Information Collected by this Site
FERRIGNOFIT.COM is an informational website that provides health and fitness news, programs, videos, meal plans, products, advice and consultation. To facilitate the relationship of the User with Ferrigno FIT and its Online Services, Ferrigno FIT collects two types of data: personal data submitted by Users, to include personal information such as names, e-mail addresses and other information specific to services either requested or provided; and non-personal aggregate data such as traffic volume and usage patterns.
Personal data is gathered when Users voluntarily provide personal information to the Website, for example, when requesting registration to or using the Online Services, registering for contests or promotional opportunities, answering surveys, purchasing goods and merchandise or registering for email or other services. Personal data is also gathered when Users provide personal information to Ferrigno FIT by email, telephone, profile inbox, Skype and online chat. Personal data is gathered automatically when Users visit the Website (please see “Aggregate Data” section below). Additionally, personal data is gathered from third Parties, including, but not limited to, verification services, payment processing services and other online and offline sources.
The information Ferrigno FIT collects may include: first name, last name, city, state, address, ZIP code, telephone number, e-mail address, username, password, and any and all other information specific to the service either requested or provided. Ferrigno FIT may also collect anonymous demographic information, not unique to Users, such as age, gender and household income. Should Users register with the Website and/or its Online Services, Ferrigno FIT may collect the User’s credit card information and billing address. Registering for the Website and/or Online Services is voluntary.
Any information submitted by a User through a Website blog, message board, chat room or any other online thread (“Forum”) may be read, collected, or used by other users of these Forums, and may be used to send unsolicited messages. Ferrigno FIT shall not be held responsible or liable for the submission or resulting use of such information.
Ferrigno FIT limits the collection and use of User information to the minimum required to develop and deliver its services and to fulfill any and all legal requirements. Providing information is voluntary and Users can always choose not to provide it by choosing not to use the Website and/or Online Services. Users may browse the Website without disclosing any personal information. However, registration of the Website and/or participation in Online Services may require Users to provide personal information.
The names of contest winners and participants may be used in connection with promotions. Names and other personal information may also be released to the sponsors of contests for the sponsors’ use in connection with the promotion. By entering a contest or promotion, Users consent to the release of such personal information to the contest or promotion sponsor.
Direct disclosure of individually identifying information or personally sensitive data through a User’s home page, linked sites, or other Forum may make such information available for the use and collection by others. Ferrigno FIT encourages Users to review the privacy statements of websites they choose to link from the Website to understand how those websites collect, use and share information about Users and/or their computer. Ferrigno FIT is not responsible for the data collection, data usage, privacy statements or content on other websites.
Ferrigno FIT may communicate with Users from time to time about promotions, offers or contests, conduct surveys about User opinions of Ferrigno FIT, its staff, performance, Website or Online Service. If Users do not wish to receive these communications they may contact Ferrigno FIT or choose to “opt-out” of receiving such communication during the registration process. Only authorized staff of Ferrigno FIT has access to User personal information in its entirety. Other staff may have access to portions of this information as it pertains to the duties and functions of their job.
Aggregate data includes information about User traffic on the Website, such as which pages are being visited, the order in which the pages are being visited, which hyperlinks are being ‘clicked’, and how many Users are visiting the Website. Information about a User’s computer hardware and software may be collected automatically by the Website, to include browser type, operating system, domain names, access times, and bandwidth speeds. The Website may also log IP addresses of its Users. While logging IP addresses does not collect personal information, it may provide information on the geographical location from which Users access the site. This aggregate data is not used to identify individual Users. Instead, it is used to identify Website Users as a whole, including demographic information and preferences in content and advertising, maintain quality of service, and web traffic patterns.
This Website may place small files, called ‘cookies’ onto a User’s computer. Cookies are data files that websites write onto computer hard drive for record keeping purposes when Users visit them. The cookie file then identifies the User as a unique user. As a convenience feature, cookies simplify the process of recording personal information, so that, for example, Users do not have to enter names, addresses or passwords repeatedly. Cookies also allow Users to customize some Website features.
Users can program their browser not to accept cookies, but in doing so, may be unable to access some parts of the Website, and the Website will not be able to customize features according to a User’s preferences.
Information Selection and Security
Ferrigno FIT may retain User information for an indefinite length of time, unless required by law to delete such information from Ferrigno FIT’s database. Ferrigno FIT will respond to User requests to delete or correct personal information. User accounts are password-protected so that only Users and authorized staff of Ferrigno FIT have access to such account information. To maintain this protection, Users should not give their password to anyone. If Users are contacted by an individual or entity who represents themselves as Ferrigno FIT staff and asks for any personal information, including a User’s password, Users should check the URL of such individual or entity. If the URL is not a @ferrignofit.com address, the User should not provide such information. Users should always sign out of their Website account and close their browser window to ensure account security protection.
Ferrigno FIT makes every effort to ensure that User information is secure on its system through the use of firewalls. Extremely sensitive information, such as credit card information, is always transmitted in encrypted form. Unfortunately, no data transmission over the Internet is guaranteed to be completely secure. As such, Ferrigno FIT cannot guarantee the security of User information, and thereby, Users transmit such information at their own risk. While Ferrigno FIT will use commercially reasonable efforts to ensure the security of all sensitive and personal information, Ferrigno FIT expressly disclaims any and all liability for any unauthorized access to or use of its secure servers and/or any and all personal and/or financial information stored therein, and User agrees to hold Ferrigno FIT harmless for any and all damages that may result therefrom.
Users may deactivate their Ferrigno FIT account at any time. Upon account deactivation, Ferrigno FIT will disable the User’s profile, but any and all User information publicly provided will remain on the Website. Ferrigno FIT is not required to remove or edit any such information resulting from User publishing such information.
Children’s Online Privacy Protection Act Compliance
While the Website and/or Online Services are restricted to Users age eighteen (18) years and older, Ferrigno FIT recognizes that as the operator of a website where the collection of children’s individually identifying information may occur, Ferrigno FIT complies with the Children’s Online Privacy Protection Act (COPPA). Such compliance includes specifying when and how Ferrigno FIT obtains verifiable consent from the parents of children whose information is collected, and the responsibilities of Ferrigno FIT in protecting the privacy and safety of children in an online environment. Ferrigno FIT has provided a clear, prominent and distinguishable link to this Privacy Notice on the Website’s home page, registration page, and each additional page where Ferrigno FIT collects personal information.
COPPA regulations apply to any and all individually identifiable information collected online from or about a child, to include the interests and hobbies of the child, or any other information that would allow another person to identify, contact or locate the child. The individually identifying information may be collected either directly from the parent or passively through cookies or other types of tracking mechanisms. Ferrigno FIT uses individually identifying information to develop and deliver its services and to fulfill legal requirements, as well as to notify the User from time to time. Any and all individually identifying information collected shall not be used for marketing or advertising purposes. Any and all individually identifying information collected shall not be disclosed to any third Parties, except for instances where it is necessary to verify such information. When verifying information, Ferrigno FIT requires agreement by the third Party to maintain the confidentiality and security of the individually identifying information.
In the instance where a child’s individually identifiable information may be collected through the Site and/or Services, it shall be by:
- Ferrigno FIT
- P.O. Box 642797
- Los Angeles, CA 90064
As a parent providing individually identifiable information about a child, Users have the option to agree to the collection and use of the child’s information without consenting to the disclosure of the information to third Parties. Ferrigno FIT will not request individually identifying information about a child, but should there be an instance where such information is collected, Ferrigno FIT does not require the disclosure of more individually identifying information about the child than is reasonably necessary to participate in the Website and/or Online Services. As a parent Users have the right to review and delete all individually identifiable information that has been provided, as well as the right not to provide any further information. The Website is available for use only by persons over the age of eighteen (18), therefore as a parent providing information about their child, Users hereby consent to the collection of such information.
Under Section 5 of the FTC Act it is a deceptive practice to represent that a Website collects individually identifying information from a child for one reason when the information will be used for another reason that a parent would find material – and when the Website does not disclose the other reason clearly and prominently.
Please note that chat rooms, forums, message boards, and/or new groups may be available on this Website. Any information disclosed in these areas becomes public information and Users must exercise caution and discretion when deciding to disclose personal information.
Residents of the State of California may request a list of all third Parties to whom this Website has disclosed certain information for the third Parties’ direct marketing purposes during the preceding year. If User is a California resident and would like a copy of this list, please contact Lou Ferrigno at firstname.lastname@example.org. For all requests, Users must insert the phrase “Your California Privacy Rights” in the body of the request and include the name of the website, the User’s name, street address, city, state and zip code. Lou Ferrigno will not accept requests via telephone, mail, or by facsimile, and shall not be held responsible for notices incomplete or improperly labeled.