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
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].
We collect information about you in the following ways:
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.
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.
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.
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.
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
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.
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.
PumpUp provides your information to third parties only for purposes to which you have consented, and, except as described below, 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
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.
You also have the ability to opt into features of the services which allow you to interact with other users on PumpUp's proprietary network, such as by following friends' workouts, "liking" other users' workouts, and commenting on exercises and workouts, and/or to publish your workouts and other personal data created through your use of the services on certain supported third party social networking sites and/or social media applications. By opting into these features, you are deemed to have given your consent to PumpUp's use, dissemination and publication of the information you have indicated that you want to share through these features, subject to the parameters that you indicate, even if such information constitutes or contains your personal information. Where such information is being shared with third party social networking sites and/or social media applications, you acknowledge that such information, once shared, is subject to such third party's data collection and privacy policies, over which PumpUp has no control, and for which PumpUp shall in no event be liable.
PumpUp has established the following practices regarding the maintenance of your personal information.
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.
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.
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.