Privacy Policy

Last updated: March 14, 2022

Smart Tools Plus, LLC (together with our affiliates, "SmartTools", “we”, or “us”) has adopted this Privacy Policy (the “Policy”) to let you know how we treat the information that we collect from you, how that information is used, with whom we share it, and your choices about such uses and disclosures, in connection with your access to and use of our equipment and devices, including associated firmware, applications, software, websites, APIs, products, and services (collectively, the “Services”). This Policy supplements and forms a part of SmartTools’s Terms of Use (the “Terms” and, collectively with this Policy and all other terms applicable to you, the “Agreement”). Capitalized terms not defined here have the meanings given to them in the Terms. When you use any part of the SmartTools Service, including by browsing the SmartTools website or downloading and using the SmartTools mobile application(s), you are consenting to the collection, transfer, storage, disclosure and other uses of your information as described in this Policy. This Policy does not apply to the practices of third parties that we do not own or control, including third party websites, services and applications that you elect to access in connection with the SmartTools Service, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those third party services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those third party services. We encourage you to carefully review the privacy policies of any third party services that you access. If you have any questions about our privacy practices, please refer to the end of this Policy for information on how to contact us.

Information We Collect About You

In General. We collect both information that can be used to identify individuals ("Personal Data") and information that does not allow us to identify individuals (“Non-Personal Data”) from you as described in greater detail below. Purchases. If you choose to purchase SmartTools products or services from us, including fitness equipment and accessories, we may collect some or all of the following information:

• Full name;
• Email address;
• Mailing address;
• Phone number;
• Purchase Information (as defined below); and
• Other information as may be necessary or requested.

Account Creation. In addition, you may be given the opportunity to create an account with a username and password. You should keep these credentials secure and not share them with anyone. As part of your creation of an account (or thereafter), we may ask that you voluntarily provide us with additional information to better provide the SmartTools Service, including but not limited to your name, image, birth date, age, email and physical address, telephone number, gender, contact lists, social media information and profile, location (GPS) information, activity and performance information. You acknowledge that this information may be personal to you, and by creating an account and providing such information, or by linking such information to your personal social media accounts, you allow others, including SmartTools, to identify you and therefore you may not be anonymous. SmartTools user profiles are available to view by SmartTools. Content that you post on, through, or in connection with the SmartTools Service, including on third party services, such as your social media accounts, may also be public.

We may associate this information with other Personal Data that you have provided in order to provide and improve the SmartTools Service and as otherwise described in this Policy.

Purchase Information. If you choose to purchase SmartTools products or services, you may be asked to provide your payment information, such as a credit card number, billing address, and/or other related information that may be required from you to complete your purchase ("Purchase Information"). Unless we tell you otherwise at the time of your purchase, we do not collect, store or maintain your Purchase Information. For purchases made through the SmartTools Service, we provide a gateway to our third party payment processor, Clover Network, Inc., (“Clover”) who will collect that information and process your payment; the use and storage of your Purchase Information in such situations is governed by Clover's terms, conditions and privacy policies. Our treatment of any Purchase Information that we may process on your behalf, or that we receive from Clover, is subject to this Policy.

Information Collected via Technology IP and Device Identifiers. The SmartTools Service automatically collects usage information, such as the number and frequency of visitors to and users of the SmartTools Service. This type of data enables us and third parties authorized by us to figure out how often individuals use parts of the SmartTools Service and learn more about our users' demographics and behaviors, so that we can analyze, operate and improve the SmartTools Service.

Cookies and Web Beacons. When you visit or use the SmartTools Service, we may automatically collect information from your web browser, including your IP address, and may assign your computer one or more cookies to facilitate access to the SmartTools Service and to analyze and personalize your online experience. Cookies may automatically collect information about your online activity on the SmartTools Service, such as the web pages you visit, the links you click, and the searches you conduct on our website. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use some of the interactive features we offer. We may also use other standard Internet technologies, such as web beacons, to track your use of a SmartTools Service. Web beacons allow ad networks to provide anonymized and aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these advertising companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. This Policy covers our use of cookies and similar technologies only and does not cover uses by third parties.

Social Networks. You can interact with your accounts on other social media services, such as Facebook (each, an “SMS”), in connection with your use of the SmartTools Service. For example, you may be able to access posting and sharing tools on the SmartTools Service that allow you to post information to an SMS. By using these tools, you acknowledge that some account information may be transmitted from the applicable SMS account to us; our treatment of that information is covered by this Policy. Additionally, when you use one of these tools, the SMS may be collecting information about your online activity through its own tracking technologies, subject to its own privacy policy. We encourage you to read the privacy and other policies of any SMS you use in connection with the SmartTools Service.

Flash LSOs. When we post videos, third parties may use local shared objects, known as flash cookies, to store your preferences for volume control or to personalize certain video features. Flash cookies are different from browser cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove flash cookies. To learn how to manage privacy and storage settings for flash cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

Information Collected From other SmartTools Interactions and Third Parties We may combine information you give us with other information from SmartTools sources, transactions and communications. This may include, but is not limited to, information from SmartTools online transactions, recovery centers, direct mail, catalogs, events, products and applications, or other SmartTools interactions. We may also combine that information with data that is publicly available and data from third parties.

How We Use the Information We Collect

In general. We may use information that we collect about you to:

• Provide your use of the SmartTools Service;
• provide you with the SmartTools Service and any products that you purchase from us;
• to enhance or supplement the SmartTools Service;
• to communicate with you regarding the status of any orders of the SmartTools Service and to respond to your inquiries, including for customer support;
• perform research and analysis about your use of, or interest in, the SmartTools Service;
• administer contests, promotions, events, surveys or other features;
• send you marketing communications about our products and services; and
• perform functions as otherwise described to you in this Policy or at the time of collection.

Aggregate Data

We may use and share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

With Whom We Share Your Information

We do not share your personal information with any third parties without your consent, except as may be necessary to deliver email messages to you, provide analytics and systems analysis for our internal use, process your payment information and/or provide other products and services that you have requested from us, or as further described in this section.Public Information. Please remember that any content you voluntarily disclose in a manner that other users can view, can be collected and used by any SmartTools user. Content that you post publicly on, through, or in connection with the SmartTools Service, including on third party services such as an SMS, may also be public.Agents. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you, such as, for example, our warranty service providers and payment processor. Unless we explicitly inform you in advance, including as set forth in this Policy, our agents do not have the right to use Personal Data we share with them beyond what is necessary to assist us.Purchase Information. As described above, unless we tell you otherwise at the time you provide Purchase Information, we do not store, process or maintain Purchase Information. The use and storage of your Purchase Information is governed by our payment processor's and/or financing partner's terms, conditions and privacy policies.Marketing Partners. Only where users have specifically and actively “opted-in” for such uses, we may share information gathered from users with carefully selected third party vendors, who assist us in marketing products and services. These vendors may assist us and other parties with customer research, management of customer and prospective customer databases, promotional mailings or other targeted promotions. The information shared may include your name, contact information, and transaction history. You may withdraw permission for such uses at any time by contacting us using the methods described below.Advertising and Analytics Services Provided by Others. We may use analytics services to analyze how you interact and engage with the SmartTools Service so we can learn and make enhancements to offer you a better experience. We also allow others to serve advertisements on our behalf across the Internet. These entities may use cookies, web beacons and other technologies to collect information about you. This information may be used by us and others to, among other things, analyze and track data, determine the popularity or effectiveness of certain content, deliver advertising and content targeted to your interests, and better understand your online activity.User Testimonials and Feedback. Users of the SmartTools Service can write testimonials and comments through the Service. Such content is publicly available, though we reserve the right to not publish any content submitted. When we publish this content, we may identify our users by their first name, last initial and location. You should be aware that any Personal Data you submit in a testimonial can be read, collected, or used by other users, and could be used to send you unsolicited messages. We are not responsible for the Personal Data you choose to submit in reviews.Other Situations. We may also disclose your information:

• In response to a subpoena or similar investigative demand, court order, or request for cooperation from law enforcement or other government agencies; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
• In connection with a corporate transaction, such as the sale of our business or offering of securities, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. In any of these cases user information, including Personal Data, could be one of the assets transferred to or acquired or accessed by a third party.
• We may access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with any law or order as described above, to enforce or apply the Agreement, or to protect the rights, property, or safety of SmartTools, our employees, our users, or others.

Your Choices Regarding Your Information

You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of the features of the SmartTools Service. Opt Outs.

• Emails. If you have provided us with your email address and you would like to stop receiving our marketing emails, click on the “unsubscribe” link at the bottom of any of our email communications. It may take up to 72 hours to process your unsubscribe request.
• Calls and Texts. We will call or text you only as required to provide customer service (i.e., to coordinate delivery or respond to your questions about the SmartTools Service). While you may choose not to provide text or phone information, doing so may impair our ability to respond to your requests or provide services. We do not make any marketing communications via text or phone.

Please note that even if you opt out of receiving marketing communications from us, we may contact you for non-marketing reasons related to the SmartTools Service, such as for password recovery purposes or service calls that you have requested. Accounts. If you have signed up for an account, then you may access your SmartTools account at any time once logged on, and you may modify, update and change your account settings through your account on the mobile application. When you update information, we may maintain a copy of the unrevised information in our records. You can also delete your account by emailing us at info@smarttoolsplus.com. Please note that we will need to verify that you have the authority to delete the account, and activity generated prior to deletion will remain stored by us. Also, some information may remain in our records after your deletion of such information from your account, and public activity on your account prior to deletion may remain publicly accessible. Do Not Track Policy. Through cookies we place on your browser or device, we may collect information about your online activity after you leave the SmartTools Service. Just like any other usage information we collect, this information allows us to improve the SmartTools Service, customize your experience, and perform the other activities described in this Policy. Your browser may offer a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. The SmartTools Service does not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the SmartTools Service and after you leave our properties. Remember that this is just our Do Not Track policy, and we can't and don't make any promises about how third parties react when you set this signal on your browser. Notice to California Residents. California residents are entitled to ask us for a notice that identifies the categories of personal information that we share with third parties for marketing purposes and that provides contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the mailing address at the bottom of this Policy. Telephone requests cannot be accepted. Please note that our response will include only information about our sharing practices for information covered by the law.

How We Protect Your Personal Information

We take legally mandated and commercially reasonable security measures (including physical, electronic and procedural measures) to help safeguard Personal Data from unauthorized access and disclosure. For example, only authorized employees are permitted to access Personal Data, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of Personal Data between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to personal information. Your account is also protected by a password for your privacy and security and you must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately, limiting access to the SmartTools Service to only individuals authorized to do so (i.e., members of your household), and by signing off after you have finished accessing your account. Please keep in mind, however, that no method of storage or transmission over the Internet is completely secure, so your use of the SmartTools Service and provision of information to us is at your own risk.

Children's Privacy

The SmartTools Service is intended for a general audience, and we do not knowingly collect personal information from children under the age of 13. If you are under 13, please do not attempt to register for the SmartTools Service or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Data, please contact us at the address at the end of this Policy.

Visiting Our Websites from Outside the United States

This Policy is intended to cover collection of information from residents of the United States. If you are accessing the SmartTools Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located. The data protection and other laws of the United States might not be as comprehensive as those in your country.

Changes to this Policy

We may update this Policy to reflect changes in our practices and services. When we make changes to this Policy, we will at a minimum revise the “last updated” date at the top of this Policy when we post the new Policy. If you use the SmartTools Service after changes to the Policy have been posted, you are agreeing to all of those changes. How to Contact Us If you have any questions about this Policy or our information handling practices, please contact us by email or postal mail at the below addresses:

Smart Tools Plus, LLC, 20636 Castlemaine Circle, Strongsville, OH, 44149 or info@smarttoolsplus.com.