- “De-Linked Data” means any data from which Personal Identifiers (as defined below) have been removed or that does not contain Personal Identifiers (as defined below), and any data that is not Linked Data (as defined below).
- “Laws” means all ordinances, statutes, rules, regulations, orders, injunctions, writs or decrees of any government or political subdivision or agency thereof, or any court or similar entity established by any thereof.
- “Non-Personal Information” means Automatically Collected Information (as defined below) and De-Linked Data.
- “Person” means any individual, corporation, limited liability company, partnership, limited liability partnership, association, joint-stock company, trust, unincorporated organization, joint venture, court or government or political subdivision or agency thereof, any other business entity, and any legal person.
- “Personally Identifiable Information” means any information pertaining to you that can be used to uniquely identify, contact, or locate You, including Personal Identifiers and/or Linked Data.
- “Personal Identifiers” means one or more of the following categories of information pertaining to You:
- Geographic subdivisions smaller than a U.S. state;
- Birth date, except for birth year;
- Telephone numbers;
- Fax numbers;
- E-mail addresses;
- Social Security Number;
- Credit card numbers and other financial account numbers;
- Full face photographic images and any comparable images; and
- Web universal resource locators (“URLs”).
- “Services” means, collectively, the features and information available on the Website, and any other services provided by Y.E.S. Fitness to the User.
- “User Information” means any information transmitted to or collected by Y.E.S. Fitness concerning the User, including without limitation Personally Identifiable Information, Non-Personal Information, and User Submissions (as defined below).
- “User Submissions” means any content (including artwork, audio recordings, code, copy, concepts, data, ideas, images, information, messages, music, photography, programs, test results, test scores, text, video recordings, written materials, and/or other materials) that the User uploads, posts, e-mails, submits, transfers, or otherwise transmits to Y.E.S. Fitness, to the Website, or to any other User via the Website.
Section 2 – Effective Date.
Section 3 -Children Under Age 13.
We are committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of the Website and/or the Services by Children are prohibited by the Terms and Conditions. The Website and the Services are not designed for or marketed to Children, and Y.E.S. Fitness does not knowingly collect Personally Identifiable Information from Children.
Section 4 – Automatically Collected Information.
When You access the Website and/or the Services, Y.E.S. Fitness may automatically collect Non-Personal Information about Your visit, including without limitation the following categories of information (collectively, “Automatically Collected Information”):
- Visit Information. We may collect information about Your use of the Website and/or the Services, such as the pages and materials You access, the amount of data transferred, the links You click, the amount of time You spend viewing each page, and other information about Your interactions with the Website and/or the Services, as well as certain standard information that Your browser sends to every website that You visit, including Your Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size), access dates and times, and referring websites.
Section 5 – Personally Identifiable Information Collected by Y.E.S. Fitness.
Y.E.S. Fitness collects the following categories of Personally Identifiable Information:
- Order Information. When You request or place orders for products, certifications, or Services from Y.E.S. Fitness (including subscriptions to Services), Y.E.S. Fitness collects certain Personally Identifiable Information, including without limitation Personal Identifiers and other information used to fulfill Your order or request (collectively, “Order Information”).
- Registration Information. If You register and/or create an account to access certain portions of the Website or the Services, You may be required to provide certain Personally Identifiable Information and You may be provided, or required to choose, a password, username, and/or other registration information (collectively, “Registration Information”).
- Other User Submissions. Certain portions or features of the Website and/or the Services may permit or require You to create User Submissions (other than Order Information and Registration Information). Such User Submissions may constitute Linked Data because they either contain or are linked to Personal Identifiers.
- Unidentified Linked Data. If Personal Identifiers are included in User Submissions without being requested by Y.E.S. Fitness and without being properly identified as Personal Identifiers (for example, Personal Identifiers included in user posts in the “Community Forum” portion of the Website), Y.E.S. Fitness will not know the User Submissions constitute Linked Data. Y.E.S. Fitness will treat such unidentified Linked Data as Non-Personal Information for all purposes unless and until You notify us that the User Submissions constitute Linked Data.
Section 6 – Disclosure and Use of Your Information.
- Non-Personal Information. Y.E.S. Fitness may use Non-Personal Information for any purposes whatsoever (including without limitation, advertising, marketing, enhancing, designing, or developing products and/or Services, and research), and Y.E.S. Fitness may share Non-Personal Information with others, including partners, affiliates, and providers of Y.E.S. Fitness.
- Personally Identifiable Information.
- Use by Y.E.S. Fitness. Y.E.S. Fitness may use Your Personally Identifiable Information for the purposes for which it was submitted by You to Y.E.S. Fitness and for Us to provide the Services to You.
- Disclosure to Third Parties. To the extent We deem necessary, Y.E.S. Fitness may disclose Your Order Information and Registration Information to third parties in order to process and fulfill Your orders and similar requests. In addition, Y.E.S. Fitness may share Personally Identifiable Information with others, including partners, affiliates, and providers of Y.E.S. Fitness performing services for or on behalf of Y.E.S. Fitness. Such services may include communications, database, event management, website services and hosting, mailing, and marketing services. Additionally, Y.E.S. Fitness cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, Y.E.S. Fitness may be legally obligated to disclose information to the government or third parties under certain circumstances, or third parties may breach or circumvent Our security measures to unlawfully access or intercept transmissions containing Your Personally Identifiable Information, or an error or may occur in the administration of the Website. In the event that Y.E.S. Fitness needs to investigate or resolve possible problems or inquiries, You authorize Y.E.S. Fitness to disclose any User Information to government officials as permitted by applicable Laws.
Section 7 – Privacy and Security.
The privacy and security of Your User Information are important to Us. Y.E.S. Fitness maintains physical, electronic, and procedural safeguards to secure Your User Information. User Information collected by Y.E.S. Fitness is stored in databases that Y.E.S. Fitness controls directly or through Y.E.S. Fitness’s service providers. As deemed appropriate by Us, Y.E.S. Fitness uses security measures consistent with industry standards (such as encryption technology and firewalls) to protect Your User Information. However, because no security system is perfect, Y.E.S. Fitness cannot guarantee the security of Y.E.S. Fitness’s databases, nor can Y.E.S. Fitness guarantee that User Information will not be intercepted while being transmitted over the Internet. In addition, if You register and/or create an account to access certain portions of the Website and/or the Services, You are responsible for maintaining the confidentiality of Your Registration Information, including any username and/or password associated with Your account. If another Person learns Your username and password, We cannot prevent that Person from accessing Your User Information. Therefore, if You suspect that another Person may have learned Your password, You agree to immediately change Your password using the system available on the Website.
Section 8 – Correcting, Updating, or Deleting Personally Identifiable Information.
Because Y.E.S. Fitness keeps track of past purchases, certifications, and subscriptions, You cannot delete or modify Order Information. You may correct or update Your Registration Information using the tools available on the Website, but We may retain copies of previously submitted Registration Information. To correct, update, or delete other Personally Identifiable Information, You may contact Us or use the tools available on the Website. Your request must provide sufficient information to identify the User Submissions and the Personal Identifiers contained therein or linked thereto. In the case of Linked Data other than Order Information and Registration Information, upon Your request, We will convert the Linked Data to De-Linked Data by either deleting the Personal Identifiers contained in the Linked Data or by removing any links between the Linked Data and Your Personal Identifiers.
Section 9 – Terms and Conditions Incorporated.
You acknowledge and agree
that all of the terms of the Terms and Conditions are incorporated into this
Conditions shall govern.
Section 10 – Contact Information.
Except as otherwise provided, please direct all inquiries and other communications relating to the Website and/or the Services to:
292 Spielman Highway
Burlington, CT 06013
or contact Y.E.S. Fitness online at https://yesfitnessct.com.