Privacy

Fit Bags, Inc. Privacy Policy

At Fit Bags, Inc. (DBA Fitmark)("Fitmark"), we understand that privacy is important to you, and we are committed to respecting your privacy when you visit any Fitmark website such as Fitmarkbags.com (collectively referred to herein as the "Site"). The following Privacy Policy is designed to help you better understand what information we gather from you through our Site and our on-line services, how we use and disclose this information, and who we might share this information with.

This Privacy Policy may be changed or updated from time to time in Fitmark's sole discretion and any changes or updates will become effective immediately upon receipt of an electronic notification (e-mail, text message, etc.) from Fitmark or upon the posting of the new Privacy Policy on the Site with a link from the Site's homepage.

By visiting this Site, and/or by using any of the on-line services made available on this Site (e.g., purchasing merchandise, posting, uploading, sharing, engaging in activities on or through the Site), you are accepting the practices described in this Privacy Policy and expressly consent to our collection, use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of our Terms and Conditions. Unless otherwise specifically stated on another website owned or operated by Fitmark, this Privacy Policy applies to all Sites operated or controlled by Fitmark.

General Information Collection and Use

Our primary goals in collecting personal information are (1) to process any orders you might place with us for merchandise, (2) to provide you with a smooth, efficient, and customized experience, (3) to send you information upon your request, (4) to conduct demographic analysis, (5) to ensure the Site's functionality works as intended now or in the future, (6) to ensure users are using the Site properly and for its intended purposes (e.g., no users are attempting to circumvent our security measures to manipulate the offerings made available via the Site) and (7) to communicate with you about our products and the Site and your participation within it.

For example, we may use your personal information (a) to allow you to purchase and download Fitmark products (e.g., billing and shipping information, credit card information, etc.); (b) for license reporting and assessment of Site service levels; (c) to better understand on an aggregated basis how our products and services are used, gauge traffic patterns and determine what types of content and services are most popular with users of our products and services; (d) to verify access rights to content, services or software; (e) to provide you with information about Fitmark products, services, news and events through the Site or e-mail; and/or (f) to provide you with personalized content and services.

In addition, we may use such information to improve our marketing and promotional efforts, to analyze site usage, to improve our content and product offerings, and to customize our Site's content, layout and services.

Personally Identifiable Information

When you choose to purchase a product through our Site or become a member of the Site (or a portion of the Site), you provide us account information that may include, without limitation: (a) your billing information, mailing/shipping address, credit card information and other information required to process your purchase and enable us to deliver our products to you; (b) your username and private password required in order to provide you with the ability to use features of the Site, (c) information we deem reasonable or necessary to confirm your identity and to ensure your compliance with our Terms of Use (inclusive of our Terms of Sale Policy, and (d) profiles created by you to store contact information about yourself (e.g., your name, your e-mail address, your phone number, credit card information, your address, etc.). We use your information to enable you to use the Site, buy, exchange, and/or return products via the Site, and to ensure compliance with our Site's Terms of Use and with all applicable laws.

For example, your account information is stored on servers under the control of Fitmark and if you forget your log-in password or transaction number, you will be asked to enter your e-mail address on record with Fitmark in order to gain access to the Site as a member or obtain your transaction number to track your order(s). Moreover, we collect additional information from you when you provide us with on-line comments or feedback via our Site or post information about yourself or others to our Site. This information, if any, is available to others accessing the Site. We work to process and maintain accurately the information that you share with us and will use commercially reasonable efforts to allow you the ability to change or modify your user information in order to enhance your ability to use our Site; provided, however, as stated below in "Activity Visibility" you must understand that once you post any information in the publicly accessible portion of the Site, that information will remain on the Site and we will not remove.

Cookies

"Cookies" are small files placed on your hard drive; each website can send its own cookie to your browser if your browser preferences allow it. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.) You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Site. Cookies help us to provide customized services and information to our users. For example, we use cookies to tell us how and when pages in our Site are visited, what our users' technology preferences are, and whether our Site is functioning properly. Additionally, you may encounter cookies or other similar devices on our site that are placed by third parties. We do not control the use of cookies by third parties.

Log Files

Like most Internet services, we use log files on the server side. The data held in log files includes items such as your IP address, browser type, e-mail application, Internet service provider ("ISP"), referring/exit Web pages, computer platform type, date/time stamp, and user activity. Fitmark uses server log data to analyze trends, administer the services offered through the Site and the Site. IP addresses typically are not tied to any personally identifiable information. The software enabling the Site has associated log and temporary files that are stored on Fitmark's servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on the Site. Your information may also exist within regularly performed server backups.

Security

We are concerned about the security of personal information collected from all users of our Site and have taken reasonable steps to prevent unauthorized access to that information. We care about the security related to your use of the Site and use standard industry practices to safeguard your personally identifiable and financial information. For example, we have implemented a SSL Certificate to try to maintain the security of your payment information. While we employ security techniques to protect your personally identifiable and financial information from unauthorized access by users inside and outside the organization, you should be aware, that "perfect security" does not exist on the Internet; third parties may unlawfully or improperly intercept or access transmissions, personal information, financial information, or private communications. As such, we cannot be responsible for the actions of third party "hackers" or other unauthorized persons that attempt to access data stored by or on behalf of us.

Sharing Information

As a matter of policy, we will not sell or rent information about you and we will not disclose information about you in a manner inconsistent with this Privacy Policy except as required by law or government regulation. We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights. WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.

You Must Be 18 or Older to Register At This Site

Although we encourage children to learn more about our products and our company, we ask that children under 18 do so only with parental supervision. Moreover, we will never knowingly request personally identifiable information from anyone under the age of 14 without prior verifiable parental consent. If we become aware that a child under 14 has provided us with personally identifiable information without verifiable parental consent, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without verifiable parental consent, he or she should contact us at info@fitmarkbags.com

Other Information Collectors. Please note that this Privacy Policy applies only to this Site and Sites owned or operated by Fitmark and not to other companies' or organizations' websites (a) to which we link, (b) that advertise through this Site, or (c) to the websites of our partners. We do not control the privacy policies of others. We encourage you to ask questions before you disclose your personal information to others.

Your California Privacy Rights

Users who reside in California can prevent future disclosures for direct marketing purposes of his or her personally identifiable information, at no charge, by exercising his or her "opt out" rights by using the "opt out" procedures described below:

  1. You can send email to: info@fitmarkbags.com or
  2. You can send mail to the following postal address:

Fit Bags, Inc.
Attn: Privacy Policy Agent
1350 Bayshore Hwy Suite 665
Burlingame, CA 94010

Telephone: 855-328-4348
Fax: 415.871.2251

Additionally, upon receipt of any electronic communication from Fitmark, to unsubscribe from future communications, you can click on the link that says words substantially to the effect of "If you do not wish to receive these emails in the future, you can click here to unsubscribe."

Because Fitmark provides its California users with the ability to exercise his or her "opt out" rights as described above, pursuant to Section 1798.83 (c)(2) of the California Civil Code, Fitmark is in compliance with the California "Shine the Light" law and is not obligated to provide California users with the names and addresses of all the third parties that received personal information from Fitmark for the third parties' direct marketing purposes during the preceding calendar year.

Governing Law

You agree that your use of this Site, this Privacy Policy and any disputes relating thereto, shall be governed in all respects by the laws of the State of California. Any dispute relating to this Privacy Policy shall be resolved solely in the state or federal courts located in the County of San Francisco within the State of California.

Thank you for visiting our site. Please contact us at info@fitmarkbags.com if you have any questions about our Site or our Privacy Policy.

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