Our Privacy Policy

FitThumb Privacy Policy

Last Updated: January 13, 2024

ABOUT THIS PRIVACY POLICY

At FITTHUMB, we take the protection of your personal data seriously. This Privacy Policy applies to processing of personal data by InteractiveThink, Inc. dba FitThumb (collectively, "FitThumb") when you visit our website (“Site”), use your corporate wellness portal hosted by the FitThumb App or FitThumb on the Web, or use other FitThumb services (“Products”). This Privacy Policy does not apply to any third parties that may process your data.

Our web application enables you to take part in your employer’s wellness program. The protection of your personal data is of paramount importance to us. Please take a moment to carefully review this Policy.

WHY DOES FITTHUMB PROCESS YOUR PERSONAL DATA?

The sections below explain the categories of personal data we collect and process, as well as the reasons we do so. You will also find information on our legal basis for processing your data, and our data sources.

DEVICE & APPLICATION USERS

PROCESSING PURPOSES

FitThumb collects and processes your personal data for the following purposes:

To provide FitThumb services
We process personal data when you use our applicatoin, such as to provide you with daily insights about your readiness, sleep, activity, and other inferences about your health status.
To provide customer service
We process personal data for the purpose of providing customer service and managing our customer communication. If you contact our Support with questions regarding your account data, we may use the provided information to answer your questions and for solving any issues you may have.
To develop our products and services
We process data regarding your use of FitThumb and platform to improve our services and features, such as in the FitThumb App. When feasible, we will do this using only pseudonymized, aggregated, or non-personally identifiable data.
To enable third party integrations and services
We process personal data you provide to FitThumb to enable third party integrations, services, features, and offerings. For example, with your permission, our Products may integrate with third party services like Fitbit and Apple HealthKit, or our research partners. FitThumb takes measures to help ensure third party services protect your personal data, which means that FitThumb only processes your data with respect to third party integrations when you choose to integrate them with our Products, or when you provide the necessary consents. We process the data we receive from these third parties according to applicable terms, such as the Fitbit Permissions policy and Apple Healthkit requirements as well as relevant third party developer license agreements, as we become aware of those policies and agreements.
To comply with legal obligations
In certain cases, we must process certain data when it is required by applicable laws and regulations. Such statutory obligations are related, for example, to accounting and tax requirements, legal claims, or other legal purposes. FitThumb will oppose any request to provide legal authorities with access to user data for surveillance or prosecution purposes, and will notify users if we receive any such request.

LEGAL BASIS FOR PROCESSING

Our lawful bases for processing your data depend on the particular processing purposes, including:

Contract
When processing personal data for the purpose of providing FitThumb services via our Sites or Products, we process personal data on the basis of a user contract, which is formed when you create your account and accept our terms and conditions.

Consent
We process your health-related data only with your consent. In some cases, you can provide your consent to us for processing your data through your actions, such as by inserting health data into your notes, or by adding health related tags in the FitThumb App.

Legitimate Interest
We process your personal data based on our legitimate interests when we process it for the purposes of marketing our Products and Sites, providing our customer service and improving our Products. When choosing to use your data on the basis of our legitimate interests, we carefully weigh our own interests against your right to privacy, in compliance with applicable law.

Legal obligation
FitThumb must process certain information to comply with statutory obligations which may vary in each country. For example, such obligations can relate to consumer protection or tax laws.

PROCESSED DATA AND DATA SOURCE

In most cases, FitThumb collects personal data directly from you, such as when you register for an account, tag your data in the FitThumb app, or participate in employer sponsored challenge content. We may also process data that is produced from the information you provide to us. FitThumb may also rely on trusted third party processors to collect data on our behalf, such as our payment processor partners.

FitThumb processes the following personal data categories when you use our Products:

Contact information such as email address or physical address.

User information such as gender, height and weight, User ID, and other information you may provide to us about yourself or your account.

Device information such as IP address and location data.

User-provided activity and contextual information such as the activities, notes, comments, and tags you provide within the app.

Measured data such as heart rate, movement data, and temperature data.

Health and activity data such as activity levels throughout the day, steps, and body mass index (calculated based on height and weight).

Please note that some of the personal data we process, including any data concerning your health, is considered special or sensitive personal data. Under applicable law, such data is processed only if you have given your consent for processing.

Please also note that if you give your opt-in consent through our Products, you may share limited personal information like your sleep and readiness scores with other FitThumb users of your choice. You can make changes to what data you share with other FitThumb users, including opting out of sharing any data. Depending on your use of our services, you may also choose to communicate with and react to other users’ information. Please remember to always maintain a respectful and supportive environment when communicating with other users.

ONLINE CUSTOMERS & SITE VISITORS

PROCESSING PURPOSES

If you visit FitThumb's Site or have an online account, we process personal data for the following purposes:

To provide FitThumb services
We process personal data when you use our Site or Products, such as to provide you with daily insights about your readiness, sleep, activity, and other inferences about your health status.

To provide customer service
We process personal data for the purpose of providing customer service and managing communication with our customers. If you contact our Support with questions regarding our Site or Products, we will use the provided information to answer your questions, and to help solve any issues you may have.

To develop and improve our services
We process personal data regarding visitor use of our Site to improve the quality of our online services. This may involve our use of web statistics and trends on our. When feasible, we will do this using only aggregated and anonymized data.

To comply with statutory obligations
In certain cases, we must process certain data when it is required by applicable legislation. Such statutory obligations are related, for example, to accounting and tax requirements, legal claims, or other legal purposes.

PROCESSED DATA AND DATA SOURCE

In most cases, we collect personal data directly from you when you participate in FitThumb activities, When you visit FitThumb's Site, we collect analytical data about you via your device and browser via cookies and various other technologies for service development purposes. FitThumb may also rely on trusted third party processors to collect data on our behalf, such as our payment processor partners. We process the following personal data categories when you visit our Site:

Contact information such as name, email address and address

Device information such as IP address, time of visit, and location data

User activity such as browsing patterns on the Site and any communications you have with us.

CALIFORNIA RESIDENTS

CCPA NOTICE FOR CALIFORNIA CONSUMERS

This notice supplements the information contained in FitThumb’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("customers" or "you"), and who access FitThumb's Site or Products. This notice is pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), and any terms defined in the CCPA have the same meaning when used in this notice.

COLLECTION, USE, AND SHARING OF INFORMATION

Where a customer interacts with FitThumb's products and/or services, FitThumb collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information" or “personal data”). Information about the categories of personal information we collect, the purposes for which your personal information is processed, and any sharing of your personal information can be found from relevant sections of this Privacy Policy above:

We have never, in the entire history of our business, sold personal information to third parties, including data aggregators. We never will. We have collected and disclosed only the categories of personal information in this Privacy Policy as described in the Data Sharing and Disclosures section below.

CALIFORNIA CONSUMER RIGHTS

If you are a California resident, you have certain rights under the CCPA:

Right to know about the personal information we collect and share

The CCPA gives you the right to request that we disclose the personal information we have collected about you over the past 12 months, which we do after we receive and validate your request. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you;

The categories of personal information we have disclosed about you (if any);

The categories of sources for the personal information we collected about you;

The categories of third parties with whom we share that personal information; and

The specific pieces of personal information we collected about you.

Right of correction

You have the right to request correction of your personal information. After we receive and validate your request, we will correct your personal information, unless an exception applies.

Please note that you can correct and update some of your basic information via the FitThumb App and via FitThumb on the Web.

Right of deletion

You have the right to request erasure of your personal information, subject to certain exceptions, such as when we have a legal obligation to retain the data in question. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information unless an exception applies.

How to make disclosure, access, correction, or deletion requests

If you are a California resident, you can request disclosure, access to, correction, and/or deletion of your personal data as described above by submitting a verifiable consumer request to us by:

Sending an e-mail to support@FitThumb.com, including the following information along with your request: your full name, company name (if applicable), address, e-mail address, and a phone number. We may request that you provide additional information if necessary to confirm your identity. This is for security purposes, and is required by law in some cases.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You have the right to make a free request up to two times in any 12-month period. We will respond to all validated requests within 45 days of receiving your request, unless we request an extension. In the event that we reasonably require an extension in order to respond to your request, we will notify you of any such extension within the initial 45-day period.

Non-Discrimination

FitThumb does not discriminate against users who request to exercise their privacy rights under the CCPA. Unless an exception applies, this includes our promise not to:

Deny you goods or services;

Charge you different prices or rates for goods or services, including granting discounts or other benefits, or imposing penalties;

Provide you a different level or quality of goods or services; or

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

DATA SHARING AND DISCLOSURES

PERSONAL DATA SHARING

FitThumb does not sell or rent your personal information, and only shares your personal data with certain trusted service providers and partners so that we can provide and improve our services, to provide partner services and other offerings, and to operate our business. Whenever we share data with third-party service providers, we require that they use your information only for the purposes we've authorized, and for the limited reasons explained in this Privacy Policy. We also require these service providers to protect your personal information to at least the same standards that we do.

Like most companies, FitThumb uses service providers for purposes such as:

providing and improving our online service platform;

storing our users' data;

providing customer services;

analyzing information regarding the use of our online service to improve our service quality.

We use industry standard data protection measures to safeguard all international transfers of personal data through data protection agreements with our service providers.

PERSONAL DATA DISCLOSURES

We also reserve the right to disclose personal information under certain specific circumstances, including:

When we have your express consent to do so;

When it is reasonably necessary for our legitimate interests in conducting our business, such as in the event a merger, acquisition, or sale;

To protect FitThumb's legal rights and property; and

To comply with valid legal requirements. FitThumb will oppose any request to provide legal authorities with access to user data for surveillance or prosecution purposes, and will notify users if we receive any such request.

Otherwise, your personal information is never shared with any individual or other organization.

SAFEGUARDING YOUR DATA

FitThumb uses technical and organizational safeguards to keep your data safe and secure. When appropriate, these safeguards include measures such as anonymization or pseudonymization of personal data, strict access control, and the use of encryption to protect the data we process.

We also ensure that our staff receives adequate training to ensure personal data is processed only in accordance with our internal policies, consistent with our obligations under applicable law. We also limit access to your sensitive personal data to personnel that have specifically been granted such access.

Online services that we provide via our Site protect your personal data in-transit using encryption and other security measures. We also regularly test our service, systems, and other assets for possible security vulnerabilities.

We update our Products regularly to protect your personal data. We recommend that you make sure that you always have the latest app and firmware versions installed in order to maximize protection of your data.

DATA RETENTION

The retention period for your personal data generally depends on the duration of your FitThumb account lifecycle. Your personal data will be deleted when it is no longer needed for the purpose for which it was originally collected, unless we have a legal obligation to retain data for a longer period of time.

FitThumb also has legal obligations to retain certain personal data for a specific period of time, such as for aggregate reporting requirements. These required retention periods may include, for example, aggregate data reporting, legal claims, or for any other legal purposes. Please note that obligatory retention periods for personal data vary based on the relevant law.

If you wish, you may request deletion of your FitThumb account by contacting support@FitThumb.com.

USE OF COOKIES

We use cookies and various other technologies to collect and store analytics and other information when customers use our site, as well as for personalization and advertising purposes. The cookies we use include both first party and third party cookies.

Cookies are small text files sent and saved on your device that allows us to identify visitors of our Site, facilitate the use of our Site, and to create aggregate information of our visitors. This helps us to improve our service and better serve our customers, and will not harm your device or files. We use cookies and similar technologies to tailor our Site and the information we provide in accordance with the individual interests of our customers. Cookies are also used for tracking your browsing habits and for targeting and optimizing advertising, both on our Site as well as on other sites you may visit. We also use cookies and similar technologies for integrating our social media accounts on our Site.

YOUR RIGHTS AS A DATA SUBJECT

Whenever FitThumb processes your data, you have certain rights that enable you to control how your personal data is being processed. This section provides you with information about each of those rights. If you wish to exercise your rights as a data subject, please contact support@FitThumb.com with your request to do so.

Right to access data

You have the right to know what personal data is processed about you. You may contact us to request access to the personal data we have collected about you, and we will confirm whether we are processing your data, and provide you with information about the personal data we have collected and processed.

Please note that by using the FitThumb App, you can easily access the sleep, readiness, and activity data that we process about you. You can also access your data via FitThumb on the Web at https://www.FitThumb.com.

Right to erasure

You have the right to request the deletion of your personal data in certain circumstances. We will comply with such requests unless we have a valid legal basis not to do so, or a legal obligation to preserve the data.

Right to rectification (of inaccurate data)

You have the right to request correction of any incorrect or incomplete personal data we have stored about you.

Please note that you can correct and update some of your basic information via the FitThumb App and via FitThumb on the Web.

Right to data portability

You have the right to request receipt of the personal data you have provided to us in a structured and commonly used format. The right to data portability only applies when we process your personal data for certain reasons, such as by contract or by your consent.

Please note that FitThumb on the Web provides you with the ability to export your own data.

Right to object to processing

You have the right to object to the processing of your personal data under certain circumstances. In the event that we do not have legitimate grounds to continue processing such personal data, we will no longer process your personal data after we have received and verified your objection. You also have the right to object to the processing of your personal data for direct marketing purposes at any time.

Right to restrict processing

You have the right to request that we restrict processing some types of personal data under certain circumstances. For example, if you contest the accuracy of your data, you can make a restriction request that we do not process your data until FitThumb has verified the accuracy of your data.

Right to withdraw consent

If we have requested your consent in order to process your personal data, you have the right to withdraw your consent for such processing at any time where this right is provided by local law. It should be noted, however, that withdrawing your consent may lead to issues or restrictions on your ability to fully utilize FitThumb Products.

Please note that you can always unsubscribe from receiving our newsletter and other marketing emails by using the ‘Unsubscribe' link provided in the emails you receive from us.

Please read FitThumb's CCPA Privacy Notice if you are a resident of the state of California to read more about your rights under California law.

CONTACT INFORMATION

InteractiveThink, Inc. is the data controller of user personal data processed for employee wellness purposes. Please find our contact details below:

FitThumb
Address: 4800 S. Louise Ave #422, Sioux Falls, SD 57106
Support: support@FitThumb.com

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this Policy from time to time at our sole discretion, but if we do, we'll let you know about any material changes either by notifying you on our Site or by sending you an email or push notification. If you keep using FitThumb services after a change, your continued use means that you accept any such changes.