Privacy

Fit4D is committed to protecting your privacy.

The following privacy statement describes our practice with respect to the collection and use of your personally identifiable information (personal information) on this website. By using this website, you consent to the terms of our privacy statement and to Fit4D processing of personal information for the purposes stated below.

Overall Privacy Principles: When you visit and navigate our sites and when you communicate with us via our sites, we will not collect personal information about you unless you provide us that information voluntarily. Any non-public personal information that you may provide via our sites will be used solely for the purpose stated on the page where it is collected. In some cases, and in all cases where required by law or regulation, you will be able to update the information that you provide to us as described below.

Fit4D will not sell, exchange, publish, or disclose personal information outside of Fit4D and its affiliated companies unless (a) expressly authorized by you, (b) necessary to enable contractors or agents to perform certain functions for us, or (c) required or permitted by law. In all cases, we will disclose the information consistent with applicable laws and regulations and we will require the recipient to protect the information and use it only for the purpose for which it was provided.

How We Collect Your Personal Information: Fit4D may require you to provide us with personal information if you would like to benefit from services offered or to participate in activities offered on this website. We try to limit our requests for personal information to that which we believe is minimally necessary to achieve our stated collection purposes. Personal information collected on this website is often limited to e-mail address but additional information is commonly requested when needed to provide a service you request. For example, if you choose a service or transaction that involves joining Fit4D as a coaching member, we will request personal information necessary for billing, such as name, address, telephone number and credit card information as well as information for later identification, such as age. To provide you with coaching services we will also request additional personal and medical information, such as weight, glucose level, health and fitness targets and physician contact information. Our website has security safeguards that are designed to protect the security of any personal information that you decide to give us via the Internet.

Also, in order to improve our services and the quality of the website, Fit4D offers you the opportunity to provide your suggestions and contributions by completing a Contact Us form which collects personal information such as name and e-mail address. Please note that any comments or materials sent to us, including feedback data, such as questions, comments, suggestions and any other responses are deemed to be non-confidential. We have no obligation with respect to such responses, and Fit4D shall be free to use, reproduce, distribute and publicly display such comments and materials without reference to you personally and to be free to use any ideas, concepts, know-how or techniques contained in such responses for any purpose whatsoever.

How We Use the Personal Information Collected: Fit4D uses your personal information collected on this website primarily for the following purposes: to deliver services, such as newsletters, web seminar participation or web community interaction; to alert you to upcoming events, updated information, special offers and other new services of Fit4D; to forward promotional materials at your request; to process transactions you request; to help us create and publish content most relevant to you; to authenticate registered members; to contact you in response to sign up forms or other requests; to contact you with information that might be of interest to you; and to allow you access to limited-entry areas of our website as appropriate. Additional personal information, including minimal medical information, may be collected during the sign-up process for coaching membership. This may be collected either on- or off-line and will be used to evaluate your application for membership and to guide our coaches in preparing coaching programs for you.

If you choose to provide us with your personal information on this website, we may transfer that information to Fit4D affiliates, subsidiaries or third party service providers, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world and by using this website, you consent to any such transfer of personal information outside of your country or jurisdiction. Fit4D frequently retains third parties to provide certain services available on our website or made available on our behalf. We will only provide those third party providers the personal information they need to deliver their services and to participate in Fit4D communication and decision making, and they are prohibited from using that information for any other purpose.

Fit4D may disclose your personal information if authorized by you or required to do so by law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on this website, protect and defend the rights or property of Fit4D and its family of websites or act in urgent circumstances to protect the personal safety of Fit4D employees and contractors, users of its products or services, or members of the public.

Fit4D reserves the right to transfer personal information to third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

How We Use Non-Personal Information Collected: Because non-personal information such as demographic data cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. Fit4D uses non-personal information to analyze and develop marketing strategy, to manage the website, and to obtain feedback on the performance of the company, its website, and its promotional activities, as well as level of interest in our various services. We may share such non-personal data with third parties.

How You May Opt-Out: Fit4D provides you the opportunity to exercise an opt-out choice if you do not want to receive emails from us or updates regarding new services and products offered on this website or if you do not want us to share your personal information with third parties within the limitations described above. The opt-out choice may be exercised at the points where personal information is collected. If you encounter difficulty in exercising the opt-out option at the point where personal information is collected you may also do it by contacting us at info@fit4d.com. We will process your unsubscribe as soon as possible. Please be aware that in some circumstances this may take some time and you may receive additional messages until the unsubscribe is processed.

Cookies and Other Tracking Technologies: Like most commercial website owners, we may also use what is known as 'cookie' technology. A 'cookie' is an element of data that a website can send to your browser when you link to that website. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, the website is able to recognize repeat users, track usage patterns and better serve you when you return to that site. The cookie does not extract other personal information about you, such as your name or address. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. If you choose to erase or block your cookies, the website may be less functional for you.

You may, at times, receive emails from us. These emails may contain advertising about goods and services that we think might be of interest to you. Fit4D uses an email delivery and marketing third party provider to send emails. In order to understand how our readers interact with the emails and the content that we send, we may use pixels in the text in order to understand who has opened the emails that they have been sent and in order to provide our content in the most interesting way. We also use pixels to learn whether you can receive emails in text or html form. If you click on a link in the email, we may set a cookie on your browser. If you visit this website as a result of clicking on a link, we are able to understand how you interact with the pages of our website through the combination of the cookie and pixels set on the pages of our website. This enables us to understand what interests you in our emails and what does not, and what interests you about our website and what does not. We can then try to send you more interesting information in the future. Please note that this information is for our use only - we do not disclose or share this information with any third parties who are not contractually bound to protect that information.

Our use of cookies and other tracking technologies allows us to improve our website, your web experience and the communications between you and Fit4D. We may also analyze information that does not contain personal information for trends and statistics.

How We Manage Site Security: We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. If you have any questions about the security on this site, you can send an email to info@fit4d.com.

Children's Privacy Online: This website is not directed toward children. We will not intentionally collect any personal information (such as a child's name or e-mail address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us. You can learn more about children's privacy and the Children's Online Privacy Protection Act (COPPA) at the Federal Trade Commission's website at http://www.ftc.gov.

This privacy policy is effective as of the date below. We reserve the right to change this policy. If we change it, we will post the revised privacy statement on this page. Any changes to this statement will be effective as of the date they are posted.

HIPAA NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

"We" and "us" refers to Fitness4Diabetics LLC (Fit4D) in its capacity as a provider of exercise and nutritional coaching for people with diabetes. "You" or "yours" refers to any individual who elects to become a member of Fit4D and provides us with or permits us to access medical information. "PHI" refers to "Protected Health Information," which is medical and medical care information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related medical treatment. Federal law, specifically the Health Insurance Portability and Accountability Act (HIPPA) and related privacy rules requires that we provide you with the following information.

Our Responsibilities: Though Fit4D normally obtains only a small amount of personal medical information from members, we are required by applicable federal and state law to maintain the privacy of any PHI that we receive. We are also required to give you this notice about our privacy practices, our legal duties, and your rights concerning your PHI. We must follow the privacy practices that are described in this notice while it is in effect. This notice takes effect on the date above and will remain in effect until we replace it. We reserve the right to change our privacy practices and the terms of this notice at any time, provided such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our notice effective for all PHI that we maintain, including PHI we created or received before we made the changes. Before we make a significant change in our privacy practices, we will change this notice and make the new notice available upon request. For more information about our privacy practices, or for additional copies of this notice, please review the Privacy Policy posted on http://www.fit4d.com or contact us using the information listed at the end of this notice.

Use and Disclosure of Protected Health Information: Federal law permits us to use and disclose PHI for purposes of treatment, payment and health care operations as those terms are defined under federal law. As a supplier of non-medical services, we do not provide treatment, but we may use and disclose protected health information for payment purposes, such as in connection with the payment of an insurance claim. We may also use and disclose PHI in support of our coaching operations in such activities as deciding whether or not to accept individuals as members, renewing or modifying membership, and developing customized coaching programs. We will also comply with any state or federal law that is more restrictive as to our uses and disclosures of protected health information.

There are also times when federal law permits or requires us to use or disclose your information without your written permission.

Permitted Disclosures: We may not make all of the uses and disclosures listed here, but federal law permits use or disclosure of your information without your permission:

• When we disclose your information to you.
• To third party non-Fit4D business associates that perform services for us or on our behalf, such as contractors and vendors.
• Where disclosure is required by law.
• To a public health authority authorized by law to collect or receive your information to prevent or control disease, injury or disability or when reviewing reports of child abuse or for the conduct of other authorized public health activities and responsibilities.
• To a health oversight agency for such activities.
• For judicial and administrative proceedings.
• To a law enforcement official for a law enforcement purpose.
• To a medical examiner for the purpose of identifying a deceased person, determining the cause of death, or other duties authorized by law.
• To organ donor organizations in order to aid in such donations.
• For certain research purposes authorized by and subject to federal law.
• To avert a serious threat to health or safety.
• To government officials regarding military personnel and certain domestic and foreign government officials for certain functions authorized by federal law.
• To comply with workers' compensation and other similar programs.
• To develop certain marketing communications and for certain fundraising purposes.

Additionally, where appropriate, we may disclose protected health information to a medical provider and to a group health plan or plan sponsor, commonly an employer, and any applicable agents of such organizations in accordance with federal law.

Required Disclosures: We must disclose your information when required by the Secretary of the Department of Health and Human Services to make sure we comply with federal law. We are also required, with certain exceptions, to provide you with access to inspect and obtain a copy of your information that we keep.

We may also disclose PHI to business associates and contractors with whom we have written agreements containing terms to protect the privacy of your PHI. We may disclose your PHI to another entity that is subject to the federal Privacy Rules and that has a relationship with you. Examples include quality assessment and improvement activities, reviewing the competence or qualifications of health care professionals, case management and care coordination, and detecting or preventing healthcare fraud and abuse.

On Your Authorization: You may give us written authorization to use your PHI or to disclose it to another person and for the purpose you designate. If you give us an authorization, you may withdraw it in writing at any time. Your withdrawal will not affect any use or disclosures permitted by your authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your PHI for any reason except those described in this notice.

Use and Disclosure of Certain Types of Medical Information. For certain types of PHI we may be required to protect your privacy in ways more strict than we have discussed in this notice. Though we do not expect to have access to the type of PHI described below, if we do obtain it, we must abide by the following rules for our use or disclosure of specific types of your PHI:
• HIV Test Information. We may not disclose the result of any HIV test or that you have been the subject of an HIV test unless required by law or the disclosure is to you or other persons under limited circumstances or you have given us written permission to disclose.
• Genetic Information. We may not disclose your genetic information unless the disclosure is made as required by law or you provide us with written permission to disclose such information.
• Mental Health Information. We may not disclose your mental health information records except to you and anyone else authorized by law to inspect and copy your mental health information records or you provide us with written permission to disclose.
• Alcoholism or Drug Abuse Information. We may not disclose any alcoholism or drug abuse information related to your treatment in an alcohol or drug abuse program unless the disclosure is allowed or required by law or you provide us with written permission to disclose.

Individual Rights: You may contact us using the information at the end of this notice to obtain explanations on how to submit a request for other additional information.

Access: You have the right to inspect and copy your information, except for any psychotherapy notes, certain information relating to civil, criminal, or administrative proceedings, and certain information prohibited by law from disclosure. We are allowed by law to deny access in some cases, and subject to certain procedures. Any request should be sent in writing to the contact listed at the end of this Notice Amendment. You have the right, with limited exceptions, to request that we amend your PHI. Your request must be in writing, and it must explain why the information should be amended. We may deny your request if we did not create the information you want amended and the originator remains available or for certain other reasons. If we deny your request, we will provide you a written explanation. You may respond with a statement of disagreement to be attached to the information you wanted amended. If we accept your request to amend the information, we will make reasonable efforts to inform others, including people you name, of the amendment and to include the changes in any future disclosures of that information. Disclosure Accounting: You have the right to receive an accounting from us of disclosures of your information made for up to the six (6) years prior to your request. This right does not apply to: disclosures made to carry out treatment, payment, or health care operations; disclosures made with your permission; disclosures made for police purposes; disclosures allowed by law; or disclosures made before April 14, 2003.

Restriction: You have the right to request that we place additional restrictions on our use or disclosure of your PHI. We are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in an emergency). Any agreement we may make to a request for additional restrictions must be in writing signed by a person authorized to make such an agreement on our behalf. We will not be bound unless our agreement is in writing. Confidential Communication: You have the right to request that we communicate with you about your PHI by alternative means or to alternative locations. You must make your request in writing. This right only applies if the information could endanger you if it is not communicated by the alternative means or to the alternative location you want. You do not have to explain the basis for your request, but you must state that the information could endanger you if the communication means or location is not changed. We must accommodate your request if it is reasonable, specifies the alternative means or location, and provides satisfactory explanation how payments will be handled under the alternative means or location you request. Right to Receive a Copy of the Notice: You may request a copy of our notice at any time by contacting the Fit4D Privacy Office. If you receive this notice on our web site or by electronic mail (e-mail), you are also entitled to request a paper copy of the notice.

Questions and Complaints: If you want more information about our privacy practices or have questions or concerns, please contact us using the information listed at the end of this notice. If you are concerned that we may have violated your privacy rights, you may complain to us using the contact information listed at the end of this notice. You also may submit a written complaint to the U.S. Department of Health and Human Services; see information at its Web site: www.hhs.gov. If you request, we will provide you with the address to file your complaint with the US Department of Health and Human Services. We support your right to the privacy of your PHI. We will not retaliate in any way if you choose to file a complaint with us or with the US Department of Health and Human Services.

Contact:
Director, Privacy Office
P.O. Box 287052
New York, NY 10128

Telephone: 866-411-0254
Fax: 866-411-0254