1. Collection and Receipt of Personal Information
Gymble may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:
- a. Account Information. When you register as a Member with the Service, we will ask you to provide us with your personal information, including as applicable your name, email address, physical address, gender and birth date. You can opt whether or not to provide additional personal information when establishing your account, such as personal preferences and likes and dislikes relating to fitness and exercise activities. We may also receive personal information from other websites with which we partner or link, such as Facebook or other social networks, if you register through those services.
- c. Use of IP Addresses. Gymble may use your IP address to help diagnose problems with our servers and to administer our Service. Your IP address may be used with the IP addresses of other members to gather broad demographic information to calculate usage levels of our Services. IP Address is only leveraged in relation to the Site and Service, and not shared with any third-party except where required by law.
- e. Contests and Surveys. From time to time, we may run contests and promotions and conduct online surveys in which we may invite you to participate. Participation is voluntary. Should you choose to participate, we may request additional information, including but not limited to name, email address and demographic information. We may also use contact data from our contests and surveys to send you information about our services and promotional material from some of our business partners. You may opt-out of receiving future emails relating to contests and surveys; see the choice/opt-out section below.
- f. Location Information. When you use the Services, we may collect certain location information from you. This information may consist of the location information you affirmatively provide in connection with becoming a Member or when registering for classes or other wellness activities. Your location information may also be collected automatically from your device. This location information may include your longitudinal and latitudinal coordinates. If you do not agree to this collection, you can change your privacy preferences on your device, but some functionality of the Services may be disabled.
We will use your Health Data to show you details of your activities in the App. We will not use your Health Data for marketing or advertising purposes. Your Health Data will be accessed locally through the native database and will not be collected or stored by native service and will never leave your device, be stored by the App or Service. Your Health Data will remain on your device. The App cannot read from the native database without your consent. For clarity, we do not collect any statistics about the behavior of users' health activity and we do not store any Health Data on our servers.
2. Use of Personal Information
- a. Provision of Goods and Services. Gymble will use your personal information for the legitimate interests of our business as follows:
- i. operate, maintain, and improve our App, Site and Services, including research and development activities, including beta testing
- ii. process and deliver contest entries and rewards.
- iii. respond to comments and questions and provide customer service.
- iv. send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
- v. communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
- vi. link or combine user information with other personal information.
- vii. protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
- viii. customize and tailor content and advertising to specific audiences or individuals.
- ix. provide and deliver products and services customers request.
- x. facilitate purchase transactions.
- xi. If you are a member via your employer, a broker, health plan or insurance carrier (“Group”), we may send you announcements and news feeds related to your Group and posted by the Group administrator.
- Xii. To investigate and help prevent security issues and abuse.
- b. Your Employer. If you are using the Service as part of any offering from your employer, we may share information regarding your use of the Service with your employer. Such information may include, but is not limited to attendance or participation in specific service offerings and utilization rates.
3. Sharing and Disclosure of Personal Information
This section describes how Gymble may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Gymble does not control how they or any other third parties choose to share or disclose Information.
- i. Disclose your personal information to companies who work on behalf of or with Gymble to provide the Service. Unless we tell you differently, these companies do not have any right to use the personal information we provide to them beyond what is necessary to assist us
- ii. Enhance or merge the personal information collected by us with data received from third-parties.
- iii. Release personal information and/or other information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state, federal or international laws or respond to a court order, subpoena, or search warrant.
- iv. Disclose personal information and/or other information about you that we believe, in good faith, is appropriate or necessary to enforce our agreements, take precautions against liability, to investigate and defend ourself against any third-party claims or oallegations, to assist government enforcement agencies, to protect the security or integrity of the Site or Service, and protect the rights, property, or personal safety of Gymble, our users or others.
- v. Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling prospective Gymble clients relevant metrics from the Service.
4. Data Retention
5. Other Terms
- a. Profiles/Public Spaces. Information you provide for your profile page may be accessed and viewed publicly unless you choose otherwise through the Service. Only your legal name is required to be shown publicly on your profile page. It is your option to show or not show the other profile information publicly on your profile page. Please remember that any information disclosed in publicly accessible areas of the Service will be disclosed to third-parties and become public information. Gymble cannot control and shall have no liability for third-party uses of information you make available in publicly accessible areas of the Service. As with any social networking service, you should exercise caution when deciding to disclose your personal or proprietary information.
- b. Usage of Gymble by Children. Gymble does not knowingly allow children under the age of thirteen (13) to sign up for an account on the Service or to otherwise disclose any of their personal information to us. If you are under 13 years old, please do not use or access our Service. We do not intend to collect information about children under the age of 13. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user’s information from our systems. If you are the parent or guardian of a child under 13 whom you believe has disclosed personal information to us, please contact us at firstname.lastname@example.org so that we may take the appropriate steps to delete and remove the child’s information from our systems
- c. Choice/Opt-Out. We may provide you the opportunity to opt-out of receiving certain communications from us and our business partners during registration or otherwise from time to time as you use the Service. Even if you opt out of such communications, however, we reserve the right to send you email and other communications to disclose maintenance and other service-related issues applicable to the Site or the Service.
- d. User Information Correction/Update. You may access, update and/or correct your account information at any time by clicking the “edit my profile” button on your profile page. You may need to supply certain information so that we can try to verify that you have authority to modify this information.
- e. Third-Party Sites. The Site or Service may contain links to other Internet sites. We have no responsibility for the privacy practices of other websites, including the websites of Facilities or Instructors, even if linked through to our Service. Our privacy policies do not apply to your use of such websites or information you may provide on such websites. We encourage you to review the privacy policies of any websites you may access through our Site or Services.
- f. Legal Requirements. We are committed to protecting your privacy as described in this policy while also fulfilling our responsibility to uphold all applicable laws and regulations. Due to potential legal requirements and other possible circumstances, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed or accessed in ways not otherwise described in this policy. We may be compelled under law to disclose information to government or third-parties under certain circumstances or third-parties may unlawfully intercept or access transmissions or private communications. Further, we can, and you hereby authorize us to, disclose any information to law enforcement or other government officials that we, in our sole discretion, believe necessary or appropriate in compliance with the law.
- g. Sale of Company or Assets. In the event that all or part of Gymble is acquired by or merged with a third-party entity, you agree that we may transfer or assign the information we have collected from you as part of such merger, acquisition, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
- h. International Users. While we are committed to implementing best privacy practices, we have done so in a manner designed to meet United States privacy laws and regulations. Therefore, if you are covered by any laws governing privacy outside of the United States you may not use our Site or Services. Gymble is based within the United States and does not offer goods or services to individuals in the European Union or monitor behavior of individuals within the European Union.
- i. Security. We will use reasonable security measures on the Site and Service to help protect against the loss, misuse and alteration of the personal information under our control. Additionally, Gymble takes reasonable steps to ensure that our third-party business partners, including our hosting partners, provide sufficient protection for personal information. However, due to the realities of data security, no security system or storage system can be guaranteed to be 100% effective or secure. Thus, we cannot guarantee that any information provided to us or collected by us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
- i. In the event that Gymble becomes aware of a security breach which we believe has resulted, or may result, in the unauthorized access, use, or disclosure of non-public personal information of users, we will promptly investigate the matter and notify the applicable parties of such breach. Such investigation will be without delay, consistent with (i) the legitimate needs of law enforcement; (ii) measures necessary to determine the scope of the breach; (iii) efforts to identify the individuals affected; and (iv) steps to restore the reasonable integrity of our Platform.
- ii. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the “Contacting Gymble” section below.
- l. California Consumer Rights. This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.” For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see the “Collection and Use of Personal Information” section above. We collect this information for business and commercial purposes and share this information as described in the “Use and Disclosure of Information '' section above. Gymble does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please note that we do use third-party cookies for our advertising purpose. Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, and to opt out of any “sales'' that may be occurring. We will not discriminate against you if you choose to exercise your rights under the CCPA. California consumers may make a request pursuant to their rights under the CCPA, but no more than twice in a 12 month period, by contacting us at email@example.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal information. We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected personal information. California residents are entitled to know how we respond to “Do Not Track” browser settings. However, we do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.