Terms of Use

FiVi.com's Privacy Policy

FiVi.com is designed from the ground up to offer you the best platform to not only achieve your personal wellness goals but also to allow to tap into the collective knowledge gleaned from a community that shares your desire to be fit and healthy. We take privacy very serious and follow some very fundamental rules:

    1. Information specific to your profile will never be sold without your permission or knowledge.
    2. We will employ industry best practices to protect your information in accordance with this Privacy Policy document and our Terms of Use.
    3. You can share information about you to anyone you want to share information with.
    4. People who want to share information with you should be able to do so with your permission.

Personalized settings – each user can go into their account preferences and elect who can see their profile, any logs they keep, any routes created, personal goals activated, programs or workouts used.


Other users will post information that they are willing to share. It is your responsibility to use that information as it was intended for and to respect all the conditions of use outlined the Terms of Use Agreement.


We may collect and synthesize information about all of our users while maintaining those users who choose to anonymous for the purpose of gleaning beneficial insight for our users and business partners or anyone affiliated with our programs.


This site is not intended for anyone under the age of 13 and if you are aware of any information being collected on someone under 13, please notify FitVirtual LLC immediately so that we may take corrective action.


By using or accessing FiVi.com, you are accepting the practices described in this Privacy Policy.


The Information We Collect

When you visit FiVi.com you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site. When you register with FiVi.com, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, and any other personal or preference information that you provide to us. When you enter FiVi.com, we collect your browser type and IP address. This information is gathered for all FiVi.com visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to FiVi.com. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature. When you use FiVi.com, you may set up your personal profile, add other users to your network, send messages, perform searches and queries, form groups, set up routes using our FiVi Maps application, set up events, add Fitness Goals, log progress via Fitness Programs and Workouts, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we have to retain it so that we can keep a historical perspective of your progress for your analysis. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information. You post User Content (as defined in the Terms of Use) on the Site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content. Any improper collection or misuse of information provided is a violation of the Terms of Service and should be reported. If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will automatically send your friend a one-time email inviting him or her to visit the site. We may or may not retain your information. If you or your friends have any concern about the possibility we will retain their contact information regardless of joining our site, please contact us and we will confirm that their information has been removed within a reasonable amount of time. By using FiVi.com, you are consenting to have your personal data transferred to and processed in the United States.


Children Under Age 13

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for our site or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on the Site. 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.


Children Between the Ages of 13 and 18

We recommend that minors over the age of 13 ask an adult for permission before sending any information about themselves to anyone over the Internet. When you register with us, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to the audience whom you have specified in your privacy settings. We may occasionally use your name and email address to send you notifications regarding new services offered or recommendations that we think you may find valuable. Profile information is used primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings. In some cases where your privacy settings permit it, other users may be able to supplement the Fit Blog on your profile page in the form of comments to your entries. We may send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new message/comment or has achieved a new target. Generally, you may opt out of such emails via your preferences setting, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications. We may use information in your profile without identifying you as an individual to third parties. We believe this benefits you as you will be able to have target offers presented to you or provide you with suggestions for programs or workout routines that are working for the wider FiVi audience. This is the only way we can offer you such valuable information like what people who achieve their personal fitness goals really do or what routines they engage in. We believe that collective information for personal good is a fundamental benefit of our FiVi platform.


Sharing Your Information with Third Parties

Our network architecture and your privacy settings allow you to make informed choices about who has access to your information. We do not provide contact information to third parties without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. For example:

  • We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates, to remove repetitive information from our user lists, to process payments for products or services, to offer an online job application process, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the FiVi-specified purposes.
  • We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through our service or using the FiVi or FitVirtual name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
  • We may use information about you for marketing purposes as part of our service offering.
  • We let you choose to share information with marketers or electronic commerce providers through on-site offers.
  • We may offer stores or provide services jointly with other companies on FiVi.com. You can tell when another company is involved in any store or service provided on FiVi.com, and we may share customer information with that company in connection with your use of that store or service.
  • Like many other websites that interact with third party sites, we may receive some information even if you are logged out from FiVi.com, or that pertains to non-FiVi users, from those sites in conjunction with the technical operation of the system. In cases where FiVi.com receives information on users that are not logged in, or on non-FiVi users, we do not attempt to associate it with individual FiVi.com accounts and will discard it.
  • If the ownership of all or substantially all of the FiVi.com business, or individual business units owned by FitVirtual LLC, were to change, your user information may be transferred to the new owner so the service can continue operations. In any such transfer of information, your user information would remain subject to the promises made in any pre-existing Privacy Policy.

    • When you use our Site, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos, workout data, routes, or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, workouts, routes, or other items, this information may become publicly available. For example, when creating and displaying a route, please consider safety precautions about publicly disclosing your location at a given time and take the measures necessary to maintain personal safety.


    Links

    FiVi.com may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by FiVi.com.


    Third Party Advertising

    This privacy policy covers the use of cookies by FiVi.com and does not cover the use of cookies or other tracking technologies by any of its advertisers.


    Changing Information

    Access and control over most personal information on FiVi.com is readily available through the Edit Profile wizard. Users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately.


    Security

    We take appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.


    Terms of Use, Notices and Revisions

    Your use of FiVi.com, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.