TERMS & PRIVACY
Danielle Pascente Terms of Service and Privacy Policy
Effective Date: August 2024
This Terms and Conditions of Use Agreement (the “Agreement”) is between You, the user, and Danielle Pascente LLC, doing business as DPFIT (“DPFIT”, “DPFIT APP” “Our” or “We” interchangeably).
1. DESCRIPTION OF SERVICES: The DPFIT digital brand is comprised of an online fitness studio, a website, social media platforms, mobile applications, and other distribution platforms (the “Sites”) operated by DPFIT.
These Terms and Conditions are applicable to all users of DPFIT through its website www.DaniellePascente.com and its related domains, sub-domains, and mobile and desktop applications (individually and collectively the “Services”). These Terms govern your use of the DPFIT Sites, Services, including all functionalities, features, streaming services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by DPFIT.
DPFIT reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.
The Services include, but are not limited to:
DPFIT APP - a subscription “Membership” offering live and pre-recorded workouts, access to the community, and on-demand digital access to pre-recorded workouts in an extensive video library.
“Challenges”- access to past and future DPFIT challenges, which are limited duration workout programs, shared in a PDF format
“Events” – live in-person events with the DPFIT community
“Merchandise” – DPFIT branded apparel and goods
2. ACCEPTANCE OF TERMS: The Services are made available for a limited, personal, non-exclusive, non-commercial use only. The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices.
DPFIT has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to you. Any changes shall be effective immediately; you may see the most recent changes and version of this agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by you of the Sites and Services following the changes shall constitute your acceptance of such change.
3. USE OF THE PRODUCTS AND SERVICES: DPFIT is a fitness brand that offers online workouts and programs (individually and collectively, the “Programs”), that can be accessed via your user account (“Account”) through the third-party platform Sudor.
ACCOUNT: Upon first use of the Sites and Services, You will be prompted to create an Account, which will be password protected via a unique password which You create. Once created, your Account will provide You direct access to the Services and allow You to store and update billing and contact information.
REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to DPFIT You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current, and complete.
If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DPFIT reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, including those described in the Release of Liability, Agreement to Participate, and Assumption of Risk. You agree that by participating in a Program, You do so entirely at your own risk.
4. PAYMENTS: If You elect to access any component of the Sites and/or Services for which there is a fee, You agree to pay all fees and charges associated with such Service, via your account, on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged to your Account, as further described below. Each user agrees to maintain valid payment information as part of your account information when applicable.
TYPES OF PURCHASES: The Services may allow You to access certain content on a subscription, recurring basis (like the DPFIT App Membership), on a pay-per-access basis (on-demand content, Challenges, one-time events), or utilizing a discount code. Subject to your payment of any applicable fees, DPFIT grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to access and engage with such content.
By making a purchase, You expressly agree that DPFIT is authorized to charge your selected purchase on the payment method You designate. You can update change this information at any time in your account. Receipts are sent once the charge is successful to the registered email account.
PAYMENT PROCESSOR: Payments made on the Sites are processed by the hosting platform, Sudor, and the Apple App Store or Google Play store, depending how the Sites are accessed. Payments
MEMBERSHIP: The Membership to the DPFIT APP can be purchased in a one-time annual payment (recurring annually) or in pro-rated monthly installments (recurring monthly). Your payment amount will be reflected at checkout. In the event You enroll in a monthly payment plan and chose to upgrade to an annual payment plan, You will be billed in full for the pro-rated balance of the annual payment fee.
Membership Free Trial: The subscription-based DPFIT APP Membership is accessible with a 7-days “Free Trial.” If You chose to take advantage of the Free Trial of Membership the following terms apply: (1) Your Free Trial is valid for 7 days, starting the day You sign up; (2) You will have access to the DPFIT APP content library and workouts for the duration of the Free Trial; (3) You may cancel at any time during the 7 days with no penalty or payment owed through your Account; (4) You must enter You credit card at checkout to begin your Free Trial; (5) In the event that You do not cancel your Free Trial during the 7-day period, You will be billed on the 8th day for a 1-month membership in accordance with the below Autobill policy. That billing date will become the date which You are billed monthly or annually for your Membership, depending on your enrollment choice.
AUTOBILL: By subscribing to the DPFIT App Membership and related Services, You are enrolling in an auto-debit contract. You authorize DPFIT to, on a recurring basis (the same day of each month of your subscription) to automatically charge the payment method associated with your App Store or Play Store account. You understand and acknowledge that (1) DPFIT will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice. DPFIT may discontinue processing of recurring charges if it is unable to secure funds from your Account due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current payment method on file with accurate billing information. DPFIT cannot be held responsible for errors in processing due to expired or inaccurate information.
REFUND POLICY, CHARGEBACK POLICY: It is our intention for You to be happy with your participation in the Programs and Services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the Program, no refunds will be provided.
Unless otherwise provided by law, You acknowledge that all sales are final and DPFIT does not offer refunds for any portion of your payment for any of the Program or Services at any time, unless explicitly indicated otherwise at the time of purchase. By signing this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.
Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL materials purchased from DPFIT, including ALL GEG courses, AFM, and Services which You may have previously purchased. You will still remain contractually responsible for payment of the Program and Services in full.
MEMBERSHIP CANCELLATION: Your subscription to the DPFIT APP Membership will continue until You cancel it. You may cancel your Membership following the termination of a billing cycle – either monthly or annual – meaning You cannot cancel an annual Membership midway through your year. Or rather, You may, but there is no refund, per these Terms.
If You are enrolled in the Membership and chose to cancel, You must cancel through your Account, prior to the next billing date, which is the same calendar date / annual date as your original date of purchase/enrollment. When You cancel prior to the next billing date, You still maintain access to the paid Services through the end of your billing cycle – monthly or annually. If You do not cancel prior to your billing date (monthly or annually) You will be automatically billed, with no refund, for the subsequent billing cycle and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.
5. DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After making a purchase through DPFIT, You will be able to access products and services from your Account and/or via the email confirmation.
6. USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information you input or upload to the Sites and Services and represent and warrant that you have the right and authorization to register for the Sites and Services. DPFIT reserves the right in its sole discretion to decide whether the information you input, or upload is appropriate and complies with the terms of this Agreement, other DPFIT policies, and applicable laws and regulations.
If you register for the Sites and Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date.
PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, You may need a username and password. You agree to keep this information confidential and not share it with anyone else. If DPFIT has reasonable grounds to suspect that You have shared your login credentials with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, DPFIT has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the Sites will be assumed by DPFIT to be fraudulent use, and your account will be immediately canceled without a refund.
7. PERSONAL RESPONSIBILITY, DISCLAIMERS, RELEASE OF CLAIMS: You understand that physical exercise associated with the Services can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).
Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Further You expressly agree to release and discharge DPFIT and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that You may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
You agree that DPFIT will not be held responsible in any way for the information that You request or receive through the Program and/or Services, nor will DPFIT be responsible for how You use, apply, or engage with the information that You request or receive through the Program. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release DPFIT, in their individual capacity and legal capacity, and each of the Released Parties from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against DPFIT in the future that may arise from your participation in the Programs and Services, including all services and products, to the extent permitted by applicable law.
NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Programs and Services can be subjective and vary greatly depending upon circumstances and individual effort invested in the Program process. Enrollment in the Programs and Services do not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that DPFIT makes no guarantee, representation or warranty of any nature or kind that this Program will be effective or will result in any particular outcome. You agree that You will not hold the responsible, in whole or in part, for any result that You do or do not achieve.
8. HOSTING PLATFORM: The Sites are hosted on various servers and platforms, including but not limited to Sudor which is responsible for all login/account information and payment transactions. In the event of technical issues with your account, DPFIT refers You to Sudor support. DPFIT does not have access to your account details. If you would like more information regarding Sudor’s Privacy Policies and Terms of use, and how they how they collect and store information, we encourage You to visit their respective websites.
9. LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of DPFIT, and DPFIT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DPFIT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DPFIT of the site or any association with its operators.
10. USER CONDUCT: As a condition of your use of the Sites, you warrant to DPFIT that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. DPFIT specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the DPFIT.
NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from DPFIT. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
11. INTELLECTUAL PROPERTY: The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of DPFIT and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
DPFIT (which includes Danielle Pascente, LLC and the DPFIT APP) retains all ownership and intellectual property rights to the Services, Program content, and materials provided to You through the Services and Programs, including all copyrights and any trademarks belonging to DPFIT and related entities and individuals. The Program content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without our prior written permission.
COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by DPFIT (which includes Danielle Pascente, LLC and the DPFIT APP) and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and DPFIT may prosecute such misconduct to the fullest extent permitted by law.
TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by DPFIT (which includes Danielle Pascente, LLC and the DPFIT APP) or a use right has been granted to DPFIT. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of DPFIT, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
12. MATERIALS PROVIDED TO DPFIT OR POSTED ON THE SITES: DPFIT does not claim ownership of the materials You provide to DPFIT (including feedback, comments, and suggestions in community boards) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission You are granting DPFIT permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DPFIT is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of DPFIT.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
13. LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DPFIT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
DPFIT MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DPFIT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF DPFIT FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DPFIT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DPFIT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
14. TERMINATION AND ACCESS RESTRICTION: DPFIT reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. This includes access to an overall Service, like the DPFIT APP, or an individual part of the Service, like the DPFIT APP community boards.
15. PRIVACY POLICY: DPFIT respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference
16. GENERAL TERMS: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of Arizona, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Arizona, County of Maricopa, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Arizona, in the County of Maricopa.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DPFIT as a result of this agreement or use of the Sites. DPFIT performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DPFIT right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by DPFIT with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between You and DPFIT with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DPFIT with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from DPFIT related to the Program, Services, the Website, the DPFIT brand, and your participation in all of the above. By entering into this Agreement, You give DPFIT permission to email You, at the email address on file, regarding the same.
18. CONTACT: If you have any questions or concerns about this policy or any Services, products, or features, please don’t hesitate to contact us at: Danielle@DaniellePascente.com
Privacy Policy
Effective Date: August 2024
1. DESCRIPTION OF SERVICE: This Privacy Policy is intended to inform You, the user and client, about the information and data gathered by Danielle Pascente, LLC, doing business as DPFIT (“DPFIT,” “DPFIT APP,” “Us” or “We” interchangeably) when you use DPFIT website, mobile applications, services and other distribution platforms (the “Sites”), how We collect your information, what information We collect, how We store your information, and to the degree your information may be used. DPFIT takes your privacy seriously. We do not rent, sell, or share your personal information with third parties, except as listed and described below.
Our Sites and associated communications from Us may contain links to third-party sites, which are not subject to this Privacy Policy. We recommend that You read the privacy policy of any such sites that you visit. This Privacy Policy applies only to the Sites, as owned, and operated by DPFIT.
CONSENT: By visiting our Sites, You are consenting to the information collection, use, and sharing practices described in this Privacy Policy, as modified from time to time by us. If, for any reason, You do not agree with the content of this Privacy Policy, please stop using the Services and Sites. To access certain functionalities of the Sites, You will be required to register by providing certain information.
HOSTING PLATFORM: Part of the DPFIT Sites, specifically the DPFIT APP, are hosted with the third-party platforms, Sudor. Accordingly, some policies are dictated by Sudor’s Terms of Service and Privacy Policies.
WHAT THIS PRIVACY POLICY DOES NOT ADDRESS: This Privacy Policy does not address the data management process and policies of, and information usage policies of, other sites and/or integrations of which the Sites may be linked to, or on which a DPFIT service utilizes. Furthermore, this Privacy Policy does not address the data management practices and policies of, and information usage policies of other sites to which the Site may link or integrate with, as it relates to those third-party site’s compliance with federal laws and regulations.
2. DATA COLLECTION & USE: We only collect the personal data that You choose to provide during your registration process. As part of the registration process to use DPFIT services You need to provide Us with your full name, billing and mailing addresses, email address, phone number, and billing information, including payment processing data, and account information. You may elect to not provide any of the above information, but You will then not be able to use DPFIT Sites, services, or certain features.
3. INFORMATION AND ANALYTICS WE COLLECT: The information We collect from visitors to our Sites depends on how You chose to interact with us through the Sites. For example, You may browse the Sites without providing personal information; however, using our full range of services involves providing personal information.
For purposes of this Privacy Policy, “Personal Information” is information that can be used to identify You, such as your name, address, email address, or billing information. When You register with Us and sign into our Sites, You are not anonymous to Us.
We collect and store certain information about your interaction with DPFIT website and services, including cookies, IP Addresses, browser type, device type, location, Internet service provider (ISP), entry and exit pages, operating systems, time/date stamps, and other related data. DPFIT uses this information, only to improve the quality of our services and products.
The following is a list of types of information we may collect and ways in which it is collected:
Identity Data You Provide. When You sign up for a service that requires registration or payment, We ask you for Personal Information including your name, birth date, gender, email address, and billing address You chose to share with Us. We also collect information You provide when requesting a service, and this information may, among other things, include personal information or reveal details about your preferences. We typically store and maintain the information collected
Content and Device Data: We collect information regarding what content is stored on your mobile device, the details of your mobile device, and your mobile operating system.
Financial and Transaction Data: We collect information including your payment methods providing to the App Store or Play Store, and details of other services Your have purchased from Us.
User Communications. When You send email or other communications to DPFIT, We retain those communications to process your request and improve our service.
Logged Information: We automatically collect and store some information that You do not actively provide, such as your internet protocol (IP) address, software, and hardware attributes such as your browser type, the date and time of your visit, and the last website you visited prior to visiting the Sites. This information is used to enhance the services We provide to You.
Location Data: We collect location data, including your current location as disclosed by GPS technology.
Cookies. When You visit the Sites, We send one or more cookies (that is, small text files) to your computer that uniquely identifies your browser. Most browsers are initially set up to accept cookies, but You can change your browser’s settings to refuse all cookies or to indicate when a cookie is being sent. Cookies may contain account information such as your username and password if You opt in to the automatic login option. Note that if You choose to decline cookies via your browser, You will have some limitations in using DPFIT services.
Other Internet Technology. We may use other technology, such as pixel tags and web beacons, to track use of our Sites. We may also include web beacons in email messages, newsletters, or other communications to determine whether messages have been opened and acted upon.
4. HOW WE USE THE INFORMATION WE COLLECT: In general, DPFIT and third-party hosting app, Sudor, uses personal and other information collected through the Sites to fulfill your requests for services, contact you, customize content, and improve our services. More specifically, We use personal and other information as follows:
Provide Services. Personal and other information is anonymously shared with our selected suppliers, service providers and partner sites in connection with providing services to you. For example, We may provide such information to third parties in connection with operating and maintaining the Sites, fulfilling your requests for services, processing credit card payments (if applicable), performing business and sales analysis, and offering contests or conducting surveys.
Communicate. We use your personal information to communicate with You generally, for example to respond to a query from You, or to provide You with updates or information concerning our services or the services of other companies that We believe You may be interested in. For information regarding opting out of some of these communications, please see “Your Choices” below.
Improve Usability. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people use the Sites. We also use other Internet technology, as described above under “Information We Collect.”
Complying with the Law: We disclose personal and other information if We have a good-faith belief that the disclosure is reasonably necessary to comply with the law, legal process or an enforceable government request; to enforce applicable terms of use for our services; to detect, prevent or otherwise address illegal activity, fraud, or security issues; or to protect the property or safety of our users, DPFIT, or the public as required or permitted by law.
Business Transaction: We may disclose your personal data to third parties in the event (1) We sell or buy business assets, and/or (2) if the hosting platform, Sudor, is acquired by a third-party, at which point We/Sudor may disclose your personal data to the prospective seller or buyer as part of the transaction.
Marketing: We may use your person data to contact You about our latest news, our products, and/or our Services (as further defined in the Terms and Conditions). You will receive marketing communications from Us if You have (1) subscribed to receive marketing communications from Us, or (2) purchased our Services and You have not opted out of receiving that marketing when You provide us with your email address. Note: to unsubscribe from marketing emails You may click the ‘unsubscribe’ link at the bottom of any marketing email.
5. HOW LONG WE KEEP YOUR PERSONAL DATA: We will hold your personal information on our systems only for as long as required to provide You with the services you have requested, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if We reasonably believe there is a prospect of litigation in respect to Our relationship with You. In some circumstances (1) You can ask us to delete your data: see ‘Your Choices below for further information; or (2) We may anonymize your personal data (so that it can no longer be associated with You) for research or statistical purposes, in which case We may use this information indefinitely without further notice to You.
6. YOUR CHOICES: As a user of the Sites, You have the following options:
Account Review. If you have an account with Us, You can review, update, and/or correct your account information (such as your name and contact information) online by making the appropriate selections or changes. We make good faith efforts to provide You with access to your personal information and the ability to correct the information if it is inaccurate or to delete it at your request (if it is not required to be retained by law or for legitimate business purposes). We require users to reliably identify themselves and the information they wish to access, correct, or remove before processing these requests, and We may decline to process requests that We believe in good faith are unreasonable or unduly burdensome (such as requests that are repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical to satisfy).
Service Review. You can add, edit, pause, or remove services that You have subscribed to by logging into the Sites.
Deactivate Account. You can deactivate your account with Us at any time by making the appropriate selections. If You deactivate your account and later wish to reopen it and again receive services from Us, You may be required to re-enter your account information and re-subscribe to any services you wish to receive. However, if You deactivate your account, We may retain certain information associated with your account for record keeping. Further, We generally do not remove information that You have made publicly available, and information that has already been provided to third parties as described in this Privacy Policy may be retained by those third parties and will be subject to their policies, and not this Privacy Policy.
Opt-Out. If We propose to use personal information for any purposes other than those described in this Privacy Policy, We will offer You an effective way to opt out of the use of personal information for those other purposes. We do reserve the right to contact you on matters that We believe in good faith to be urgent or of particular importance even if You opt out from other communications, but these would not include marketing communications. You can exercise that right by contacting us at Danielle@DaniellePascente.com or Support@Sudor.fit
6. EMAIL NOTICES: When You register to use DPFIT services or by purchasing any products from a vendor using DPFIT services, your email will automatically be listed in DPFIT mailing list. You will receive welcome information, account information, and other marketing related information related to DPFIT services and the products you viewed and purchased. You may also receive periodic emails from us notifying you of new features, products, titles, and other related information for DPFIT services.
You may choose to opt out of receiving emails from DPFIT, but if You choose to do so, You may not receive technical support requests, account updates and notifications, product updates, security updates or updates to the Terms of Services of DPFIT as well as updates to Privacy Policy of DPFIT.
7. BUSINESS TRANSITIONS: In the event of DPFIT goes through a business transition, such as a merger, acquisition by or with another company, including partial or all assets, any personally identifiable information We have on record will likely be transferred with the transition.
8. SECURITY: We, through our hosting platform Sudor, employ and protect all data with SSL encryption and other security measures to ensure you that your data is protected and safe. However please be advised that while we take extra measures to protect your data and integrity of your information, We cannot guarantee that our security measures will prevent unauthorized access from occurring on either the user end, or the hosting platform end. We strongly suggest You take the proper steps to maintain the security of your account information. We highly recommend that you set a secure password for your registered account with DPFIT to ensure others from easily guessing your password.
At any time if You forget your account information, You may log back onto DPFIT website and click forgot login on the login area screen, a password reset link will be emailed to You with further steps to reset your account info.
9. CHANGES TO OUR PRIVACY POLICY: We may update this Privacy Policy from time to time. As You are a registered DPFIT user, We will attempt to inform You of any material changes by email. Otherwise, please check back frequently on the website for the latest and most updated privacy policy posted. DPFIT provides You with the opportunity to review, remove and modify any personal information that You provided previously under the Data Protection Act 1998, please contact Us directly by email to make changes to your personal information. You may also update your personal information by logging into your DPFIT account and updating your details by clicking your username at the top right of the page then clicking Settings.
10. CONTACT INFORMATION: If You have any questions or concerns about this policy or any DPFIT services products, services, or features, please don’t hesitate to contact us at Danielle@DaniellePascente.com