Effective as of November 24, 2020.

1. Introduction

If you have not already, please read our Terms of Service. They accompany this Privacy Policy and must both be read.

Subject to the next paragraph, we ask that you not send us, and you do not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site, our Applications, or Services (the “Nexercise Properties”) or otherwise to us.

If you send or disclose any Personal Data to us when you submit user-generated content to the Nexercise Properties, you consent to our processing and use of such Personal Data in accordance with this policy. If you do not consent to our processing and use of such Personal Data, you must not submit such user generated content to the Nexercise Properties.

A Note About Children : Except for limited circumstances when a K-12 school or school district has registered for an account through our Youth Initiative, the Nexercise Properties are not intended for use by children under the age of 13. For more information regarding the limitations on the use of our services by children and schools, see Section 10 below.

We provide additional information for individuals located in the European Union, European Economic Area, and United Kingdom (collectively, “Europe” or “European”) in Section 14 below. We provide additional information for California residents in Section 15 below.

2. Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

• “App(s)” refers to our mobile and web applications made available to you through Apple iTunes, Google Play, the Apple TV App Store, the Android Marketplace, and the world wide web, including the Nexercise App and the Sworkit App;
• “Nexercise” refers to our company, known as “Nexercise, Inc.”; our Site; our Apps; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
• “Privacy Policy” refers to this Privacy Policy;
• “Service” refers to the services that we provide, including our Apps, our Site, and referring you to third parties that provide good and services you may be interested in;
• “Site” refers to any website controlled by us where this privacy policy appears, includingwww.nexercise.com and www.sworkit.com;
• “User” refers to users of our Apps and visitors to our Site;
• “You,” refers to you, the person who is governed by this Privacy Policy.

3. Information We Collect

“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

Information You Provide to Us

• We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network (“Account”).
• If you use our Services on your mobile device, including through our App(s), we may collect your phone number and the unique device id number.
• If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may collect data about your location that we use to better understand where and how our service is being used. If you want to deactivate this feature, you can either uninstall the App(s) or deactivate location sharing on your mobile device.
• When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
• Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
• When you order products or services on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
• We retain information on your behalf, such as files and messages that you store using your Account.
• If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. This information may be shared with third parties who help process and fulfill your purchases. When you submit credit card numbers, we encrypt that information using industry standard technology.
• When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site or in our Apps, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make available on your profile page (“Profile”). The information that you provide in your Profile will be visible to the other users that you choose to connect with through the Site or App(s).
• When you post messages on the message boards of our Site or App(s), the information contained in your posting will be stored on our servers and other users will be able to see it.
• When you participate in one of our surveys, we may collect additional profile information.
• We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.
• If you participate in a sweepstakes, contest or giveaway on our Site or through our App(s), we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.

Information You Provide to Facebook and Other Social Networking Sites

The Services allow users to access Facebook to interact with friends and to share on Facebook through Wall and friends’ News Feeds. If you are already logged into the Services and Facebook or another SNS, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to merge your profiles. If you are already logged into the Services but not logged into Facebook or another SNS that we support, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to enter your SNS credentials or to “Sign Up” for the SNS. By proceeding, you are allowing the Services to access your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services. Conversely, if you are not currently registered as a user of the Services, and you click on “Sign in” using Facebook or another SNS that we support, you will first be asked to enter your Facebook or SNS credentials and then be given the option to register for the Services. In this case, we may receive information from Facebook or another SNS to make it easier for you to create an Account on the Site and show our relevant content from your Facebook or SNS friends. Once you register on the Site and connect with Facebook or another SNS, you will be able to automatically post recent activity back to Facebook or the other SNS. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. You have the option to disable Facebook Connect at any time by logging into your Account through the Site and going to settings, “About Me,” “Linked Accounts,” and then unselecting “Facebook.” Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect your Services activity stream by visiting the Facebook Applications Settings page. Please note that any personal information you share on a SNS may become public; therefore, you should be cautious before posting any content on a SNS.

Information Collected via Technology

• Information Collected by Our Servers. To make our Site, Apps and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ( “IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
• Log Files As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ( “ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site and Apps, track users’ movements around the Site and Apps, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site, our Apps or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
• Mobile Services. We may also collect non-Personal Data from your mobile device if you have downloaded our App(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App(s), and information about the type of device you use. In addition, in the event our App(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App(s). This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
• Google Analytics. We use Google Analytics to help analyze how users use the Site. As described further in our Cookie Policy, Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Cookies

Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. See our Cookie Policy for further details.

Apple's Health App and the Apple HealthKit API

In addition, you may authorize us to sync your Sworkit workout information and collect information from your Apple iOS Health App Data. You decide what information is placed into the Health App and you can modify which specific data we can collect and access through your Health App settings. We request access to your weight, heart rate, and active energy burned. Additionally, we request permission to write info to active energy burned and workout type. Your Health App Data is a part of your Personal Data. The information you provide directly in the Health App (i.e., not through Nexercise) is governed by the Apple Terms and Conditions and Privacy Policy. Personal Data from the Health App is not shared by Nexercise, Inc to third parties.

Google ID

We allow you to use your Google ID to set up an Account. If you wish to use your Google account you are taken to the Google website to login to your account and this information is then shared with us for the sole purpose of setting up your Account.

Location Information.

If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location. If you do not want this information collected by us, you can disable location services on your phone.

4. Use and Retention of Your Information

Why do we need your Personal Data?

We will only process your Personal Data in accordance with applicable data protection and privacy laws. We need certain Personal Data in order to provide you with access to the Nexercise Properties. If you created a profile or otherwise registered with us, you will have been asked to check a tick box indicating your agreement to provide this data in order to access our services, purchase our products, or view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your Personal Data in line with this policy, please do not use our the Nexercise Properties.

Usage . We may use your information to:

• Provide the Services you request.
• Enhance or improve user experience, our Site, our Apps, or our Services.
• Send e-mails about our Site or our Apps, or respond to inquiries.
• Send e-mails and updates about Nexercise or third parties (only stuff we think is good; no letters from Nigerian princes who need your online banking passwords and a high resolution copy of your signature to give you a million dollars).

We do not use your Personal Data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.

User Testimonials and Feedback.

We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

Creation of Anonymous Data.

We may create De-Identified Data records from Personal Data collected (excluding HealthKit Data) by the Sworkit Apps. We use this De-Identified Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use De-Identified Data for any lawful purpose and disclose De-Identified Data to third parties in our discretion. We will not use or disclose to third parties user data gathered from the HealthKit API or from health-related human subject research for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. We will not use the HealthKit APIs, or any information obtained through the HealthKit APIs, to disclose or provide an end-user’s health and/or fitness information to a third party without express end user consent, and then only for purposes of enabling the third party to provide health and/or fitness services. For example, we will not share or sell an end-user’s health information collected through the HealthKit APIs to advertising platforms, data brokers or information resellers. With the explicit permission and consent of the end-user, we may share their data with third parties for medical research purposes.

Retention.

We will only retain your Personal Data as long as reasonably required for you to use the Nexercise Properties, or until you close your account (unless a longer retention period is required or permitted by law, including, for example, for regulatory purposes).

5. Third Party Websites and Apps

Nexercise or one of its Users may post links to third party websites or apps on the Site or in the Apps. These third party websites and apps are not screened for privacy or security issues by Nexercise, and you release us from any liability for the conduct of these third party websites or apps.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any Personal Data relating to members of the Service or Site or App. Nexercise bears no responsibility for the information lawfully collected or used by any advertiser or third party website or app. Please review the privacy policy and terms of service for each site or app you visit through third party links.

6. Access to Your Information

Opt-out . You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive Personal Data; (iv) any new processing of your Personal Data that we may carry out beyond the original purpose; or (v) the transfer of your Personal Data outside the EEA. Please note that your use of some of the Nexercise Properties may be ineffective upon opt-out.

You may contact us at [email protected] or 7315 Wisconsin Avenue, Suite 400W, Bethesda, MD 20814 anytime for any other questions you may have about your Personal Data and our use of such Personal Data.

7. How We Share Your Personal Data

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Affiliates . We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers . We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Services (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Professional advisors . We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety . We may share your personal information for the compliance, fraud prevention and safety purposes described above.

Our Third Party Service Providers

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website or App.

Therefore, you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or App or their underlying files or systems.

Third Parties Designated by You

When you use the Services, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates. Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by going to your account settings and changing your publishing options.

Users

We will share your Personal Data with other Users solely for the purpose of providing the Services.

Affiliates

We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“ Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

Corporate Restructuring

We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

Social Networking Sites

Some of our Apps and Services may enable you to post content to SNSs (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

Disclosure to Third Party Companies

We may enter into agreements with companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our website ( “Third Party Companies”). A Third Party Company may want access to Personal Data that we collect from its customers.

AS A RESULT, WE MAY PROVIDE YOUR PERSONAL DATA TO A THIRD PARTY COMPANY. BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL DATA TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING [email protected]. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.

Profile

Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Services, most of the Personal Data you explicitly provide to us when you register or update your Profile is displayed on your Profile. Once displayed on your Profile, that information can be collected and used by your friends. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Data in your posts. Once you have posted information, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).

Legal Purposes

In cases where there is a bona fide legal dispute with you we will disclose information as directed by the law. Please make sure you use our Service only for legal purposes.

8. Opting Out

Email . By providing information to the Site and the App that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Nexercise since, by providing such information, you agree to receive communication from us and anyone else covered under this Privacy Policy. However, if you ask us to remove you from our list, we’ll be happy to do it. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

Cookies

If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

De-Linking SNS

If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.

Changing or Deleting Your Personal Data

You may change any of your Personal Data in your Account by editing your profile within your Account or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.

Applications

You can stop all collection of information by the App(s) by uninstalling the App(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

9. Security Measures; Incident Response

We take the confidentiality and security of the Personal Information we collect very seriously.

We have implemented physical, technical, and administrative measures designed to enhance the security of our Site, our Apps, and Service. Such measures include the use of SSL Certificates. Unfortunately, no system is 100% foolproof or secure; therefore, we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

In the event we become aware of a data breach impacting your Personal Information, we will provide notification in compliance with applicable laws. For example, we may post a notice on the Site and may send you an email to the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

We have implemented procedures designed to stop threats that may expose your Personal Information, restore our Site, Apps, and/or Service to full functionality, and document and take proactive steps to minimize the risk that an incident could be repeated. We also have measures in place to preserve relevant evidence for investigation by security professionals and law enforcement as appropriate. In the unlikely event of an unauthorized disclose, we will follow our internal procedures.

If you have any information about the security features of our Services, you can email us at [email protected].

10. Children and Schools

Except through an account established by a K-12 school or school district through (discussed in more detail below), children under the age of 13 are prohibited from using our Site, Apps, or Service. We do not intentionally gather Personal Data from visitors who are under the age of 13. If we learn that we have unintentionally collected Personal Data from a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at [email protected].

If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site, our App, and/or Service.

Schools

K-12 schools or school districts (or their authorized personnel) (“K12 User”) may apply for a free account (a “K12 Account”) through our Youth Initiative for the use of our Apps and/or Service for educational purposes. Through the use of a K12 Account, we may collect information from students, including students under the age of 13 (collectively “Student Users”) as a services provider to, and at the direction of, a K12 User. In such instances, we rely on the K12 User to provide consent as necessary under the Children’s Online Privacy Protection Act (“COPPA”) to allow us to provide access to our Apps and/or Services for educational purposes.

Each K12 Account is subject to our Terms of Service. Each K12 User must agree to those Terms of Service as a condition of using our Apps and/or Services.

We collect the following Personal Information from Student Users:

Personal information we collect	CCPA-defined categories (click here for details)	Sources of personal information	Purposes for which we may collect and use the personal information	Data sharing
Name, address, email address, telephone number, profile photo, employer information, IP address, or other similar identifiers, or transactions information	Identifiers	- You - Our business partners - Our business clients	- Service delivery - Research & development - Marketing - Compliance & Operations	- Advertising partners - Service-related third parties - Professional advisors - Authorities and others - Business transferees
Records of products or services requested or considered	Commercial Information	- You - Business partners	- Service delivery - Research & development - Marketing - Compliance & Operations	- Affiliates - Service-related third parties - Professional advisors - Authorities and others - Business transferees
Cookies, IP address, device IDs, email address	Online Identifiers	- You - Our clients	- Service delivery - Research & development - Marketing - Compliance & Operations	- Affiliates - Service-related third parties - Professional advisors - Authorities and others - Business transferees
Browsing history and information regarding interaction with the web site	Internet or Network Information	- You - Automatic collection	- Service delivery - Research & development - Marketing - Compliance & Operations	- Affiliates - Service-related third parties - Professional advisors - Authorities and others - Business transferees
Profile reflecting your preferences, characteristics, behavior, attitudes, abilities, and aptitudes.	Inferences	- You - Business partners	- Enhancing user experience	- None
sex, gender identity and expression, sexual orientation, age	Protected Classification Characteristics	- You	- Enhancing user experience through the profile	- None
Weight	Physical Description	- You		- None

With our Sworkit Student Engagement Portal (SSEP) we’ve created a tool that school personnel (for example, teachers and athletic staff) can use to monitor the use of Sworkit by their students. This allows school personnel engagement with the Services so that they can monitor student participation and award credit. The parameters for monitoring using the SSEP is determined in the discretion of the school and is solely under the control of the school. If you are a parent or student and have questions about how your school uses the monitoring features, you should contact your school administration.

We never sell Personal Information of Student Users or use such information for advertising . We do not serve advertisements to Student Users. We only use Personal Information from Student Users for purposes related providing and/or improving our services. Please note that we may use aggregated and de-identified data derived from Student Users (such as school-level usage data) to provide information to our K12 Users that may help them to better utilize our services for their educational purposes.

Personal Information we collect from Student Users may be subject to additional federal and state student privacy laws, including the Family Educational Rights and Privacy Act (“FERPA”). Under FERPA, the K12 User (as the school or the school’s authorized representative) must control Personal Information of Student Users. If you are a parent or legal guardian of a Student User and want to request access to or deletion of Personal Information regarding your child, you must contact the appropriate personnel at your school. We are unable to respond to such requests directly due to our obligations under FERPA and our contractual arrangements.

If you would like more information on FERPA, please visit the U.S. Department of Education’s FERPA General Guidance for Parents (last accessed October 2020).

11. International Transfer

Your data, including Personal Data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using the Nexercise Properties and your checking of a tick box indicating your agreement to this transfer, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy.

12. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page and we will notify you by sending an e-mail to the last e-mail address you provided to us. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Apps, Site or Service, following notice of such changes means that you agree with those changes.

13. Questions; Contacting Us; Reporting Violations

If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or phone number:

Nexercise

Attn : Legal

7315 Wisconsin Avenue, Suite 400W, Bethesda, MD 20814

[email protected]

Last Modified: August 6, 2018

14. Notice to European Users

The information provided in this “Notice to European Users” section applies only to individuals in Europe.

Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation, Regulation (EU) 2016/679 (General Data Protection Regulation) GDPR.

Controller. Nexercise, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.

Legal bases for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

Processing purpose Details regarding each processing purpose listed below are provided in the section above titled “Use and Retention of Your Information.”	Legal basis
To operate the Service	Processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the Service you access and request.
To send you marketing communications To display advertisements For compliance, fraud prevention and safety To create anonymous data	These activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
To comply with law	Processing is necessary to comply with our legal obligations.
With your consent	Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we will dissociate such information from the information attached to your content. In some circumstances, we may anonymize your personal information (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to you.

Your Rights

European data protection laws give you certain rights regarding your personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct. Update or correct inaccuracies in your personal information.
• Delete. Delete your personal information.
• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict. Restrict the processing of your personal information.
• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to [email protected] or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us (at [email protected] or 7315 Wisconsin Avenue, Suite 400W, Bethesda, MD 20814) or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Cross-Border Data Transfer

If we transfer your personal information out of Europe to a country not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be performed:

• Pursuant to the recipient’s compliance with standard contractual clauses, EU-US Privacy Shield (or Swiss-US Privacy Shield, as applicable), or Binding Corporate Rules
• Pursuant to the consent of the individual to whom the personal information pertains
• As otherwise permitted by applicable European requirements.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.

15. Notice to California Residents

We are required by the California Consumer Privacy Act of 2018 (“CCPA”) to provide to California residents an explanation of how we collect, use and share their personal Information, and of the rights and choices we offer California residents regarding our handling of the personal information. This notice does not apply to information related to our business contacts.

We do not sell personal information. As we explain in this Privacy Policy, we use cookies and other tracking technologies to analyze website traffic and facilitate advertising. If you would like to opt out of our (and our third party advertising partners’) use of cookies and other tracking technologies, please review the instructions provided in the Online Tracking Opt-out Guide. Our platform allows users to direct us to share their information with Providers with whom they wish to connect.

In addition to the information in our Privacy Policy, the following chart further describes our privacy practices with respect individuals whose information is governed by the CCPA.

Personal information we collect	CCPA-defined categories (click here for details)	Sources of personal information	Purposes for which we may collect and use the personal information	Data sharing
Name, address, email address, telephone number, profile photo, employer information, IP address, or other similar identifiers, or transactions information	Identifiers	You Our business partners Our business clients	Service delivery Research & development Marketing Compliance & Operations	Advertising partners Service-related third parties Professional advisors Authorities and others Business transferees
Records of products or services requested or considered	Commercial Information	You Business partners	Service delivery Research & development Marketing Compliance & Operations	Affiliates Service-related third parties Professional advisors Authorities and others Business transferees
Cookies, IP address, device IDs, email address	Online Identifiers	You Our clients	Service delivery Research & development Marketing Compliance & Operations	Affiliates Service-related third parties Professional advisors Authorities and others Business transferees
Browsing history and information regarding interaction with the web site	Internet or Network Information	You Automatic collection	Service delivery Research & development Marketing Compliance & Operations	Affiliates Service-related third parties Professional advisors Authorities and others Business transferees
Profile reflecting your preferences, characteristics, behavior, attitudes, abilities, and aptitudes.	Inferences	You Business partners	Enhancing user experience	None
sex, gender identity and expression, sexual orientation, age	Protected Classification Characteristics	You	Enhancing user experience through the profile	None
Weight	Physical Description	You		None

Please note that we may also disclose all personal information to service providers, to comply with law, in connection with compliance, fraud prevention and safety purposes, or in connection with a business transfer. For additional information, visit the section of our Privacy Policy entitled “How We Share Your Personal Information.”

Privacy Rights . Except as excluded above, the CCPA grants California residents the following rights:

• Information . You can request information about how we have collected, used and shared your personal information during the past 12 months. We have made this this information available to California residents without having to request it by including it in this Privacy Policy, in the chart above.
• Access . You can request a copy of the personal information that we maintain about you.
• Deletion . You can ask us to delete the personal information that we collected or maintain about you.

Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.

You are entitled to exercise the rights described above free from discrimination.

How to Submit a Request . To request access to or deletion of personal information:

• Call: 800 219-0713 Ext. 104
• Email: [email protected]

Identity verification. The CCPA requires us to verify the identity of the individual submitting a request to access or delete personal information before providing a substantive response to the request. We may attempt to verify your identify by asking you to confirm information that we have on file about you or your interactions with us. Where we ask for additional personal information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.

Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.

ONLINE TRACKING OPT-OUT GUIDE

Like many companies online, we use services that use tracking technology. These services rely on tracking technologies – such as cookies and web beacons – to collect directly from your device information about your browsing activities, your interactions with websites, and the device you are using to connect to the Internet.

There are a number of ways to opt out of having your online activity and device data collected through these services, which we have summarized below:

• Blocking cookies in your browser . Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org .
• Blocking advertising ID use in your mobile settings . Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers . You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave , or installing browser plugins like Privacy Badger , Ghostery or uBlock Origin , and configuring them to block third party cookies/trackers.
• Advertising industry opt-out tools . You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
• Digital Advertising Alliance: http://optout.aboutads.info
• Network Advertising Initiative: http://optout.networkadvertising.org/?c=1

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.Cookie Policy

This Cookie Policy explains how Nexercise, LLC (“Nexercise ,” “we,” “us” or “our”) uses cookies and similar technologies in connection with the www.Nexerciseventures.com website and any other website that we own or control and which posts or links to this Cookie Policy (collectively, the “ Sites”).

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies serve different purposes, like helping us understand how a site is being used, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience.

Our Sites may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them).

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Sites; and (2) third party cookies, which are served by service providers or business partners on our Sites, and can be used by these parties to recognize your computer or mobile device when it visits other websites. Third party cookies can be used for a variety of purposes, including site analytics, advertising and social media features.

What types of cookies and similar tracking technologies does Nexercise use on the Sites?

On the Sites, we use cookies and other tracking technologies in the following categories described in the table below.

	The Nexercise Properties use the following types of cookies for the purposes set out below:
		Type of cookies	Purpose
		Essential Cookies	These cookies are essential to provide you with services available through the Nexercise Properties and to enable you to use some of its features. For example, they allow you to log in to secure areas of the Nexercise Properties and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
		Functionality Cookies	These cookies allow the Nexercise Properties to remember choices you make when you use the Nexercise Properties, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of [our Site/Application(s)/Services] which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit the Nexercise Properties.
		Analytics and Performance Cookies	These cookies are used to collect information about traffic to [our Site/Application(s)/Services and how users use the Nexercise Properties. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to the Nexercise Properties, the websites that referred them to the Nexercise Properties, the pages they visited on the Nexercise Properties, what time of day they visited the Nexercise Properties, whether they have visited the Nexercise Properties before, and other similar information. We use this information to help operate the Nexercise Properties more efficiently, to gather broad demographic information and to monitor the level of activity on the Nexercise Properties. We use Google Analytics and other third party analytics services for this purpose. Google Analytics uses its own cookies. It is only used to improve how the Nexercise Properties works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies . You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html . You can prevent the use of Google Analytics relating to your use of the Nexercise Properties by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB .
		Targeted and advertising cookies	These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show advertisements which we think will be relevant to your interests while you are on third party websites. You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices , http://www.aboutads.info/choices or http://www.networkadvertising.org . If you choose to remove targeted or advertising cookies, you will still see advertisements but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral cookies are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.
		Social Media Cookies	These cookies are used when you share information using a social media sharing button or “like” button on the Nexercise Properties or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter, or Google+. The social network will record that you have done this.

Other technologies

In addition to cookies, our Sites may use other technologies, such as Flash technology to pixel tags to collect information automatically.

Browser Web Storage

We may use browser web storage (including via HTML5), also known as locally stored objects (“LSOs”), for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. Your web browser may provide functionality to clear your browser web storage.

Web Beacons

We may also use web beacons (which are also known as pixel tags and clear GIFs) on our Sites and in our HTML formatted emails to track the actions of users on our Sites and interactions with our emails. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages or within HTML formatted emails. Pixel tags are used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of the Sites, so that we can manage our content more effectively.

Your Choices

Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Sites may not work properly.

For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience in your use of our Sites. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Sites.

Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly-titled link). Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.

Changes

Information about the cookies we use may be updated from time to time, so please check back on a regular basis for any changes.

Questions

If you have any questions about this Cookie Policy, please contact us by email at [email protected].

Last modified November 24, 2020.