Privacy Policy

Welcome to the Kudos website (including all subdomains, the “Site”), which is operated by Everfit Inc. and its affiliates (collectively, “Kudos,” “we”, “us” and/or “our”). You can navigate portions of the Site without giving us any personally identifiable data (“Personal Data”). At times we need additional information about you in order to provide you with information or services you want to receive from us. This Privacy Policy sets forth Kudos’s policy with respect to Personal Data and certain other information that is collected from users of the Site.

Information We Collect:
When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide information, such as when you contact us with inquiries, register an account with us, or participate in activities on the Site.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Kudos and certain third parties located in the United States.

Other Information:

Non-Identifiable Data
: When you interact with Kudos through the Site, we automatically receive and store certain information. This information does not reveal your specific identity (like your name or contact information), but may include device and usage information, such as your IP address, browser and device characteristics, operating system, referring URLs, device name, country location, information about how and when you use the Site and other technical information. Kudos may store such information itself or such information may be included in databases owned and maintained by Kudos affiliates, agents, or service providers. We may use such information and pool it with other information to track, for example, the characteristics of clients that register for or use Kudos, and we may publish or otherwise disclose such aggregated information.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Site, Kudos may conduct research on the characteristics of such users, including but not limited to user demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Kudos may publish or otherwise disclose such aggregated information.

Analytics and Tracking Technologies: We may, and we may allow third party service providers to, use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Site. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

No uniform technology standard for recognizing and implementing “Do Not Track” (DNT) signals has been finalized. As such, the Site currently does not respond to DNT signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

Our Use of Your Personal Data and Other Information:

We use the Personal Data you provide for a variety of purposes. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided as well as for other purposes, including legitimate business interests. For instance, but without limitation:

-To facilitate account creation and Site usage. Your account information, including Personal Data, will be used to provide you with access to such components of the Site that require an account (including train.kudos.fit) and to monitor your usage of the Site (including whether and how frequently you complete workouts). If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and usage.

-To provide services to you. We use your Personal Data to render services to you such as sending daily workouts, exercises, nutrition tips, and reminders.

-To respond to inquiries. We use your Personal Data to respond to your inquiries, questions, and feedback.

-To request feedback. We may use your Personal Data to request feedback and to contact you about your use of the Site.

-To send administrative information to you. We may use your Personal Data to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.

-To protect the Site. We may use your information as part of our efforts keep the Site safe and secure (for example, for fraud monitoring and prevention).

-To enforce our terms, conditions, and policies.

-For other business purposes. We may use your Personal Data for other business purposes, such as data analysis, identifying usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve the Site and our products, services, marketing, and your experience.

Our Disclosure of Your Personal Data and Other Information:

We share your personal information and non-personal information with other parties for a variety of purposes. In addition to the disclosures described above, there are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you. For instance, but without limitation:

Legal Requirements: Kudos may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Kudos or individuals associated with Kudos, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Affiliates: We may share your Personal Data with our affiliates. Some of our affiliates may include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

Vendors, Consultants, Business Partners, and Other Third Parties: We may share your Personal Data with third party vendors, service providers, contractors, or agents who perform services for us or on our our behalf. Examples include: payment processing, data analysis, email delivery, text message delivery, hosting services, and marketing efforts. We may allow certain third parties to use tracking technology on the Site, which will enable them to collect data bout how you interact with the Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand online activity. We may share or transfer your Personal Data in order to improve our business.

Business Transfers: We may share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of company assets, sale of data that we collect, financing, acquisition of all or a portion of our business to another company, reorganization, dissolution or similar event.


Your Choices:
You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain components of the Site.


Exclusions:
This Privacy Policy does not apply to any data collected by Kudos other than data collected through the Site. In addition, this Privacy Policy shall not apply to any information that we do not directly solicit from you that you provide to Kudos through the Site or through any other means. This includes, but is not limited to, information provided to Kudos or any Kudos personnel by text or online message, phone or online call, email, through forms on the Site, or other such communication, information provided through social media platforms, information that you otherwise provide in connection with the Site outside of our registration process, and other unsolicited submissions (collectively, “Unsolicited Information”).


Links to Other Web Sites:
This Privacy Policy applies only to the Site. The Site may contain links to other web sites not operated or controlled by Kudos (the “Third Party Sites”). The policies and procedures we describe here do not apply to the Third Party Sites. The links from the Site do not imply that Kudos endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.


Security:
Information security is important to Kudos and we take reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet website or transmission is ever fully secure or error free. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us through electronic means. We ask that you do your part by maintaining your Internet and Site passwords and access codes strictly confidential. Please keep this in mind when disclosing any Personal Data to Kudos via the Internet.

Changes to Kudos’s Privacy Policy:
The Site and our operations may change from time to time. As a result, at times it may be necessary for Kudos to make changes to this Privacy Policy. Kudos reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Effective Date: December 20, 2018