Privacy Policy (full)

INTRODUCTION
This Privacy Policy (together with our Terms of Use and Terms and Conditions of Sale and any other documents referred to therein) describes the personal information that we collect from you, or that you provide on the following websites: https://octanedev.blueearth.net/ and https://www.Support.OctaneFitness.com (the “Sites”), and how that information may be used or disclosed by us. The terms, “we,” “us” and “our” as used herein refers to Octane Fitness, LLC (“Octane”).

This policy does not apply to information collected on any third-party site that may link to or be accessible from our Sites.

Please read the following carefully to understand our policies and practices regarding your personal information and how we will treat it. By using or accessing our Sites, you agree to this Privacy Policy and the collection and use of your personal information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of our Sites are deemed to be acceptance of such changes, so please check this Privacy Policy frequently for updates.

If you choose to visit our Sites, your visit and any dispute over privacy is subject to this Privacy Policy, our Terms of Use and our Terms and Conditions of Sale, including limitations on damages, resolution of disputes, and application of the law of the State of Minnesota. If you have any concern about privacy at Octane, please contact us at webadministrator@octanefitness.com with a thorough description, and we will try to resolve it. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

CHILDREN UNDER THE AGE OF 13
Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any personal information to our Sites. We do not knowingly collect personal information from children under 13. If you are under 13, please do not register on our Sites, make any purchases through our Sites or send any information about yourself to us, including your name, address, telephone number or e-mail address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at webadministrator@octanefitness.com.

INFORMATION WE COLLECT ABOUT YOU
We collect several types of information from and about users of our Sites, including:

• Information you provide to us when interacting with our Sites by setting up an account, registering for a product warranty, completing our voluntary surveys, making a purchase/return/exchange or connecting with our customer service department. The information collected in this manner includes, without limitation, your name, mailing address, e-mail address, phone (or mobile number), and your purchase/return/exchange information.
• Information we collect as you navigate through the Sites, including usage details, IP addresses, cookies, and web beacons.
• Information based on your social media preferences which you share with us when you use third party social networking platforms, including Facebook, Pinterest, Twitter, Instagram, Google+ and YouTube, and including social media plugins such as the Facebook “Like,” Tweets, and the Pinterest “Pin,” etc. When you use these social networking platforms and plugins, your username and other information about you or collected from you on these services may be shared with us. When you use social networking platforms and plugins, you share your information with them and their privacy policy applies to the disclosure of such information. In addition, they may be able to collect information about you, including your activity or may notify your connections on the social networking platform about your use of the Sites. Such services may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising. Please note that their own privacy polices apply and we encourage you to read them. We may add new social networking plugins and buttons to our websites from time to time.

  Please note that in addition to the above, each of our Company Pages and Applications which are hosted or available through social media sites may contain its own separate Terms of Use and/or Privacy Policy. Your use of that Company Page or Application, including but not limited to your submission of any content, materials or personal information to or via the applicable Company Page or Application, is at all times subject to any posted Terms of Use and Privacy Policy.

• Information we receive from third parties, for example, our business partners and customers.

Information You Provide to Us
We may collect and use the following information that you provide to us:

• Information that you provide by filling in forms, surveys and warranty registration cards on or through our Sites. This includes information provided at the time of registering your account to use our Sites, posting material or requesting further services. We may also ask you for information when you report a problem with our Sites.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Details of transactions you carry out through our Sites and of the fulfillment of your Orders.
• Details of entering into contests, sweepstakes, surveys, promotions or participating in events sponsored by us.

Usage Details, IP Addresses, Cookies and Web Beacons

• Usage Details and IP Addresses. As you navigate through our Sites, we may also collect details of your visits to our Sites, including, but not limited to, traffic data, location data, logs and other communication data, as well as information about your computer and internet connection, including your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' equipment, browsing actions and patterns, and does not identify any individual.
• Cookies. For the same reason, we may obtain information about your general internet usage by using cookies. A cookie is a small file stored on the hard drive of your computer. Use of cookies help us to improve our Sites and to deliver a better and more personalized service by enabling us to:
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Sites according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Sites.
  • Keep track of items in your shopping cart.

  You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may lose some features or functionality of our Sites and be unable to access certain parts of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites. Remember, however, that disabling cookies is browser specific. If you log on using Internet Explorer, you must also disable cookies in, for example, Firefox if you use that browser at a different time.

• Web Beacons. Pages of our Sites may contain electronic images known as web beacons (also referred to as single-pixel gifs) that permit us to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Web beacons are not used to access your personal information on our Sites and are only used to compile aggregated statistics concerning use of our Sites.

User Contributions
You are responsible for any content, including personal information, that you contribute to be published or displayed (hereinafter, “Posted”) on our Sites, or transmit to other users of our Sites (collectively, “User Contributions”). Your User Contributions are Posted on and transmitted to other users of our Sites at your own risk. Although you may set certain privacy settings for removal, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access and use of information provided on our Sites, including User Contributions, is governed by our Terms of Use and known or suspected violations should be reported to webadministrator@octanefitness.com.
 

USES MADE OF THE INFORMATION
We use information that we collect about you or that you provide to us, including any personal information, in the following ways:

Product and Service Fulfillment

• Fulfillment and manage purchases, orders, payments, returns/exchanges or requests for information or to otherwise service you.

Our Marketing Purposes

• Deliver coupons, newsletters, promotions, notification of events and special offers, e-mail, direct mail or mobile messages, etc.

Internal Operations

• To present our Sites and its contents in a suitable and effective manner for you and for your computer.
• To notify you about changes to our service or products.
• To allow you to participate in interactive features of our service, when you choose to do so.
• For statistical purposes and reporting of aggregate data.

Legal Compliance

• To carry out our obligations and enforce our legal rights or in response to legal actions.

DISCLOSURE OF YOUR INFORMATION
We may disclose personal information that you provide via our Sites to the following third parties:

• Our authorized dealers and distributors, subsidiaries, affiliates and related companies.
• Contractors and service providers we use to support our business. For example we might use a credit card processing company in order to process your online payments.
• Across social media platforms, with your consent, such as Facebook, Twitter, Pinterest, Instagram, Google+ and YouTube.
• In the event of merger, acquisition, or any form of sale of some or all of our assets, in which case personal information held by us about our customers could be among the assets transferred to the buyer.
• We may disclose e-mail addresses as part of a suppression file or do-not-e-mail list to make sure that unsubscribe requests are forwarded to the appropriate parties to insure removal from databases, in compliance with law, including without limitation, the Can-Spam Act of 2003.

We may also disclose your personal information to third parties to:

• Comply with any court order or other legal obligation.
• Enforce or apply our Terms of Use.
• Protect the rights, property, or safety of Octane, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of our Sites may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your e-mail address used for promotional purposes by us, you can opt-out/unsubscribe by clicking the “unsubscribe” or similar link in our first promotional correspondence with you. You can also always opt-out of receiving promotional e-mail information from us by sending us an e-mail stating your request to webadministrator@octanefitness.com. Please note that any opt-out/unsubscribe from our promotional emails would not apply to transactional emails from us (i.e. warranty information, returns, password requests, etc.).
• Do Not Track. Do Not Track (DNT) is a privacy preference that users can set in their web browsers. DNT is a simple way for users to inform web services that have been integrated across the Internet (such as buttons, widgets, and other embedded features or content) that they do not want certain information about their webpage visits collected and shared across websites.

  The DNT browser setting is only supported by recent versions of major browsers, including Firefox 5+, Internet Explorer 9+, Safari 5.1+, and Chrome.

  When you turn on DNT in your browser, we stop collecting the information that allows us to tailor suggestions based on your recent visits to websites that we interact with. We also stop collecting the information that allows us to tailor ads on your visits to our ad partners’ websites. Specifically, we stop collecting the unique browser cookie that links your browser to visits to these websites for tailoring suggestions or ads.

  Web browsers that enable DNT provide instructions on how to enable DNT. Search for instructions in their help section.

You should review this Privacy Policy carefully, because if you do not agree with our practices, your ultimate choice is not to use our Sites. Remember, by using any part of our Sites, you accept and agree to our privacy practices, our Terms of Use and Conditions of Order. If we update this Privacy Policy, your continued use of our Sites (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised privacy policy.
 

FINANCIAL INFORMATION
When asked to submit personal billing information, it is important to know that this information is used only for payment processing verification. We do not distribute, sell or otherwise exploit this information in any way. For security reasons, we never save or store complete credit card numbers. The financial information we receive from you will only be used to process your transactions and will never be shared with any other party, except as necessary to process your transaction and as required by law. Your information will be safeguarded in strict compliance with federal standards for non-public personal information.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You may contact us at webadministrator@octanefitness.com if you wish to view, edit, or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request. If you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of the Sites, you should contact a representative of Octane at webadministrator@octanefitness.com.

YOUR CALIFORNIA PRIVACY RIGHTS California Civil Code Section § 1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to webadministrator@octanefitness.com or write us at: Octane Fitness, LLC, Attn: [________], 7601 Northland Dr. N. #100, Brooklyn Park, MN 55428.

DATA SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk.

LINKS TO OTHER WEBSITES
Our Sites may contain links to other websites. Each of these linked websites maintains its own independent privacy policies. We do not control and are not responsible for the privacy policies or the content of those websites. When you leave our Sites and access websites of third parties, the privacy policies of the parties maintaining those websites shall control and we shall have no responsibility for the content or privacy practices of any third party website.

DISCLAIMER OF LIABILITY
Under no circumstances shall we be liable for any damages, including, but not limited to, direct, indirect, special, incidental, consequential or exemplary damages, that result from the use of the information or materials posted to or collected as a result of the user’s accessing our Sites, even if we have been advised of the possibility of such damages.

CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes we make to our privacy policy on this page and our Site’s home page. The date the privacy policy was last revised is identified at the top of the page.

ENFORCEMENT/REDRESS
If for some reason you believe that we have not adhered to this Privacy Policy, please notify us at webadministrator@octanefitness.com. We will do our best to respond to your concerns and, when appropriate, take steps to correct a problem. In any event, if any dispute arises under this privacy policy or through your use of our Sites, you agree to be bound by the venue and choice of law provisions of our Terms of Use.

CONTACT INFORMATION
To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Octane Fitness, LLC
Attn: [______________]
7601 Northland Dr. N. #100
Brooklyn Park, MN 55428
e-mail: webadministrator@octanefitness.com

Copyright 2014, Octane Fitness, LLC, All Rights Reserved