Privacy Policy

Last modified: Jan 30, 2024

‌Introduction

TRACER Fitness Incorporated, a Utah corporation (“Tracer” or “we”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect or that you may provide when you download, install, register with, access, or use the Tracer web application or mobile application (collectively, the “App”), when you visit the website [tracerfitness.com] (the “Website”), or when you purchase, subscribe to, or receive other Tracer services (such services, together with the App and the Website, the “Service”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • Through the Service, including in the App or on the Website.

  • In email, text, and other electronic messages between you and us, including through the Website or the App.

This policy DOES NOT apply to information that we collect offline or through other means, or that you provide to or is collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Service. Such third parties may have their own privacy policies, which we encourage you to read before providing information to them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the App, access the Website, or otherwise use the Service. By accessing or using the Service in any way, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Service after we revise this policy means you accept those changes, so please check this policy periodically for updates.

Children Under the Age of 18

The Service is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@tracerfitness.com.

Information We Collect and How We Collect It‌

We collect information from and about users of our Service:

  • Directly from you when you provide it to us.

  • Automatically when you use the App or navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

  • From third parties (for example, our business partners).

Information You Provide to Us.

We may collect from, or ask you provide, information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”).

  • That is about you but individually does not identify you, such as demographic information.

This information includes:

  • Information that you provide by filling in forms in the Service, including information provided at the time of registering to use or subscribing to the Service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Service.

  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purposes.

  • Details of transactions you carry out through the Service and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Service.

  • Your search queries on the App or Website.

You may also provide information for publication or display (“Posted”) on public areas of the App or Website (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection.‌

When you download the App or access or use the Service, we may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the Service, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Service.

  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.

  • Stored Information and Files. You may choose to share certain files stored on your device with us through the App, including but not limited to photographs, audio and video clips, personal contacts, and address book information. If you choose to do so, the App also may access metadata and other information associated with such files.

  • Location Information. The App may collect real-time information about the location of your device for the purpose of tracking or providing feedback about your workouts or other activities.

If you do not want us to collect this information, do not use the Service, and do not download the App (or delete it from your device if you have already done so). In some cases, it may be possible to opt out of certain processes of data collection through the mobile and web app. Note, however, that opting out of the App’s collection may limit app features.

Information Collection and Tracking Technologies.

‌The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device or web browser. However, if you select this setting you may be unable to access certain parts of our Service.

  • Web Beacons. Pages of the Website or the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Tracer, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-Party Information Collection.

When you use the Service or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Advertisers, ad networks, and ad servers.

  • Analytics companies.

  • Your mobile device manufacturer.

  • Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the Service and its contents, and any other information, products, or services that you request from us.

  • Fulfill any other purpose for which you provide it.

  • Give you notices about your account and/or subscription, including expiration and renewal notices.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • Notify you when App updates are available, and of changes to any products or services we offer or provide though the Service.

The usage information we collect helps us to improve our Service and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Service according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the Service.

We use location information we collect for the purpose of tracking or providing feedback about your workouts or other activities.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at info@tracerfitness.com.

Disclosure of Your Information.

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Tracer’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Tracer about our Service users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce our rights arising from any contracts entered into between you and us, including the Terms of Service [tracerfitness.com/termsandconditions] and for billing and collection.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Tracer, our customers, or others.

Your Choices about Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the App to collect information through other tracking technologies through the device’s privacy settings. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Service may then be inaccessible or not function properly.

  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly.

  • Promotion by Tracer. If you do not want us to use your contact information to promote our own or third parties’ products or services, you can opt-out by emailing us at info@tracerfitness.com, or by logging into your account and adjusting the relevant settings.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

‌ Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the Service and visiting your account profile page.

You may also send us an email at tracerfitness.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Service, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Service users. Proper access and use of information provided on the Service, including User Contributions, is subject to our Terms of Service [tracerftitness.com/termsandconditions].

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

‌Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information‌

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@tracerfitness.com