This privacy notice (“Privacy Policy”) describes how Fitoti, Inc.’s (“Company,” “we,” “us”, or “our”) may collect information about you (“you”, “your”) through your interactions with our products, services, mobile and desktop applications (the “Applications”) and websites, including www.Fitoti.com, (the “Website”) (collectively, the “Services”).
Please read this Privacy Policy carefully to understand our views and practices regarding your personal information and how we will treat it. By using any of the Services, you confirm you have agreed to the Terms of Use and read and understood this Privacy Policy and our Cookie Policy. For more information about Data Privacy within Showcase, click here.
We take the privacy of users very seriously, and we will not share personal information of users in way unrelated to those described in this Privacy Policy.
We collect various information regarding you or your device you use to access the Services. The following provides examples of the type of information that we collect from you and how we use that information.
Context |
Types of Data |
Primary Purpose for Collection |
User Information |
When you register for a Fitoti account we collect your full name, email address, and account log-in credentials.
|
We have a legitimate interest in contacting our Users and communicating with them concerning normal business administration such as projects, services, and billing. |
User Account information |
We may collect personal information, such as your name, phone number, address, company, and e-mail address when you register for our Services, purchase products, sign up for our mailing lists, or otherwise communicate with us. |
We have a legitimate interest in contacting our Users and communicating with them concerning normal business administration such as projects, services, and billing. |
Cookies and first party tracking |
We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a web site is viewed. See our Cookie Policy for more information. |
We have a legitimate interest in making our Website operate efficiently. |
Cookies and Third-Party Tracking |
We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our Website so that they can provide advertising about products and services tailored to your interests on our Website, or on other websites. |
We have a legitimate interest in engaging in behavior-based advertising and capturing website analytics. |
Demographic Information |
We collect personal information, such as your age or location. |
We have a legitimate interest in understanding our customers and providing tailored services. |
Distance Information |
When you use a Fitoti camera in conjunction with our mobile applications, to better provide the Services we collect your current location information provided from the camera or mobile devices built-in GPS sensors, and from information derived from cell tower triangulation. We may use your IP address information to determine your approximate location. The mobile device OS will always prompt you for permission to use location data and we do not bypass this OS provided permission functionality in our mobile applications. We also use location data to assist the processing of image data and to better understand how multiple scan locations are related to each other. |
We have a legitimate interest in understanding our customers and providing tailored services. In some contexts, our use is also based upon your consent to provide us with geo location information. We also have a legitimate interest in providing aggregated analytics to better understand how and where the Service is being used, to provide a customized and localized experience when using the Service, and to prevent access to the Services where required by law.
|
Email Interconnectivity |
If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. |
We have a legitimate interest in understanding how you interact with our communications to you. |
Employment |
If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security Number. Providing this information is required for employment. |
We use information about current employees to perform our contract of employment, or the anticipation of a contract of employment with you. In some contexts, we are also required by law to collect information about our employees. We also have a legitimate interest in using your information to have efficient staffing and work force operations. |
Feedback/Support |
We collect personal information from you contained in any inquiry you submit to us regarding our Website or Services, such as completing our online forms, calling, or emailing for the purposes of general inquiries, support requests, or to report an issue. We may ask for your first and last name, physical address, email address, phone number, company name, industry type, details about your current product usage, and certain other information from time to time. When you communicate with us over the phone, your calls may be recorded and analyzed for training, quality control and for sales and marketing purposes and we will collect the phone number you use to call Fitoti, as well as other information you may provide during the call. During such calls we will notify you of the recording via either voice prompt or script. If you provide your phone number, we may use that information to make direct dial calls, autodialed and prerecorded message calls, and to send text messages, from Fitoti relating to our products and services. |
We have a legitimate interest in receiving, and acting upon, your feedback, issues, or inquiries. |
Images stored and processed |
When you capture images using a Fitoti camera or other devices, or if you provide images from any other source and upload them to the Fitoti Platform (as described in the Platform Subscription Agreement), we may collect personal information which is depicted within the imagery you submit. |
We have a legitimate interest in collecting customer images to provide the Services. |
Mailing List |
When you sign up for one of our mailing lists we collect your email address or postal address. |
We share information about our Services with individuals that consent to receive such information. We also have a legitimate interest in sharing information about our products or services. |
Mobile Devices |
When you download or use apps relating to our Website, we may collect information about your location and your mobile device, including a unique identifier for your device. Most mobile devices allow you to turn off location services. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer. |
We have a legitimate interest in connection with our efforts to prevent fraud or illicit use of our Processing Services and to provide you with location-based services, such as advertising, search results, and other personalized content. |
Order Placement |
We collect your name, billing address, e-mail address, phone number, and credit card number when you place an order. |
We use your information to perform our contract to provide you with products or services. |
Payment and transaction information |
We collect information such as the model of a camera purchased, subscription plans purchased, date and time of your transaction, and payment information, such as your credit card or bank account details. |
We have a legitimate interest in facilitating transactions, detecting and preventing fraud and keeping a record of your purchases so we can provide you Customer Support and warranty services, and for financial purposes as required by law. We do not process your credit card information directly, but rather this information is processed by one or more 3rd-party payment processors.
|
Promotions |
Promotions, incentives or giveaways may be made available through Fitoti, our Partners, or third parties from time to time. You do not have to participate in these. However, if you choose to participate, you may be asked to disclose some personal information. Additionally, at the time of entering the promotion, we will disclose in the promotion’s materials specific terms and conditions regarding how your personal information will be used. Please do not participate in any promotion if you do not agree to such usage. |
We have a legitimate interest in sharing information about our Services and providing incentives to our customers. |
Surveys |
When you participate in a survey we collect information that you provide through the survey such as your email address, name and any other information you choose to include in the body of your email or responses. If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. |
We have a legitimate interest in understanding your opinions, and collecting information relevant to our organization. |
Website interactions |
We use technology to monitor how you interact with our Website. This may include which links you click on, the URL that you visited before you came to our Services, the URL to which you next go to, information about the browser through which you are accessing the Services, and your Internet Protocol (IP) address or information that you type into our online forms. This may also include information about your device or browser. |
We have a legitimate interest in understanding how you interact with our Website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud. |
Web logs |
We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. |
We have a legitimate interest in monitoring our networks and the visitors to our Website. Among other things, it helps us understand which of our Services is the most popular. |
In addition to the purposes and uses described above, we use information in the following ways:
Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you sign up for Services, we may collect your information to complete that transaction, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your Services. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.
We obtain personal information from various sources. We do this in three main ways:
Fitoti will not share, rent, sell or otherwise disclose any of the personal information that we collect about you to marketers or unaffiliated third parties. We share your personal information with trusted entities, as outlined below.
You can make the following choices regarding your personal information:
Exercising your rights. Please address written requests and questions about your rights to privacy@Fitoti.com. Depending on where you reside, we may ask you to prove your identity as required by certain jurisdictions laws. We may verify your identity by phone call or email, or, depending on the request, we will ask for information such as your name or other account information. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you. In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will provide a brief explanation.
Please see the Other jurisdictions section below for additional information that may apply to you based on where you reside.
While no service is completely secure, we have a security team dedicated to keeping personal information safe from alteration, disclosure and/or destruction. Fitoti has adopted appropriate physical, electronic and managerial procedures to safeguard and secure the personal information we process. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Your account is protected by password for your privacy and security. We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
Because the internet is not a completely secure environment, Fitoti cannot warrant the security of any information a user transmits to Fitoti or guarantee that information on the Services may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between a user and Fitoti, at all times. You should limit access to your computer and/or mobile device and/or browser and sign off after you have finished accessing your account. We are not responsible for the functionality, privacy and/or security measures of any other organization and are not responsible for the practices employed by any websites and/or services linked to and/or from the Services, including the information and/or content contained therein.
Generally, we will hold your personal information for as long as you are a customer and use Services to ensure accuracy and to help maintain quality of service or if we are obliged to retain such information for legal, regulatory, fraud prevention and legitimate business purposes.
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use and/or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research, statistical or other business purposes. We may use this aggregated, anonymized, or de-personalized information indefinitely without further notice. We may retain personal information for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements. You can request further details of retention periods for different aspects of your personal information by contacting us.
We are a global business, with our primary location in the US. The personal information (or personal data) which we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”), including the US, Switzerland, India, and the Philippines. You acknowledge the transfer to, and storing, or processing outside of the EEA or UK of your personal data as set out in this Privacy Policy, and in the Other jurisdictions section below.
Links to third-party websites, apps or services. This Privacy Policy only addresses the use and disclosure of personal information collected from you by Fitoti. You should be aware that when you are using the Services, you may also use or be directed to other websites, applications or services of third parties that are beyond our control, and Fitoti is not responsible for the privacy practices of third parties or the content of their websites, applications or services. We encourage you to read the posted privacy policy whenever interacting with any third-party website, application or service.
Updates to this Notice. We will from time to time update this Privacy Policy as we adopt new privacy practices and policies in response to updates in the law, to align with changing industry best-practices, and to reflect our product enhancements. We reserve the right to change this Privacy Policy at any time. Any changes to the Privacy Policy will be either posted on this page or communicated to you in writing by us, where we are legally required to do so. Changes to this Privacy Policy shall be applicable on the effective date set out in the updated Privacy Policy. The latest version of this Privacy Policy will be available to view on our Website.
Children. The Website and Services are not directed at children, and we do not knowingly collect personal information directly from users under the age of 13 or from other websites or services directed at children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will not knowingly request or collect personal information from any child under age 13 without obtaining the required parental consent.
Conflict between this privacy notice and our Terms of Use or other terms. Where there is a conflict between this Privacy Policy and an explicit provision of the Terms of Use, this Privacy Policy will prevail over those other Terms.
Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
Information from other sources. We may receive information about you, including personal information, from third parties, and may combine this information with other personal information we maintain about you. If we do so, this Privacy Policy governs any combined information that we maintain in a personally identifiable format.
Collection and processing of sensitive information. The Service do not collect, or process ‘sensitive information’ as defined by certain Data Privacy Laws, and our Terms of Use. As such, and in accordance with our Terms of Use, you shall not provide any such information as part of your user profile, as part of any correspondence, when you upload images, or by any other means with your use of the Service.
Aggregated Information. We may use information from images scanned and processed in an aggregated form for analytics and machine learning. The results of these activities do not contain or disclose any personal information that is identifiable to you. The Services are not designed or intended to collect personal information from your images, and you are responsible for any personal information depicted in the imagery. You should refrain from capturing any personal information if you object to the processing as described in this Privacy Policy. If personal information is captured in images that you have uploaded to Fitoti Platform this information may be publicly displayed if you choose to display the underlying imagery publicly through the Service. If you do not wish to publicly display personal information depicted in the images you submit, you should either refrain from capturing such personal information in your images or designate the resulting 3D models as “private” in your Fitoti Platform account. For additional information on designating your imagery as “public” or “private”, restricting third parties from editing or re-sharing your imagery, and the consequences of archiving your imagery, deleting your imagery and/or terminating your account, please also see the Platform Subscription Agreement. You are responsible for any personal information depicted in the imagery, and you should refrain from capturing any personal information if you object to the processing as described in this Privacy Policy.
Automated decision-making and profiling. Automated decision making refers to a decision that is taken solely on the basis of automated processing of your personal information, for example using software, artificial intelligence or other rating or scoring algorithms. Profiling uses automated processing which sometimes results in automated decision making, and in some cases does not. When you sign up to use the Services, we may use certain personal information, for example your first name, last name, address and IP address to verify you are eligible to use the Services and to restrict your access if you are not, for example if you are resident in a country or region that is subject to a U.S. government embargo. We will also restrict access by use of automated decision-making and profiling to anyone on or, directly or indirectly, owned, in whole or part, by any person or persons on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons or any other U.S. government list of parties with respect to transactions that are forbidden or restricted.
You have the right to not be subject to decision making which is solely based on automated processing and profiling, but only when that decision results in legal effects or otherwise significantly affects you. If you believe we have incorrectly made a decision based on automated decision-making and profiling, please contact us using the information in the Contact us section of this Privacy Policy. Your right not to be subject to automated decision making and profiling does not apply if the decision was necessary for entering into or performing a contract with you or is authorized by law and there are suitable safeguards for your rights and freedoms. However, in these situations, you can still obtain human intervention in the decision-making process and will make sure there are methods in place for you to express your point of view.
Personal information that you submit through the Services may be transferred to countries other than where you live. Your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information. The following provisions may apply to you depending on where you are located. If you chose to access services from somewhere other than your home country, you are responsible for compliance with local laws.
Australia. If you are an Australian resident, and you are dissatisfied with our handling of any complaint you raise under this Privacy Policy, you may wish to contact the Office of the Australian Information Commissioner.
Canada. Personal information maintained and processed by our affiliates and third-party service providers in the U.S. and other foreign jurisdictions may be subject to disclosure pursuant to a lawful access request by U.S. or foreign courts or government authorities. We will not provide your information to third parties for marketing purposes without your prior consent. For more information about our privacy practices; to access, update or correct inaccuracies in your personal information; or if you have a question or complaint about the manner in which we or our service providers treat your personal information, please contact us as set forth in the Contact us section of this Privacy Policy.
European Economic Area (EEA) and the United Kingdom (UK). If you are located in the EEA, the UK we comply with applicable laws to provide an adequate level of data protection for the transfer of your personal data to the US.
Nevada. This notice is provided to you pursuant to state law. Nevada state privacy laws permit us to make marketing calls to existing customers, but if you prefer not to receive marketing calls, you may be placed on our internal opt-out list by emailing us at privacy@Fitoti.com or you may also contact the Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Ste 3900, Las Vegas, NV 89101; telephone 702-486-3132; email: AGCinfo@ag.nv.gov.
Texas. If you have a complaint, first contact us by visiting our Website at privacy@Fitoti.com. If you still have an unresolved complaint regarding the company’s money transmission or currency exchange activity, please direct your complaint to the Texas Department of Banking: 2601 North Lamar Boulevard, Austin, TX 78705-4294; 1-877-276-5554 (toll free); www.dob.texas.gov.
Vermont. In accordance with Vermont law, we will not share information we collect about you with companies outside of Fitoti except as required or permitted by law. For example, we may share information to service your accounts, complete requested transactions, or to provide rewards or benefits to which you are entitled.
California – California Consumer Privacy Act (“CCPA”). This Section applies solely to all visitors, users, and others who reside in the State of California, and only applies to personal information for which Fitoti is a “Business” (as defined in the CCPA). This does not apply to personal information we collect from you during our provision of Services to you where you are an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency. It applies to personal information we collect from California Residents on or through our Services and through other means (such as information collected offline or in person). Any terms defined in the CCPA have the same meaning when used in this notice.
Category |
Examples |
Collected? |
Category A: Identifiers |
First and last name, email address, IP address, or similar identifiers. |
Yes |
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. |
Yes |
Category C: Protected classification characteristics under California or federal law |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
No |
Category D: Commercial information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Yes |
Category E: Biometric information |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
No |
Category F: Internet or other similar network activity |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
Yes |
Category G: Geolocation data |
Physical location or movements. |
Yes |
Category H: Sensory data |
Audio, electronic, visual, thermal, olfactory, or similar information. |
Yes |
Category I: Professional or employment-related information |
Current or past job history or performance evaluations. |
No |
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99) |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
No |
Category: K. Inferences drawn from other personal information |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
Yes |
If you have any questions or comments about this Privacy Policy, you may contact us by email at info@fitoti.com or by mail at:
Real Visualz LLC
14205 SE 36th Street, Suite 100
Bellevue WA 98006
USA