Privacy Policy
& Terms of Service

This Privacy Policy informs Users (“Users” or “You”) of the SIXPAC mobile app, desktop app and business toolkit, any other SIXPAC controlled or operated websites or mobile applications (“Websites”) about how SIX PAC OTG, LLC, doing business as SIXPAC (“SIXPAC” or “we”) gathers and uses (i) personal information submitted to SIXPAC and (ii) aggregated information collected from the Websites, and SIXPAC Services (as defined below). This Privacy Policy applies to the Websites, domains, services, applications and products (“SIXPAC Services”).

We may modify or amend this Privacy Policy from time to time. If we make material changes, as determined by us, in the way in which personal information is collected, used, or transferred, we will notify you of these changes by email (if provided) and/or by posting a modified version of this Privacy Policy on our website and by seeking appropriate User consents. Your provision of such consent or, if such consent is not required, your continued use or download of SIXPAC Services for 14 days following any changes means that you accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain your consent otherwise.

    1. We collect various types of information about Users, however, Users must specifically consent to the sharing of genetic data with us. We collect this data by Users entering their data into our products. This information includes information about User’s personal fitness, nutrition, demographics, geographic data, and other personal information as selected by the User.
    2. We use the information we collect to enhance and improve our products and improve User experience. There are a few ways that we share data.
        • We share data that does not personally identify you with third parties such as advertisers and business partners. However, geographic data can be shared in the interest of providing a better experience to our Users.
        • We share data that does personally identify you with third parties that support our communication with you via email or messages or that provide analytics that permit us to better understand how our products are used.
        • We also share data that does personally identify you if we are required by law or if our company is acquired or merges with another company.
    3. You have choices regarding your personal information and the way that we communicate with you. All Users can change, update, or opt out of sharing information any time.
    4. Users may request copies of personal information, to delete certain information, and to cease processing of personal information that pertains to you.
    5. Our servers are based in the United States, and so data about Users is transferred from around the world to be processed in the United States, where it is subject to local, state, and federal laws of the United States.
    6. If you have a question about our Privacy Policy, please contact us at [email protected] or by mail to SIXPAC, 2205 14th Avenue, Vero Beach, FL 32960.

 

Collection of Personal Information

SIXPAC collects and uses your personal information to manage and enhance your experience while using the Websites and other SIXPAC Services. We may share information that we collect with third parties consistent with this Privacy Policy, but such information will be aggregated and/or modified such that the third party will not be able to identify the User.

We may also use and allow third parties to track your browsing history profile. Such tracking will allow SIXPAC to offer you specifically tailored services and products with appropriate User consent, where necessary (both of SIXPAC and its third-party partners). No personally identifiable information will be shared with any third party without your consent or acknowledgement.

 

Types of Information Collected

User Information. In addition to the above personal information, we collect standard information about SIXPAC Users such as:

      • “Personal Fitness and Nutrition Data”, including, birthdate, height, weight, sex, and specific details of your exercise and the foods and drinks that you consume.
      • Email address and SIXPAC Password.
      • IP addresses, browser type and your operating system.
      • Pages visited on the Websites referring and exit pages, and the dates and times of the visits.
      • Financial information, such as your credit/debit card number or other billing information for purchases and product upgrades.
      • Any additional information relating to you and your use of the Websites or SIXPAC Services that you provide to use directly through the Websites or SIXPAC Services.
      • Location data and other information about devices used to access and interact with the Websites.
      • Information that you make publicly available or publicly post using tools made available on the Websites.
      • Information you may provide in User-to-User messages.
      • Information collected from promotions with third party companies.

Supplemental Information

Your information may also be supplemented with additional information from other sources, including publicly available sources. If you log into our Site through an account created with a third-party website, that third-party website may send us information about you, depending on the privacy settings that you have in place with that third-party website. Any information collected will be subject to the privacy policies of these third-party websites.

 

Use of Personal Information

We will treat the information we collect as confidential. We will not share Personally Identifiable Information about you without your consent. We may share information collected from you that does not identify you or an individual with third parties, including advertisers and potential business partners.

We may also share data that does not identify an individual User.

We may disclose your personal information when we reasonably believe that it is required by law, a duly authorized court order, or legal process and to protect and defend the rights and interests of SIXPAC, its affiliates, suppliers, or Users. If we are required to disclose your information, we will attempt to provide you with advance notice, unless we are prohibited from doing so by law.

In the event SIXPAC goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, Users’ personal information and Personal Fitness and Nutrition Data will, in most instances, be part of the assets transferred. We will require as a term of such transition that the entity acquiring Users’ personal information and Personal diet data treat such information in accordance with this Privacy Policy.

In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal information.

 

Apple HealthKit

Notwithstanding the foregoing, SIXPAC will not use or disclose to third parties User data gathered from the Apple, Inc. Healthkit framework or Healthkit API for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. In no event will any information be collected from Healthkit Users for use by third parties in compliance with this section without obtaining User consent.

 

The Genetic Information Nondiscrimination Act of 2008

The Genetic Information Nondiscrimination Act of 2008 (GINA) provides, as to Users that are residents of the United States, that you do not need to share your genetic Information with your employer or your health insurer. Even so, you may be asked to share your Genetic Information with other insurers. These others could include life, long-term care, and disability insurance firms. You should always take care with whom you choose to share your Genetic Information.

 

Control of Personal information and Opt-Out Options

SIXPAC values the accuracy of the information you provide. If you want to opt-out of communications from SIXPAC, you can do so at any time. If you change your mind, you can opt-in again here. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices. Users that are residents of the European Union have additional rights with respect to personal information, as explained below. Access to personally identifiable information that is collected from our Websites and that we maintain may be available to you. For example, if you created a password-protected account within our Site, you can access that account to review the information you provided.

You may also send an e-mail or letter requesting access to or correction of your personally identifiable information. For verification purposes please include your first name, last name, e-mail address and the password you use for such service.

 

Security of the Information We Collect

We take commercially reasonable precautions in an effort to protect your information against security breaches. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed. By using the Websites and SIXPAC Services, you acknowledge that you understand and agree to assume these risks.

 

Protection of Children’s Privacy

SIXPAC.com is a general interest website, and we do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use the Websites. Consistent with the Children’s Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation, the Websites are not intended for use by anyone under the age of 18 (COPPA’s minimum protections are for minors 13 years of age or under). SIXPAC does not knowingly collect personal information from children through this Website.

If you are a parent with concerns about children’s privacy issues in conjunction with the use of this Website, please contact us. SIXPAC encourages parents to discuss this Privacy Policy and the dangers of providing Personal Information on-line.

 

Use of Cookies and Tracking Technology

Cookies. When you visit the Websites, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Websites the cookie may be read. A “cookie,” is a small text file placed on the User’s hard drive to track usage of the Websites and collect basic information, which may include certain of your preferences.

We use cookies to gain knowledge of Internet usage, improve content and advertisements, collect the site visitation data described above and, in some cases, to deliver specialized content. Cookies also help to prevent you from having to register or re-enter your information every time you visit the Website in a streamlined fashion. Some of our advertisers and partners occasionally use cookies as well. SIXPAC does not have any control over the cookies used by advertisers and partners.

If you would like to avoid cookies, your web browser may have an option that enables you to disable or not accept cookies. It should be noted, however, that should you disable or not accept cookies, portions of the Website may not properly function.

Web Beacons. We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how Users navigate to and through our Websites. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to personal information. A web beacon is an electronic image and string of code that is imbedded in a web page or email which allows us to track web page views/hits or the opening of an email containing a beacon. We may use web beacon in conjunction with cookies to track Website activity on www.sixpac.com. Web beacon tracking by SIXPAC does not identify the name or email address of the web User or mail recipient.

Local Beacons & Geo Fencing. We may offer advertisers a local beacon or geo fencing to better interact with Users in their local geographic area.

 

Your Rights Regarding Your Personal Data

If you are a resident of the European Union or the State of California, you have the following rights:

      • You have the right to request an accounting of all Personal Information that we have that pertains to you, and to have copies of such information delivered to you in electronic format (e.g., electronic copies of information attached to an email). We reserve the right to transmit information to you in a manner that complies with all applicable laws.
      • You have the right to request that we change any Personal Information that pertains to you that is inaccurate.
      • You have the right to request that we delete some or all Personal Information that pertains to you. We reserve the right to carry out such a request in a manner that complies with all applicable laws, such as laws concerning record retention. Note that fulfilling this request requires us to delete Personal Information in our possession, but that this right does not extend to Personal Information that has already been lawfully shared in accordance with this Policy.
      • You have the right to request that we cease processing any Personal Information that pertains to you. Note that fulfilling this request requires us to cease processing Personal Information that pertains to you in the future but does not apply to lawful processing that has already occurred in accordance with this Policy.
      • You have the right to exercise all the rights afforded by this Policy without fear of retaliation or discrimination. This means that we treat Users who exercise any of the rights under this Policy the same as Users who do not.

To exercise any of the rights explained above, please contact us. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.

If you believe that we have misused your personal data, you also have a right to lodge a complaint with a national Data Protection Authority. Each European Union member nation has established its own Data Protection Authority; you can find out about the Data Protection Authority in your country here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

 

Mobile Analytics

In addition, SIXPAC or our partners may use analytics technology to track anonymous traffic data about use of the Websites. As noted above, we share non-identifying event level data with our analytics partners Amplitude and Singular – as well as both non-identifying event level data and email addresses with our analytics partners – to help us learn about and improve use of the Website and apps. Such partners have the right to retain and use the anonymous traffic data collected through the analytics service from Users of the Websites or the apps. We work to ensure these third parties provide privacy protections equal to those required under this Privacy Policy and Apple’s Developer Guidelines.

Interest-Based Advertising

When you use our Websites, third parties may collect data about your mobile device in order to serve ads on other apps or websites that are tailored to your interest. This practice is known as ‘interest-based advertising.’ Examples of data that may be collected includes: IP addresses, identifiers associated with your mobile device (also called ‘Advertising Identifiers’), or any ads that you click while using our Websites. If you wish to opt out, please contact us.

We are providing you with this information and ability to control these settings in accordance with our commitment to the Digital Advertising Alliance’s Self Regulatory Principles.

 

Links to Other Websites

Our websites may contain links to other websites. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use. We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them.

 

Legal Bases for Processing Your Information

We rely on the following legal grounds to process your personal information:

      • Performance of a contract – If you choose to make a purchase through the Websites, we need to collect and use your personal information to perform our agreement with you.
      •  Consent – We may use or disclose some of your personal information as described in this Privacy Policy subject to your consent.
      • Legitimate interests – We may use your personal information for our legitimate interests to improve our products and services. Consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable laws, we may use technical information as described in this Privacy Policy and use personal information for our marketing purposes.

Transfer and Processing of Data

For Users within the United States, we process data in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of User data in our possession. We comply with state and federal laws governing the protection of personal information.

For Users within the European Union, we transfer data from the European Union to data centers located in the United States for processing. The European Commission has determined that the law of the United States does not provide a level of protection adequate to satisfy the requirements of Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and free movement of such data, known as the General Data Protection Regulation (“GDPR”). As to Users residing in the EU, however, we extend the rights provided for by the GDPR – as detailed below – including the imposition of required safeguards with respect to accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of data. Transfers of EU resident data from the EU to the United States from third parties (such as third party payment processors) are conducted in accordance with appropriate transfer mechanisms under the GDPR, principally contractual clauses approved by the European Commission.

 

Data Retention and Deletion

We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information.

It is our policy to retain personal information for 6 months after such personal information is no longer necessary. Once that 6 months has passed, we will delete such personal information. This means that, if you close your account with us, we will delete personal information associated with your account after 6 months.

 

Contact Information

We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact us.

Email: [email protected]

Mail: SIX PAC OTG, LLC 2205 14th Avenue, Vero Beach, FL 32960.