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Last Modified: January 5, 2023
Sunny Distributor, Inc. and its subsidiaries and affiliates, including SunnyFit® (hereafter “Sunny,” “we,” or “us,” “our,” or the “Company”) is committed to protecting the privacy of visitors to its SunnyFit® App. This SunnyFit® Privacy Policy (the “Policy”) explains how and when we collect, use and safeguard the information you provide through the App.
The following definitions, unless otherwise identified, shall have the same meaning regardless of whether they appear in singular or in plural form:
This Policy supplements and forms a part of our Terms of Use and any conflict between this Policy and the Terms of Use will be determined in favor of the Terms of Use. We encourage you to carefully review this Policy regarding the collection, use and treatment of your information.
By using, accessing, or registering with the App, you consent to our collection, use, processing, and disclosure of information in accordance with this Policy. You acknowledge and agree that we are not responsible for how third-parties, vendors, and service providers collect or use your information. Certain regions or locations have specific information concerning privacy related information. For California residents, please refer to Attachment “A” and for European residents, please see Attachment “B” for additional notices and privacy disclosures applicable to you.
This Policy applies to information you provide to us or that we collect automatically when you register, visit, access or use the App and when you interact with the App or with App content or applications that may link to or be accessible from or on the App that are provided or managed by a third party. Unless otherwise covered by another primary policy, this Policy also extends to our forums, social media channels, blogs and similar media platforms. However, this Policy does not apply to information we collect when you visit or use any external website or when you communicate with us through email, text or other such ancillary electronic means. For information regarding how we collect and use information when you visit or use Sunny’s website or communicate with us through email, text, or other electronic means, including web-based pages, please refer to our Website privacy policy. This Policy informs you of the following:
When you visit or use our App, we may collect, process or receive information about you as described in this Policy. The App may include links to other websites or platforms, including third party managed pages. For example, the App may provide a link to a web page providing product information or a third party managed web page concerning health and exercise information and resources. If you navigate to such websites, then those external website privacy policies thereby govern the collection of information while you use, view and/or interact on such sites. We may process and use your information for any other purpose disclosed to you at the time we collect or receive the information, or for any lawful basis or otherwise subject to your consent.
4.1 Third Party Providers. The App, its related components or functions may be provided, developed or hosted by third parties that are not necessarily affiliated with Sunny. These entities may receive, collect and/or process information you provide within the App, including information about your use of the App and your activities over time and across third party applications or websites. These third parties may also collect, use, store, process and/or transmit information in accordance with their applicable privacy policies and business practices, which are not under Sunny’s control. For more information on third party practices, please refer to such third parties’ applicable privacy policies, terms of use, end user license agreements, or similar disclosures, available from such third party’s website or by contacting the third party for more information.
4.2 Links to External Websites. The App may include links to external websites not operated or controlled by Sunny. For example, the App may link to a third party website that allows you to submit your information in order to receive health, exercise or lifestyle related content. Please be aware that Sunny does not have control of and is not responsible for the privacy or security practices of such other sites. We encourage you to look for and review the privacy statements of each website that you visit and be careful as to the information you may submit to any such third party.
4.3 Social Media Networks. Sunny maintains a presence on various third party social media sites. However, Sunny does not control and is not responsible for the collection, tracking, use, or disclosure of your information gathered through social media applications or websites or profiles within other applications, or otherwise as a result of your participation in social media platforms. Third party social networking applications and advertisers on such applications, including on the Sunny pages or profiles within those sites, are not obligated to follow or apply this Policy or the Terms of Use. You should directly contact the applicable social media platform provider and refer to their applicable privacy policies if you have any related questions or concerns as to use of those applications.
3.4 Tracking Technologies. The App may use systematic data collection technologies including cookies (a data file saved by a website onto the user’s device that shares details of the user’s web browsing activities between unrelated sites or services), log files (a data file containing information about usage patterns, activities and operations within an application) and/or web beacons (also commonly referred to as web bug, tracking bug, tag, web tag, page tag, tracking pixel, etc.) which allow third parties to collect information about you and your activities on the App and provide you, or enable others to provide you, with functionality within our App, additional personalization or with “behavioral” advertising. We may use these technologies to collect information about your online activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests, both on the App and on third party applications (including but not limited to search engines and social media applications) as well as through the Sunny website and other electronic communications.
Further, third parties who provide us with tracking functionality components may also use these technologies to collect information about you when you use the App in order to provide you with advertising based on your use of the App and to track performance of embedded advertising. As such, third parties may gain the ability to link or aggregate information collected about you when you use the App with other information collected about you elsewhere on the Internet. Third parties may also collect information about your online or application activities over time and across different websites, applications, and other online services and may use this information to provide you with targeted content or advertising.
3.5 Cross-Device Use. The App may permit you to access services, preferences and content across your computing devices from mobile products to tablets. Rather than residing as a static program on your device, key components of the App may be cloud-based and updated periodically to provide you with the latest improvements and features. In order to provide this experience, we may collect data about you, your device and the way you use our App.
5.1 Information You Provided Directly to Us. You may provide information to us when you use our App, including when you download, register with or log into the App. This information may include, but is not limited to, your PII such as gender, birthday, height, weight, exercise routine data, name, email address, phone number, mailing or billing address, device ID, username and password, registration ID number, financial information, your profile, any medical related information you provide and other information that may identify you. You may also provide NPI such as terms used for searches within the App, responses to questions, workout and exercise routines, schedules, bookmarks, notes, and other information about your activities within and usage of the App. Unless otherwise noted within the App or in this Policy, any information you provide through the App may be processed by, transmitted to, or stored by Sunny and/or its third party providers.
Certain information you provide when you use our App and its components may be stored locally on your mobile device. Although we do not transmit information stored locally on your mobile device through use of our App, please be aware that any information stored on your mobile device may leave your mobile device through automatic backup processes, manual download from your mobile device, and through other means outside of our control. In addition, your activities on your mobile device outside of the App may result in such information being transmitted to or otherwise collected by authorized or unauthorized third parties, including through the other apps you access, the websites you visit, and by parties who may gain unauthorized access to your mobile device or data. Any information stored on your mobile device or transmitted over the Internet or any data network could be accessed or intercepted by unauthorized third-parties. As a result, you acknowledge that Sunny cannot assure that the information you submit through the App or stored locally on your mobile device will remain private. Any data you provide or store locally through the App is at your own risk.
5.2 Information We Gather Automatically. If you download, access, or use the App, we may receive and store certain information about you and your mobile device using systematic or automatic data collection technologies, including but not limited to first as well as third party cookies, cookies, log files, web beacons and other similar technical tools. By way of example, this information may include, without limitation:
We may use and process information we collect or receive about you to:
We generally do not generally share, sell, trade, or rent your PII to others unless you authorize such or if we are required by any legal authority or governmental regulation to do so. We may share NPI or generic aggregated demographic information, not otherwise linked to any PII regarding visitors and users, with our business partners, trusted affiliates, third party service providers and advertisers. Further, we may share your information with our subsidiaries and corporate affiliates, as well as entities that provide services to us, including companies that provide payment processing, analytics, data processing and IT services including app development and maintenance and other services.
7.1 Disclosure of Information to Third Party Vendors/Service Providers. We may engage third party vendors and service providers to provide services in connection with the App, outsourced technical support for our programs and services and to facilitate our digital presence. Further, some of the content and services on the App, including advertisements, are served by third parties, including advertisers, ad networks and servers, content providers as well as technology and application providers. We may share PII, NPI or other information (including, without limitation, the number of times an advertisement has been serviced, click information, and geographic limitations) with such third parties as necessary so that they may provide the services for which they have been engaged.
7.2 As Required by Law. We may disclose your information to third parties when required to protect and defend our legal rights, protect the safety and security of our users, prevent fraud, comply with the law or respond to legal process or a request for cooperation by a government entity.
7.3 Business Asset Transfer. In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction. In the event that we sell our business or any assets thereto by way of an acquisition or merger or if we become affiliated with any other individual or entity, personal information may be subject to such transaction and transferred pursuant to that transaction.
7.4 With Your Consent. We may share your information with other third parties when you consent to such sharing.
If you have registered with our App, you may, at any time, access, modify or delete your PII by logging into the App using your username and password and visiting your account profile page. You may also send us an email at admin@sunnyhealthfitness.com to request correction or deletion of any PII that you have provided to us or request to opt-out of various services. Further, various ancillary services such as email and text applications (message and data rates apply) may allow you to opt-out directly and/or activate “do not track” features. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you withdraw a registration or cancel a subscription, we may nonetheless retain your PII in our records and we may continue to use and disclose that data in a manner consistent with this Policy, unless you request deletion of it.
We use a variety of security measures to ensure that your information is treated securely and in accordance with this Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the information) designed to protect against unauthorized use, disclosure or access of PII. However, due to the dynamic nature of transmission and storage of electronic information, no company can guarantee the security of your information. As such, we cannot ensure or warrant the security of any information you provide to us.
By using the App, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the App or sending an email to you. We do not accept liability resulting from any unintentional disclosure.
Our App is not intended for children under 13 years of age and we do not knowingly collect PII from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed PII to us, please contact us at admin@sunnyhealthfitness.com. If we become aware that a child has provided us with personal data, we will delete such information from our files. A parent or guardian of a child under age 13 may also review and request deletion of the child’s personal information.
We reserve the right to update or modify this Policy or the App at any time without advance notice. Any revisions to this Policy will be effective upon posting. As such, you should review this Policy periodically to ensure you are aware of any changes. If you object to any changes to this Policy, you must cease using the App. Your continued use of our Apps after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.
12. CONTACT US
Please contact us at admin@sunnyhealthfitness.com if you have any questions or concerns relating to this Policy or our privacy practices.
[Attachments “A” and “B” Follow]
The CCPA requires us to provide the following information related to our privacy practices for visitors, users, and others who reside in the State of California.
The CCPA provides California residents with specific rights regarding their personal information. If you are a resident of California, you have the following rights:
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact us:
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information.
Your request to us must:
We cannot respond to your request or provide you with the required information if we cannot:
Any disclosures we provide will only cover the 12-month period preceding the verifiable request's receipt.
For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
Collected: Yes.
Examples: 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.
Collected: Yes.
Examples: 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).
Collected: Yes.
Examples: Records and history of products or services purchased or considered.
Collected: Yes.
Examples: 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.
Collected: Yes.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
Examples: Approximate physical location.
Collected: Yes.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: Yes.
Examples: Current or past job history or performance evaluations.
Collected: No.
Examples: 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.
Collected: No.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: Yes.
Under CCPA, personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
We may use or disclose personal information we collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:
Please note that the examples provided above are illustrative and not intended to be exhaustive.
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When we disclose personal information for a business purpose or a commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that we may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
You have the right to opt-out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
9.1 Website. You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
9.2 Mobile Devices. Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
We may share your personal information identified in the above categories with the following categories of third parties:
We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.
We do not sell the personal information of Consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting Us.
If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.
Our Service does not respond to DNT signals.
However, some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if you are a California resident, you can contact Us using the contact information provided below.
California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, you can contact us and include the email address associated with your account.
Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
The CCPA provides consumers (California residents) with specific rights regarding their personal information. You have the right to request that the Company disclose certain information to you about our collection and use of your personal information over the past 12 months and the right to request that we delete personal information collected about you.
If you would like to submit a request pertaining to your data, please complete the form found here: https://sunnyhealthfitness.com/pages/ccpa-access-deletion-request-form
[End – Attachment “A”]
The GDPR requires us to provide the following information related to our privacy practices as to individuals located in the European Union.
We may process Personal Data under the following conditions:
The Company respects the confidentiality of your Personal Data and your ability to exercise your rights. As such, you have the right to:
You may exercise your rights of access, rectification, cancellation and opposition by contacting us directly. Note that we may ask you to verify your identity before responding to such requests. If you make a request, we aim to respond to you as quickly as possible.
You may choose not to provide the App with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.
You have the right to complain to a DPA about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
4.2 We may share your personal information in the following situations:
The Company will retain your Personal Data no longer than necessary for the purposes set out in this Policy. We will retain and use your Personal Data to the extent necessary to comply with legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. Your consent to this Policy followed by your submission of such information represents your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
7.1 Business Transactions. If the Company is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different privacy policy.
7.2 Law enforcement. Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
7.3 Other legal requirements. The Company may disclose your Personal Data in the good faith belief that such action is necessary to:
The Service Providers we use may have access to your Personal Data. These third party vendors collect, store, use, process and transfer information about your activity on our App in accordance with their privacy policies.
8.1 Analytics. We may use third party providers to monitor and analyze the use of our Service.
8.2 Marketing. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any applicable communication or by contacting us.
8.3 Payments. We may provide paid products and/or services within the App. In that case, we may use third party services for payment processing (e.g., payment processors). We will not store or collect your payment card details. That information is provided directly to our third party payment processors whose use of your personal information is governed by their privacy policy.
[End – Attachment “B”]
