LAST UPDATED: SEPTEMBER 8, 2020

​Invictus (“Invictus,” “we,” “us,” or “our”) understands the importance of privacy, and we want you to make an informed decision about sharing personal information with us when visiting our website and mobile application and using our services. We have prepared this privacy policy (“Privacy Policy”) to describe our practices regarding the information we receive and collect from users of our website located at www.iaminvictusfit.com (the “Invictus Website”) and the services offered through the Invictus Website, and services offered by Invictus in our studios or elsewhere where we may collect Personal Information or Anonymous Information, as described below. We will refer to the Invictus Website and related services offered through the Invictus Website as the “Invictus Internet Services.” The Privacy Policy applies to all visitors, users, and others who access the Invictus Internet Services.

​If you have any questions, concerns, or complaints about our Privacy Policy or our information collection or processing practices, or if you want to report any security violations to us, or would like to access, correct and/or delete your Personal Information, as defined below, please contact us at info@iaminvictusfit.com. So we are clear about the terminology we are using, when we use the phrase “Personal Information” in this Privacy Policy, we mean information about an identifiable individual that (either by itself or when combined with information from other available sources) allows someone to identify or contact you, including, your name, address, telephone number, e-mail address, IP address, as well as any other information that permits a specific individual to be contacted physically or online. When we use the phrase “Anonymous Information” in this Privacy Policy, we mean information that is not about an identifiable individual or is not associated with or linked to your Personal Information. Anonymous Information does not enable identification of or contact with individuals.

​Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with the Privacy Policy, do not download the App, create a FunkFit account (“Account”), or use the FunkFit Internet Services. By using the Invictus Internet Services you agree to this Privacy Policy and you consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Invictus Internet Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates. If we decide to use your Personal Information in a manner different from that stated at the time of collection, we will notify you and provide you options about the use of your Personal Information.

CHILDREN

The Invictus Internet Services are not directed to children and children are not eligible to use the Invictus Internet Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from individuals we actually know are under 13 years of age, and no part of the Invictus Internet Services is designed to attract individuals under 13 years of age. If we later learn that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Invictus Internet Services.

​INFORMATION WE COLLECT AND HOW WE USE IT

Personal Information

We collect Personal Information when voluntarily submitted by you, either on our Website, or through information provided in-studio, at events, or in connection with other Invictus interactions. We use this Personal Information to ensure a successful experience at a Invictus studio, and to adhere to the Membership Terms and Conditions you agree to when completing a purchase on our website. To use certain features of the Invictus Internet Services, we require you to create an Account by providing your name, phone number, email, a password, and when necessary, credit card information.

​We also collect your Personal Information for security and monitoring purposes. When you sign-in and participate in a class, we collect and store your performance data on the Invictus Internet Services. We may combine information that you provide in-studio, at events, or in connection with other Invictus interactions with information stored on Invictus Internet Services, and we may combine information with data that is publicly available and data from third parties. We also collect information about gift recipients provided by the giver. You can choose not to provide us with certain information, but this may limit the features of the Invictus Internet Services that you are able to use.

​While you are using our Website, we may use cookies and tracking technology (“Cookies”) to collect both Personal and Anonymous Information. Cookies are useful for gathering Anonymous Information such as tracking the number of visitors to the Invictus Website and understanding how visitors use the Website. Cookies can also be used to automatically collect your IP address and other device specific information. We will use this information to analyze your use of the Invictus Internet services and also to provide you with specific marketing and promotional offers via both email and direct mail. Aggregate, anonymized cookie and tracking information may be shared with third parties. If you decide at any time that you no longer wish to accept Cookies from the Invictus Internet Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites or apps you visit. If you do not accept Cookies, however, you may not be able to use all of the Invictus Internet Services or access certain features of the Invictus Internet Services. Information about how you may communicate with Invictus to opt out of receiving email or direct mail communications or how to disable or modify Cookies is below.

​Certain features of the Invictus Website are location-specific and can provide helpful information and allow you to access additional Invictus Internet Services based on where you are. If you tell us where you are (i.e., by allowing your mobile device to send us your location), we may use that information to provide you with location-based information, allow you to check-in for classes or other services, and/or market to you based upon this location-based information. If you want to, you may disable location services on your mobile device, but we will not be able to provide those features. Please contact your carrier for more information.

​We may create interfaces that allow you to connect with a social networking service (“SNS”), such as Facebook, through the Invictus Internet Services. When authorized by you and after you have provided the relevant log-in information, the SNS provides us a token that allows the SNS to recognize us when we ask, on your behalf, for access to your Account information. For example, when you click “Connect” to grant us access to your Facebook account, we will import your name and other information from Facebook and, as you use the Invictus Internet Services, we may periodically check for updates to such information. You can revoke our access to any SNS at any time by amending the appropriate settings from within your Account settings on the applicable SNS.

​We will not collect Personal Information indiscriminately but will limit collection of Personal Information to that which is reasonable and necessary and is authorized by law.

​We will use your Personal Information to administer your Account, process and fulfill transactions initiated by you (both online and in-studio), provide you with customer support, tailor the features and content of the Invictus Internet Services and other Invictus related content to you, and market our products and offers. We will also use your Personal Information to send updates, notices, announcements and additional information related to our product offerings.

Finally, we will use your Personal Information to protect us and you from fraud or error, comply with legal and regulatory compliance, and verify your compliance with your obligations in our Terms of Service and Terms and Conditions.

​Anonymous Information

Invictus may also collect Anonymous Information from you during your use of the Invictus Internet Services. This data is used to manage the Invictus Internet Services, track usage and improve the Invictus Internet Services we offer. The type of Anonymous Information we collect includes:

Pixel Tags. We may use pixel tags (“Pixel Tags”) (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of online users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in apps and web pages. Pixel Tags allow us and our partners to send e-mail and direct mail messages and in-app advertisements in a format users can read, and they tell us whether e-mails have been opened and in-app advertisements viewed to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Information.

​Collection of Anonymous Information for Marketing Purposes. Anonymous Information may be collected, analyzed, and/or provided to trusted third-party companies to analyze to provide you with more relevant information about our product offerings. We may also record information about your usage, such as the time and frequency of your usage of the Invictus Website. If you are logged in, we may associate that information with your Account.

We use the Anonymous Information we collect to analyze trends, administer and improve the Invictus Internet Services, gather demographic information about our user base as a whole, and better tailor the Invictus Internet Services (and those of third parties) and our product offerings to our users’ and potential users’ needs. We reserve the right to disclose Anonymous Information publicly without restriction.

​How we share information

We may share your information to administer features (e.g. music download, race registration, or workout routine).

We may transfer your Personal Information to Invictus service providers to conduct and/or market our business. For example, these Invictus service providers may handle credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We also may provide your Personal Information to carefully selected third-party marketing partners who provide promotional mailings and other targeted or direct mail promotions.. Information about how to opt out of these communications is below.

​We may also share or transfer your Personal Information and Anonymous Information as a part of our business assets in a sale of all or part of Invictus. If this should happen, notice will be provided by posting to our website or some other form of communication. We may also share your Personal Information with your consent.

​INFORMATION YOU CHOOSE TO SHARE WITH THIRD PARTIES

This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you through the Invictus Internet Services. If you disclose information to others, or authorize us to do the same under this Privacy Policy, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

​The Invictus Internet Services may contain content or links to other websites that are not owned or controlled by us. We have no control over, do not review, and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave the Invictus Internet Services and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you. The Invictus Internet Services may also contain links to other websites that are controlled by us but operate under different privacy policies. Please review the privacy policy of any new site you visit.

​YOUR CHOICES REGARDING YOUR INFORMATION

E-mail Communications. We may periodically send you free newsletters and e-mails that directly promote the use of the Invictus Internet Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly at info@iaminvictusfit.com. Despite your indicated e-mail preferences, you may not opt out of service and transactional related communications, including notices of any updates to our Terms of Service, Privacy Policy or other policy, reservation and purchase confirmations, and important updates about your Account.

​Direct Mail and Marketing Partners. Invictus and our partners may periodically send you direct mail. If you do not wish to receive this mail or if you do not want us to share your contact information with our marketing partners, please contact us directly at info@iaminvictusfit.com and provide us with your name and mailing address and any other pertinent information.

Changing or Deleting Your Personal Information. You may access, review, update, correct or delete the Personal Information in your Account by contacting us at info@iaminvictusfit.com. Certain information is necessary in order for us to provide the Invictus Internet Services; therefore, if you delete such necessary information you may not be able to use the Invictus Internet Services. If you completely delete all of your Personal Information, then your Account may become deactivated. If your Account is deactivated, we may retain Personal Information that you have previously chosen to provide us. We may also retain an archived copy of your records as required by law or for legitimate business purposes. Please remember, however, if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. In addition, publicly available information will not be deleted from the Invictus Internet Services.

​Closing an Account. Upon your request, we will close your Account. We may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and take other actions otherwise permitted by law. Do Not Track. At this time, we do not have a system to respond to Do Not Track requests.

​PROTECTING INFORMATION

We apply a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and is not stored in our databases. Nevertheless, we cannot 100% guarantee the security or confidentiality of the information you provide us.

​USERS OUTSIDE OF THE UNITED STATES

If you are a user of the Invictus Internet Services outside of the United States, by using the Invictus Internet Services and/or providing us with information, you acknowledge and agree that your Personal Information may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country, and where governments, courts or law enforcement or regulatory agencies in those other countries may be able to obtain disclosure of that Personal Information through the laws of those countries. By providing your information, you consent to your Personal Information being used in this way.

​CHANGES TO THE PRIVACY POLICY

This Privacy Policy may be updated in the future, from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on the Invictus Website at https://www.iaminivictusfit/privacy-policy, and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.

​CONTACT US

Invictus welcomes your questions and comments about security and privacy. Please direct any questions or comments to our Customer Service team by email to info@iaminvictusfit.com, by telephone at 949.899.4355, or by postal mail to Invictus 31734 Rancho Viejo Rd, Ste C, San Juan Capistrano, CA 92675, Attention: Privacy.