Privacy

Last modified April 27, 2019

PLEASE READ THIS PRIVACY POLICY FOR THE KIDSFIT WEBSITE (“PRIVACY POLICY”), WHICH IS PART OF THE TERMS OF USE FOR THE KIDSFIT WEBSITE https://www.hy-veekidsfit.com/terms-and-conditions/(“TERMS OF USE”) CAREFULLY. ANY TERMS DEFINED IN THE TERMS OF USE SHALL HAVE THE SAME MEANING IN THIS PRIVACY POLICY. THIS PRIVACY POLICY PERTAINS TO YOUR ACCESSING AND USING THE SERVICE, INCLUDING BY USING THE WEBSITE AND ALL CONTENT AVAILABLE THROUGH THE WEBSITE.

The Service is operated by Hy-Vee (“We”). This Privacy Policy describes the information collected during registration for and through Your use of the Service, how We use it, how We share it, how We protect it, and the choices You can make about Your information.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. USING THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT USE THE SERVICE. You acknowledge (a) that You have read and understood this Privacy Policy; and (b) this Privacy Policy shall have the same force and effect as a signed agreement. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Privacy Policy.

Please review the Privacy Policy each time You use the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE PRIVACY POLICY. If We materially change this Privacy Policy, We’ll let You know by showing it to You again when You access the Service.

I. Information We Collect

We collect information from You when You register, log-in and use the Service, contact or interact with us, fill out a form, and voluntarily provide us with Your comments and other content in connection with using the Service. When calling us, Your telephone number and name may be collected.

When You register a Hy-Vee KidsFit account on the Website, We may collect Your name, email address, birthdate, self-selected fitness level, password, profile photo, and any other information that You provide in the registration process. If You are a parent or legal guardian consenting to the use of the Service by a child under the age of 13, please see Section X below for a description of the information that We may collect. We can access, store, and update the information You share through Facebook.

When You use the Website, We may collect Your Wi-Fi connection information, IP address, device information, information about the exercises You start and complete, including, but not limited to, the date and time of exercises started and completed, the number of rounds of exercises completed, and information about Your achievements (or “trophies”) earned, information about content for which You initiate a “favorite” action, information about share actions You initiate to a social media account, and dates related to Your registration, logins, notifications, consents, and other actions.

If You are 13 or over, when You register for the KidsFit Club and complete your profile, We may collect Your name, email address, preferred Hy-Vee store, mailing address, children’s birthdays, and referral source

If You are under 13, when Your Parent completes the KidsFit Club registration and profile, We may collect Your parent’s email address, an email address for the person who will receive the Club newsletters, parent name, preferred Hy-Vee store, mailing address, number of family members joining the Club, referral source, and, optionally, Your child’s birthdate and information about how You or Your child heard about the Club.

You may use some portions of the Service anonymously, though, except as provided in Section X below, We automatically collect information regarding each user of our Service, including Your IP address, the domain name of Your Internet service provider, the Service features You use and the time of Your use, Your mobile device information (e.g., device model and operating system version), and aggregated information that cannot be used to specifically identify You when You use the Service.

We may also collect information about You from third-party sources. The Service provides links to our Facebook, Pinterest, and YouTube Pages, and additionally facilitates sharing of blog and video content via Twitter. If You connect with these websites through the Service, We may receive personal information about You.

We may combine all of the information We collect from or about You and use it in the manner described in this Privacy Policy.

II. How We Use Your Information

We use the information that We collect for several purposes, including:

  • The purposes for which You provided it;
  • To provide the Service to You;
  • To obtain parental or legal guardian consent and send parental notifications;
  • To create or add to Your user profile or registered account;
  • To deliver KidsFit Club benefits, promotions, rewards, and monthly newsletters, and apprise You of upcoming area events;
  • To connect with Your Facebook account and post content You choose to share;
  • To process and respond to Your inquiries and comments;
  • To send You information about Your relationship with us;
  • To develop new products and services;
  • To personalize and enhance Your experience using the Service;
  • To send periodic emails. The email address(es) You provide may be used to send information and updates pertaining to Your account, in addition to receiving occasional company news, updates, related product or service information, etc. If at any time You would like to unsubscribe from receiving future commercial emails, We include detailed unsubscribe instructions at the bottom of each email;
  • To generate and review reports and data about our user base and service usage patterns;
  • To compile aggregate data for internal and external business purposes;
  • To display relevant advertising;
  • To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
  • To assist law enforcement and respond to subpoenas;
  • To provide information to representatives and advisers (e.g., attorneys and accountants) to comply with legal, accounting or security requirements;
  • To prosecute and defend a court, arbitration or similar proceeding;
  • To administer, operate and improve the Service and for internal business purposes; and
  • To perform other business activities as needed, or as described elsewhere in this Privacy Policy.
  • As explained elsewhere in this Privacy Policy, personal information We collect may be processed by our partners in providing related services to the Service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of products and software, hosting services, data migration services, and analytical services, among others).

As explained elsewhere in this Privacy Policy, personal information We collect may be processed by our partners in providing related services to the Service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of the products, software, hosting services, data migration services and analytical services, among others).

III. How Your Information is Disclosed

Except as provided in Section X below, Your information may be disclosed to third parties in accordance with this Privacy Policy. Please note that You may choose not to share certain information as described in Your Choices Regarding Your Information below.

A. Third Party Service Providers and Business Partners.

We use third-party service providers and business partners to perform functions in connection with the Service, such as communications, advertising, data storage, provision of products and services, social sharing and functions related to analyzing and improving the Service usefulness, reliability, user experience, and operation, and as otherwise described in this Privacy Policy. We may also share Your information with Apple and Google in their capacities as mobile application platforms, to be used in accordance with their respective privacy policies.

B. Business Changes.

If We are involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.

C. Affiliates.

We may also share Your information with our affiliates for purposes consistent with this Privacy Policy. Our affiliates will be required to maintain that information in accordance with this Privacy Policy.

D. Investigations and Law.

We may disclose information about You to third parties if We believe that such disclosure is necessary to:

  • Investigate fraud and abuse on the Service;
  • Take action regarding suspected illegal activities;
  • Enforce or apply this Privacy Policy or other agreements with us;
  • Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
  • Protect our rights, reputation, safety, and property, or that of users or others;
  • Respond to claims and legal process (for example, subpoenas); and/or
  • Protect against legal liability.

E. Aggregated Information.

We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any user.

IV.               Cookies, Local Storage, and Other Tracking Technologies

Cookies are small files that a website or its service provider transfers to Your device through Your Web browser (if You allow it) that enable the website’s or service provider’s system to recognize Your browser and capture and remember certain information. You can instruct Your browser to stop accepting cookies, but if You do not accept cookies, You may not be able to use all portions of all functionality of the Service.

  • Persistent cookies remain on the visitor’s computer after the browser has been closed.
  • Session cookies exist only during a visitor’s online session and disappear from the visitor’s computer when they close the browser software.
  • Flash cookies (also known as local shared objects) are data files that can be created on Your computer by the websites You visit, and are a way for websites to store information for later use. Flash cookies are stored in different parts of Your computer from ordinary browser cookies. You can disable the storage of flash cookies. For additional information about managing and disabling flash cookies, please visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
  • Web beacons are small strings of code that provide a method for delivering a graphic image on a webpage or in an email message for the purpose of transferring data. You can disable the ability of web beacons to capture information by blocking cookies.

We use cookies and other tracking technologies to help us understand and save Your preferences and interests, so We can personalize Your future visits and compile aggregate data about Website traffic and Website interaction to offer better Website experiences and tools in the future. Some of our business partners also use cookies on our Website, some of which may track users across websites and over time, except for children We know are under 13, as described in Section X.

When We send emails to our registered customers, We may track who opened the emails and who clicked the links through the use of web beacons included in the emails We send. We may use web beacons in emails to our registered customers in order to measure the performance of our email campaigns, and to improve our features for specific segments of customers. Web beacons allow us to collect information about when You open the email, Your IP address, Your browser or email client type, and other similar details.

V.                 Security

We implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information. Please keep Your account password secure to help ensure the safety of Your personal information.

While We take reasonable measures to protect the information You submit via the Service against loss, theft, and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the Service may not be secure. You should use caution whenever submitting information through the Service, and take special care in deciding with which information You provide us.

We cannot guarantee that transmissions of Your personal information will be fully secure, and that third parties will never be able to defeat our security measures, or the security measures of our third-party service providers. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.

VI.               Data Retention Policy, Managing Your Information

We will retain Your information for as long as You use the Service and for a reasonable time thereafter. Please note that some or all of the information We have collected may be required in order for the Service to function properly. We may delete email recipient information for any recipient who opts out of our emails, and We may delete information that is no longer reasonably necessary to fulfill the purposes that initially gave us the right to access such data.

VII.             Links to Other Websites or Applications

This Privacy Policy applies only to the Service. The Service may contain links to other websites or apps, or may forward users to other websites or apps, that We may not own or operate. The links from the Service do not imply that We endorse or have reviewed these websites or apps. The policies and procedures We describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies. Nonetheless, We seek to protect the integrity of our Service, and welcome any feedback about these linked websites and mobile applications.

VIII.           Your Choices Regarding Your Information

You have choices regarding the use of information by the Service.

  • Changing Your Information – To change Your information, You may log into Your account. If You are unable to log into Your account, please contact us at [email protected].
  • Closing Your Account – You may close Your account by contacting us at [email protected]. If the email account associated with Your email address is not active, We may close Your account without notice.

IX.                Do Not Track Policy

Except for users We know are under 13, We and our marketing partners may collect information about Your online activity after You leave the Service through cookies and other technologies We place on Your browser or device. Your browser may offer You a “Do Not Track” option, which allows You to signal to operators of websites and mobile applications and services (including behavioral advertising services) that You do not wish such operators to track certain of Your online activities over time and/or across different websites and mobile applications and services. The Service does not support Do Not Track requests at this time, which means that We collect information about Your online activity both while You are using the Service and after You leave the Service (except for users We know are under 13).

X.                  Children’s Privacy

We are concerned about the safety of children when they use the internet. We want You and Your family to be safe while using the Service, and urge parents to monitor and supervise their child’s online activities.

For a child under the age of 13 to use the Website, the child’s parent or legal guardian is required to consent to the collection, use, and disclosure of the child’s personal information, as described below. Hy Vee and its vendors will not collect, use, or disclose any personal information of children under the age of 13, unless their parents or legal guardians provide such consent. Without consent from a parent or legal guardian, children under the age of 13 will not be able to use certain portions of the Service.

If You are a parent or legal guardian who consents for Your child to use the Website, We will collect Your email address, and Your child’s name, birthdate, email address, self-selected fitness level, and password.

If you are a parent or legal guardian who consents for Your child to join the KidsFit Club, We will collect Your first name, last name, email address, mailing address, number of family members joining the Club, preferred Hy-Vee Store, and, optionally, Your child’s birthdate and information about how You or Your child heard about the Club. The information collected will be used to obtain Your consent to Your child’s use of the Service, deliver the Service, update You regarding changes to our Children’s Privacy Policy, deliver KidsFit Club emails, activities, benefits, and rewards, and assist You with customer service inquiries and technical support.

When Your child uses the Website, its landing pages, or interacts with our emails, We may collect Your child’s profile photo, Wi-Fi connection information, IP address, device information, information about the exercises Your child starts and completes, including, but not limited to, the date and time of exercises started and completed, the number of rounds of exercises completed, information about Your child’s achievements (or “trophies”) earned, information about content for which Your child initiates a “favorite” action, information about a share action to a social media account initiated by Your child, and dates related to Your child’s registration, logins, notifications, and other actions. We do not track or run analytics on children who We know to be under the age of 13. Personal information about children We know to be under the age of 13 will not be disclosed to any third parties, except as permitted by law.

Parents have the right to review, correct, or have deleted from our database their child’s personal information and/or have the right to refuse further collection or use of a child’s personal information. If You have questions about the collection and use of children’s information, or wish to make a request about Your child’s personal information, please contact us at [email protected]

XI.                Terms and Conditions

Please also visit the Terms of Use at https://www.hy-veekidsfit.com/terms-and-conditions/, which state the terms, disclaimers, and limitations of liability governing Your use of the Service.

XII.              Changes to Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time. Please review this Privacy Policy periodically, and especially before You provide any information. This Privacy Policy was made effective on the date indicated above.

XIII.            How to Contact Us

Please feel free to contact us by email at [email protected], by telephone at (800) 772-4098, or by writing us at Hy-Vee Customer Care, 5820 Westown Parkway, West Des Moines, IA 50266, if You have any questions about this Privacy Policy.

XIV.           Your California Privacy Rights

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at [email protected], by calling us at (800) 772-4098, or by writing us at Hy-Vee Customer Care, 5820 Westown Parkway, West Des Moines, IA 50266.