This Privacy Policy informs users of the Lose It! Website, AscendApp.com, and other Lose It! controlled or operated websites (“Websites”) and other Lose It! mobile applications (“Apps”) about how FitNow, Inc., doing business as Lose It! (“Lose It!” or “we”) gathers and uses (i) personal information submitted to Lose It! and (ii) aggregated information collected from the Websites, Apps and Lose It! Services (as defined below). This Privacy Policy applies to the Websites and Apps and other Lose It! owned websites, domains, services, applications and products (“Lose It! Services”).
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the processing of your information, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make.
Lose It! collects and uses your personal information, including information that could personally identify you or is deemed to personally identify you by applicable law (“Personally Identifiable Information”) to manage and enhance your use and experience of the Websites and Apps and Lose It! Services.
We may also use and allow third parties to track your browsing history profile. Such tracking will allow Lose It! to offer you specifically tailored services and products with appropriate user consent, where necessary (both of Lose It! and its third party partners).
User Information. We collect Personal Information and other information about Lose It! users such as:
We also collect other kinds of information from you or other sources, which we refer to as “Other Information” in this Policy, which may include but is not limited to:
Under certain circumstances and depending on applicable law, some of this Other Information may constitute Personal Information. Personal Information together with Other Information is hereinafter referred to as “User Information”.
Additionally, you may choose to provide a biological sample to one of our partners to allow Genetic Information to be generated for you and incorporated into the Lose It! app. Genetic Information will not be shared with us unless you consent to such sharing.
Coaches. If you are a Coach participating in the Ascend for Lose It! coaching program you will be asked to provide your email address and to select a password. You may also provide personal information such as your name, the name of your company and your photo.
Your information may also be supplemented with additional information from other sources, including publicly available sources and our third-party partners.
We may share Personally Identifiable Information and/or data that does not identify an individual user:
We may disclose your Personally Identifiable Information (including Genetic Information) when we reasonably believe that it is required by law, a duly authorized court order, or legal process and to protect and defend the rights and interests of Lose It!, its affiliates, suppliers, or users. If we are required to disclose your information, we will attempt to provide you with advance notice, unless we are prohibited from doing so by law.
In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal information.
We may collect or obtain User Information about you: directly from you (e.g., where you contact us); in the course of our relationship with you (e.g., if you make a purchase); when you make your Personal Information public (e.g., if you make a public post about us on social media); when you download, install, or use any of our Services; when you visit our Services; when you register to use any part of the Services; or when you interact with any third party content or advertising on the Services. We may also receive User Information about you from third parties (e.g., social network sites). We may also create User Information about you, such as records of your interactions with us. Lose It! is not responsible for Personal Information you volunteer about yourself in public areas of the Services. This Policy does not cover the practices of third parties who may provide information about you to Lose It!
Collection of User Information: We may collect User Information about you from the following sources:
Please note that Lose It! is not responsible for the information you volunteer about yourself in the discussions in certain public areas of the Services, such as forums, blogs, wikis, chat rooms, private messages, message boards or other publicly accessible interaction, or information that you choose to make public in your member profile or other areas of the Services that allow users to upload or post content. We discourage users from posting such Personal Information in this fashion. You can change your publicly available information at any time via your profile page. To request removal of your Personal Information from these areas, please contact us using our Privacy Portal. In some cases, we may not be able to remove your Personal Information, in which case we will let you know we are unable to do so and why.
This Privacy Policy does not cover the practices of third parties, including those that may disclose information to Lose It!.
Creation of User Information. We may also create User Information about you, such as records of your interactions with us and details of your purchase history, for internal administrative purposes and analysis. We may also use User Information you have provided to us with data obtained from third parties to enhance our records or enhance our ability to provide products and services, such as appending additional information to your profile.
Notwithstanding the foregoing, Lose It! will not use or disclose to third parties user data gathered from the Apple, Inc. Healthkit framework or Healthkit API for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. In no event will any information be collected from Healthkit users for use by third parties in compliance with this section without obtaining user consent.
The Lose It! Services allow you to share your diet and exercise goals and information with friends that you select. In addition, if you accept an invitation from a Coach as a part of our Ascend for Lose It! coaching service, you will enable the sharing of your Personal Diet Data information and potentially personally identifiable information with the Coach.
Please bear in mind that Lose It! cannot control what your friends or Coaches do with the information you share with them, so you should only share with friends and Coaches you trust.
The Genetic Information Nondiscrimination Act of 2008 (GINA) provides, as to users that are residents of the United States, that you do not need to share your genetic Information with your employer or your health insurer. Even so, you may be asked to share your Genetic Information with other insurers. These others could include life, long-term care, and disability insurance firms. You should always take care with whom you choose to share your Genetic Information.
Lose It! values the accuracy of the information you provide. All users can confirm, change, or update personal information you have provided to us. If you want to opt-out of communications from Lose It!, you can do so here. If you change your mind, you can opt-in again here. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices. Users that are residents of the United Kingdom, European Union, California or any jurisdictions that have additional rights with respect to personal information, as explained below may contact us using our Privacy Portal.
We take commercially reasonable precautions in an effort to protect your information against security breaches. For example, we store personal information and Personal Diet Information in a secure, limited access facility, and we use industry-standard firewalls and security software designed to protect the security and integrity of your Personal Diet Information. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed. By using the Websites, Apps and Lose It! Services, you acknowledge that you understand and agree to assume these risks.
LoseIt.com is a general interest website, and we do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use the Websites or App. Consistent with the Children's Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation, the Websites and App are not intended for use by anyone under the age of 18 (COPPA's minimum protections are for minors 13 years of age or under). Lose It! does not knowingly collect personal information from children through this Web Site.
If you are a parent with concerns about children's privacy issues in conjunction with the use of this Web Site, please contact our Customer Care team. Lose It! encourages parents to discuss this Privacy Policy and the dangers of providing Personal Information on-line.
Cookies. Lose It! and/or certain third parties may collect information about you for online behavioral advertising purposes in order for you to receive relevant interest-based advertising on the Services and on other websites, platforms and media channels. We use Online Data as well as other User Information to send you online behavioral ads. Online Data is aggregated with the Other Information and data we collect and/or similar data collected by partners to create groups of users and certain general-interest categories or segments that we have inferred. We use this information to get a more accurate picture of audience interests in order to serve ads we believe are more relevant to your interests.
Lose It! and its partners may use cookies and other tracking technologies to analyze trends, administer Services, track users’ movements around the Services and on third party sites, devices and applications, and to gather demographic information about our user base. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on the Services. To manage Flash cookies, please click here. Please see our Cookie Policy for more information, including a more in-depth explanation of what cookies are, the different types of cookies used on the Services, and how to change or delete them.
Tracking technologies on the Services may be deployed by Lose It! and/or by our service providers or partners. Certain tracking technologies enable us to assign a unique identifier to you, and relate information about your use of the Services to other information about you, including your User Information. We may match information collected from you through different means or at different times and use such information along with offline and online information obtained from other sources (including from third parties), including, but not limited to, demographic information and updated contact information, for the purposes of learning more about you so we can provide you with relevant content and advertising.
When you receive email messages or newsletters from us, we may use web beacons, customized links, clear GIFs or similar technologies to determine whether the email has been opened and which links you click in order to provide you with more focused email communications or other information, and/or to aggregate that information with other data we collect to use for some or all of the purposes outlined in this Privacy Policy.
We and our partners (including but not limited to e-commerce partners, affiliates, and analytics providers) also may use technologies such as pixel tags, e-tags, IP addresses, Local Shared Objects, Local Storage, Flash cookies and HTML5 to analyze trends; administer the Services; collect and store information such as user settings, anonymous browser identifiers and video viewing history; supplement our server logs and other methods of traffic and response measurement; track users’ location and movements around the Services; gather demographic information about our user base; and to improve our understanding of traffic on the Services, visitor behavior, and responses to promotional campaigns. We may receive reports based on the use of these technologies by these third party companies on an individual and aggregated basis. For example, we may connect information about your IP address to known corporate or User Information and use the associated information related to aggregate content preferences to assist in our efforts to market services to you or the originating corporation(s). Various browsers may offer their own management tools for removing Local Storage. To manage Flash Local Shared Objects please click here.
We may use mobile analytics software to collect data and to better understand the functionality of our mobile software, devices and applications on your phone and other devices. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link this information to User Information.
Lose It! and/or certain third parties may collect information about you for online behavioral advertising (“OBA”) purposes in order for you to receive relevant interest-based advertising on the Services and on other websites, platforms and media channels. OBA is also referred to as interest-based advertising.
Lose It! may display ads on both the Services and on the Channels. We may use Online Data as well as other User Information to send you OBA. For example, if you read an article about a particular subject on the Services, we may use cookies from a vendor to later serve you an advertisement for a particular product or service related to the viewed article. These third party vendors may connect information about pages you visit on the Services with information about pages you visit on other Channels and show you advertising based on this combined information. These advertisements may appear when you are visiting a different section of the Services or on another Channel. Likewise, third party vendors may serve you advertisements when you visit the Services based on your interaction with the Services and other Channels.
The specific providers we use for OBA are subject to change. For a list of some of the applicable providers, click here. For information about how to opt out of tracking methods for these entities and others, click here. For more details about OBA and opting out, see Interest Based Advertising below.
Online Data is aggregated with the Other Information and data we collect as described in this Privacy Policy and/or similar data collected by partners to create groups of users and certain general-interest categories or segments that we have inferred based on (a) demographic or interest data and GeoIP Data, (b) the pages you view and links you click when viewing an email or using the Services and those of our partners, and/or (c) the search terms you enter when using certain search services. We use this information to get a more accurate picture of audience interests in order to serve ads we believe are more relevant to your interests. We store page views, clicks and search terms used for ad personalization targeting separately from your Personal Information.
Web Beacons. We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our Websites. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to personal information. A web beacon is an electronic image and string of code that is embedded in a web page or email which allows us to track web page views/hits or the opening of an email containing a beacon. We may use web beacon in conjunction with cookies to track web-site activity on www.loseit.com. Web beacon tracking by Lose It! does not identify the name or email address of the web user or mail recipient.
If you are a resident of the United Kingdom, European Union or the State of California, you have the following rights:
To exercise any of the rights explained above, click here. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights, and freedoms or for the establishment, exercise or defense of legal claims.
If you believe that we have misused your personal data, you also have a right to lodge a complaint with a national Data Protection Authority. Each European Union member nation has established its own Data Protection Authority; you can find out about the Data Protection Authority in your country here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
In addition, Lose It! or our partners may use analytics technology to track traffic data about use of the Apps. As noted above, we may share event level data with our analytics partners Amplitude, Singular, and/or Google – as well as both event level data and email addresses with our analytics partner Iterable – to help us learn about and improve use of the Apps. Such partners have the right to retain and use the anonymous traffic data collected through the analytics service from users of the Websites or the Apps. We work to ensure these third parties provide privacy protections equal to those required under this Privacy Policy and Apple’s Developer Guidelines.
When you use our apps, third parties may collect data about your mobile device in order to serve ads on other apps or websites that are tailored to your interest. This practice is known as 'interest-based advertising.' Examples of data that may be collected include: IP addresses, Advertising ID, or any ads that you click while using our app. If you wish to opt out, please click here for instructions.
We are providing you with this information and ability to control these settings in accordance with our commitment to the Digital Advertising Alliance's Self Regulatory Principles. To learn more about the principles, please visit http://aboutads.info/consumers/.
Lose It! is a subsidiary of Ziff Davis, LLC, a member of the Digital Advertising Alliance (“DAA”) in the U.S., E.U. and Canada and uses third party assurance platforms to comply with the DAA principles. Lose It! strives to adhere to the self-regulatory organization principles for the DAA (US), the DAAC (Canada) and the EDAA (EU). Online ads on the Services using Online Data are delivered with the DAA Ad Marker Icon, which helps users understand how their data is being used and provides choices for users who want more control. This icon is also on each of our web pages and applications where Online Data is collected that will be used for OBA purposes.
The DAA Ad Marker Icon provides information (and links to other information) on online behavioral ads, who is collecting and using your Online Data, how you can opt-out and more. If you would prefer that we not collect Online Data that may be used to help determine which advertisements to serve you, opt out by clicking this icon, which can be found on most of our webpages and mobile applications.
When you use our website, we share information that we collect from you, such as your email (in hashed form), IP address, or information about your browser or operating system, with our identity partners/service providers. These partners return an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising, and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt-out of this use, please click here (https://youradchoices.com/token).
Our Websites may contain links to other websites. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use. We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them.
We rely on the following legal grounds to process your personal information:
For users within the United States, we process data in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.
Where we transfer User Information from the European Economic Area (“EEA”) to a recipient outside the EEA that is not in an adequate jurisdiction (as defined by the EU), we do so on the basis of standard contractual clauses. Where we transfer User Information from the United Kingdom to a recipient that does not have an adequacy decision in place, we may do so on the basis of the previous UK SCCs (until March 21, 2024), the IDTA, or the current EU SCCs by adding the new UK Addendum.The EU has declared the UK to be an adequate jurisdiction.
If you are a European individual with a privacy related complaint, concern or question about Lose It!’s privacy practices, please contact us through our Privacy Portal.
Lose It!’s privacy practices described in this Privacy Policy comply with the Asia-Pacific Economic Cooperation (“APEC”) Cross Border Privacy Rules System. To learn more about this program, please click here.
We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information.
It is our policy to retain personal information for 6 months once such personal information is no longer necessary to deliver the Website and Apps and to delete such personal information thereafter. This means that, if you close your account with us, we will delete personal information associated with your account after 6 months. Regarding other types of information we collect as described in this policy, it is our policy to retain such personal information for 6 months and to delete such personal information thereafter.
The California Consumer Privacy Act (“CCPA) provides certain rights for California consumers. If you are a consumer residing in California, the following additional terms apply to you.
In accordance with the California Online Privacy Protection Act, we may collect Personal Information about your online activities when you use the Services. While we give our users many avenues to opt out of providing Personal Information, we do not respond to Web browsers’ “do not track” signals. California’s “Shine the Light” law, Civil Code Section 1798.83, permits our users who are California residents to periodically request and obtain certain information about any Personal Information disclosed to third parties for direct marketing purposes. If you are a California resident and wish to make such a request or if you wish for us to refrain from gathering your Personal Information, please submit your request in writing to the contact details set out below.
We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact Lose It!, by email to [email protected] or by mail to the following address:
Everyday HealthIf you are an EU resident, you may contact our Data Protection Officer at [email protected].
Last Updated: 01/13/2023