Effective as of November 1, 2018
1. Personal data and information we collect from you
When you sign up to use the App, the types of personally identifiable information we may collect include: your email address and password, first and last name, gender, date of birth, height, weight, sports level and goal, and as you use the App, you may provide other information about your fitness activities, sleep, body condition and nutrition (collectively, “Personal Information”). You will be able to modify and update your Personal Information in the App.
We collect additional personal data from you to enable particular features within our App. This personal data includes your:
• movement data from your device’s accelerometer;
• sensor data, including ECG, heart rate and heart rate variability;
Information we collect automatically
When you access or use the App, we may automatically collect the following information:
Device Information: We collect information about the mobile device you use to access the App, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Location Information: We collect your IP address, time zone, and information about your mobile service provider, which allows us to infer your general location.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information about your use of the App, such as frequency of use, which areas and features of our App you visit and your use patterns generally, engagement tracking with particular features, etc. To collect this information, we may send cookies to your mobile device or computer. Cookies are small data files stored on your hard drive or in device memory.
YOUR CONSENT. By creating a profile in the App, you explicitly consent that:
II. PERSONAL DATA YOU PROVIDE TO US THROUGH THE ACCOUNT CREATION PROCESS INCLUDES PERSONAL DATA YOU ENTER INTO THE APP, SUCH AS YOUR ACCOUNT DATA (E.G. YOUR NAME AND EMAIL ADDRESS), AND YOUR HEALTH DATA (E.G. BODY MEASUREMENTS, PHYSICAL ACTIVITY AND OTHERS). DEPENDING ON THE DATA YOU PROVIDE, IT MAY ALSO CONTAIN INFORMATION ABOUT YOUR GENERAL HEALTH (E.G. WEIGHT, HEIGHT, AND OTHERS).
III. WE WILL NOT TRANSMIT ANY OF YOUR PERSONAL DATA TO THIRD PARTIES, EXCEPT IF IT IS REQUIRED TO PROVIDE THE SERVICE TO YOU (E.G. TECHNICAL SERVICE PROVIDERS), UNLESS WE HAVE ASKED FOR YOUR EXPLICIT CONSENT.
2. How we use your personal data and information
We may use your information, including your Personal Data, for the following purposes:
• To provide the features of the app:
- if you use our App to track your fitness activity or physical characteristics, we will collect this personal data and store it so that you can review it in the App. Your fitness activity data may include data you enter about your activity or data collected by your device during your activity. We may use this activity data to calculate further information about your activity, such as distance run, or calories burned, so that the calculated information can be provided to you as part of the functionality of the App.
- in many cases, to use particular features within our App you may need to provide us with additional data or additional consent to use particular data in a certain way. For example, to use the ECG or heart rate tracking features of our App, you may need to connect to a ECG and heart rate monitoring device.
• To analyze, operate, maintain and improve the App, to add new features and services to the App;
• To customize content you see when you use the App;
• To provide and deliver the products and services you request, process transactions and send you related information, including confirmations and reminders;
• To customize product and service offerings and recommendations to you, including third-party products and offerings (except data from Apple HealthKit);
• To verify your identity;
• To send you technical notices, updates, security alerts and support and administrative messages;
• For billing (invoicing), account management and other administrative purposes, if applies;
• To respond to your questions and requests and provide customer service;
• To monitor and analyze trends, usage and activities in connection with our App;
• To link or combine with information we get from others or (and) from you to help understand your needs and provide you with better service (to use in training of neural networks, artificial intelligence, as well as for any other automated decision-making processing);
• For scientific and academic research purposes; and
3. Your rights
Modification, correction and erasure
You are able to modify, correct, erase, and update your Personal Data by writing us at email@example.com.
You have a right to access your Personal Data you insert into the App and ask us about what king of Personal Data we have about you. You can do this by using the app settings or by writing us at firstname.lastname@example.org.
Individuals residing in the countries of the European Union have certain statutory rights in relation to their personal data introduced by the General Data Protection Regulation (the “GDPR”). Subject to any exemptions provided by law, you may have the right to request access to Personal data (including in a structured and portable form), as well as to seek to update, delete or correct Personal data:
Access to your Personal Data and Data Portability. The App gives you the ability to access and update Personal Data within the App and your account settings. You shall have the right to request information about whether we have any Personal Data about you, to access your Personal data (including in a structured and portable form) by simply writing us at email@example.com.
Erasure of your Personal Data. If you believe that your Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, or in cases where you have withdrawn your consent or object to the processing of your Personal Data, or in cases where the processing of your Personal Data does not otherwise comply with the GDPR, you have right to contact us and ask us to erase such Personal Data as described above. You can simply write us at firstname.lastname@example.org. Please be aware that erasing some Personal Data inserted by you may affect your possibility to utilize the App and its features. Erasure of some Personal Data may also take some time due to technical reasons.
Right to object processing of your Personal Data. You can object processing your Personal Data and stop us from processing your Personal data, simply write us at email@example.com. Please be aware that erasing some Personal Data inserted by you may affect your possibility to use the App and its features.
Notice about automated decision-making. We use automated decision-making tools (e.g. neural networks) that process your Personal Data in order to provide you proper features. Normally, such automated decision-making works more precisely, if you insert more Personal Data about your fitness activities that our neural networks can work with. Our neural networks process this information in order to track particular dependencies and correlations in your fitness activities, nutrition and physical characteristics and provide you more personalized information about your recovery, performance level and its predictions.
Notification requirements. We commit to notify you within reasonable period of time and your data protection authority within the timeframe specified in applicable law (72 hours) about any personal data breaches in the App.
Data Protection Authorities. Subject to GDPR, you also have the right to (i) restrict our use of Personal Data and (ii) lodge a complaint with your local data protection authority about any of our activities that you deem are not compliant with GDPR.
Please keep in mind that in case of a vague access, erasure, objection request or any other request in exercise of the mentioned rights we may engage the individual in a dialogue so as to better understand the motivation for the request and to locate responsive information. In case this is impossible, we reserve the right to refuse granting your request.
Following the provisions of GDPR we might also require you to prove your identity (for example, by requesting an ID or any other proof of identity) in order for you to invoke the mentioned rights, specifically if you exercise them in respect to special categories of Personal Data like data about health. This is made to ensure that no rights of third parties are violated by your request, and the rights described in this section are exercised by an actual Personal Data subject or an authorized person.
Please note that we will grant your request within 30 days after receiving it, but it may take us up to 90 days in some cases, for example for full erasure of your Personal Data stored in our backup systems – this is due to the size and complexity of the systems we use to store data.
4. Sharing your personal data and information
Facebook and Google. We use Facebook Analytics and Google Analytics tools to track installs of our App. Normally, Facebook and Google collect only non-personally identifiable information, though some Personal Data like device identifiers may be transferred to Facebook and Google.
Aggregated Information. We may also share aggregated, anonymized or de-identified information, which cannot reasonably be used to identify you. For example, we may share, including, without limitation, in articles, blog posts and scientific publications, general age demographic information and aggregate statistics about certain activities from data collected to help identify patterns across users.
5. Retention of your personal data
You should be aware that we may retain certain Personal Data and other information after your account has been terminated in an aggregated, anonymized form. Any posts or comments you submit may remain visible if and after you delete your account. We are not obligated to remove your posts or comments. We reserve the right to use your information in any aggregated data collection after you have terminated your account, however we will ensure that the use of such information will not identify you personally. We will also retain your Personal Data as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
If you remove data from your account, you will no longer see it in the App, but some backups of the data may remain in our archive servers for a reasonable period of time due to technical solutions we use. However, we undertake to delete any such backups within a reasonable period of time.
If you choose to delete the App, deactivate your account, we retain your Personal data for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
6. Personal data you elect to share with third parties
We take reasonable steps in order to ensure compliance of such third parties with any applicable laws that might govern processing of your Personal Data. For example, for the EU residents’ Personal Data we make reasonable efforts to ensure that such third parties are GDPR compliant and have GDPR compliant privacy policies in place.
We take all reasonable and appropriate measures to protect all collected Personal Data from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data that we process and risks associated with special categories of Personal Data we collect (information about health). Among others, we utilize the following information security measures to protect your Personal Data:
Pseudominization and tokenization of certain categories of your Personal Data;
Encryption of your Personal Data in transit and in rest;
Systematic vulnerability scanning and penetration testing;
Protection of data integrity;
Organizational and legal measures. For example, our employees have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of the App. We impose strict liability on our employees for any disclosures, unauthorized accesses, alterations, destructions, misuses of your Personal Data.
We commit to undertake privacy audit in case of Company’s merger or takeover.
We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable and appropriate steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.
8. Children’s privacy
General age limitation. We are committed to protecting the privacy of children. The App is not intended for children and we do not intentionally collect information about children under 13 years old. The App does not collect Personal Data from any person the Company actually knows is under the age of 13. If you are aware of anyone under 13 using the App, please contact us at firstname.lastname@example.org and we will take required steps to delete such information and (or) delete her account.
Age limitation for EU residents. Due to requirements of the GDPR you shall be at least 16 years old in order to use the App. To the extent prohibited by applicable law, we do not allow use of the App by the EU residents younger than 16 years old. If you are aware of anyone younger than 16 using the App, please contact us at email@example.com and we will take steps to delete such information and (or) delete her account.
9. Third party links
10. Email Communications
We may contact you from time to time via email to communicate with you about products, services, offers, promotions, rewards, and events offered by us and others, and provide news and information that we think will be of interest to you. You can always opt out of receiving emails by unsubscribing via the “Unsubscribe” link contained in the email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the App. If applicable laws prescribe so, certain exclusions may apply to the residents of some countries regarding an active opt-in for any email communications from us. We may ask such users at the registration screen to provide their consents for any such communications.
11. International personal data transfers.
General. The Company is based the United States and the information we collect is governed by U.S. law. Please be advised that U.S. law and laws of other countries may not offer the same protections as the law of your jurisdiction.
In addition, you agree that information collected through the App may be stored and processed in the USA, where the Company rents servers, or in any other country in which the Company or its affiliates, subsidiaries or agents maintain facilities, and by using the App, you consent to any such transfer of information outside of your country.
EU and Swiss residents. Please bear in mind that we may transfer your Personal Data to the United States which data protection is not deemed adequate under applicable data protection law.
2035 Sunset Lake RoadSuite B-2
Newark, DE 19702
12. Data protection officer
To communicate with our Data Protection Officer, please email at firstname.lastname@example.org.
13. Contact us
2035 Sunset Lake RoadSuite B-2 Newark, DE 19702
Email: email@example.com or firstname.lastname@example.org