Effective: September 4, 2018
We are Athletic Certified Testing, LLC.., as well as our family of affiliated companies (collectively referred to herein as "ACT," "we," "us," or "our"). We provide Internet and mobile app-based services including, for example, the apps linked to below ("Mobile Apps"):
"Personal Data" is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, precise location, device IDs, certain cookie and network identifiers, and "Fitness and Wellness Data."
We collect your Personal Data in a number of ways and for various purposes, including:
With companies or ventures that are owned or controlled by ACT, and internally within ACT, in order to provide and improve Services, for marketing purposes, and for advertising.
With business partners, marketing partners, and vendors to provide, improve, and personalize the Services.
With other users in the context of specific Services that are social in nature. In these cases, we disclose social data and certain Fitness and Wellness Data by default because the service being provided is one of social interaction. Additionally, any information you post or disclose in our community forums (for example, Facebook, WeChat, YouTube, Twitter, or other sponsored pages on the MyFitnessPal Blog) is public.
With advertising and marketing partners for advertising and marketing purposes on ACT's behalf and on behalf of third parties, including Facebook, Baidu, and WeChat. In addition, with your consent, we may share your precise Location Data with Third Parties for on and off platform personalization and curated marketing and advertising purposes.
With certain companies for purposes of analytics and improvement of the Services.
With companies involved in interest-based advertising, including web, mobile app and other advertising. This advertising consists of ACT and third party ads that are personalized and displayed on our sites and apps and through other channels. Advertising also includes personalized ads from the ACT family of companies displayed on Third Party Sites and apps and through other channels. For more information on how data is disclosed for advertising see Interest-Based Advertising .
With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.
Our disclosure is limited to situations where we are permitted to do so under applicable European and national data protection laws and regulations.
A list of types of companies with whom we share data is available here.
Note for Residents of the European Union: For more information on the Legal Basis for processing see the EEA Country/Region-Specific Disclosures.
To perform our contractual obligations to you, including account registration, fulfilling orders or purchases you have made (including processing of payment), contacting you in relation to any issues with your order, in relation to the provision of the Services, including when you use or interact with a wearable or other connected device and in relation to location-based Services (including to provide you geographically relevant Services), to connect you with friends across platforms, when you take fitness tests or assessments, share content or achievements, or invite friends, when you ask us to customize apparel, products, or Services, where we need to provide your Personal Data to companies or ventures that are owned or controlled by ACT and to our service providers, where we need to collect Personal Data from third party sources and when you access third party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the performance of the Services
To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.
To operate our business and provide the Services, other than in performing our contractual obligations to you for ACT's "legitimate interests" for the purposes of applicable law - except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.
In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Promotions); or (ii) registering or creating an account with us. Due to different countries' laws governing consent for the collection and use of Personal Data, the requirements for consent will differ across regions. We may request your consent for a number of activities including:
We may ask for your consent to contact you by telephone, SMS/text message, WeChat, and/or email about other offers, products, Promotions, events, or services that we think may be of interest to you and for other marketing purposes.
We may also ask for your consent to share your Personal Data with certain Third Party business partners in order to offer certain goods, services, or programs. To withdraw consent, please go to the preferences of the specific third party service or app.
We may ask for your consent to provide Personal Data to allow third parties to contact you regarding their products, services, Promotions, or offers. Typically this is in conjunction with a sweepstakes or challenge (your consent for third party marketing is generally not a pre-requisite to participation. To withdraw consent, please go to the preferences of the specific third party
When you use our mobile apps we may ask for your consent to collect these (this consent may be captured at the operating system level). To change your consent status for this data please go to the preferences of the specific service or app. If you choose not to provide this information, certain Services features may be unavailable or not function properly.
We may request your consent to process sensitive Personal Data. Certain Websites or Mobile Apps may require this data to provide the Services, including when you use or interact with a wearable or other connected device, and when you take fitness tests or assessments. If you choose not to provide sensitive Personal Data (for example, specific kinds of Fitness and Wellness Data), certain features or Services may be unavailable or not function properly.
We may request your consent to collect your precise Location Data. Our Services may require this data to provide the Services. If you choose not to provide this information, certain Services features may be unavailable or not function properly. Location Data may be used to display your live location and movement and may also recognize when you have entered an ACT event or ACT section and to provide you with tailored information, advertising about products and services.
In addition, we may request your consent to share your precise Location Data with Third Parties for on and off platform personalization and curated marketing and advertising purposes.
We may request your consent to use your Personal Data for Research purposes. We may also request your consent to contact you to determine your interest to participate in certain Research initiatives and to share identifying results. For market research, we may ask questions on behalf of business partners and share your response with business partners.
We transfer data to the United States and to other countries for processing. We may request your consent for this transfer or the transfer, in other cases, may be justified by a legal basis other than consent.
We may use some automated processing to provide our Services and to make recommendations in the context of specific services. This processing is strictly necessary for providing certain Services (and, in some cases, is the service itself) and is not covered by consent. Other automated processing is not significant either due to the nature of the data or the decisions being made or recommended, and so consent is not required. However, for automated processing that is significant and related to sensitive Personal Data, prior to sharing or using such data, we will first seek your consent.
For the subset of automated processing included in ad profiling for ad targeting, you can change your consent status (for website services) by turning advertising cookies off as outlined in in our Cookie and Device ID Use section. For mobile apps, you can change your consent status by activating your Limit Ad Tracking or equivalent setting as described in our Cookie and Device ID Use section.
Some of our services consist of social sharing and communication with others. If you sign up for these services, we may ask for your consent to use your information to enable sharing as described in the service.
We may also ask for your consent when you connect with us through Social Media.
We may ask you for permission to use your Personal Data and Fitness and Wellness Data for special offers, events, sweepstakes, and other Promotions. We may use the Personal Data we collect during Promotions, to administer the Promotion, verify identity and age, and to communicate with you about the Promotion.
Within our Services there are four sharing settings: Private, Share with Friends, ACT Members Only (only available within ACT), and Public. ACT apps are designed for your wellness and fitness benefit. As such, you are able to control what Personal Data you share and with whom you share it. We encourage you to adjust the sharing settings to best meet your objectives and sharing comfort level. In the interest of safeguarding your Personal Data, we have outlined some initial default sharing settings.
Details on how to update your sharing preferences and the default settings for our Services are outlined within the sharing standard.
You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Data based on the consent you provided before you withdrew it, and exercise other controls regarding website and online data collection, interest-based advertising, your communication settings, and app preferences. Depending on the Service, collection and use of Personal Data may be required for the Services to work.
We provide you several ways to manage your preferences:
You can choose not to have IP address used for purposes of advertising or analytics by using the cookie controls for "Advertising Cookies," and "Performance/Analytics," above.
Activating the "Limit Ad Tracking," "Opt out of Ads Personalization," or equivalent setting from your mobile device will transmit a signal to us and any third parties that we use (the signal will apply to all of our mobile apps running on that device). When that signal is received by ACT or third parties, it communicates your choice to not have device IDs or Location Data used for purposes of advertising or analytics. We honor the signal and require that our third party advertising and analytics partners do the same.
To the extent our mobile apps personalize functionality for you, you can change these settings within the app, or reset to defaults by deleting and reinstalling the app.
The Personal Data ACT processes, and all associated Services and systems, including registration, is housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).
We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Where permissible, we will also delete your Personal Data upon your request. Information on how to make a deletion request can be found here.
If you have questions about our data retention practices, please contact us through our Support Team.
We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.
We do not knowingly collect Personal Data online from children under 13 (note that the minimum age may vary based on country/region, and on local law). If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our Support Team. If we become aware that a child under 13 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel the child's account.
If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us through our Support Team or write to us at:
Athletic Certified Testing, LLC Attention: Legal Department 8671 Wolff Court Ste 150 Westminster, CO USA 80031