Introduction

Welcome to FytFeed, LLC!  FytFeed is a social encouragement platform that enables people to motivate and encourage each other through community and challenges.  FytFeed is intended to be a safe space and an encouraging space.  Displaying negativity or disrespect will not be tolerated and may result in being banned from the community.  In addition, FytFeed is meant to be a space for authenticity.  We highly discourage the use of photo filters or photo alteration. Please see our Community Rules for more details.

FytFeed, LLC (“FytFeed”, “us”, “we”, or “our”) operates www.fytfeed.com and FytFeed mobile application (hereinafter referred to as “Service”).

Our Privacy Policy governs your visit to www.fytfeed.com and FytFeed mobile application, and explains how we collect, safeguard and disclose information that results from your use of our Service.

We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“agreement”).

Additional Definitions can be found here.

Privacy Policy

Our privacy policy will help you understand what information we collect at FytFeed, how FytFeed uses it, and what choices you have. FytFeed, LLC built the FytFeed app as a free app. This SERVICE is provided by FytFeed, LLC at no cost to the user and is intended for use as-is. If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in these Terms.

Information Collection and Use

For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to users name, email address, gender, location, pictures. The information that we request will be retained by us and used as described in this privacy policy.

At any time, a user may delete their account in “Edit Profile” menu. When a user account has been deleted, the user’s data is deleted. 

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

At any time, a user may delete their account in “Edit Profile” menu. When a user account has been deleted, the user’s data is deleted. 

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Other Data

While using our Service, we may also collect the following information: sex, age, date of birth, registration at place of residence and actual address, telephone number, details on education, qualification, professional training, or employment, information on activity levels, and/or other data.

The collection of this data is optional, and is only used for the purpose of sign-in or registration to the Challenge it is associated with. This data will only be shared with the organization running the Challenge. 

Use of Data

FytFeed, LLC uses the collected data for various purposes:

• to provide and maintain our Service;
• to notify you about changes to our Service;
• to allow you to participate in interactive features of our Service when you choose to do so;
• to provide customer support;
• to gather analysis or valuable information so that we can improve our Service;
• to monitor the usage of our Service;
• to detect, prevent and address technical issues;
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
• to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
• in any other way we may describe when you provide the information;
• for any other purpose with your consent.

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

When a User deletes user account, all data is deleted. 

Transfer of Data

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

FytFeed, LLC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

We may disclose personal information that we collect, or you provide:

(a) Disclosure for Law Enforcement.

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.

(b) Business Transaction.

If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

(c) Other cases. We may disclose your information also:

• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business;
• to fulfill the purpose for which you provide it;
• for the purpose of including your company’s logo on our website;
• for any other purpose disclosed by us when you provide the information;
• with your consent in any other cases;
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

• To facilitate our Service;
• To provide the Service on our behalf;
• To perform Service-related services; or
• To assist us in analyzing how our Service is used.

We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

You may register for or log-in to your account via a third-party network, such as Facebook, Apple, or Google. If you do so, you hereby authorize FytFeed to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

We may use third-party Service Providers to monitor and analyze the use of our Service. More information can be found here.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet or method of electronic storage is 100% secure and reliable. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at hello@fytfeed.com.

In certain circumstances, you have the following data protection rights:

• the right to access, update or to delete the information we have on you;
• the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
• the right to object. You have the right to object to our processing of your Personal Data;
• the right of restriction. You have the right to request that we restrict the processing of your personal information;
• the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
• the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;

Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/

According to CalOPPA we agree to the following:

• users can visit our site anonymously;
• our Privacy Policy link includes the word “Privacy”, and can easily be found on the page specified above on the home page of our website;
• users will be notified of any privacy policy changes on our Privacy Policy Page;
• users are able to change their personal information by emailing us at hello@fytfeed.com.

Our Policy on “Do Not Track” Signals:

We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the California Consumer Privacy Act (CCPA)

If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:

• What personal information we have about you. If you make this request, we will return to you:
• The categories of personal information we have collected about you.
• The categories of sources from which we collect your personal information.
• The business or commercial purpose for collecting or selling your personal information.
• The categories of third parties with whom we share personal information.
• The specific pieces of personal information we have collected about you.
• A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
• A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.

• To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate. By deleting your FytFeed account, all of your personal information will be deleted.
• To stop selling your personal information. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a “sale” under California law.

If you submit a request to stop selling your personal information, we will stop making such transfers. Note: all personal information within Challenge forms is optional, making it easy to opt-out. If you are a California resident, to opt-out of the “sale” of your personal information by simply foregoing Challenge form participation (blank submission), or emailing hello@fytfeed.com.

Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.

To exercise your California data protection rights described above, please send your request(s) by one of the following means:

By email: hello@fytfeed.com

Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.

Children’s Privacy

These Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Limits on Liability

We work hard to provide the best Services we can and to specify clear guidelines for everyone who uses them. Our Services, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Although we will do our best to ensure a safe and authentic environment.

We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the FytFeed Services, even if we have been advised of the possibility of such damages.

Content & Public Information

You understand that you, and not FytFeed, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Your name will appear on your Profile page, and all profiles are searchable by FytFeed users. All users can search for all usernames, and all Content is viewable on the Feed. All Content found on the Feed can be used according to the Services, which includes but is not limited to sharing options. FytFeed may use your public Content in promotional content for newsletter, marketing, or promotional materials. If you do not wish for your public Content to be used for these purposes, please contact us by email at hello@fytfeed.com. Information provided to Challenges is viewable by anyone in the challenge and by all users for Global Challenges. FytFeed does not guarantee the accuracy, integrity or quality of such Content. FytFeed may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. 

You agree that FytFeed is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and FytFeed, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. 

Conduct

We expect you to honor the Community Rules. The Services are for your personal and noncommercial use.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You expressly agree that your activities (including, but not limited to athletic activities) carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction, or negligence of FytFeed or by the action, inaction, or negligence of others. FytFeed does not endorse your Content or any Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability, or other cause of any kind or character based upon or resulting from any Content on the Services.

The challenges and content offered on the FytFeed platform from FytFeed are not medical advice. To get specialized programs and/or medical advice, talk with your doctor. 

Changes to Terms

We may update our Terms from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms on this page. These changes are effective immediately when they are posted on this page.

Community Rules

FytFeed is an encouraging and supportive community that values: social encouragement, friendly competition & goal-setting, and healthy lifestyles.

1) Keep Content Positive and Encouraging. Negativity toward fellow users will not be tolerated.  Be respectful to your fellow community members.

2) FytFeed is a Safe Space. FytFeed is a safe space for community members to seek encouragement.  All groups of people are welcome.  Diversity is celebrated.  Our community is a place to find positive support through your active journey.

3) Be Authentic. We want FytFeed to be an authentic community.  We highly discourage the use of photo-editing or photo filters in your FytFeed Content.  FytFeed is a place for users to be 100% real and vulnerable.  We want to see the real you.  We want to encourage and support the real you.  Living an active lifestyle is a journey, and we want to be a place to find encouragement and support on that journey.  We don’t want to see your “highlight reels” or your edited or curated moments.

4) FytFeed is for Activity. Keep your Content focused on being active and things that help you continue to be active.  Do not create Content focused on other events or opinions. 

5) FytFeed is a Community of Individuals. Only create accounts as an individual. FytFeed is not meant to be a place for promotional content or advertisements.

Contact Us

If you have any questions or suggestions about our Terms of Service, do not hesitate to contact us.
Contact Information:
Email: hello@fytfeed.com