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`hittes:Www.fithitLcom/usilegal/privacy-policy
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`ane% Fitbit prooucts—stecuotosy MOTIVATION 2y
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`Now!We recently revised this policy to include disclosures mandated by Calfonnia’s new privacy law Please review the
`summary of changes oni updated pokey elon, You can fied the earlier policy in cur BNCVe
`Elective: December 18, 2019
`
`We believe that transparencyis the key to any healthy relationship. At Fitbit, we're all about healthy. We
`appreciate that you are trusting us with information thatis important to you, and we want to be transparent about
`how we use It,
`
`Here we describe the privacy practices for our devices, applications, software, websites, APis, products, and
`services (the “Services’). You will leann about the data we collect, how we use it, the controls we give you over
`your information, and the measures we take to keep it safe.
`
`Specifically, we'll cover:
`
`© Information We Collect
`* How We Use Information
`
`« How Information Is Shared
`
`* Your Rights To Access and Control Your Personal Data
`« Data Retention
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`* Analytics and Advertising Services Provided by Others
`«© Our Policies for Children
`
`* Information Security
`« Our International Operations and Data Transfers
`
`* European Privacy Disclosures
`« California Privacy Disclosures
`« Changes to This Policy
`" Who We Are and How To Contact Us
`
`INFORMATION WE COLLECT
`
`When you use our Services, we collect the follawing types of information.
`
`INFORMATION YOU PROVIDE US.
`
`ACCOUNT INFORMATION
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`Some information is required to create an account on our Services, such as your name, email adedress,
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`date of birth, gender, height, weight, and in some cases your mobile telephone num
`one eeinformation you have to provide to create an account with us. You may also choose to provide other
`
`types of information, such as a profile phote, biography, country information, and cammunity wsernane.
`
`ADDITIONAL INFORMATION
`
`To help improve your experience of enable certain features of the Services, you may choose to provide us
`with additional information, like your logs for food, weight, sleep, water, or female health tracking; an alarm;
`and messages on discussion boards or to your friends on the Services.
`
`‘You may also connect with friends on the Services or invite friends who have not yet joined by providing
`thelr email addresses, accessing social networking accounts, or using the contactlist an your mabile device.
`We do not store your contact list and delete it after it is used for adding contacts as friends.
`
`you contact us or participate In a survey, cantest, or promotion, we collect the information you submit such
`as your name, contact information, and message.
`
`PAYMENT AND CARD INFORMATION
`
`Some Fithit devices suppart payments and transactions with third parties. If you activate this feature, you
`must provide certain information for identification and verification, such as your name, credit, debit or other
`card number, card expiration date, and CVV code. This information is encrypted and sent to your card
`network, which upon approval sends back to your device a token, which is a set of random digits for
`engaging In transactions without exposing your card number. For your convenience, we store the last four
`digits of your card number and your card issuer's name and contact information. You can remove the token
`from your account using your account settings. We do mot store your Transaction history.
`
`If you purchase Fitbit merchandise on our website, you provide your payment information, including your
`name, credit or debit card number, card expiration date, OVW code, and billing address. We do mot store this
`payment information, We stare your shipping address to fulfill your order. Note that third-party payment
`precessars may retain this information in accordance with their own privacy policies and terms.
`
`LIVE COACHING SERVICES
`
`Ourlive coaching services are a platform for you to communicate with a live health, fitness, or wellness
`coach ("Live Coaching Services”). Coaches may be provided by third parties, such as your employer or
`insurance company, or by our third-party coaching service providers. If you use our Live Coaching Services,
`we oollect information about such use, including the plan, goals, and actions you record with your coach,
`your calendar events, communications with your coach, notes your coach records about you, and other
`information submitted by you or your coach.
`
`INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES
`
`DEVICE INFORMATION
`
`Your device collects data to estimate a variety of metrics like the number of steps you take, your distance
`taveled, calories burned, weight, heart rate, sleep stages, active minutes, and location. The data collected
`varies depending on which device you use. Leann more about the features of our various devices and haw
`you can use MobileTrack. When your device syncs with our applications or software, data recorded on your
`device is transferred from your device to our servers.
`
`GEOLOCATION INFORMATION
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`he Services include features that use precise geolocation data, including GPS sig
`access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can
`always remove our access using your Fitbit device or mobile device settings. We may also derive your
`approximate location from your IP address.
`
`USAGE INFORMATION
`
`When you access or use our Services, we receive certain usage or network activity information. This
`includes information about your interaction with the Services, for example, when you view or search content,
`install applications or software, create or lag into your account, pair your device ta your account, or open or
`Interact with an application on your Fithit device,
`
`We also collect data about the devices and computers you use to access the Services, including IP
`addresses, browser type, language, operating system, Fitbit ar mobile device information fincluding device
`and application identifiers), the referring web page, pagesvisited, location (depending on the permissions
`you have granted us}, and cookie information.
`
`INFORMATION WE RECEIVE FROM THIRD PARTIES
`
`you choose te connect your account on our Services to your account on another service, we may recelve
`information from the other service. For example, if you connect to Facebook or Google, we may receive
`infarmation like your namé, profile picture, age range, language, email address, and friend list. You may alsa
`chaase to grant us access to your exercise or activity data fram another service. You can stop sharing the
`information fram the other service with us by remeaving our access to that other service.
`
`We may partner with third parties, such as employers and insurance companies that offer Fitbit Services to
`their employees and customers. In such cases, those companies may provide us with your name, email
`address, or similar information (like a telephone number or subscriber |D) so that we can invite you to
`Participate of determine youreligibility for particular benefits, such as discounts or free services.
`
`HOW WE USE INFORMATION
`
`We use the Information we collect for the following purposes.
`
`PROVIDE AND MAINTAIN THE SERVICES
`
`Using the information we collect, we are able to deliver the Services to you and honor our Terns of Service
`contract with you. For example, we need to use your information to provide you with your Fitbit dashboard
`tracking your exercise, activity, and other trends; to enable the community features of the Services; and ta
`give you customer support.
`
`For the Services’ community features, we may use your information to help you find and connect with other
`users and to allow other users to find and connect with you. For example, your account contact information
`allows other users to add you as a frend. When another user has your email or mobile phone numberin
`their contact list of in their friend network on a connected service. we show that user that you are a user of
`the Services.
`
`Ifyou use the Live Coaching Sernices, we use your information to connect you with coaches,allow you to
`communicate with them through our Services, and help you achieve your goals to lead a healthier, more
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`CeeiTEeeeOe.eHMeth Bapontedeteee OOSEeondAIP.I.OA?
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`consultation with your coach.
`
`IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES
`We use the information we collect to improve and personalize the Services and to develop new ones. For
`example, we use the information to troubleshoot and protect against errors; performdata analysis and
`testing: conduct research and surveys: and develop new features and Services.
`
`When you allow us to collect precise location information, we use that information to provide and improve
`features of the Services such as recording where a workout took place of mapping an activity.
`
`We also use your information to make inferences and show you more relevant content. Here are some
`examples:
`
`* Information like your height. weight, gender, and age allows us to improve the accuracy of your dally
`exercise and activity statistics like the number of calories you burned and the distance you traveled.
`+ Based on your sleep data, we may make inferences about your sleeping pattems and provide you with
`customized insights to help you improve your sleep.
`«* We may personalize exercise and acthvity qoals for you based on the goals you previously set and your
`historical exercise or activity data.
`
`COMMUNICATE WITH YOU
`
`We use your information when needed to send you Service notifications and respond to you when you
`contact us. We also use your information to promote new features or products that we think you would be
`interested in. You can control marketing communications and most Service notifications by using your
`notification preferences in account settings of via the “Unsubscribe” link in an email.
`
`PROMOTE SAFETY AND SECURITY
`
`We use the information we collect to promote the safety and security of the Services, our users, and other
`parties. For example, we may use the infonmation to authenticate users, facilitate secure payments, protect
`against fraud and abuse, respand to a legal request or claim, conduct audits, and enforce our tenms and
`policies.
`
`our CookieUsestatement.
`
`We use cookies and similar technologies for the purposes described above. For more infonmation, please read
`
`HOW INFORMATION IS SHARED
`
`We never sell the personal information of our users. We do not share your personal information except in the
`limited circumstances described below.
`
`WHEN YOU AGREE OR DIRECT US TO SHARE
`
`You may direct us to disclose your information to others, such as when you use our community features like
`the forums, 7-day leaderboard, and other social tools. For certain information, we provide you with privacy
`Preferences in account settings and other tools to contral how your information is visible to other users of the
`Services. Just remember that if you choose to participate in a challenge, information like your profile phote.
`pasted messages, total steps in the challenge, personal statistics, and achievements, is not governed by
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`YOUr privacypreferences and will be vemPe me
`hallenge participants.
`
`You may also direct us to share your information in other ways, for example, when you give a third-party
`application access to your account, or give your employer access to information when you choose to
`Participate in an employee wellness program. Remember that their use of yourinformation will be governed
`by their privacy policies and terms. You can revoke your consent to share with third-party applications or
`employee wellness programs using your account settings.
`
`FOR EXTERNAL PROCESSING
`
`We transfer information to our comporate affillates, service proviclers, and other partners who processit for
`us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality
`and security measures. These partners provide us with services glabally, including for customer suppart,
`information technology, payments, sales, marketing, data analysis, research, and surveys.
`
`FOR LEGAL REASONS TO PREVENT HARM
`
`We may preserve or disclase Information about you to comply with a law, regulation, legal pracess,or
`governmental request, to assert legal rights or defend against legal claims; or to prevent, detect, or
`investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or
`the physical safety of any person,
`
`Please note: Our policy is to notify you of legal process seeking access to your information, such as
`search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. in cases
`where a court order specifies a non-disclosure periad, we provide delayed notice after the expiration af
`the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive
`circumstances, for example, when there is an emergency involving a danger of death or serious physical
`injury te a person.
`
`We may share non-personal information that is aggregated or
`de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information
`publicly and te third parties, for example, in public reports about exercise and activity, to partners under
`agreement with us, or as part of the community benchmarking information we provide to users of our
`subscription services.
`
`we are involved ina merger, acquisition, or sale of assets, we will continue to take measures to protect the
`confidentiality of personal information and give affected users notice before transferring any personal
`information to a new entity.
`
`YOUR RIGHTS TO ACCESS AND CONTROL YOUR
`
`PERSONAL DATA
`
`We give you account settings and tools to access and contral your personal data, as described below, regardless
`of where you live. If you live in certain jurisdictions, you may have legal rights with respect to your information,
`which your account settings and toals allow you to exercise, as outlined below.
`
`Accessing and Exporting Bata. By logging into your account you can access much of your personal information,
`including your dashboard with your dally exercise and activity statistics, Using your account settings, you can also
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`download information in a commonly used file fonmat, including data about your activities, body,
`sleep. Learn more here.
`
`Editing and Deleting Data. By logging Into your account and using your account settings, you can change and
`delete your personal information. For instance, you can edit or delete the profile data you provide and delete
`your accountif you wish. Leam more here.
`
`I you choose to delete your account, please note that while most of your information will be deleted within
`30 days, it may take upto 90 days to delete all of your information, like the data recorded by your Fitbit
`device and other data stored in our backup systems. This is due to the size and complexity of the systems
`We USe tO Slore data, We may also preserve data for legal reasons or to prevent harm, including as
`described in the How Information Is Shared section,
`
`Objecting to Data Use. We give you account settings and foals ta contral our data use. For example, through your
`privacy settings, you can limit how your information |s visible to other users of the Services; using yournotification
`settings, you can limit the notifications you receive from us; and under your application settings, you can revoke
`the access of third-party applications that you previously connected to your Fitbit account. You can also use the
`Fitbit application ta unpair your device from your account at any time.
`
`DATA RETENTION
`
`We keep your account information, like your name, email address, and password, for as long as your account is
`in existence because we need it to operate your account, In some cases, when you give us information for a
`feature of the Services, we delete the data after it is no longer needed for the feature. For instance, when you
`provide your contactlist for finding friends on the Services, we delete the list after it is used for adding contacts
`as friends. We keep other information,like your exercise or activity data, until you use your account settings or
`toals to delete the data or your account because we use this data to provide you with your personal statistics and
`other aspects of the Services. We also keep information about you and your use of the Services for as long as
`necessary for our legitimate business interests, for legal reasons, and to prevent hanm, Including as described In
`the How We Use Information and How information Is Shared sections.
`
`ANALYTICS AND ADVERTISING SERVICES PROVIDED BY
`
`OTHERS
`
`We work with partners who provide us with analytics and advertising services. This includes helping us
`understand how users interact with the Services, serving advertisements on our behalf across the internet, and
`measuring the performance of those advertisements, These companies may use cookies and similar
`technologies to collect information about your interactions with the Services and other websites and applications.
`To learn more and about your privacy cheices, please read our Cookie Use statement,
`
`OUR POLICIES FOR CHILDREN
`
`We appreciate the Importance of taking additional measures to protect children's privacy.
`
`Fitbit allows parents to set up accounts for their children to use with select Fitbit devices (Children’s Account’),
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`COOUNES ane Subject to a separate Privacy Pol
`ikdren’s Accounts wiht
`information we collectta set up these accounts, what —— we oMlectfrom a child's use ofour Services,
`
`and how we use and share that information. Parents or quardians must consent to the use of their child's data in
`accordance with the Privacy Policy for Children's Accounts in order to create such an account
`
`Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not
`permitted to create accounts unless their parent has consented in accordance with applicable law.we learn
`that we have collected the personal information of a child under the relevant minimum age without parental
`consent, we will take steps to delete the information as socn as possible. Parents who believe that their child has
`submitted personal information to us and would like ta have It deleted may cantact us at privacpéfitbit.com,
`
`INFORMATION SECURITY
`
`We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to
`maintain the security of your data, This includes using Transport Layer Security TLS") to encrypt many of our
`Services. No method of transmitting or storing data Is completely secure, however. If you have a security-related
`concen, please contact Custemer Support.
`
`OUR INTERNATIONAL OPERATIONS AND DATA
`
`TRANSFERS
`
`We operate intemationally and transfer infonmation to the United States and other countries for the purposes
`described in this policy.
`
`We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent,
`the EU-US and Swiss-US Privacy Shield, and EU Commission approved model contractual clauses, which require
`certain privacy and security protections. You may obtain copies of the model contractual clauses by contacting us.
`Fitbit, Inc. complies with the Privacy Shield principles regarding the collection, use, sharing and retention of
`personal information as described in our Privacy Shield certifications. Learn more about Privacy Shield here.
`
`Fitbit, Inc. is subject to the oversight of the US Federal Trade Commission and remains responsible for personal
`information that we transfer to others who process it on our behall as described in the How Information Is Shared
`section.lf you have a complaint about our Privacy Shield compliance, please contact us. You can also refer a
`complaint to our chosen independent dispute resolution body JAMS. and in certain circumstances, Invoke the
`Privacy Shield arbitration process.
`
`Please mote that the countries where we operate may have privacy and data protection laws that differ from, and
`are potentially less protective than, the laws of your country. You agree to this risk when you create a Fitbit
`account and click “l agree” to data transfers, imespective of which country you live in. For a list of the locations
`where we have offices, please see our company information here. If you later wish to withdraw your consent, you
`can delete your Fitbit account as described in the Your Rights To Access and Control Your Personal Data section.
`
`EUROPEAN PRIVACY DISCLOSURES
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`you live in the
`conoamic Area
`United Ki
`wilzerland, please review
`additional privacy disclosures under the European Union's General Data Protection Regulation (GDPR’).
`
`YOUR DATA CONTROLLER
`
`Fithit International Limited, an Irish company. is your data controller and provides the Servicesif you live in the
`EEA, UK, or Switzerland. For our contact information, please see the Who We Are and How To Contact Us section.
`
`HEALTH 4ND OTHER SPECIAL CATEGORIES OF PERSONAL DATA
`
`To the extent that information we collect is health data or another special cateqary of personal data subject to
`the GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take
`actions leading te our obtaining the data, for example, when you palr your device to your account, grant us
`access to your exercise of activity data from another service, or use the female health tacking feature. You cam
`Use Your account settings and tools to withdraw your consent at any time, Including by stopping use of a feature,
`removing our access to a third-party service, unpairing your device, or deleting your data or your account.
`
`OUR LEGAL BASES FOR PROCESSING PERSONAL DATA
`
`For personal data subject to the GDPR, we rely on several legal bases to process the data, including:
`
`* When you have given your consent, which you may withdraw at any time using your aceaunt settings and other
`tools;
`
`* When the processing is necessary to perform 4 contract with you,like the Terms of Service: and
`+ Our legitimate business interests, such a6 in improving, personalizing, and developing the Services, marketing
`new features or products that may be of interest. and promoting safety and security a5 described In the How
`We Use Information section.
`
`HOW TO EXERCISE YOUR LEGAL RIGHTS
`
`Please review the Your Rights To Access and Control! Your Personal Data section for how your account settings and
`tools allow you to exercise your rights under the GDPR to access and control your personal data.
`
`In addition te the various cantrals that we offer, in certain cireumstances, you can seek to restrict our processing
`of your data, or object to our processing of your data based on our legitimate interests, Including a5 described in
`the How We Use information section. Under the GOPR, you have a general right to object to the use of your
`information for direct marketing purposes, Please see your notification settings to control our marketing
`communications to you about Fitbit products. Our Cookie Use statement describes your options for controlling
`
`how we and our partners use cookies and similar technologies for advertising. Please note that you can always
`delete your account at any time.
`
`If you need further assistance regarding your rights, please contact our Data Protection Officer at data-protection-
`officedifitbit.com, and we will consider your request in accordance with applicable laws. You alsa have a right to
`lodge a complaint with your local data protectlan authority or with the Irish Data Protection Commission, our lead
`supervisory authority, whose contact information is available here.
`
`CALIFORNIA PRIVACY DISCLOSURES
`
`IF you are a California resident, please review the following additional privacy disclosures under the Califormia
`Consumer Privacy Act PCOCPA",
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`HOW TO EXERCISE YOUR LEGAL RIGHTS
`
`You have the right to understand how we collect, use, and disclase your persanal information, te access your
`information, to request that we delete certain infarmation, and to not be discriminated against for exercising your
`privacy rights. You may exercise these rights using your account settings and tools as described in the Your Rights
`
`To Access and Control Your Personal Data section, for example:
`
`* By logging inte your account and using your account settings, you may exercise your right to access your
`personal information and to understand how we collect, use, and disclose it. Learn more here.
`
`+ Your account settings also let you exercise your right to delete personal information. Learn more here.
`
`I you need further assistance regarding your rights, please contact our Data Protection Officer at data-protection-
`officedfithiLcem, and we will consider your request in accordance with applicable laws.
`
`CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES
`
`As described in the Information We Collect section, we collect the categories of personal informationlisted below.
`We receive this information from you, your device, your use of the Services, your coach if you use our Live
`Coaching Services, third parties (like the other services you have commected to your Fitbit account, or your
`employer or insurance company if they offer you Fitbit Services as an employee or customer), and as otherwise
`described in this policy. We use and disclose these categories of information for the business purposes.
`described in the How We Use Information ard How Information Is Shared sections, respectively. The categories are:
`
`+ Idemtifiers, like your name or username, email address, mailing address, phone number, IP address, account
`ID, device ID, cookle ID, and other similar identifiers.
`
`* Demographic information, such as your gender, age, health information, and physical characteristics or
`description, which may be protected by law.
`* Commercial information, including your payment information and records of the Services or devices you
`purchased, obtained, or considered (for example, If you added them to your shapping cart on the Fitbit online
`store but did not purchase them).
`+ Biometric information, such a5 your exercise, activity, sleep, or health data, including the number of steps you
`take, distance traveled, calories burned, weight, heart rate, sleep stages, active minutes, female health data,
`Live Coaching Services data, and any similar information to which you grant us access fram another service.
`+ |nternet or other electronic network activity information, such as the usage cata we receive when you
`access or use our Services. This incluctes information about your interactions with the Services and about the
`devices and computers you use to access the Services.
`+ Geolocation dats, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs, if you have
`granted us access to that information.
`+ Electronic, visual, or similar information, such as your profile photo or other photos.
`+ Professional or employment related information, including any information (like your name, email address, or
`similar information) that your employer provides to us so thal we can invite you lo participate in or determine
`your eligibility for Fitbit Services that they offer to their employees.
`* Other information that you provide, including account information such as your blagraphy or country;
`infonmation for features of the Services, for example, an alanm, infonmation about your friends, and bogs for
`food, weight, sleep, water, or female health tracking; Live Coaching Services data (provided by you or your
`Coach); messages on the Services: and information recorded by your device which may vary depending on the
`device you use.
`* inferences drawn from any of the above, including the number of calories you burned, distance you traveled,
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`cep
`act
`goals.
`insights, and personalized exercise an
`iwity
`
`We never sell the personal information of our users. We do work with partners who provide us with advertising
`services as described in the Analytics and Advertising Services Provided By Others section. To learn more about
`how these partners collect data and your aptions for controlling the use of your information for interest-based
`advertising, please read our Cookie Use statement
`
`CHANGES TO THIS POLICY
`
`We will notify you before we make material changes to this policy and give you an opportunity to review the
`revised policy before deciding lf you would like to continue to use the Services. You can review previous
`versions of the policy in our archive.
`
`WHO WE ARE AND HOW TO CONTACT US
`
`I you have questions about this policy, or need help exercising your privacy rights, please contact our Data
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