| PRIVACY
POLICY
H & M Fitness Enterprises LLC (hereinafter,
“H&M,” “us,” or “we”) provides
a variety of online services and products (branded as Trainer To
Go™), which may include subscription, newsletter, and update
services and message boards, chat rooms, and other public forums
(“Services”), to subscribers and users via email, at www.trainertogo.com
and on other websites throughout the World Wide Web (the “Sites”).
The purpose of this H&M privacy policy (the
“Policy”) is to help you understand the kinds of information
we may gather about you when you visit the Sites or use any of our
Services, how we may use that information, in which manner we will
disclose it, and how you can correct or update the information.
PLEASE NOTE THAT BY USING THE SERVICES OR VISITING THE SITES, YOU
SIGNIFY YOUR AGREEMENT WITH THIS POLICY. IF YOU DO NOT AGREE TO
THE TERMS OF THIS POLICY, YOU MAY NOT USE THE SERVICES AND PLEASE
REFRAIN FROM VISITING THE SITES.
Please note that the Policy applies only to H&M's
Services and Sites, but not to other websites to which we may link,
or to advertisers on the Sites. Additionally, your use of the Services
or the Sites is governed by H&M's Terms and Conditions of Use,
as well as by any other published rules pertaining to either a particular
Site or Service.
The Information We Gather
H&M collects information from you at several different points
on the Sites or through use of the Services in various ways. For
example, H&M continually reviews its visitors' demographics,
interests, and pages viewed, and H&M may require its subscribers
and users to provide certain personal information if they wish to
participate in various programs and activities on the Sites. H&M
is committed to respecting the privacy of the subscribers and users
of the Sites and to provide a safe, secure user experience. However,
H&M cannot ensure that all of your personally identifiable information
and communications will remain private and will never be disclosed
in ways not otherwise described in this Policy. Therefore, although
we maintain and make every effort to comply with industry privacy
standards, we do not promise, nor should you expect, that your personally
identifiable information or private communications will always remain
private in all circumstances.
Message Board and Chats
Among the many Services which H&M offers subscribers on the
Sites, we may provide message boards and chat rooms. Please be aware
that any visitor may read your postings on a message board or in
a chat room. Furthermore, any information that you may post to a
message board or in a chat room, including your profile information,
will be disclosed and available to all users of that message board
or chat room, and will therefore no longer be private. H&M cannot
guarantee the security of such information that you disclose or
communicate online in public areas such as message boards and chat
rooms, and you do so at your own risk. H&M reserves the right
to republish your postings from message boards or chat rooms elsewhere
on the Web in any format.
How We Use the Information That We Gather
H&M may place Internet cookies on your hard drive. Internet
cookies are small files that may be placed on your hard disk for
record-keeping purposes. Cookies are used to (a) remind us of who
you are in order to deliver you better service; (b) estimate our
audience size by determining repeat usage of the Web site to help
target advertisements based on user interests and behavior; (c)
track your progress and entries in promotions, sweepstakes and contests,
if any; and (d) measure certain traffic patterns for use as a research
tool to understand how our users' habits are similar or different
from one another. You can set your browser to notify you when you
receive a cookie, giving you the chance to decide whether or not
to accept it. By not accepting cookies, some Web pages may not display
properly or you may not be permitted to access certain information.
H&M may also collect IP addresses (the
Internet address of a computer) to track a user's session while
the user remains anonymous. We analyze this data for certain trends
in statistics, such as which parts of our site users are visiting
and how long they spend there. In general, we do not link your IP
addresses to anything personally identifiable to you.
As a matter of policy and unless otherwise stated
herein, H&M does not rent, sell, or share your personally identifiable
information with other people or non-affiliated companies. However,
H&M reserves the right to use your personally identifiable information
to notify you of certain products or Services about which you previously
inquired or requested, special promotional offers, and to investigate
violations of the terms and provisions of this Policy or the Terms
of Use Agreement. In addition, H&M aggregates (gathers and organizes
data across all subscriber and user accounts) personally identifiable
information from among its subscriber and user base and discloses
only that portion of the information which is non-personally identifiable
to advertisers and other third parties for marketing, promotional
and other commercial purposes. For example, your name, email address,
phone number, password, credit card number, and bank account number
will never be disclosed without your express prior written consent.
Security
H&M places a priority on the security of personally identifiable
information, and we undertake reasonable security measures to protect
the data that resides on our servers. H&M also uses secure server
software (SSL) to process all transactions which occur on the Sites.
SSL encrypts all of your personal information transmitted over the
Internet, including your credit card number, name, and address.
However, no security system is impenetrable. H&M cannot warrant
or guarantee the security of its servers, nor can it guarantee that
information supplied by subscribers or other users will not be intercepted
while being transmitted to H&M over the Internet.
Disclosure of Personal Information in the
Event of Merger or Sale of Assets
H&M, its parent, subsidiaries, or affiliates, could merge with
or be acquired by another business entity, or all or substantially
all of their respective assets could be acquired. Should such a
combination, acquisition, or transaction occur, you should expect
that H&M will share some or all of your personally identifiable
information with the acquiring or merged entity in order to continue
serving you and others information, updates, and offers concerning
the Sites or Services.
Co-branded and Other Affiliated Sites
Certain information or Services offered or
provided through the Sites may, from time to time, be provided on
or through other websites operated by or in conjunction with third
party providers (“Partners”). These websites and the features
thereon may have the same "look and feel" as H&M's
Sites or Services. H&M terms these websites “co-branded
sites,” and often times a Partner's logo or name may appear
on the website, or the Partner's name may appear in the URL. Although
H&M will continue to own any personally identifiable information
collected about you from one of these co-branded sites, such information
may be shared by H&M with that Partner.
Third Party Links
H&M does not monitor, control, or endorse the information collection
or privacy practices of any third parties including, without limitation,
any co-branded, Partner, or affiliated sites which may or may not
be owned or operated by or in conjunction with H&M or other
third parties who may provide services throughout the Sites. Please
be aware that the Sites may contain links to other websites on the
Internet and the Services may be provided by such third parties.
H&M assumes no liability or responsibility for the information
collection and privacy practices of any such third party. Please
consult each website's privacy policy. In addition, H&M is not
responsible for the content or data collection practices of any
third party websites, including a third party's use of cookies or
other data-collection applications.
Correction/Updating Personal Information
If your personally identifiable information changes (such as your
address, zip code), or if you no longer desire to use or access
one of the Sites or Services, H&M encourages you to correct,
update, or remove the personal information that you provided. This
can be done at the privacy page on each of the Sites. Keep in mind,
however, that even if you delete your account from H&M's records,
there will be residual information that will remain within H&M's
databases, access logs, and other records, which may or may not
contain personally identifiable information.
How To Contact Us
Please relay any questions you may have pertaining to our above
stated policies to our Customer Service Department at info@trainertogo.com
or you can call us at 1.719.597.6365.
Privacy Policy Changes
This Policy was last changed on July 15, 2005. If H&M makes
changes to any of the terms or conditions of this Policy, the changes
will be posted in this document so that you will always know what
information we gather, how we might use that information and to
whom we will disclose it. We reserve the right to change, modify,
add, or remove portions of this Policy at any time, and any changes
will become effective immediately upon being posted unless H&M
advises you otherwise. Your continued use of the Services or the
Sites after this Policy has been amended will be deemed to be your
continued acceptance of the terms and conditions of this Policy
and the Terms and Conditions of Use, as amended.
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