. control, and you acknowledge that Fit Pay, Inc. is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Fit Pay, Inc. or any association with its operators.

Proprietary Rights.

You agree that all content and materials delivered via the Site and the Service or otherwise made available by Fit Pay, Inc. at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Fit Pay, Inc. in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein.

No Warranties.

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITE, SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Fit Pay, Inc., AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND/OR SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability.

IN NO EVENT SHALL FIT PAY, INC. (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS OF USE, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), for any (1) MATTER BEYOND ITS REASONABLE CONTROL, (2) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, OR (3) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF FIT PAY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

Miscellaneous.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Fit Pay, Inc. may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by Fit Pay, Inc., except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.

Copyright and Trademark Notices.

Unless otherwise indicated, these Terms of Use and all Content provided by Fit Pay, Inc. are copyright © 2015 Fit Pay, Inc. All rights reserved.

Fit Pay, Inc., Pagaré, the Fit Pay, Inc. and Pagaré logos are trademarks of Fit Pay, Inc.

Contact.

You may contact Fit Pay, Inc. at info@fit-pay.com.