Privacy Policy


Effective April 8, 2014


Fit Mountain, Inc. (“FitMountain” or “we”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information we receive from users of FitMountain, which we make available via (the “Site”) and as an application for mobile devices (the “Application”).  The Site and Application are collectively referred to herein as the “Service”. This Privacy Policy applies only to information that you provide to us through the Service.  This Privacy Policy may be updated from time to time.  We will notify you of any material changes by posting the new Privacy Policy via the Service.  You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our FitMountain Terms of Use.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally. 


Information Collection and Use


o   In connection with payments and for the use of the Service, we do ask you for personally identifiable information.  This refers to information about you that can be used to contact or identify you (“Personal Information”).  Personal Information includes, but is not limited to, your name, email address, but not limited to, your address. Your full-name and credit card information is stored with our payment partner in their PCI compliant secure servers.  


o   We may also ask you for other information to learn a bit more about you, such as injuries and general health information, lifestyle information, your favorite sports and activities, and other individual preferences (“Non-Identifying Information”).


o   We use the information that we collect from you to provide the Service, complete your transactions, if any, and administer your inquiries.  


o   We may also use your Personal Information to contact you with FitMountain newsletters, marketing or promotional materials and other information that may be of interest to you.  If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us directly at (See “Changing or Deleting Information,” below.)


Log Data.  When you visit the Service, whether as a registered user or a non-registered user just browsing (any of these, a “Fit Mountain User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”).  This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Service, pages of our Service that you visit, the time spent on those pages, information you search for on our Service, access times and dates, and other statistics.  We use this information to monitor and analyze use of the Service and for the Service's technical administration, to increase our Service's functionality and user-friendliness, and to better tailor it to our visitors' needs.  For example, some of this information is collected so that when you visit the Service again, it will recognize you and provide content relevant to you. We also use this information to verify that visitors to the Service meet the criteria required to process their requests.  We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.




Like many online offerings, we use “cookies” to collect information.  A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.  We use cookies for two purposes.  First, we utilize persistent cookies to save your login information for future logins to the Service.  Second, we utilize session ID cookies to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage by FitMountain Users and web traffic routing on the Service.  Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Service and then close your browser.  Third party advertisers on the Site may also place or read cookies on your browser.  You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.  If you do not accept cookies, however, you may not be able to use all portions of or all functionality of the Service. 



Identity theft and the practice currently known as “phishing” are of great concern to FitMountain.  Safeguarding information to help protect you from identity theft is a top priority.  We do not and will not, at any time, request your credit card information, your login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.  For more information about phishing, visit the Federal Trade Commission's website.


Information Sharing and Disclosure


FitMountain Users. We may allow you to share your exercise sessions, nutrition information and other information about you with other FitMountain Users, in accordance with the settings that you choose.



Aggregate Information and Non-Identifying Information.  We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.


Service Providers.  We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site's features) or to assist us in analyzing how our Site and Service are used.  These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.


Compliance with Laws and Law Enforcement.  FitMountain cooperates with government and law enforcement officials and private parties to enforce and comply with the law.  We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of FitMountain or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.


Business Transfers.  FitMountain may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. 


Changing or Deleting Your Information


All registered users may review, update, correct or delete the Personal Information provided to us by contacting us.  If you completely delete all such information, then your account may become deactivated.  If you would like us to delete your account in our system, please contact us at [] with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request.  We may retain an archived copy of your records as required by law or for legitimate business purposes.




We will make any legally required disclosures of any  breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.


International Transfer


Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you are located outside the United States and choose to provide information to us, FitMountain transfers Personal Information to the United States and processes it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.


Links to Other Sites

Our Service may contain links to other websites.  The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.  We do not exercise control over third party websites.  These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.  Other sites follow different rules regarding the use or disclosure of the personal information you submit to them.  We encourage you to read the privacy policies or statements of the other websites you visit. 


Our Policy Toward Children

This Service is not directed to persons under 18.  We do not knowingly collect personally identifiable information from children under 13.   If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at  If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files. 


Contacting Us


If you have any questions about this Privacy Policy, please contact us at