ExerciseMenu.com Privacy Policy

Exercise Menu is committed to respecting the privacy rights of users of the Website and Exercise Menu mobile phone applications (the “Applications”). Exercise Menu created this Privacy Policy to give You confidence as You visit and use the Website and Applications, and to demonstrate its commitment to fair information practices and to the protection of privacy. Any terms capitalized but not otherwise defined herein shall have the respective meanings set forth in the Exercise Menu Terms of Use. This Privacy Policy is only applicable to the Website and Applications and not to any websites or applications of third parties (“Third-Party Websites/Applications”), which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites/Applications, below.

BY USING THE WEBSITE AND/OR APPLICATIONS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE AND DESIST USE OF THE WEBSITE AND/OR APPLICATION.

Each time You use the Website and/or Applications, the then-current version of this Privacy Policy will apply. Accordingly, each time You use the Website and/or Applications You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Website and/or Applications. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

  1. 1. CHILDREN’S PRIVACY

    Exercise Menu does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Exercise Menu obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, Exercise Menu will immediately delete such information from its database. Because Exercise Menu does not collect personally identifiable information from children under the age of 13, Exercise Menu has no such information to use or disclose to third parties.

  2. 2. INFORMATION COLLECTION PRACTICES

    1. (a) Traffic Data. Exercise Menu automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify You.
    2. (b) Cookies. A “Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. Exercise Menu may use Cookies to customize Your experience on the Website to Your interests, to ensure that You do not see the same advertisements or informational messages repeatedly, and to store Your password so You do not have to re-enter it each time You visit the Website. In addition, Exercise Menu may use Cookies, and other methods, to store and retrieve data from Your web browser. For additional information on Exercise Menu’s uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.

      IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

    3. (c) Web Beacons.Web Beacons” (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to Cookies, and are used to track the online movements of web users or to access Cookies. Unlike Cookies which are stored on the user’s computer hard drive, Web Beacons are embedded invisibly on web pages (or in e-mail). Web Beacons may be used to deliver or communicate with Cookies, to count users who have visited certain pages and to understand usage patterns. For additional information on Exercise Menul’s uses of Web Beacons, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies & Web Beacons, below.
    4. (d) Mobile Device Data. When users download, install and use the Applications on their mobile phone or other wireless telecommunications device, Exercise Menu may automatically gather information, including without limitation, carrier providers, unique device identifiers (such as UDIDs and device IDs), geo-location information, the types of mobile devices accessing the Application, and the types of operating systems accessing the Applications (collectively, “Mobile Device Data”). A unique device identifier is a string of alphanumeric characters (similar to a serial number) that is unique to each mobile phone or other wireless communications device. Exercise Menu uses Mobile Device Data to understand usage patterns and to improve the Applications. For additional information on Exercise Menu’s uses of Mobile Device Data, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, Web Beacons, and Mobile Device Data, below.
    5. (e) Ad Serving and Usage Analytics. Exercise Menu uses third-parties for advertising and usage analytics for the Website and Applications. These third-parties may place Cookies on Your machine, use Web Beacons, gather Personal Information (as defined below), Traffic Data and Mobile Device Data, and log data to collect traffic and activity data in order to deliver relevant metrics, content, and advertising. The collection of this information by third-parties are subject to such third-parties’ privacy policies. For additional information, see the section concerning Third-Party Websites/Applications, below.
    6. (f) Personal Information. You will be asked to provide Exercise Menu certain information related to You (“Personal Information”). Personal Information includes, without limitation: (1) “Contact Data” (such as Your name and email address,); and (2) “Demographic Data” (such as Your gender, birthday, zip code, country, height, weight, lifestyle and exercise frequency). The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile, improving the content of the Website and/or Applications, customizing the advertising and content you see, and communicating with you about new features and other news. We may also draw upon this Personal Information in order to adapt the Website and/or Applications to your needs, to research the effectiveness of our Website and/or Applications, and to develop new tools for our members.

      You are under no obligation to provide Personal Information, with the caveat that Your refusal to do so may prevent You from using certain of the Services.

    7. (g) Information You Make Public. Certain portions of the Website and Applications are open to any viewer, such as our community forums and Your personal profile. Any information You post in these locations may be available and accessible to other members of the Website. In addition, the Website contains features that permit You to upload, post, transmit, display, perform or distribute content, information or other data, including Your Personal Information. Any information that You choose to disclose by means of such features becomes public information. You should exercise caution when deciding to disclose Your Personal Information by means of such features, and You agree to assume all responsibility for doing so.
  3. 3. INFORMATION USE AND DISCLOSURE PRACTICES

    1. (a) Traffic Data and Information Gathered Using Cookies, Web Beacons & Mobile Device Data.

      Exercise Menu analyzes Traffic Data and information gathered using Cookies, Web Beacons and Mobile Device Data to help Exercise Menu better understand who is using the Website and/or Applications and how they are using the Website and/or Applications. By identifying patterns and trends in usage, Exercise Menu is able to better design the Website and Applications to improve Your experience, and to serve You more relevant and interesting content and advertisements. From time to time, Exercise Menu may release Traffic Data and information gathered using Cookies, Web Beacons and Mobile Device Data in the aggregate, such as by publishing a report on trends in the usage of the Website. In addition, Exercise Menu may share Traffic Data and Mobile Device Data and information gathered using Cookies and Web Beacons with: (1) third-party analytics companies so that such third-parties may help Exercise Menu better understand who is using the Website and/or Applications and how they are using the Website and/or Applications; and (2) its advertisers and marketing partners so that such third-parties may provide You with advertisements tailored to Your interests, and to ensure that You do not see the same advertisements or informational messages repeatedly.

    2. (b) Personal Information
      1. (i) Generally. Exercise Menu uses Your Contact Data to send You information about Exercise Menu and Exercise Menu’s products and services, and to contact You when necessary in connection with the Services. Exercise Menu uses Your Demographic Data to customize and tailor Your experience on the Website and/or Applications. As with Traffic Data and Mobile Device Data and information gathered using Cookies and Web Beacons, from time to time Exercise Menu may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Website and/or Applications. In addition, Exercise Menu shares Demographic Data with its advertisers and marketing partners so that such third-parties may provide You with advertisements tailored to Your interests.
      2. (ii) Disclosure Practices

        Except as otherwise provided in this Privacy Policy, and under the following circumstances, Exercise Menu will keep Your Personal Information private, and will not share it with third parties.

        1. Disclosure in Connection with Services. Exercise Menu discloses Personal Information to those who help it provide services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
        2. By Law or to Protect Rights. Exercise Menu discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Exercise Menu believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Exercise Menu, third-parties or the public at large.
        3. Business Transfers; Bankruptcy. Exercise Menu reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Exercise Menu’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if You are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Exercise Menu’s successor organization.
  4. 4. CONSENT TO RECEIVE EMAIL FROM EXERCISE MENU

    By registering with the Website and/or Applications, You thereby consent to receive periodic email communications from Exercise Menu regarding the Services, new product offers, promotions and other matters. As part of registration, You may also elect to receive periodic Exercise Menu newsletters. You may opt-out of receiving newsletters at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in your account.

  5. 5. CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS

    By registering with the Website and/or Applications, Your thereby consent to receive electronic communications, including email and personal messages from other Exercise Menu members.

  6. 6. SECURITY OF PERSONAL INFORMATION

    Exercise Menu has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information.

  7. 7. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION

    Exercise Menu wants Your Personal Information to be complete and accurate. By using the Website and/or Applications, You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and/or Applications and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, Your Personal Information, please visit Your personal profile.

  8. 8. THIRD-PARTY WEBSITES/APPLICATIONS

    Exercise Menu neither owns nor controls Third-Party Websites/Applications. Accordingly, Third-Party Websites/Applications are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by Exercise menu. Before visiting or providing Personal Information to a Third-Party Website, You should inform Yourself of the privacy policies and practices (if any) of that Third-Party Website, and should take those steps necessary to, in Your discretion, protect Your privacy.

  9. 9. UPDATES AND CHANGES TO PRIVACY POLICY

    Although most changes are likely to be minor, Exercise Menu reserves the right, at any time and without notice, to add to, update, change or modify this Privacy Policy, simply by posting such update, change or modification on this page. Any such addition, update, change or modification will be effective immediately upon posting on the Website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Website and/or Application following the date in which the modified or amended Privacy Policy is posted on the Website. Accordingly, each time You use the Website and/or Applications You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Website and/or Applications. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

Effective Date: October 3, 2011