School & District Registration
1-800-515-3670 (Toll Free)
DailyFitlog.us is listed by the kidSAFE Seal Program.

DAILYFITLOG.COM PRIVACY POLICY

Welcome to the Dailyfitlog.com website ("www.dailyfitlog.us" or the "Site"), which is owned and operated by DailyFitlog.us, LLC ("DFL", "our", "us" or "we"). Your privacy is important to us and we have prepared this privacy policy (this "Privacy Policy") to explain to you how DFL collects, uses, and discloses information about you. By using the Site, you explicitly consent to the collection, use and disclosure of your information as outlined in this Privacy Policy. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us using the information provided at the end of this Privacy Policy. As noted below, this Privacy Policy includes Schedule A, which is incorporated into this Privacy Policy by this reference.

Information We Automatically Collect

We automatically collect certain information to help us understand how our users use our Site, including a user's Internet Protocol (IP) address, the pages a user has visited, the date and time of visits, a user's location, browser type and operating system type (which we will refer to in this Privacy Policy collectively as "Usage Data"). In addition, we collect Usage Data using technologies called "cookies" and "web beacons". A cookie is a piece of data or text file on your computer that identifies you as a unique user. A web beacon is an object that is embedded in a page or e-mail and is usually invisible to the user but allows checking that a user has viewed the page or e-mail. We use cookies and/or web beacons for a number of purposes, including to improve the quality of the Site and to make the Site easier to use. We may combine Usage Data with Personal Information (as defined below) in a manner that enables us to trace Usage Data to an individual user, and may collect, use, preserve and disclose Usage Data in any manner that we may collect, use, preserve and disclose Personal Information as provided herein (whether Usage Data is combined with any Personal Information or otherwise).

As more particularly described below in this Privacy Policy, we use certain third party tools and services to assist us in collecting Usage Data. Such tools and services include Google Analytics, a web analytics service provided by Google, Inc. Certain of the third party tools and services, such as Google Analytics, use "cookies" or "web beacons" to help analyze how users use the Site. Google Analytics uses "cookies" which collect anonymous traffic data. We do not access or control these third party "cookies" or "web beacons", however, we may have access to data generated from their use, such as when we view analytics reports provided by such third party tools and services.

Information You Choose To Submit or that is Submitted on Your Behalf

When an individual requests information about the Site using the Site's contact form, we will collect the name, position, school, school district/board of education, address, city, state, zip code, phone number, school email and personal email of such individual, information regarding how such individual heard about us, along with any message that such individual submits as part of such contact form (the "Contact Us Information").

When a school or school district/board of education (a "Subscriber") registers with the Site, we will collect the name, address, city, county, state, zip code and phone number of the Subscriber, the first name, last name, email address and title of the Subscriber's primary responsible party, and the first name, last name, email address and title of the person who completes the registration process on behalf of the Subscriber (collectively, the "Subscriber Information").

If a Subscriber is a school, an account will be created on the Site for such school upon the completion of the Subscriber's registration (each, a "School Account" and collectively, the "School Accounts"). During the registration process for a School Account, we collect the name, address, city, county, state, zip code and phone number of the Subscriber, and assign an available user name suffix to the School Account on behalf of the Subscriber (collectively, the "School Account Information"). In addition, we will create the "School Admin Account" (as described below) for the Subscriber utilizing the first name, last name and email address of the person who completed the registration process on behalf of the Subscriber.

If a Subscriber is a school district/board of education, an account will be created on the Site for such school district/board of education upon the completion of the Subscriber's registration (a "District Account"). During the registration process for a District Account, we collect the name, address, city, county, state, zip code and phone number of the Subscriber (collectively, the "District Account Information"). In addition, we will create the "District Admin Account" (as described below) for the Subscriber by utilizing the first name, last name and email address of the person who completed the registration process on behalf of the Subscriber. Through a Subscriber's District Admin Account, a user can: (a) add School Accounts under the District Account for the Subscriber; (b) delete School Accounts under the District Account for the Subscriber; and (c) view, edit and export all School Account Information under the District Account for the Subscriber.

In addition, when a Subscriber registers with and its users use the Site, DFL also will collect the information described in paragraphs (1) and (2)(a), 2(b) and 2(c) below (referred to in this Privacy Policy, collectively with the Contact Us Information, the Subscriber Information, the School Account Information and the District Account Information, as "Personal Information") with respect to such Subscriber's students (the "Students") and other individuals authorized by Subscriber to be associated with Subscriber's registration, access and use of the Site pursuant to Subscriber's agreement with us (collectively, the "Administrators"):

  • (1) THE "STUDENT ACCOUNT": For each Student that is to utilize the Site, the Subscriber will create a "Student Account" with a user name and temporary password by uploading the Student's first name and last name (each such account a "Student Account" and, collectively, the "Student Accounts"). Upon initial login to the Site, a Student must change the temporary password associated with the Student's Student Account and submit the Student's gender, date of birth (used to calculate a Student's age), grade and year of graduation on the Student's "My Profile" page in order to access all other Site features (please note once a Student saves this information, a Student can NOT personally edit or remove this information from such Student's Student Account, and such information is required for a Student Account to be active). Please see the "Access To Your Account and Personal Information" section below for information on how a Student can edit this information or delete the Student's account).
    In addition, a Student will have the ability to submit optional "Basic Data", including Body Fat %, Resting Heart Rate, Height, and Weight (submitting Height and Weight will automatically calculate a Student's Body Mass Index or "BMI"). In addition, in using the Site, a Student will be able to; (a) set goals; (b) log and enter time, scores, steps, reps and intensity; and (c) plan time, steps and intensity for multiple exercises across a range of fitness categories (collectively, "Fitness Data"). A Student can edit, view or delete his or her Personal Information (other than user name, first name, last name, gender, date of birth, grade and year of graduation) from his or her Student Account at any time. If a Subscriber is a school, each year on July 15th, the grade in all Student Accounts will auto-update to the following grade. If a Subscriber is a school district/board of education, the holder of the Subscriber's District Admin Account can request that, on behalf of the Subscriber, DFL updates the grade to the following grade each year on July 15th in all Student Accounts for all School Accounts added to the Site by such Subscriber.
    When entering certain Basic Data and Fitness Data, Students also are required to enter an associated date for such entries. When entering time and steps, DFL records the actual time such information is entered by the Student, which is visible by the Student entering the time and steps and the Administrator(s) of the Subscriber to which such Student Account relates.
  • (2) THE "DISTRICT ADMIN ACCOUNT", "SCHOOL ADMIN ACCOUNT" and "TEACHER ACCOUNTS": The Subscriber will create these accounts (as applicable to Subscriber) by uploading the first name, last name, and e-mail addresses of the users who will hold such accounts (such accounts, each an "Administrator Account" and collectively, the "Administrator Accounts" and, together with the Student Accounts, each an "Account" and, collectively, the "Accounts"). Each user of an Administrator Account may be referred to in this Privacy Policy as an "Administrator". Upon initial login to the Site, the initial user of an Administrator Account must change the temporary password initially associated with such Administrator Account.
    • (a) District Admin Account. If a Subscriber is a school district/board of education, the Subscriber will have a "District Admin Account". As described above, through a Subscriber's District Admin Account, a user can: (i) add School Accounts under the District Account for the Subscriber; (ii) delete School Accounts under the District Account for the Subscriber; and (iii) view, edit and export all School Account Information under the District Account for the Subscriber. Through a Subscriber's District Admin Account, a user can view and export all Personal Information (other than passwords) in all Student Accounts for all School Accounts added to the Site by such Subscriber. Through a Subscriber's District Admin Account, a user may also, with respect to all School Admin Accounts for all School Accounts added to the Site by such Subscriber: (x) create and delete all School Admin Accounts (this occurs automatically when a School Account is added or deleted); (y) edit the user name, password, first name, last name, and e-mail address associated with each School Admin Account; and (z) view and export the user name, first name, last name and e-mail address associated with each School Admin Account. A user of a Subscriber's District Admin Account also may view and export the user name, first name, last name and e-mail address with respect to all Teacher Accounts for all School Accounts added to the Site by such Subscriber. A user of a District Admin Account may also edit the grade for each Student associated with the Subscriber to which such District Admin Account relates. If a user of a District Admin Account deletes a School Account under the applicable Subscriber's District Account, all Personal Information and Accounts associated with such School Account will also be deleted.
    • (b) School Admin Account. A Subscriber will have a School Admin Account for each School Account that it adds to the Site. Through a Subscriber's School Admin Account, a user may also, with respect to each School Account added by Subscriber that is associated with such School Admin Account: (i) create and delete Student Accounts; (ii) view and export all Personal Information in each Student Account (including passwords), (iii) edit the user name, first name, last name, password, gender, date of birth, grade and year of graduation in such Student Accounts. Through a Subscriber's School Admin Account, a user also may, with respect to the Teacher Accounts for the School Account to which such School Admin Account relates: (x) create and delete Teacher Accounts; (y) edit the user name, password, first name, last name, and e-mail address associated with each Teacher Account; and (z) view and export the user name, first name, last name and e-mail address associated with each Teacher Account. The holder of a Subscriber's School Admin Account cannot view any information in any other Administrator Accounts (other than another School Admin's first name, last name, e-mail address and School Account name via the functionality of the Site that permits a Subscriber to transfer information between School Accounts added by the Subscriber, as is more particularly described below). Through a Subscriber's School Admin Account, a user also may also edit the user name suffix associated with the School Account to which the School Admin Account relates.
    • (c) Teacher Account. A Subscriber will have one or more Teacher Accounts for each School Account that it adds to the Site. The user of a Teacher Account may, with respect to the Student Accounts for the School Account to which the Teacher Account relates: (i) view and export all Personal Information in each Student Account (including passwords); and (ii) edit the password, gender, date of birth, grade and year of graduation in each Student Account. A user of a Teacher Account may also, (from their own account) enter, edit and delete Fitness Data related to the "Fitness Testing" feature on behalf of a Student, with respect to the Student Accounts for the School Account to which the Teacher Account relates. The holder of a Subscriber's Teacher Account cannot view any information in any other Administrator Accounts.

Transfer Functionality Between School Accounts. When a Subscriber is a school district/board of education and has added multiple School Accounts to the Site, the users of School Admin Accounts can use certain functionality in the Site to transfer all Personal Information in Student Accounts associated with such School Admin Accounts between School Accounts added by such Subscriber. For example, and not by way of limitation, a Subscriber may have added two School Accounts to the Site that represent a middle school and a high school. The users of these School Account's School Admin Accounts may utilize the Site's transfer functionality to transfer Personal Information of students from the middle school to the high school to enable the Subscriber and such Students to continue to utilize the Site's features as the Students finish middle school and enter high school. After such transfer, a School Admin of a School Account transferring Personal Information will retain its ability to review the Personal Information with respect to such transferred Students (with respect to the time periods at the transferring School Admin's School Account) but not any new Personal Information of such Students that is added at the new School Account.

In addition, please note the following:

  • We do not condition a Student's participation on the Site or in a particular activity by collecting more information than is reasonably necessary for the Student to participate on the Site or in that activity.
  • The applicable Subscriber and the Administrators have the right to refuse any further contact with their Students by the Site, and they also have the right to refuse any further collection or use of such Student's Personal Information.
  • The Subscriber and the Administrators have the right to consent to the collection of their Students' Personal Information without consenting to sharing that information with third parties for promotional purposes.

Disclosure and Use

Except as otherwise provided in this Privacy Policy, we will not disclose your Personal Information to any third party unless the third party is a Permitted Recipient. You agree that we may disclose your Personal Information to the following "Permitted Recipients": (1) persons or entities that you permit to access your Personal Information (your permission being reasonably determined from your actions in view of the circumstances), (2) your Subscriber, its Administrators and/or any persons or entities that authorized DFL to create your Account, and persons or entities designated by your Subscriber, its Administrators and such other persons or entities to receive your Personal Information, (3) providers of services to DFL such as an Internet hosting provider, Internet services provider, software development or maintenance provider, provided that such providers are obligated to maintain your Personal Information in confidence, (4) with respect to a Student, to a parent or legal guardian of such Student, and (5) any other person or entity to whom we are permitted to disclose your Personal Information by law or other provision of this Privacy Policy.

We also may disclose Personal Information to third parties in a manner that does not identify a particular individual. For example, and not by way of limitation, we may disclose aggregated Personal Information to marketing and research partners and/or for advertising, marketing and promotional purposes. In addition, we may identify our Subscribers and School Accounts on the Site and in our advertising, marketing and promotional materials.

As described above, Administrators can review, monitor, and access information contained in Student Accounts and Administrator Accounts that are registered under the Subscriber's account with DFL, but cannot view any information in any Student Accounts registered by different Subscribers. You acknowledge and agree that if a person (e.g., administrator, teacher, coach, etc.) or entity (e.g., school, school district/board of education, etc.) has access to or use of your Personal Information (through an Account, the Site or otherwise), or you otherwise permit third parties to access or use your Personal Information (through your Account, the Site or otherwise), you acknowledge and agree that DFL has no responsibility or liability to you for any such person’s, entity's or their designees' access to, use or disclosure of your Personal Information.

We may use your Personal Information, without disclosing it to third parties, for a variety of purposes. For example, we may use your Personal Information to provide, maintain and improve the Site and our services, including the information we provide to you via the Site. If you are an Administrator, we may also use your Personal Information to contact you, such as to notify you of changes to the Site and our services, to conduct research, to resolve disputes and to solicit your feedback and input about the Site and our services. All emails sent to users by the Site are transactional emails about your use of the Site and not promotional in nature. You are not able to unsubscribe from these transactional emails. If you have submitted Contact Us Information, we may use that information to contact you to discuss your interest in the Site and our services. If you have submitted Contact Us Information to the Site but are no longer interested in registering with the Site, simply reply to one of our emails addressed to your email address with the word "UNSUBSCRIBE" in the subject line and we will not contact you by email in the future. Please note that it may take up to three (3) business days for your email address to be removed from our databases.

As noted above, we may collect, use, preserve and disclose Usage Data in any manner that we may collect, use, preserve and disclose Personal Information (whether Usage Data is combined with such Personal Information or otherwise).

Other Authorized Disclosures

Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that DFL may collect, use, preserve and disclose any information (including, without limitation, Usage Data and Personal Information): (1) in response to subpoenas, court orders, legal process or when otherwise required by law, or to establish, protect, or exercise our legal rights or defend against legal claims in DFL's sole discretion; (2) to protect the rights and property of DFL or the public, including the enforcement of this Privacy Policy and any other agreement we may have with you, the Subscriber, the Administrators or the other users of the Site (including, without limitation, the Terms of Use as defined below); (3) if we believe it is necessary in order to investigate, prevent, or take action regarding unauthorized distribution of another's intellectual property or information, illegal activities, fraud, or situations involving potential threats to the safety of any person (provided, however, that we have no obligation to do so); or (4) that is available to the general public.

DFL may, from time to time, assign or transfer all or a portion of the Usage Data and/or Personal Information and its rights and obligations hereunder to one or more third parties (whether in connection with a sale of assets, a merger or otherwise), in which case the successor or assignee will agree to abide by the obligations under this Privacy Policy with respect to the Usage Data and Personal Information transferred to such successor or assignee (unless otherwise agreed to by you and such successor or assignee).

Account Cancellation; Access To Your Account and Personal Information; Data Retention

  • ACCOUNT CANCELLATION: To cancel your Account, please contact the Subscriber that created your Account. If you have any questions, please contact us using the information provided below.
  • ACCOUNT ACCESS:
    • Students: To edit your Personal Information (other than Basic Data or Fitness Data which you may edit as described above), or if you have forgotten or need to reset your Student Account password, or if you would like to remove all of your Personal Information from your Account and cancel your Account, contact the Administrators at your school who created your Account. Please note that any request for the removal of your Personal Information is subject to our rights under this Privacy Policy.
    • Administrators: To edit your user name, first name, last name, or email address, click the "Edit" button on your "My Profile" page; provided, however, that if you are a user of a Teacher Account you must contact the holder of your School Account's School Admin Account to have your first name or last name edited. To remove all of your Personal Information from your Account and cancel your Account, contact the Subscriber that created your Account. Please note that any request for the removal of your Personal Information is subject to our rights under this Privacy Policy.
  • DATA RETENTION: A Subscriber may terminate its User Agreement with DFL for any reason or no reason upon five (5) days prior written notice to DFL. Upon such a termination, and subject to our rights under this Privacy Policy, all Accounts relating to such Subscriber and all Personal Information in such Accounts will be deleted. Please also see the “Parents and Legal Guardians of Students” section of this Privacy Policy (below) for additional information.

Security

DFL employs certain procedural and technological security measures that are reasonably designed to help protect your Personal Information from loss, unauthorized access, disclosure, alteration or destruction. None of such measures, or any data transmission over the Internet or any network, can be guaranteed to be perfectly secure or effective. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us or that is submitted on your behalf, and such information is transmitted and submitted at your own risk.

Third Party Sites, Resources, Tools, Services and Widgets; Advertisements, Sponsorships and Promotions

The Site may link to other websites and Internet resources, or incorporate third party tools, services and widgets, that are not owned, operated or controlled by DFL. In addition, the Site may contain advertisements, sponsorships and promotions of third parties. This Privacy Policy does not cover any information that may be collected from you by (a) such other websites and Internet resources or by any of such third parties in connection with such advertisements, sponsorships and promotions, or (b) any such third party tools, services and widgets. You should be aware, however, that providers of third party tools, services and widgets, and advertisements, sponsorships and promotions on the Site may utilize "cookies", "web beacons" and other mechanisms to collect information from you about your visits to the Site and other websites in order to, among other things, provide additional functionality, advertisements, sponsorships and promotions about information, products or services that may be of interest to you.

DFL is not responsible for any (x) information, products or services available on or through any linked sites or resources, or through any such advertisements, sponsorships and promotions, (y) third party tools, services or widgets, or (z) third party terms of use, privacy policies or information collection, use and disclosure practices. We recommend that you review all of terms and use and privacy policies provided by the applicable third parties.

Set forth in Schedule A to this Privacy Policy is a chart of the third party tools, services and widgets being used on or in connection with the Site that collect information including links to their privacy policies.

Ability to Accept

By using the Site, you affirm that you are competent to accept, and have accepted, the terms and conditions of this Privacy Policy.

Parents and Legal Guardians of Students

When a Subscriber provides DFL with information by uploading it to the Site or creating an Account, DFL presumes that the Subscriber has obtained all authorizations, approvals and consents required by applicable law. DFL recognizes the privacy interests of children, and we encourage parents and guardians to take an active role in their children's online activities and interests.

A parent or legal guardian of a Student may contact DFL to request a review of the Personal Information in their Student's Student Account and/or a description of the types of such Personal Information in such Student's Student Account. In addition, a parent or legal guardian of a Student may request that DFL delete such Student's Student Account and cease collecting or further using Personal Information from such Student by notifying DFL of such request. Subject to our rights under this Privacy Policy, DFL will delete the Student's Account (and all Personal Information of such Student in such Student Account) following the receipt by DFL of that request from the parent or legal guardian. DFL may request verification of the identity of the parent or legal guardian in connection with the foregoing requests. A parent or legal guardian should also notify the applicable Subscriber of any such requests. If a parent or legal guardian has any questions regarding the foregoing, please contact us using the information provided below.

Your Consent

By using our Site, you consent to the collection, use and disclosure of information in the manner we describe in this Privacy Policy.

Changes

This Privacy Policy may be modified at any time. If we decide to change the Privacy Policy, we will incorporate those changes into this Privacy Policy and place a notice on the home page and other places we deem appropriate that this Privacy Policy has changed, so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. If we make a material change in the way we use Personal Information, we will notify you by incorporating those changes into this Privacy Policy and adding the notice(s) on the Site described in the preceding sentence with respect thereto. If we make material changes to how we use “personal information” of a “child” (as those terms are defined in the Federal Trade Commission’s Children’s Online Privacy Protection Rule; Final Rule, 16 C.F.R. 312), we will email the applicable Subscriber a request that they obtain verifiable consent for the new uses of such personal information.

By accessing and using the Site after such changes, you agree to such changes. In addition, you should check back and review this Privacy Policy periodically.

Use of Site

By accessing and using the Site you agree and acknowledge that you are bound by the DailyFitlog.us Terms of Use, which is available at https://www.dailyfitlog.us/terms_of_use (the "Terms of Use"). Subscribers are also bound by the terms and conditions of their User Agreement with DFL. If you have any questions about the User Agreement or the Terms of Use, please contact us using the information provided below.

Miscellaneous

The terms "such as,", "include", "including", "for example," "e.g.," or any variation thereof means "including the following by way of example only, without limitation" and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.

Your California Privacy Rights

Under California Civil Code sections 1798.83, California residents are entitled to ask us for a notice describing what categories of personal information (as defined therein) we share with third parties for those third parties direct marketing purposes. California residents who would like a copy of this notice or who have questions or concerns about our privacy practices and policies may contact us at [email protected] or write to us at DailyFitlog.us, LLC, ATTN: Privacy Coordinator, 57 Armstrong Drive, Clark, NJ 07066. In your request, please specify that you want a "Your DailyFitlog.us California Privacy Rights Notice." Please allow 30 days for a response.

Additional Questions

Again, feel free to contact us any time if you have further questions about the Site. If you have any questions regarding this Privacy Policy, please contact us via email at [email protected] with the word "Privacy" in the subject line. Alternatively, you can write to us at DailyFitlog.us, LLC ATTN: Privacy Coordinator, 57 Armstrong Drive, Clark, NJ 07066. You can reach us by telephone at (201) 247-6506.

This Privacy Policy was last updated: May 10, 2016.

This Privacy Policy is effective as of: January 2, 2016.