Privacy Policy

 

At Pump Up Inc. ("PumpUp"), your right to privacy is very important to us.  To provide personalized workouts, PumpUp's computer algorithm relies on collecting personal information to provide our users with workout and exercise recommendations.   In order to provide you with our services effectively, we collect certain specific information from you, and we also automatically collect information and data relating to the usage of our services by all our users, including you. Because we are committed to protecting your privacy rights and the information you provide to us, we have developed this privacy policy. It explains how we will protect your information and describes how we will use and share it.

 

This policy is concerned with the protection of your personal information only. Personal information includes any data that can be used to identify you as an individual, including your name, income, personal opinion, interests, home contact information, identification numbers, user IDs, passwords, ethnic origin, and age. Under Canadian law, in a business context, personal information does not include the name, job title, business address, or business telephone number of any employee in an organization.

 

This policy describes the following practices:

¤  Collecting information

¤  Sharing your personal information

¤  Maintaining your personal information

 

This privacy policy may change from time to time to reflect PumpUp's internal needs, customer feedback, or changes in applicable privacy legislation. PumpUp will post all such changes on our website at least 15 days before the changes take effect, so please visit this page regularly. Any material changes affecting the use or sharing of your personal information will be sent to you via email at least 15 days in advance of such changes taking effect.

 

NOTE:  PumpUp software and services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We do not permit children under the age of 13 to become members of PumpUp – we will close any accounts used by such children and will remove and/or delete any personal information we believe was submitted by any child under the age of 13.  If you believe that we might have any information from or about a child under 13 using our software or services, please contact us at [email protected].

 

Collecting information

 

In order to use the services provided by PumpUp, you will be required to provide specific information about yourself, such as your name and e-mail address.  We will always inform you when we need information that personally identifies you, and we will keep this information in strict confidence.  Additionally, you may, on occasion, voluntarily provide PumpUp with information that can be classified as personal information – all such personal information will be stored and maintained in accordance with this privacy policy.

 

We collect information about you in the following ways:

 

As part of your registration and preference choices for PumpUp's software and services

PumpUp offers the ability for you to submit information pertaining to your workouts and exercise choices, to determine a personalized exercise plan.  The amount and level of detail of the information you provide is completely up to you, so that you control the type of content that is sent to you by PumpUp.  Additionally, you will be provided with a user ID and a password, or the ability to create a user ID and/or password.  This user ID and password information is kept confidential and stored securely by PumpUp.

 

Automatically by PumpUp's software and services

PumpUp's software and services contain features that automatically collect information from users, such as workout statistics, and other tracking information, in order to provide you with workout and exercise recommendations. We use this information in order to provide you with a graduated exercise plan, and also to improve our services.  Additionally, use of PumpUp's website and/or software may result in the collection of technical information such as your computer's IP address, operating system, browser name/version, the referring web page, requested page, date/time, and sometimes a "cookie" (which can be disabled using your browser preferences); such information is used to help us understand the overall usage pattern of our website and software.

 

As part of your use of PumpUp's software and services

You have the ability to post information through PumpUp's services, such as comments and opinions. Please be advised that any personal information that you voluntarily post to any public forum or to any area where third parties may legally access it, will NOT be considered confidential in any way, and PumpUp will not have any obligation to protect it in a secured system or obtain your consent to its disclosure, as you will have made the decision to publicly post it.  However, at your request, PumpUp will be happy to change it, remove it, or restrict access to it (subject to technical feasibility) in order to protect the integrity of the personal information.

 

You contact PumpUp directly 

Customers and business partners often contact us directly. When you contact any PumpUp employee by telephone, e-mail, in person, or through our website, you will be asked to provide consent to the collection of personal information if your personal information will help us deliver the information, products, or services you require.

 

You respond to communications from PumpUp

From time to time, PumpUp may invite you to provide us with information for specific purposes.  We may ask for this information through feedback features on our website or software; we may send out e-mail inviting feedback or offering products and services; or we may ask you for information concerning support of our products or services. Your response to these communications may require you to submit personal information and opinions.

 

Your information is obtained through a third party

Occasionally, PumpUp will obtain information about you from third parties, such as mailing list providers, third party service providers, ISPs, or third party application or account providers. Third-party providers are responsible for obtaining consent for the release of personal information to us from those individuals identified on mailing lists, surveys, or through other collection methods.

 

Third party collection of your information

If you link to third party applications or websites through services provided by PumpUp, third parties may collect information from you through the use of such software applications or websites.  Additionally, these applications or websites may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by PumpUp, and are governed by the third party's terms and conditions and/or privacy policy. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.

 

Sharing your personal information

 

Subject to any exceptions stated above in the collection of information section, should PumpUp collect any of your personal information, we will follow these practices regarding the distribution of that information.

 

Your personal information is always protected

PumpUp uses reasonable precautions to protect your personal information and store it securely. Access to your personal information is restricted to those personnel who need it, and PumpUp takes reasonable steps to prevent the unauthorized use or disclosure of your personal information.

 

PumpUp only uses and discloses your personal information if it helps us facilitate your needs, improve our products and services, meet legal and regulatory requirements, or — to the limited extent possible — manage our internal business operations.  Additionally, if there are any disclosure or use restrictions in your consent to the collection of your personal information, PumpUp will abide by those restrictions (subject to the consent exceptions listed below).

 

PumpUp may combine your information with other information into an aggregate form, so your information no longer personally identifies you. We may then disclose the aggregate information to third parties, so they can obtain an overall picture of PumpUp's products, services, customer sectors and/or usage patterns.  This includes sharing aggregate user information with gyms that our users attend; you will not be identified as an individual in this aggregate information without your consent.

 

We only share your information with your consent

PumpUp provides your information to third parties only for purposes to which you have consented, and we require such third parties to keep your information confidential.

 

In a few situations, PumpUp may be required to disclose your information without your prior consent. For example, PumpUp may disclose your information if we are required to do so by law, or if we believe in good faith that such disclosure is necessary to:

á       comply with law or legal process

á       protect and defend our rights and property, or the rights and property of a third party

á       protect against misuse or unauthorized use of any of PumpUp's products, software, services, or other proprietary materials

á       protect the personal safety of any person

á       allow for a change of ownership of PumpUp and associated transfer of all personal information to the new owner of PumpUp – this does not affect the protection of your information under this Privacy Policy 

PumpUp will always try to provide you with prior notice of such disclosure; however, such notice may not always be possible or reasonable given the circumstances.

 

Additionally, you may opt to request services from us that involve the participation of third parties, such as disclosure of your workout history to a chosen gym.  Your personal information will only be used to the limited extent necessary to provide the services that you have requested, or to which you have otherwise expressly agreed.

 

Maintaining your personal information

 

PumpUp has established the following practices regarding the maintenance of your personal information. 

 

You can access and change your personal information at any time

Sometimes, it will be necessary for you to update your personal information PumpUp has on file. For example, if you change your e-mail address, you can do so by logging into your account with PumpUp and changing the information yourself.  Due to the way in which certain information is stored, it is not possible for you to obtain access to or change the statistical information that PumpUp stores pertaining to you, such as the number of workouts built for you or how many times you have used the application.  However, you may request that such information be destroyed, as described below.

 

You can opt out of communications at any time

Additionally, you always have the choice of whether you wish to receive information from PumpUp.  In some cases, you may do so simply by changing the preferences in the software application through which PumpUp provides the services.

 

If you do choose to opt out of communications respecting products and services provided by PumpUp, you may not obtain all the benefits we could otherwise provide, such as updates or warnings. PumpUp will not have any liability to you for your loss of those benefits or any negative effects respecting your use of PumpUp's products or services.

 

You can request that your personal information be destroyed at any time

A situation may arise where you desire to have all of your personal information that is contained in PumpUp's records deleted or destroyed.  If this is what you wish, please contact our Privacy Officer, who will take care of removing your personal information from all of PumpUp's records.  However, there may be situations where we are obligated to retain one archival copy of your information to allow us to comply with laws or respond to legal processes.  We will inform you of all such situations, and will only use your retained personal information to the limited extent necessary to comply with such laws or respond to legal processes.

 

Contacting our Privacy Officer

 

PumpUp welcomes your comments about this privacy policy, and we would be happy to provide any additional information you require. Please contact our Privacy Officer at:

 

[email protected]

 

This privacy policy supplements any agreements you already have with Pump Up Inc., such as your User Agreement, website terms and conditions, and any other software license agreement. Our privacy policy does not replace the terms of those agreements. By agreeing to those terms and using PumpUp's website, products, software and services, you are consenting to the collection and use of your personal information by PumpUp Inc. in accordance with this privacy policy. This policy was written in accordance with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).