Privacy Statement

Effective Date: December 30, 2021

(If you are a CA resident, this statement includes your California Privacy Rights)

Welcome to the Active&Fit® program which is a fitness and health education program (the “Active&Fit Program” or “Program”). The Active&Fit Program and website (the “Active&Fit Website” or “Website”), are owned and operated by American Specialty Health Fitness Inc. (ASH Fitness), a subsidiary of American Specialty Health Incorporated (“ASH”), a Delaware corporation with a mailing address of 10221 Wateridge Circle, San Diego, CA 92121, on behalf of itself and its subsidiaries. The Active&Fit Healthy Living Program as part of the Active&Fit program are managed by ASH affiliate, American Specialty Health Management, Inc. (ASH Management). The provisions of this Privacy Statement apply to these companies to the extent they support the Active&Fit program. The terms “ASH” or “We” in this Privacy Statement refer collectively to these companies.

ASH values its users (“you”) and respects your privacy. We are committed to using your information responsibly. The information you provide to us through the Active&Fit Program or on the Active&Fit Website is governed by this Privacy Statement. This Privacy Statement informs users about the Active&Fit information practices, including: what personal information we collect through the Active&Fit Program and on the Active&Fit Website; how the personal information is collected; how the personal information will be used; and the choices you have about the collection and use of personal information. If you access the Active&Fit Website through one of ASH’s health plan or employer group clients, any information you provide to us on the Active&Fit Website will be governed by this Privacy Statement.

This Privacy Statement, together with the Terms and Conditions, governs your participation in the Active&Fit Program and your use of the Active&Fit Website. By using the Active&Fit Website, or otherwise participating in the Active&Fit Program, you accept and agree to be bound by this Privacy Statement and the Terms and Conditions.

You should read and familiarize yourself with this Privacy Statement and with the ActiveandFit.comTerms and Conditions. By using ActiveandFit.com, you acknowledge and consent to our collection, processing and use of your information as described in this Privacy Statement. For any questions about this Privacy Statement, please contact us directly through any means noted at the end of this Privacy Statement. If information practices change, ActiveandFit.com will post the revised policy on ActiveandFit.com and/or will notify users through direct communication.

Information Collected by Active&Fit

The types of information collected through the Active&Fit Program or on the Active&Fit Website (as further described below) may be considered Protected Health Information (“PHI”) and Personally-Identifiable Information (“PII”). We refer to both PHI and PII collectively as Personal Information (“PI”) in this document. We collect only PI that is necessary for users to access and use the Active&Fit Program tools and features and the Active&Fit Website (as further described below). Whether or not to provide PI is your choice, but without providing certain information you will not be able to access and use all tools and features of the Active&Fit Program and Website.

Sensitive personal information is information related to reproductive health, sexually transmitted diseases, substance use disorder, gender dysphoria, gender affirming care, domestic violence, and mental health. Please do not submit sensitive personal information to us. The collection of sensitive personal information is limited to our Healthy Living Program. Should you choose to use the Healthy Living Program, we must first make sure the coaching services available are appropriate for you. To do so, we ask general questions about mental and/or physical health concerns. Based on responses to such questions, or if you appeal any ASH determination not to make coaching services available to You, ASH may require more information from you or your medical provider. ASH intentionally limits the information needed to make these determinations using the least amount of information necessary. Please do not volunteer more detailed sensitive personal information than what is required.

How we obtain information about you:

  • when you provide it to us (e.g. by contacting us through our Contact Us),
  • when you call us, when registering or enrolling for the services
  • from your use of our website, using cookies,
  • from your Sponsoring Organization (e.g. Health Plan/Insurer or Employer Group), and
  • occasionally, from our Service Providers.
This chart is a reference guide on how the Active&Fit Program collects, uses, and shares your information. This is only a summary. You should review the full privacy statement below for more detail. If you are a California resident, the full privacy statement below contains important information related to your privacy rights.
Publicly available program features
 Categories of Personal InformationSource of CollectionHow do we use?How do we share?

Live Fitness Class Streaming

Identifiers:
IP Address Device ID
Profile name (if you comment or interact with Active&Fit on social media platforms)
Provided by you when you activate or stream a digital workout or live fitness class.

Facilitate access to and viewing of streamed materials made available through the program but hosted on, or streamed through, social media platforms.

Your use of the third-party website (Facebook, YouTube, etc.) to view publicly available live classes is governed by its own Privacy Policy and Terms and Conditions. If you comment on a workout video, your comment may be publicly viewable and ASH may receive your profile name, in order to reply to your comment.

Fitness Provider Search Personal Information:
Address
Provided by you.We use the address information you provide to conduct a search of Fitness Providers near your searched location. We do not share the address information you enter on our site with any third-parties.
Contact UsIdentifier:

First and last name
E-mail address

Personal Information:
Phone number,
Sponsoring Organization,
General inquiry details

Provided by you.To verify your information and to perform services addressing your questions, suggestions and complaints.

We may share the information outside of ASH as necessary to resolve your inquiry or concern when resolution requires third-party action, including, if applicable, with your Sponsoring Organization.

We share information with our Service Providers for auditing, detecting security incidents, debugging programs, internal research and tech development, and quality assurance and product improvement.

Cookies, Website Analytics, and Interest Based AdvertisingInternet or Electronic Activity Information:
Web server logs,
Cookies,
Web beacons,
Active&Fit Website browsing activity
Aggregated information provided by Google Analytics and other third-party pixels.

To perform auditing, detecting security incidents, debugging programs, internal research and tech development, quality insurance, and product improvement.

For registered members: To perform services related to advertising and marketing of affiliate products available to you through ASH as part of your Sponsoring Organization’s plan.

We do not share personal information related to the information that Google Analytics or third-party pixels provides to us with any other third parties.
Program features available to registered members
 Categories of Personal InformationSource of CollectionHow do we use?How do we share?

Website Registration/
Program Enrollment/
Benefit Administration

Identifiers:

First and last name,
Email address,
Username and password,
Security question and answer,
Fitness ID,
Sponsoring Organization Member ID (provided by your Sponsoring Organization)

Personal Information:
Phone number (optional)
Address

Protected Class Information:
Date of Birth

Provided by you during registration and by your Sponsoring Organization for eligibility purposes. 

To perform services to maintain and service your account, provide customer service, process transactions, verify customer information, and advertising and marketing of affiliate products available to you through ASH as part of your Sponsoring Organization’s plan. To perform auditing, detecting security incidents, debugging programs, internal research and tech development, quality assurance, and product improvement.

To provide a directory of Fitness Providers in your area.

Pursuant to the consent that you have given to your Sponsoring Organization, and (if applicable) as permitted under HIPAA and your Sponsoring Organization’s Notice of Privacy Practices, we may share information with the benefit administrator of said organization as necessary for benefit administration purposes.

With contracted Fitness Centers and/or Active Options providers (hereinafter “Fitness Providers”) for eligibility, reimbursement, and utilization reporting. Additional information shared may include Fitness ID, program name, location, and effective date/termination date.

Fitness Providers may share utilization data with Us for benefit administration purposes.

We may share email, first name, and last name with service providers who support email communications.

 

Digital WorkoutsIdentifiers:
IP Address Device ID
Fitness ID
Profile name (if you comment or interact with Active&Fit or Streaming Service Providers)

Provided by you to Streaming Service Provider when you activate or stream a digital workout or live fitness class.

Facilitate access to and viewing of streamed materials made available through the program but hosted on, or streamed through, the Streaming Service Provider’s platform.

To perform services such as maintain and service your account, provide customer service, process transactions, track utilization, and verify customer information.

With Streaming Service Provider for digital workouts.

ASH will share general utilization data with your Sponsoring Organization and our Service Providers for administrative purposes and billing purposes. If applicable, your Sponsoring Organization may receive personal information related to your use Digital Workouts for management of your incentive program. If you are enrolled in rewards, ASH may use utilization data to process rewards with your Sponsoring Organization.

Connected!TM
Feature

Identifiers:
Device ID

Personal Information:
Your fitness device activity information (e.g. steps, exercise duration, etc.)

When you agree to participate in the Connected! feature, you authorize your device to share your activity information with an activity aggregator, who forwards the activity information to Us to include in your account.

To perform services related to recording your activity, such as steps taken in a day, tracking your progress over time, and processing rewards, if applicable.

To perform auditing, detecting security incidents, debugging programs, internal research and tech development, quality assurance, and product improvement.

We may share information with the benefit administrator of your Sponsoring Organization’s plan to help you meet your health plan incentive, if applicable.
Active&Fit ASHConnectTM App

Identifiers:
First name
Last name
Username
Password
Device ID
IP Address

Personal Information:
Geolocation
Check-in/Check-out times

Provided to Us when you check-in on the ASH Connect app.

To perform services related to recording your activity, tracking your progress over time, finding fitness providers in your area, providing and monitoring use of resources, and processing rewards, if applicable.

To provide fitness related services to you, including, but not limited to the Resource Library and access to digital workouts.

We may share information with the benefit administrator of your Sponsoring Organization’s plan to help you meet your health plan incentive, if applicable, including fitness provider location and whether a qualifying visit occurred.

Active&Fit Healthy Living Coaching

Identifier:
First and last name,
E-mail address,
Personal Information:
Phone number,
Mailing address,
Sponsoring Organization name,
Video and/or audio recording of coaching session, Healthy Living Coaching Enrollment Information (e.g. information related to wellness goals,
Height,
Weight)

Protected Class Information:
Date of Birth
Gender

Sensitive Personal Information:
General health information

Provided by you.

Healthy Living Coaching Information is provided by you to ASH Fitness’ affiliate, American Specialty Health Management, Inc. (ASH Management). ASH Management provides the coaching services.

To perform services such as maintain and service your account, provide customer service, process transactions, verify customer information, and advertising and marketing of affiliate products available to you through ASH as part of your Sponsoring Organization’s Plan.

General health information is collected to ensure coaching program is appropriate for you.

ASH Management provides the coaching services with administrative support provided by ASH Fitness. Healthy Living Coaching Information noted herein is retained by ASH Management. ASH Fitness and ASH Management will share individually identifiable information (e.g., Identifiers, Personal Information, Protected Class Information, excluding Sensitive Personal Information) for administration of the coaching feature and to address any complaints.

ASH Fitness may share aggregate participation information with your Sponsoring Organization.

SurveysIdentifiers:

First and last name,
Email address

Personal Information:
Mailing address

Provided by you to ASH; when ASH uses our Survey Service Provider we share this information with the provider.To gather customer feedback to perform services related to internal research, tech development, quality assurance and product improvement.

With Survey Service Provider for administering the survey and/or ASH.

We may share aggregate results of the survey with Sponsoring Organizations, existing and potential clients and the public.

Home Fitness Kits Identifiers:

First and last name,
Email address,
Fitness ID

Personal Information:
Sponsoring Org. ID
Mailing Address
Phone Number
Which Home Fitness Kit you have selected

Provided by you to ASH Service Provider.

Information you enter on our Service Provider’s website may be subject to their Terms and Conditions.

To perform services such as maintaining and servicing your account, provide customer service, and bill your Sponsoring Organization for utilization.We share with your Sponsoring Organization for benefit administration, utilization reporting, and billing purposes.
Resource Library Educational Videos

Identifiers:
First Name
Last Name
Fitness ID

Personal Information:
Resource completion status

Collected through completion analytics and provided by you.To perform services related to recording your activity and processing rewards, if applicable.If you are enrolled in rewards, ASH may use utilization data to process rewards with your Sponsoring Organization.
Payment Processing We do not collect your credit card information or maintain it on our systems. If you choose to enroll in the Active&Fit Program, you will be asked to provide your credit card information to process any fees incurred by you as part of the program, including but not limited to, required annual and/or monthly dues. We use a PCI-compliant third-party payment processor to collect and process your credit card information. Active&Fit does not directly collect or maintain your credit card information.
Additional Sharing

For legal purposes, including: as reasonably necessary to comply with law or legal process (including a court or government order or subpoena); to detect, prevent, or otherwise address fraud, security or technical issues; to enforce this Privacy Statement or the Terms and Conditions for the Active&Fit program and the use of this Website; and as reasonably necessary to protect the rights, property or safety of ASH, ASH users, and/or the public.

During a corporate reorganization: If ASH is involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about users may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information. In the event of such a change, ASH will endeavor to notify our users of the change as well as any choices our users may have regarding the change.

Aggregate information: In addition, ASH may provide service providers, reputable third-party vendors and Sponsoring Organizations with aggregate statistics regarding user participation, Active&Fit Website traffic patterns and related Usage Information. The information so provided will not include individually identifiable information, meaning we will not share your Personal Information when sharing aggregate information.

Your Active&Fit Program may include access to other ASH products and programs, such as but not limited to, the Connected! and Active&Fit Healthy Living Features. These products and programs have separate Terms and Conditions and Privacy Statements and may be provided by affiliates of ASH Fitness. You should review and accept their respective Terms and Conditions and Privacy Statements before you use them.

If you consent to your information being used to access one of our affiliate products, the use of your information is governed by the Privacy Statement of the affiliate product.

If you choose not to provide your Personal Information, certain features of the Active&Fit Program and Active&Fit Website will not be available to you.

How Active&Fit Uses Personal Information

Publicly available program features

  • Viewing live workouts: If you click on the Active&Fit live workout links hosted on Facebook and YouTube, you will be redirected to those third-party websites to view the workout. Your use of the third-party website (Facebook, YouTube, etc.) is governed by its own Privacy Policy and Terms and Conditions. If you comment on a workout video, your comment may be publicly viewable and ASH may receive your profile name in order to reply to your comment.
  • Searching for a Active&Fit Fitness Provider: We use the address you provide to help locate Active&Fit fitness providers near you.
  • If you Contact Us, we collect your name, phone, e-mail address, inquiry type, and comment. We will use your information to process and respond to your inquiries and requests. We may share with your Sponsoring Organization to resolve any inquiry that require third-party action.
  • Additionally, We may collect your IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they use the Internet) and information obtained by tracking the "clickstreams" from usage of ActiveandFit.com (page requests, pages visited, content viewed, clicks and search queries made, etc.).

Cookies and other similar technologies

We use cookies and other similar technologies on the Active&Fit Website to help us remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, to compile group information about our users, and to carry out other tasks relating to the operation or improvement of the Active&Fit Website.

  • "Cookies" are small text files that are placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device. Each time you revisit the Active&Fit Website, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time. Please note that if you choose to disable or reject cookies from the Active&Fit Website, some portions and features of the Active&Fit Website may become inaccessible or may not function properly. For more information on how to manage cookies, visit http://www.aboutcookies.org/.
  • We may also use "web beacons" – which can be included in web pages or in emails for reporting and analytic purposes, such as counting users who have visited a web page and/or tracking usage patterns. We do not gather personal information of any kind via this activity. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, refuse HTML (select Text only) emails via your email.
  • Interest-Based Advertising: We may also work with a variety of advertisers, third-party websites/applications, and analytics companies that use these technologies to collect data about your use of the Active&Fit Website so that we can deliver ads to you based on your interests and online activities. This information does not identify you or give us access to your computer or mobile device. For more information about online advertising or to choose not to see interest-based ads, please visit http://www.aboutads.info/choices. Keep in mind that if you choose not to see online interest-based ads, you’ll still see ads, but they may not be as relevant to you.
  • Google Analytics: We use Google Analytics to collect information to improve the Website, such as how often users visit the Website, what pages they visit when they do so, and what other websites they used prior to visiting the Active&Fit Website. Google Analytics places a cookie on your web browser so that it can identify you the next time you visit the Website, and the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. If you don’t want Google Analytics to be used in your browser, you can install the Google Analytics opt-out browser add-on which is available at https://tools.google.com/dlpage/gaoptout
  • Do Not Track: Some web browsers incorporate a "do-not-track" (“DNT”) or similar feature that signals to websites that a visitor does not want to have his/her online activity tracked. If a website receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we (along with many other website operators) do not currently respond to DNT signals. For more information about DNT signals, visit www.allaboutdnt.com.

Program features available to registered members

  • Registering/Enrollment with the Website requires first and last name, date of birth, address, e-mail address, and home phone number. We also require a username and password to enter the password-protected area of the Active&Fit Website and a security question and answer to help recover your username and/or password. We will use your registration information to set up, administer, service, and communicate with you regarding your account. If you enroll in the Active&Fit program, we will use the eligibility information that your Sponsoring Organization sends ASH, including your Sponsoring Organization member ID, address, and date of birth to verify your eligibility and complete your enrollment. We may share your email, first name, and last name with service providers who support email communication.
  • Searching for and selecting an Active&Fit Fitness Provider: We use the address you provide to help locate Active&Fit fitness providers near you. If you enroll with a fitness provider, we will use your information to process your enrollment along with a Fitness ID we assign to your account with Fitness Providers. We do so to confirm your eligibility for services, to reimburse Fitness Providers and for reporting utilization of the Fitness Providers services. Additional information shared with Fitness Providers for these purposes may include your Sponsoring Organization’s program name, your effective date/termination date with Active&Fit, and the fitness provider location and date of your visit or use of the location. We may receive your fitness provider location and date of visit information directly from the fitness provider if the fitness provider is in the Active&Fit network. By selecting such a fitness provider for the purpose of participating in the Active&Fit program, you acknowledge and agree that the fitness provider may provide your visit information to us on your behalf. We also share your visit information, including Fitness Provider location and date of visit, with your Sponsoring Organization, if applicable, to manage your program.
  • Digital Workouts: For some digital workouts, ASH embeds Streaming Service Providers’ video platform directly onto the Active&Fit website. For such content, when you view the content, the Streaming Service Provider and ASH will receive analytic information such as IP address, Device ID, videos participants have selected to watch, and the timestamp when such participants watched the videos. The provider and ASH will use this information to receive data about the content being accessed and to process payment to the Streaming Service Provider. In addition, ASH will pair the information with your Fitness ID for program administration purposes. Your Sponsoring Organization may receive personal information related to your use of Digital Workouts for management of your incentive program if one is available to you. If you are enrolled in rewards, ASH may use utilization data to process rewards with your Sponsoring Organization.
  • If you use the Connected! feature of the Active&Fit Website, you allow ASH to record your activity related information, such as steps taken in a day, through your Connected! feature enabled device (activity/fitness tracker device). When you use the Connected! feature, your activity information will be transmitted from your device by your device manufacturer, to a third-party data aggregator that we use. After receiving the information from the aggregator, we will upload the information into your member profile/account on ActiveandFit.com. By using the Connected! feature, you allow us to receive this information from your device. We will use such recorded information to verify and determine whether you are eligible for applicable incentives or rewards under the Active&Fit program through your Sponsoring Organization. We may share the number of days in which you had activity with your Sponsoring Organization in order to manage your program.
  • If you use the ASH Connect app, you allow ASH to record your geolocation and duration at that location in order to track your activity and progress over time. ASH may share your activity information with the benefit administrator of your Sponsoring Organization for benefit administration purposes, including incentives or rewards, if applicable. Through the app you may also access digital workouts. When you access these classes, you will be accessing content provided by our Streaming Service Provider. The Streaming Service Provider and ASH may capture your Device ID and/or IP address in addition to noting that you linked to the site from the app. What classes are streamed are also tracked for program administration purposes and to process payment by ASH to Streaming Service Provider. We will collect your check-in and check-out times at such fitness provider and use the information in combination with your location information to determine eligibility for certain incentives or rewards in accordance with your applicable Program. NOTE:In order to track your activity through the ASHConnect mobile app, you must enable and allow GPS location tracking on your activity, and if you do not wish for your device location to be tracked, please do not use the ASHConnect mobile app because, without the location information, the app will not be able to log your fitness provider visits. To learn more about what data we collect through or within the ASHConnect mobile app and how we use the data, please review the ASHConnect mobile app Privacy Statement located in the footer of the ASHConnect app login page.
  • If you participate in Active&Fit Healthy Living Coaching, ASH will collect your first and last name, date of birth, gender, e-mail address, phone number, mailing address, and Sponsoring Organization name. The coaching is provided through ASH Fitness’ affiliate ASH Management. ASH Management uses the personal information you provide during coaching to provide you with the coaching services and to track your progress with your wellness goals ASH Management records video and audio coaching sessions for quality assurance and training purposes. ASH Management shares individually-identifiable participation information with ASH Fitness. The two affiliates may share your Identifiers and related Personal Information and Protected Class Information to perform services such as to maintain and service your account, provide customer service, process transactions, and verify customer information. ASH Management does not share coaching records or information obtained in a coaching session with ASH Fitness. ASH Fitness may share aggregate participation information with your Sponsoring Organization to administer your benefits under the plan. ASH Fitness may also exchange individually identifiable information with you Sponsoring Organization as necessary to resolve customer service issues that you may have involving your program. This information is not maintained on the Active&Fit Website.
  • Surveys: A portion of members are randomly selected for participation in surveys. If you are selected, your name, email address and mailing address will be forwarded to our Survey Service Provider for administration of the survey or used to process surveys conducted by ASH. If you receive a survey, your participation is optional. If you participate in a Survey, ASH will use your information and responses to improve our program and to share program aggregate feedback with your Sponsoring Organization, our existing and potential clients, and the public.
  • Home Fitness Kits: If you select a Home Fitness Kit on the Active&Fit website, we collect your name, date of birth, address, e-mail address, and home phone number during the website registration process. Additionally, you will provide your name, shipping address, email address, and phone number to the third-party Service Provider website to complete your Home Fitness Kit order. Information you enter on our Service Providers website may be subject to their Terms and Conditions. Your Home Fitness Kit selection will be shared with your Sponsoring Organization for billing and utilization reporting purposes.
  • Payment: If you are required to pay a fee to ASH in connection with your use of the Active&Fit program, ASH will use a third-party PCI DSS certified payment processor, to collect and process your credit card information. Active&Fit does not directly use or ask for your credit card information.

Sharing with Third Parties

ASH may share your information with third parties in the following circumstances:

  • With Service Providers: to provide services under the Program and to support the operation and maintenance of the Active&Fit Website. We may also receive product purchased information and aggregate statistical information from Vendors who are linked to the Active&Fit website for the purpose of program and product improvement. For example, if you make a purchase on a linked Vendor website for a product advertised on our Website, we may receive aggregate information on the product(s) purchased and website usage data. Active&Fit will not receive your individual payment or purchase information from Vendors.
  • For legal purposes, including: as reasonably necessary to comply with law or legal process (including a court or government order or subpoena); to detect, prevent, or otherwise address fraud, security or technical issues; to enforce this Privacy Statement or the Terms and Conditions for the Active&Fit program and the use of this Website; and as reasonably necessary to protect the rights, property or safety of ASH, ASH users, and/or the public.
  • During a corporate reorganization: If ASH is involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about users may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information. In the event of such a change, ASH will endeavor to notify our users of the change as well as any choices our users may have regarding the change.

ASH may also provide limited participation and aggregate usage information to your Sponsoring Organization and/or other entities that have contracted with your Sponsoring Organization to provide you with health-related services on behalf of your Sponsoring Organization. In certain limited situations, ASH may be required to provide some personal information to your Sponsoring Organization in order to perform billing, eligibility, and other administrative functions. In these situations, ASH ensures that there are security protections in place so that personal information is only disclosed to those who perform the benefit administration process described above as permitted by state and federal law, and not used for employment related or benefit underwriting purposes. If you submit credit card information to enroll in the Active&Fit program, Active&Fit engages a third-party payment processor to process your payment.

Disabling and Deleting User Accounts and Information

California residents see below. Except as expressly otherwise stated in this Privacy Statement, and except where applicable law provides otherwise, personal information collected on the Active&Fit Website cannot be deleted or removed from ASH’s database and will be retained for a minimum of 10 years in accordance with ASH’s record retention policy. User accounts, however, may be disabled upon written request, using the contact information at the end of this Privacy Statement.

Opt-out of Communications received from Active&Fit

If you have provided your email address, postal address, and/or telephone number to ASH, you may opt out of receiving marketing/promotional communications about affiliate programs that may be available to you from ASH by contacting ASH as described at the end of this Privacy Statement. To stop receiving marketing/promotional communications via email, you can also use the “unsubscribe” link contained in a marketing/promotional email you have previously received from ASH. Please note that email unsubscribe requests may take effect immediately.

NOTE: Your opt-out regarding our marketing/promotional communications will not stop communications from ASH of a transactional nature or as required by law. For example, we will still send you communications regarding your account, request or inquiry you have made with ASH, notices regarding material changes to the Active&Fit Website or its information practices, and other administrative notices.

Privacy of Minors

ASH is concerned about the safety of children when they use the Internet. The Active&Fit Website may be used by eligible participants at least 13 years old. If ASH becomes aware that a user is under the age of 13 and has provided Personal Information to ASH without prior parental consent, ASH will remove all information provided by such underage user from its database.

Security of Personal Information

In order to maintain the confidentiality of and safeguard the security of users’ personal information, ASH enforces strict company-wide policies regarding privacy, security, and confidentiality.

ASH has an organizational commitment to protecting privacy and security. All employees who work on the Active&Fit Website are made aware of security policies and practices through employee orientation and annual refresher training. Personal information is secured in an isolated database with tightly restricted access. Employees authorized to view this information are authenticated prior to gaining such access. ASH reviews web security on an ongoing basis. In addition to daily security administration and response activities, the Active&Fit Website undergoes an overall security review on an annual basis.

The Active&Fit Website uses Secure Sockets Layer (SSL) technology to protect the security of on-line order information, including credit card information. PayPal’s PayFlow Pro is utilized as the payment processor and is PCI compliant. ASH only maintains permissible cardholder data as per PCI-DSS, which is stored using AES-256 bit encryption. Users will see an unbroken key or a closed lock (depending on the browser used) in the lower left-hand corner of the browser window when SSL is active and the server is secure. The URL line of the browser will also contain "https" instead of "http".

Some versions of browsers and some firewalls don't permit communication through secure servers. In that case, users will not have the ability to connect to the server and therefore won't have the ability to place an order through an unsecure connection. Orders can be made over the phone by calling (877) 330-2746 if access to the secure server cannot be accomplished.

Third-Party Links and Services

For your convenience, the Active&Fit Website may provide links to third-party websites, platforms and online services not owned or controlled by or affiliated with ASH (each, a “Linked Third-Party Website/Service”). Linking or hosting a platform does not mean, and should not be deemed or construed to mean, that ASH endorses or approves or is affiliated with a Linked Third-Party Website/Service. ASH is not responsible for the information privacy and security policies or practices of a Linked Third-Party Website/Service. When you leave the Active&Fit Website to visit a Linked Third-Party Website/Platform/Service, this Privacy Statement no longer applies, and any information collected from or about you by a Linked Third-Party Website/Platform/Service will be governed by that site/service’s privacy policies and practices, which may be substantially different from those of ASH. A Linked Third-Party Website/Platform/Service may set or use its own cookies, web beacons, etc. to your computer or mobile device, and may collect information from and about you and use the information in ways that ASH would not. You access a Linked Third-Party Website/Platform/Service entirely at your own risk. You should always read the privacy policy associated with a Linked Third-Party Website/Platform/Service before disclosing any personal information.

For more on Links, please see the Terms and Conditions of this Website.

 

Note to international users.

The Active&Fit Program and Website are intended for U.S. residents. If you are outside of the United States and access the Active&Fit Website or submit your Personal Information to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. By using the Active&Fit Website or submitting your Personal Information to us, you consent to the transfer to and processing of your Personal Information in the United States.

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83 (known as the "shine the light" law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information, and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.

ASH does not knowingly share your personal information with third parties for their direct marketing use without your permission. California residents may send requests for information-sharing disclosure under this law by contacting us by mail at the address located in the contact section below. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

The California Consumer Privacy Act (CCPA) (California Civil Code 1798.100-199) provides California residents with specific rights related to the collection, use and disclosure of their personal information by us. While our privacy practices have adopted many of the CCPA requirements across our program, this section discusses specific rights and elements applicable to persons who are California residents at the time we collected, used or disclosed your personal information.

The CCPA and the details noted here do not apply to situations where your personal information is collected, used or disclosed by us:

  1. Where in our capacity as a business associate of a covered entity, we collect or maintain your personal information in the same manner as protected health information in compliance with privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). This may apply when your access to our program is made available to you as part of a health benefit plan operated by a plan sponsor who is a covered entity under the laws noted immediately above.
  2. Where your access to our program is made available to you through a sponsoring organization as part of the organizations’ policies or products subject to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, or the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050) of the Financial Code).

Additionally, should we receive CCPA-related requests that are manifestly unfounded or excessive, in particular because of their repetitive character, we reserve the ability to either charge a reasonable fee for taking the action requested or refuse to act on the request. If we refuse your request on this basis, we will notify you of the reason why.

If neither of the above situations apply to you and you are a California resident, you may exercise your rights under the CCPA as described below:

Right to Know: You have the right to request that ASH disclose what personal information we have collected, used, disclosed, and sold in the previous twelve (12) months.

To request this information, you may fill out this form. You may submit this form by emailing us at the following email: HIPAA@ashn.com with the subject line “California Privacy Rights” or by mailing said form to our address below. You may also utilize your Right to Know by phone at (877) 771-2746.

ASH will verify your request by matching information provided by you in the Right to Know Form to information housed in our internal systems.

If we are unable to verify the request, we will deny the request and provide notice of such denial. ASH may also deny requests if you submit the Right to Know Form more than twice in a calendar year or if your request is not sent to the designated email, phone number, or address.

ASH will grant, deny, or respond to a request within 45 days of receipt of the Right to Know Form. If an extension of time (up to a maximum of 90 days) is required, we will notify you and provide additional information about the process.

Right to Delete: You have the right to request the deletion of your personal information collected or maintained by the ASH.

To request this information, you may fill out this form . You may submit this form by emailing us at the following email: HIPAA@ashn.com with the subject line “California Privacy Rights” or by mailing said form to our address below. You may also utilize your Right to Delete by phone at (877) 771-2746.

ASH will verify your request in a two-step verification process. First, ASH will match information provided by you in the Right to Delete Form to information housed in our internal systems. Second, ASH will contact you to verify your identity and confirm your request, such contact may be made by phone or email.

If we are unable to verify the request, we will deny the request and provide notice of such denial. ASH may also deny requests if you submit the Right to Delete Form more than twice in a calendar year or if your request is not sent to the designated email, phone number, or address.

ASH will grant, deny, or respond to a request within 45 days of receipt of the Right to Delete Form. If an extension of time (up to a maximum of 90 days) is required, we will notify you and provide additional information about the process.

In response to your request, ASH may deny or grant your request. If ASH grants your request, we will notify you as to which of the following methods We have used to fulfill your request. We may do one of the following: (1) permanently delete your information from our systems; (2) deidentify your information; or (3) aggregate your information in accordance with CCPA requirements.

A denial of a deletion request may occur if ASH requires the use of your personal information to complete a transaction or provide services on your behalf, to detect security incidents and prosecute those responsible, to debug and repair errors that impair existing functionality, to exercise free speech or allow you to exercise free speech or any other right, to comply with the California Electronic Communications Privacy Act, to engage in public or peer-reviewed research with informed consent if deletion would seriously impair the achievement of such research, to enable solely internal uses that are reasonably aligned with the business relationship between you and ASH, or to comply with a legal obligation.

Right to Non-Discrimination: You have the right to exercise your privacy rights to know and to delete without facing discrimination of service or product offerings. Your use of Active&Fit will remain the same whether you exercise your Right to Know or Right to Delete under the CCPA.

Right to Authorize an Agent: You have the right to authorize an agent to communicate on your behalf. To authorize an agent, you may fill out this form. You may submit this form by emailing us at the following email: HIPAA@ashn.com with the subject line “California Privacy Rights” or by mailing said form to our address below. You may also utilize your Right to Authorize an Agent by phone at (877) 771-2746.

ASH will verify your request by matching information provided by you in the Right to Authorize Agent Form to information housed in our internal systems.

Additionally, if you have provided your agent with Power of Attorney, you do not have to fill out our form but will need to provide a valid copy of the Power of Attorney documentation.

If we are unable to verify the request, we will deny the request and provide notice of such denial.

Right to Opt-Out: ASH does not sell or knowingly share your personal information with third parties for non-permitted uses including direct marketing.
California residents may send requests for information-sharing disclosure under this law by contacting us at the following email: HIPAA@ashn.com with the subject line “California Privacy Rights” or by phone (877) 771-2746 or by mail address located in the contact section below. Please note that, under this law, we are not required to respond to your request more than twice in a calendar year, nor are we required to respond to any requests that are not sent to the designated email, phone number, or address.

CCPA Form 2021 Metrics – Active&Fit

 Requests to Know Requests to DeleteRequests to Opt-Out Right to Agent
Total # Received21300
# Complied with in Whole or Part2500
# Denied0800
Mean # of Days to Respond to Request23.51400
# of Requests Denied because request was not verifiable, was not made by a consumer, request related to exempt information, or wrong form submitted etc.0800

*Note: Numbers above reflect requests received by ASH Companies from all individuals, rather than requests received from consumers only. It also includes all specific requests received even if the request was determined to be unrelated to a product subject to the CCPA rights*

 

Program Contact Information

Questions and requests may be submitted through the Contact Us page of the Active&Fit Website, or using the following contact information:

U.S. Mail

Active&Fit Customer Service
P.O. Box 509117
San Diego, CA 92150-9117

By Phone

1-877-771-2746, 5 am to 6 pm Pacific Time, Monday through Friday (except for federal holidays).

E-mail

fitnessservice@ashn.com

If you need assistance with or require this Privacy Statement in an alternative format, please contact us at (877) 771-2746.

Privacy and Security Contact Information

ASH has a designated Privacy Officer and an Information Security Officer to oversee our privacy and security programs. You may direct questions about these programs to these individuals by either calling 1-877-427-4766 or emailing HIPAA@ashn.com.

Use of this Website is governed by the Active&Fit Terms and Conditions.