Privacy Statement

Effective 8/31/2016

(If you are a CA resident, this statement includes your California Privacy Rights)

The FitnessCoach® program is a fitness program designed for individuals with special needs, and encourages an active and fit lifestyle. It is made available through American Specialty Health Fitness, Inc. (hereinafter referred to as FitnessCoach), a subsidiary of American Specialty Health Incorporated (“ASH”).

FitnessCoach values its users and respects their privacy, and is committed to using user information responsibly.

For the purposes of this Privacy Statement the terms “we” and “our” refer to Fitness Coach and ASH, and the terms “member” or “you” mean an authorized user of FitnessCoach.com.

FitnessCoach.com will not release, sell, rent, or trade your personal information to any third party without your permission, except when we believe in good faith that the law requires it, or to protect our own rights and properties, or as outlined in this Privacy Statement.

You should read and familiarize yourself with this Privacy Statement and with FitnessCoach.com Terms & Conditions. By using FitnessCoach.com, you acknowledge and consent to our collection, processing and use of your information as described in this Privacy Statement. For any questions about this Privacy Statement, please contact us directly through any means noted at the end of this Privacy Statement. If information practices change, FitnessCoach.com will post the revised policy on FitnessCoach.com and/or will notify users through direct communication.

CALIFORNIA DO NOT TRACK DISCLOSURE

FitnessCoach does not track FitnessCoach.com users across third party websites, nor does it allow third parties to collect personally identifiable information on the FitnessCoach.com.

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.

We do not knowingly share your personal information with third parties for their direct marketing use without your permission. California residents may send requests for information-sharing disclosure under this law by emailing FitnessCoach at FitnessService@ashn.com. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

What kind of personal information may FitnessCoach.com collect, and how is it collected?

  • When you register and enroll in the program, the Website will ask you to create a username and password, and will require your first and last name, date of birth, address, e-mail address, and home phone number. The Website may also process your credit card information through our fulfillment processor if you are required to pay an annual member fee prior to enrollment, or if you order a home fitness kit and you choose to do so using a credit card. However, the Website will not view or store your credit card information.
  • If you choose a fitness facility through FitnessCoach.com, we may receive your fitness facility location information if the facility is in our network.
  • If you use the Contact Us page of FitnessCoach.com to submit a comment, inquiry or request to us, we collect your name, phone number, e-mail address, user type, and your comment or inquiry message.
  • Additionally, we may collect demographic information from FitnessCoach.com members, such as age, gender, and areas of interest, as well as users’ IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet) and information obtained by tracking the "clickstreams" from usage of FitnessCoach.com (page requests, pages visited, content viewed, clicks and search queries made, etc.).

If you choose not to provide PHI and PII in the initial registration/enrollment process, you will not be able to access or use FitnessCoach.com.

How does FitnessCoach use personal information collected on FitnessCoach.com?

We use information collected on FitnessCoach.com to enable users to access and use the FitnessCoach program tools and features provided on FitnessCoach.com. For example:

  • When information is submitted while registering/enrolling with the FitnessCoach Website the information is populated in the Personal Info section of the Website. Registering for the Website allows users to gain access to special features on the Website. We will use your registration information to set up, administer, service, and communicate with you regarding your account. Registration on FitnessCoach.com is required for users to gain access to the features of the FitnessCoach Website.
  • If you search for a fitness facility through FitnessCoach.com, we will use the information you provide (e.g., zip code or city and state) to provide you with information on fitness facilities closest to that location. Once selected, we will also display your chosen fitness facility on the Website.
  • If you use the Contact Us page of FitnessCoach.com, we will use your information to process and respond to your comment, inquiry, or request (as the case may be).

We use user demographic information, IP addresses and clickstream data collected on FitnessCoach.com for internal purposes, such as improving FitnessCoach.com and associated tools and features, measuring and analyzing FitnessCoach.com user interests, traffic, and usage patterns, etc.

Under what circumstances do we share user information collected on FitnessCoach.com with third parties?

We may provide your information to your health plan or other entities that have contracted with your health plan to provide you with health-related services on behalf of your health plan, or to help administer your benefits. In certain limited situations, we may be required to provide your personal information to your health plan in order to confirm your eligibility, conduct billing, and perform other operational tasks required to administer your benefits. In these situations, we require that the recipient have internal controls in place to ensure that personal information is only disclosed to those who perform the benefit administration process described above.

We may also share your information with third parties in the following circumstances:

  • as reasonably necessary to enable third-party service providers to provide services and support for the operation and maintenance of FitnessCoach.com and associated tools and features;
  • as reasonably necessary to comply with law or legal process (including a court or government order or subpoena);
  • as reasonably necessary to detect, prevent, or otherwise address fraud, security or technical issues;
  • as reasonably necessary to enforce this Privacy Statement and/or the Terms & Conditions for FitnessCoach.com;
  • as reasonably necessary to protect the rights, property or safety of ASH and FitnessCoach, our members and users, and/or the public.

Furthermore, if we are involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about users (including personal health information and other personally identifiable information) may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information. In the event of such a change, we will endeavor to notify our users of the change as well as any choices our users may have regarding the change.

In addition, we may share with select third parties (including, without limitation, our members’ employers and health plans) aggregate statistics regarding FitnessCoach.com members, such as member demographics, interests, traffic, and usage patterns. The information so shared will not include personal health information or other personally identifiable information of FitnessCoach.com members.

Can users opt out of collection of personal information on FitnessCoach.com?

No. The functionality of FitnessCoach.com and associated tools and features requires that we collect and receive certain personal information from and about participants in the FitnessCoach program. Accordingly, if you do not wish to have your personal information collected or received by us, you should not use FitnessCoach.com or participate in the FitnessCoach program.

Can users access, update, and delete their information collected on FitnessCoach.com?

If you have an active account on FitnessCoach.com, you can log into your account to view your account/profile information. Members may update their account/profile information by submitting a written request to FitnessCoach using the “Member Request to Amend Protected Health Information” form, which is available upon request through the contact information at the end of this Privacy Statement. Failure to fully complete all sections of the form may result in the form being returned to you. Response to the request for amendment will be issued within 30 days of receipt of the completed form. However, we may obtain one 30-day extension by sending the member a written notice stating the reason for the delay and the expected date of the response. We may deny the member’s amendment request under the following circumstances:

  • We cannot verify and confirm the identity of the member making the request.
  • The request for amendment was made verbally.
  • The request does not state a reason for the amendment.
  • We cannot change member information provided to us by or on behalf of a health plan

NOTE: Except as expressly otherwise stated in this Privacy Statement, and except where applicable law provides otherwise, member information (including personal health information and other personally identifiable information) collected on FitnessCoach.com cannot be deleted or removed from our database and will be retained for a minimum of 10 years in accordance with our record retention policy. User accounts, however, may be disabled upon written request, using the contact information provided at the end of this Privacy Statement.

How can users opt out of receiving certain communications from us?

If you have provided your email address, postal address, and/or telephone number to us, you may opt out of receiving marketing/promotional communications from us by using the contact information provided at the end of this Privacy Statement. To stop receiving marketing/promotional communications via email, you can also use the “unsubscribe” link contained in a marketing/promotional email you have previously received from us. Please note that email unsubscribe requests may take up to 30 days to process once received.

For users who have requested to be removed from our email, postal mail, and/or telephone contact lists, once their requests are processed, we will maintain an internal do-not-contact list to ensure that the request is honored.

NOTE: Your opt-out regarding our marketing/promotional communications will not stop our communications of a transactional or member relation nature or as required by law (e.g., communications regarding your FitnessCoach.com account or your participation in the FitnessCoach program, communications in response to a request or inquiry you have made with us, notices regarding material changes to FitnessCoach.com or our information practices, notices regarding an actual or suspected security breach that affects your information stored by or for us, etc.).

How do we protect the privacy of minors?

We are concerned about the safety of children when they use the Internet. FitnessCoach.com is not intended for use by persons under the age of majority (e.g., under the age of 18 in California). If we become aware that a user is under the age of 18 and has provided personal information to us without prior parental consent, we will remove all information provided by such underage user from our database.

How do we use cookies and other similar technologies on FitnessCoach.com?

We use cookies on FitnessCoach.com to help us remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, to compile group information about our users, and to carry out other tasks relating to the operation or improvement of FitnessCoach.com and associated tools and features. We may also use information collected from cookies together with other information we have collected from our users. We do not, however, use cookies to access information on your computer or mobile device.

Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device. Each time you revisit the FitnessCoach Website, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time. Please note that if you choose to disable or reject cookies from FitnessCoach.com, tools and features of FitnessCoach.com Website may become inaccessible or may not function properly.

For more information on how to manage cookies, visit http://www.aboutcookies.org/.

To manage Adobe Local Shared Objects (also known as LSOs or Flash cookies), visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

We may also use “web beacons” (also known as “clear GIFs,” “pixel tags,” etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We may include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

How do we safeguard user information?

In order to maintain the confidentiality of and safeguard the security of personal information of FitnessCoach.com members, we enforce strict company-wide policies regarding member information privacy, security, and confidentiality.

We have an organizational commitment to protecting member information privacy and security. All employees who work for FitnessCoach.com are made aware of security policies and practices through employee orientation and annual refresher training. Personal information of FitnessCoach.com members is stored in an isolated database with tightly restricted access. Employees authorized to view this information are authenticated prior to gaining such access. We review web security on an ongoing basis. In addition to daily security administration and response activities, FitnessCoach.com undergoes an overall security review on an annual basis.

FitnessCoach.com uses Transport Layer Security (TLS) technology to protect the security of members’ personal information. You will see an unbroken key or a closed lock (depending on the browser used) in the upper part of the browser window when TLS is active and the server is secure. The URL line of the browser will also contain "https" instead of "http". When you register on FitnessCoach.com, your account/profile information will be transmitted to us in encrypted form and your registration will be assigned a unique User ID to which only our authorized employees will have access.

What is FitnessCoach’s advertising policy?

FitnessCoach does not allow third-party advertising on its Website.

What is FitnessCoach’s editorial policy?

View FitnessCoach Editorial Policy

What is FitnessCoach’s policy regarding links to other Websites and services?

For your convenience, FitnessCoach.com may provide links to third-party websites and online services not owned or controlled by or affiliated with us (each, a “Linked Third-Party Website/Service”). Linking does not mean, and should not be deemed or construed to mean, that we endorse or approve or are affiliated with a Linked Third-Party Website/Service. We are not responsible for the information privacy and security policies or practices of a Linked Third-Party Website/Service. When you leave the FitnessCoach Website to visit a Linked Third-Party Website/Service, this Privacy Statement no longer applies, and any information collected from or about you by a Linked Third-Party Website/Service will be governed by that site/service’s privacy policies and practices, which may be substantially different from those of ours. A Linked Third-Party Website/Service may set or use its own cookies, web beacons, etc. to your computer or mobile device, and may collect information from and about you and use the information in ways that we would not. You access a Linked Third-Party Website/Service entirely at your own risk. You should always read the privacy policy associated with a Linked Third-Party Website/Service before disclosing any personal information.

How can users contact FitnessCoach for questions?

Questions may be submitted on-line using FitnessCoach.com’s Contact Us page. The FitnessCoach Program is provided by American Specialty Health Fitness, Inc., a subsidiary of American Specialty Health Incorporated (ASH), a privately held corporation. All programs and services are not available in all areas. FitnessCoach and the FitnessCoach logo are trademarks of ASH. All FitnessCoach Website operations are conducted and maintained by staff affiliated with ASH. American Specialty Health is a Delaware corporation domiciled in California, with the corporate office located at 10221 Wateridge Circle, San Diego, CA 92121.

U.S. Mail

FitnessCoach Customer Service
P.O. Box 509117
San Diego, CA 92150-9117

By Phone

1-888-369-2746 (TTY/TDD 1-877-710-2746)

E-mail

FitnessService@ashn.com

Changes to Privacy Statement

We reserve the right to make changes to this Privacy Statement at any time by posting the new policy on FitnessCoach.com. Except where otherwise stated by applicable law, changes to this Privacy Statement will become effective when the new policy is posted on FitnessCoach.com, and such posting will constitute our notice to you regarding the changes, and by continuing to use FitnessCoach.com following such posting, you accept and agree to be bound by the new policy.

If we make changes to this Privacy Statement that will materially change the way we collect or use personal information of FitnessCoach.com members, we will obtain member consent to such changes where required by applicable law, and the changes will apply to members on a prospective basis only (unless otherwise agreed in writing by members).

We encourage you to check the website regularly to see if we have made any modifications to this Privacy Statement.

Use of this Website is governed by the FitnessCoach Terms & Conditions.