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`TECHNOLOGY
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`MOTIVATION
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`Fitbit Privacy Pledge
`‘Our goal is to help people live healthier, more active lives. Our products and serdoes provide instant
`access to health and fiimess data so you can track your progress, push your goals and take control of
`your health. As we build These took, we are committed to lhe principles of respecting your privacy,
`keeping your data safe, and letting you decide how your infonmation is used and shared. This Is our
`Privacy pledge:
`
`» We will only collect data that is useful te improving Fitbit products, serices and your experience.
`» We will be transparent about our data practices and will explain them In clear language.
`* We will never sell your data, and will only share personally identifiabhe date when you direct us to (or
`under the clrcumstances Guilined in our Privacy Policy)
`» We will always take the security of your data seriously.
`
`Ta leam more about the data we collect, how that data is used, and the ways it can be shared both by us
`and by you, please read our Privacy Policy below. Or, if you have any questions, contact us.
`
`Fitbit Privacy Policy
`Fitba designs products and tools that track everyday health and fitness to empower and inspire users ta
`lead healthier, more active lives. This privacy policy applies to our personal fimess and electronic body
`monitoring products (Devices"), our websites located at wanauiitbitcom, cores fiieween. dewtiter com,
`communayAibe. com, aed help febincom findwicually« “ne” end coflectvely “hres1 the Pabir Connecn softwere ohare] and Feb mobile
`appicenons tor Phone 05 aed Andros OS(each an “Apo” aed nogether the “Zope). The Devices. aes. Sofare and Aops ane oolectively refered
`Soin this eriwtey Polley a6 the Fitba Serene”.
`
`Because we're always looking for new and innevative ways to help you achieve your fimess goals, this
`policy may change over time. Ifany modifications substantially change your rights under this policy, we
`will send you an email where possible, and always provide notice on the Site.
`
`And remember, we're bere to help. ff something in this policy does not make sense or if you have any
`questions, please contact us.
`
`What Data Does Fitbit Collect?
`
`When You Activate a Fitbit device
`
`When actvating a Fitbit device, you will be asked to download the Fitbit App or install Software and
`enter information about yoursell, such as height, weight and gender. We use this information to
`determine your personalized fitness stats— for example, calories burned and distance traveled.
`Depending upon the specific Device you use, it can collect the number of steps you take, your weight,
`measure your sleep quality and transmit this data to FItbit, Te see tee full ist of cata that your Device
`collects, visit Gur Product Specifications page
`
`When You Create a Fitbit Account
`
`If you want to access data collected by your Device from the Fiibit App, you must create a Fitbit account.
`When you create a Fitbit account, we ask for some personalinformation, including your email address
`and date of birth. You will also have the option to create your Fitbit account using a different credential
`like your Facebook or Geagle+ account. I you choose to do so, we will ask permission to access basic
`information fram that account, like your name, profile picture, and frend list. You can stop sharing that
`information with us at any time by removing Fitbit's access to that account. We will access your phone's
`contact list for thr purpose of letting you identify contacts who are Fitbit users. We do not store your
`phone's contact list, and it is deleted immediately after it is used for this purpose.
`
`When You Add Information to Your Account
`
`You can customize your Fitbit experience by adding other types of information to your account such as
`by adding a teod log or by setting an alarm, personalizing your profile with photos, participating in
`discussion boards, or sending messages to your Fitbit friends. Whenever you add this type of data, we
`collect it and store it with your other account information.
`
`When You Visit a Site
`
`Fitba collects some data from everyone who visits our website— even If you don't have a Fitbit account.
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`such a6 Your browser type, operating system, the URL of the page that referred you, the different actions
`you performed, and the IP address from the pagers you visited, We use this type of information to provide
`you with infomation that's relevant to your location and to make sure the Site is working properly. We
`alo collect data from cookies. To see the full list cookies we use and how we use lhem, please read
`Our Cookie Policy
`
`When You Sync Your Device
`When you sync your device, data about your activity is transferred from your device to our servers, This
`data is stored and used to provide the Fitbit Service. Each time a syne occurs, we also log data about the
`Tansmission. Some examples of the bog data are the syrie time and date, deviee battery evel, amd the IP
`address used when syncing.
`
`When You Make Purchases From Our Store
`
`Ifyou are legged inte your Fithit account when you purchase something on our site, we associate that
`order with your account. We also store your shipping address so we can process your order through our
`fulfillment pariner. We do not, however, view or store your credit card information. This is handled by our
`lhind-pany payment processor, [you are met logged into your #ecound atthe time of purchase, we do
`not associate that data with your Fitbit account, however, we save the data so that we can provide
`customer service related to the purchase.
`
`When You Contact Us For Help
`Whenever you contact Fitbit for help, we collect your name and email address along with any additional
`infarmation you provide in your request and store iton our servers in order to provide you with customer
`service and to improve the Fitbit Servier, WT you contect us when you are already Ingged in to your
`account, the web form automatically pre-fills In certain information, so you don't have to type it manually.
`You can ako contact Fitbit through public forums such as Twitter or Facebook, however, we cannot
`maintain the privacy of your communication to ws if you contact us through these channels,
`
`When You Add Friends
`
`To help you stay mielivated on your fitmessjourney, Fitbit lets you add friends whe are already Fitbit
`users or invite friends who have not yetjoined. You can add friends in several ways, such as by
`providing their email addresses, by accessing social networking accounts such as Facebook, or fram the
`comic) liston your phone, Wien you share your friends’ contact information withus te add then as a
`friend, we will only use it for this purpose. We do mot store your phone's contact list, and itis deleted
`immediately after it is used for this purpose.
`
`When You Activate Location Features
`
`Location features such as mapping are only avallable if you acthvate them. When active, Fiibit collects
`data like GPS signals, device sensors, WiFi access points, and cell tower IDs to detenmine your specific
`location, We store this information along with your other account information in order to provide you with
`location features. If you are using a mapping feature, we will send your bocathon information to our
`Mapping sevice provider so they can display your locatien on a map. They are contractually prevented
`from sharing or using this data for any other purpose. You can deacttvate these features at any time and
`Fitbit will stop collecting this type of infonmation.
`
`Fithit uses your data to provide you with the best experience possible, to help you make the most of
`your fiiness, and te improve and protect Fitbit, Here are some examples:
`
`» Height, weight, gender and age Is used to estimate the number of calories you burn.
`+ Contact information is used to send you account notifications, allow other Fitbit users to add you as a
`friend, and to Inform you about new features or products we think you would be Interested lin.
`+ Your data is used for research to understand and improve Fithit products and services.
`» Legs and other data are used to troubleshoot Fitbit services; detect and protect against enor, fraud oF
`other criminal activity, and enforce the Fitbit Tens of Use.
`+ De-icentified data that does not identify you may be used to inform the health community about
`bends; for marketing and proamational use; o9 for sale te interested audiences. See Sharing of De-
`identified Data That Does Mot identify You to learn more.
`» We use your data to troubleshoot the Fiibit Service, enforce the Fitbit Terms of Use, and/or detect and
`protect against error, fraud or other criminal activity.
`
`What Data May be Shared With Third Parties?
`First and foremost: We don't sell any data that could identify you. We only share data about you whenit
`is mecessary to provick: our services, when the data is de-identifed and aggregated, or when you cirect
`us to share It.
`
`Data That Could Identify You
`Personally Identifiable Information (Pll) is data that includes a personal identifier like your name, email or
`address, of data that could reasonably be linked back to you. We will only share Pll data under the
`following circumstances:
`
`+ With companies that are comiractually engaged in providing us with services ike order fulfillment,
`email management and credit card processing. These companies are obligated by contract to
`safeguard ary Pll they receive fram us.
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`doing so is reasonably necessary to comply
`Fosulation2 onot‘onlprocess.ovenwe are going to releaseyourSeta wewilldoourShento‘one
`you with notice in advance by email, unless we are prohibited by a court order from daing so or where
`The request of legal process is directly related to a regulatory investigation. In the lather case, we will
`ensure user information we disclosed ts treated as confidential.
`>» Ihwe believe, after an investigation that is reasonable given the circumstances, that dein se is
`necessary to prevent imminent and serious bodily harm to a person, address fraud, maintain the
`security of the Fitbit Service and user data, protect our rights or property or the rights or property of a
`third party, or to enforce our Terms of Service.
`If it is mecessary In connection with the sale, merger, bankruptcy, sale of assets of reorganization of
`‘our company, your Pll can be sald or transfered as pant of That transaction 4s permitted by law, Tie
`promises in this Privacy Policy will apply to your data as transferred to the new entity.
`
`Data That Does Not Identify You (De- identified Data)
`Ait may share or sell aggregated, de-identified data that does not ickentify you with partners and the
`public In a varlety of ways, such as by providing research oF reports about health and fitness or in
`senices provided under our Premium membership. When we provide this information, we take legal and
`technical measures to ensure that the data does not identify you and cannot be associated back to you.
`
`Data that You Direct Us to Share
`
`You can direct us to share data with other parties. For example, you might authorize us to link your Fitbit
`account with a third-party app listed on https!fithitcom/apps: send status updates to your
`Facebook or Twitter account or direct us to share data with your employer as part of a wellness
`program. Once you direet us to share your data with a third party, that data is governed by the third-
`party's privacy policy. You can revoke your consent to share with the third party at any tine in your Fitbet
`ACCOUNT Settings, uricher “MyApplications,”
`
`Other Ways You Might Share Your Data
`
`Default Visibility Settings
`The privacy settings on new Fitbit accounts are set to reveal minimal data about you with the purpose of
`geting you active and involved with Fitbit Ta see what is visible to others use the “Profile viewed by”
`tool in your account Settings. You can adjust your privacy settings at wwwefitblt.com/user/profile(privacy.
`
`Fitbit Social Tools
`
`Fitba provides many ways for you to share data with other Fitbit users, such as with the 7-day
`Leaderboard, Challenges, or by posting commentste the Fitbit community message boards. When you
`interact wah others in these ways, you will be displaying your data based upon the visibility settings in
`your User Account privacy settings. Always check specific policies associated with any Challenge to
`understand what data will be visible to other panicipants.
`
`Community Posts
`To post to Fitbit community message boards, you'll be asked to create a community username that's
`separate from your Fitbit usenname. This community usemane will be posted next to any comments you
`publish an community message boards, Other information, like a profile photo that you've added to your
`FAitbat account may also be visible on message boards, depending on your Fitbit account settings.
`
`Contests and Giveaways
`Ait may offer opportunities to participate in contests, giveaways and other promotions, Any data you
`submit in conmmection with these activities will be treated in accordance with this Privacy Policy, unless
`the qules for these offers notes otherwise.
`
`Surveys
`Atha may also ask you to participate in surveys that help us understand your use of our products and
`senices. Any Pil you provide to Fitbit in these surveys will only be used in relation to that survey aind as
`stated in this Policy.
`
`How Long We Save Your Data
`We store your Pil fer as long as you remain a Fitbit customer.
`
`How To Edit or Modify Data
`Any data that you provide to Finbit through the Site can be modified from your dashboard or
`preferences. If you remove data from your User Account, it will ne longer appear to you or others wie
`use the Service, Backups ofthat data will remain in association with your User Account and in our
`archive servers.
`
`How To Deactivate Your Fitbit Account
`
`You can deactivate your Fitbit account by contacting Customer Support Woes you se, dete that can eeotlyyoueal be
`nemewedbom the Service including ban not limined in your ered, name, phonots) freencis lest ain lindo yg ines auch es Paceboo and Twines. ecko
`Copa of this dane wlll be reregsied thom our serve baned upor. an aenoeianed schedule, which means. it may ores in our aechiwe for 4 shor perhod
`Feber ay continue1 una your ce-edeeritied dana
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`Fitbit's Policies For Children
`
`Fitba is not directed at persons under the age of 13. We do not knowingly collect any Pil from children
`under 72. If you are aware of a user under the age of 12 using Fitbit, please contact us
`Al privacy@fitbit.com.
`
`Can | Opt-out Of Receiving Fitbit Emails?
`‘Of course! You can opt-out of receiving weekly summaries, achievement notifications and promotional
`emails by changing the notification preferences in your account settings or by unsubseribing via the
`“Unsubscribe” link in any Fitbit email. Opting-out ofthese emails will not end transmission of important
`senice-telated emails that are necessary to your account maintenance.
`
`How Does Fitbit Keep My Data Safe?
`Fitbat uses a combination of technical and administrative security controls to maintain the security of your
`data. If you have a security-related concen, please contact Customer Support.
`
`How Does Fitbit Handle Data From International
`
`Visitors?
`
`Fibat's Services are hosted and operated entirely in the United States and ane subject to United States
`law. Any personal infomation that you provide to Fitbit is being provided to Fithit solely in the United
`States and will be hosted on United States servers. You consent fo the transfer of your personal
`information to the United States. Ifyou are accessing the Fithit Services fram outside the United States,
`please be advised that United States law may not offer the same privacy prolections as the law of your
`jurisdiction.
`
`Fitba complies with the US, - BU Safe Harbor Framework and the LS.- Swiss Safe Harbor Framework as
`set forth by the US. Department of Commerce regarding the collection, use and retention of persanal
`information fram European Union merniber counties and Switterland. Fitbit has certified that it adheres
`to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security. data integrity, access,
`and enforcement. Ta lear more about the Safe Harbor program, and te view our certification page.
`please visit bith.MwwwesxporLgow safeharbor!, in compliance with the Safe Harbor Principles, Fitbit
`commits to resolve complaints about your privacy and our collection of use of your personal information.
`European Union and Swiss citizens with inquiries or complaints regarding this privacy policy should
`Tirst contact support.
`
`Fitba has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to
`an independent dizpute resolution mechanism, the BBE EU SAFE HARBOR, operated by the Council of
`Better Business Bureaus. Ifyou do not receive timely acknowledgment of your complaint, oF iF your
`complaint 5 mot satisfactorily addressed, please visit the BBB EU SAFE HARBOR website at
`‘enwbbborg/us'sale-harber-complaints for mare information and to file a complaint,
`
`COOKIE POLICY
`
`We are generally a healthy bunch, but some Fibit employees like to eat cookies. In addition, we use
`cookies and other technologies like pitel tags and web beacons, to make our site better, Qookles are
`text files that are sent by servers to web browsers and stored an your computer. They tell us which parts
`of our Site you've visited so we can figure out which promotions you may like to see or to alert you to
`sofware compatibility issues. If you delete cookies or black them from being stored. you may not get te
`Tull Filtsit experience,
`
`Web beacons and pixel tags are images embedded ina webpage of email for the purpose of measuring
`and analyzing usage and activity. Fitbit, or third party service providers acting on our behalf, may use
`web beacons and piel tags to help us analyze usage and improve our functionality.
`
`This Site uses third party service providers, listed below, to help us analyze certain online acthities and
`improve our services. For example, these providers help us measure the performance of our online
`Campaigns on anahyre visitor acthity on the Sie, We may alse permit these providers io use cookies and
`other technologies to perform these services for us. We send data to third party analytics providers so
`we can use thelr tools to understand how you and other Fitbit users use our services.
`
`We use advertising cookles to present you with opportunities to purchase Fitbit products on our website,
`and retargeting cookies. ta present you with Fitbit advertising on other websites based on your
`interaction on Fitbit's site.
`
`Social media tools, like widgets and plug-ins, are used so you can share information from Fitbit on other
`sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the
`pages you visit on Fitbit, and set cookies that will enable the widget ta function property. Tour
`interactions with these widgets are governed by the privacy policy of the company providing them, rot
`by Fithit's Privacy Policy. We also use the Facebook and Twitter pixel tags to help us understand how
`effective our marketing is on those sites.
`
`Does Fitbit Honor “Do Not Track” Signals
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`this type of data, which Is why we disclose the cookies used and provide links to opt-out of those
`collection practices below.
`
`We use the following cookles and data analytics platforms:
`
`Cookies:
`
`+ ApNexus: The ApMexus Cookies page provides information about their cookie and gives you the option
`to opt out-ofthis program.
`» Dataxie The Data%u Gata Collection for our Platform page explains their privacy practices and gives you
`The option te opt-out of this program.
`* DoubleClick and DoubleClick Floodlight: This cookie and web beacon is owned by Google. You can
`adjust Google's use of cookies by visiting Google's Ads Settings. You may permanently opt-out of the
`Google DoubleClick cookie.
`a
`+ Google Adwords Conversion: You can adjust the Googlé Ads Settings and opt-out of this prograrn.
`
`Data Analytics:
`
`+ Mixpanel We use Mixpanel as our primary analytics tool to understand how our customers use the
`Fitbit Services and Mixpanel People to contact you about the use of our product, for example, to
`contact you if you have trouble syncing your Device. You can read the MixPanel Privacy Policy and opt-
`‘out
`
`We use Google Analytics and Optimizely analiics cookies allow us to See how you wee cur Services
`so we can improve your experence. We encourage you to read ihe Google Privacy Paliey. IFyou prefer
`te not have data reported by Google Analytics, you can install the Googht Analytica Opt-out Browser
`Add-on. Likewise. you can read the ‘Optimizety Privacy Policy ardopecurt.
`
`THIS POLICYWAS LAST WIPDATED OM JAKARY 3 pot.
`
`Aitkealt (FitbIE” "we", "us," “our,") provides aniline and mobile services, including But mat limited to, the Fithit
`website (Fitbit.com” or the “Site") widgets. computer programs and mobile applications hosted by or on
`behalf of Fitbit (collectively, the “Service” intended to enhance your use of the personal fitness and body
`monitoring electronic products offered by Fitbit (the "Firbit Products"). Fitbit is committed to maintaining
`the privacy, integrity and security of any personalinformation about our users. This Privacy Policy
`(Policy) explains how we protect personal information we collect in connection with your use of the
`Sernice ") and how we use and in ome cases disclose that information, "Personal information" for
`Purposes of this Policy means information that identifies you, such as your name, address, phone
`number, fax number or email address.
`
`This Privacy Policy (this "Policy’) ls subject to the provisions our Terms of Use, which are incorporated by
`reference, To see the Tenms of Use click here
`
`What Personal Information We Collect
`
`Your Fithit Products work In conjunction with a user account on Fitbit.com (a “User Account"). You can
`also syne your data related te your Fitbit Preduet with various third party nutrition ane fitness programs.
`You can alter and conrect any personal information created within the Product and Service by logging
`inte your User Account.
`
`>
`
`» When you sign up fora Fithit User Account, you are required to provide an email address (which will
`be weed as your bogin ID) and to create an account password [collectively the "Registration
`Inkarriaticn”),
`If you elect te sign up for a Fitbit User Account using your Facebook credemials, you will be asked ta
`allow Fitbit to access the basic Information (including your name, profile picture, gender, networks,
`userID, list of friends and other public information) and certain profile information (such as your
`birthday) associated with your Facebook account
`> Irrerder to Benen fully from the Filb Products and Serice, you can also add additional personal
`details to your User Account, such as height, weight, gender, and ageIf you are using our mobile
`application, these details are required as part of your registration process.
`: Information sent wirelessly from your Fitbit Product to the Service Is stored in your Fithit User Account.
`+ Information that you add manually to the Service is stared im your Fitbit User Account,
`> When you elect to share data framyour Fitbit User Account with others, we cobect the information you
`provide about thase individuals such as their name and email address.
`» We collect industry standard log data about the browser and operating system you are using, the
`address of the extennal or internal page that referred you. your IP address at the time of account
`creation and keep a log of the pages that you visit on the Services im association with yourIP address,
`We also collect the IP address associated with the device running the Filbit motile app each line you
`Syme,
`» We collect location data provided by your mobile device. You must first enable bocation services when
`you download the Fitbat mobile application or an updated versian of the apm. You can then turn
`Jocation on and offwithin the app to activate optional features. You can opt-out of location services at
`duny time.
`
`How We Use Your Personal Information
`
`Fitbit wall not use your personal information for purposes other than those listed in this privacy policy
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`unless we Oban your consent first, Filbit uses your personal informatian ta
`» Provide you with the Sendce:
`: Analyze Site usage and improve the Service:
`» Deliver to you any administrative notices and communications relevant to your use of the Fitbit
`Prodects and Service:
`+ Provide you with updates regarding Filblt Products and Services;
`+ Perform intemal market research, project planning, rewbleshosting problems, and 1¢ detect anc
`protect against error, fraud ar other criminal activity;
`» Enforce the Fitbit Tenms of Use.
`
`Disclosure to Third Parties
`
`Al times Fiblt may make certain personal information available to strategic partners that work with Fitbit
`to provide services to you. For example, Wf you elect to syne your Fitbit Product data with a third party
`nwirition oF fitness application, we will share your personal information with that application. In such
`cases, your account with such third party will continue to be subject to that third party's privacy policy
`and your Fitbit User Account will continue to be governed by this Policy.
`
`Fitba may also share your personal information with companies who provide services such as
`infermalion processing, order fulfillment, produet delivery, custesner dala management, Custoret
`research and the like. These companies are obligated to protect your infonmation and may be located
`wherever Fitbit does business.
`
`We may also disclose information about you ifwe determine that disclosure is reasonably necessary ta
`enforce our terms and condilions of protect Our operations of users or we are required to do so by any
`applicable law, rule, regulation, subpoena or other legal process. Additionally, in the event of a
`reorganization, merger, or sale we may Irangter any and all persenal information we collect to 1he
`relevant third party.
`
`Use of Aggregated Anonymous User Data
`
`Fitba may disclose non-personally identifiable aggregated user data, such as aggregated gender, age,
`eight, weight, and usage data gathered from Fitbit devices (without the inclusion of a user's mame or
`other Identifying Information) to:
`
`+ Organizations approwed by Fitbit that conduct consumer research into health and wellness:
`+ Users of the Senice for purposes of comparison of their personal health and wellness situation
`relative to the breacer community: and
`> Advertisers and other third panies for their marketing and promotional purposes,
`
`Cookies and Other Technology
`The Fitbit Site and Service may use “cookies” and other technologies such as pbheel tags and web
`beacons.
`
`Cookies are alphanumeric identifies In the form of text files that are Inserted and stored by your Web
`browser on your computer's hard drive, These technetogies tell us which pants of our website you have
`visited, limit the number of times you see a Fitbit offer, or help us better determine which Fithet offers you
`may like to see or to alert you to software compatibility issues. They are also used to analyze and
`improve our Service's design and functionality,
`
`you choose to delete cookies fram your device or black them fram being stored on your device,
`Blease mote that the full functionality of the Service may not be available ta you.
`
`“Web beacons” are images embedded ina Web page of email for the purpose of measuring and
`analyzing Site usage and activity. Fitbit, of third party service providers acting on our behalf, may use
`Web beacons ta help us analyze Site usage and improve the Service,
`
`We may use third party service providers to help us analyze certain online activities and improve our
`products and the Service. For example, these service providers may help us measure the performance
`of our online campaigns or analyze visitor activity on Fab@.com. We may pernnit these senvice providers
`to use cookies and other technologies to perform these services for Fitbit, We do not share any personal
`infonmation about our customers with these third party service providers, and these service providers da
`hol CaleSuch information on our behalf, Our third party service prowiders are required to comply fully
`with this Policy.
`
`We use search and display advertising so you can find opportunities to purchase Fitbit products and
`retargeting cookies to present you with Fitbit advertising on other sites based on your interaction on our
`website, We believe that consumers slrould exercise Choloe reganding lhe collection of personally
`identifiable Information, which Is why we disclose the cookles used on our website and providelinks to
`Oplout of thease collection practices, Although we would like to henner those browsers thal are set with a
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`* AdRoll - The Adfall Privacy Policy explains how thei cookle works and gives you the option to adjust
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`Case 1:19-cv-11586-FDS Document 343-25 Filed 03/02/22 Page 8 of 10
`Case 1:19-cv-11586-FDS,Document243-25..Filed 03/02/22.Page 8 of 10
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`We also use the Google Analytics, Opimizely and MixPanel cookies to allow us to see how you use our
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`We use social media widgets and plugins 50 you can use social networking to share items from our site
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`Through the Service, Filbit enables you to share information with others. Many users find this to ie ar
`important motivator in achieving their fitness goals. Fitbit is dedicated to providing you with full control of
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