TYPES OF PERSONAL INFORMATION WE COLLECT
YUR collects Personal Information from its current, prospective, and former clients, customers, users, visitors, and guests (collectively “Individuals”).
Information You Provide Directly to Us. When you use the Services, contact us, or engage in certain activities, we may ask you to provide some or all of the following types of information:
User Profile. When you use the Services, you may be given the opportunity to create a “User Profile.” When you do so we may ask you to provide information about yourself such as your username, password, email address, weight, height, age, location, birthday, phone number, and image or avatar. Once your User Profile is created, anytime you log in to your account and/or use the Services, we may collect additional information from you, such as spatiotemporal virtual reality tracking data, the dates you used the Services, fitness performance history (including achievements earned, total output, speed, and calories burned), micronutrients consumed, walking and running distances, your followers and who you are following, and, to the extent you have worn a heart rate monitor incorporated with the Services, information about your heart rate and any other information that may be available from time to time. You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including YUR, to identify you and therefore you will not be anonymous. If your User Profiles setting is set to public, other registered YUR users will also be able to view certain information from your User Profile, and those users can contact or follow you through the Services.
Purchases. When you choose to purchase YUR products or Services from us, we may collect information from you including Personal Information, such as your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (“Financial Information”).
Location Information. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience and better understand your interaction with our products and services. Unless you otherwise provide us with your consent to do otherwise, this information will only be used by us and our Third-Party service providers to provide you with the Services or in an aggregated and anonymized format, which does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device.
Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, error logs, and other actions taken through use of the Services such as preferences.
Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations, to supplement information provided by you. For example, if you access our Services through a Third-Party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or Social Networking Sites (“SNS”) such as Facebook, we may collect information about you from that Third-Party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your user name, location, sex, birth date, email, profile picture and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to YUR and to enhance our ability to provide you with information about our business, products and Services.
HOW YUR USES YOUR INFORMATION
We acquire, hold, use and Process Personal Information about Individuals for a variety of business purposes, including:To Provide Products, Services or Information Requested. YUR may use information about you to fulfill requests for products, Services or information, including information about potential or future Services, including to:
Manage Individual information and accounts;
Respond to questions, comments, and other requests;
Provide access to certain areas, functionalities, and features of YUR’s Services;
Assist with monitoring your performance, health related statistics and usage trends;
Personalize exercise and activity goals for you based on your settings and your historical exercise or activity data;
Communicate with you about logistical matters; and
Review and contact you to answer requests for customer support or technical support.
Administrative Purposes. YUR may use Personal Information about you for its administrative purposes, including to:
Measure interest in YUR’s Services;
Develop new products and Services;
Ensure internal quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on YUR’s Services and systems, and, in YUR’s discretion, changes to any YUR policy;
Send emails to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service or system maintenance;
Process payment(s) for products or services purchased;
Process applications and transactions;
Prevent potentially prohibited or illegal activities; and
Enforce our Terms.
Marketing YUR Products and Services. YUR may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or Services. YUR may provide you with these materials by phone, postal mail, facsimile or email, as permitted by applicable law. Such uses include:
To tailor content, advertisements and offers;
To notify you about offers, products and services that may be of interest or about which you have previously expressed an interest;
To provide Services to you;
For other purposes disclosed at the time that Individuals provide Personal Information; or
Otherwise with your consent. You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 10 below.
Research and Development. YUR may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, YUR and/or its Third-Party service providers may perform research (online and offline) via surveys. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes, including, without limitation, to universities and research institutions.
Anonymous and Aggregated Information Use. YUR may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access YUR’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and YUR may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within YUR and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Other Uses. YUR may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING
Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics. We may also use Segment.io, Inc., Heap Analytics, Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services and to develop website content. This analytics data is not tied to any Personal Information. For more information about Segment.io, Inc., please visit https://segment.com/docs/legal/privacy/. You can opt-out of Segment.io, Inc.’s analytics program here: https://segment.com/docs/legal/website-data-collection-policy/#how-do-we-collect-data-on-our-website-. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt-out of Google’s collection and Processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of certain functions.
Performance Related. We may use Technologies to assess the performance of our Site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;
Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications or tools. This may include identifying you when you sign into our Sites or collecting error logs or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites;
Advertising or Targeting Related. We may use first-party or Third-Party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on Third-Party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as, whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our Sites, Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications and tools, and may prevent you from being able to access certain features.
THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS
The Site may contain links to other websites and other websites may reference or link to the YUR Site or other Services. These other domains and websites are not controlled by us, and YUR does not endorse or make any representations about Third-Party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.
The Site and our other Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a Third-Party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by Third Parties for any number of purposes.
THIRD-PARTY PAYMENT PROCESSING
When you make purchases through the Services, we may Process your payments through a Third-Party application, such as an App Store or, in the case of online purchases via a Third-Party payment processor. In these instances, the Third-Party application may collect certain Financial Information from you to Process a payment on behalf of YUR, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the Third-Party app’s terms, conditions and privacy policies.
INFORMATION WE SHARE
Business Collaborators. YUR may share Personal Information with our business collaborators, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested.
Displaying to Other Users. The content you post to the Services may be displayed on the Services. Other users of the Site may be able to see some information about you, such as, your name if you submit a review or provide a testimonial. We are not responsible for privacy practices of the other users who view and use the posted information.
Interest-Based Advertising and Third-Party Marketing. Through our Services, YUR may allow Third-Party advertising collaborators to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising collaborators. These advertising collaborators may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-YUR related websites within their networks. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising collaborators, you may opt-out of such sharing at no cost by following the instructions in Section 10 below.Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours’, ours’ or others’ rights, property or safety; (iv) to enforce YUR policies or contracts; (v) to collect amounts owed to YUR; (vi) to comply with records retention policies; (vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.
INTERNATIONAL DATA TRANSFERS
You agree that all Personal Information collected via or by YUR may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to YUR, you explicitly consent to the storage of your Personal Information in these locations.
OPT-OUT (RIGHT TO OBJECT TO PROCESSING)
General. You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to YUR’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by contacting email@example.com. This will likely negatively affect your ability to use the Services. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Site and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.
Mobile Devices. YUR may occasionally send you push notifications through our Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. YUR may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising. As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device.
RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION
Although YUR makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which YUR is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy, in the case in question or where it is commercially proprietary. If YUR determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.
SECURITY OF YOUR INFORMATION
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing.
Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at firstname.lastname@example.org. If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.
REDRESS/COMPLIANCE AND ACCOUNTABILITY
55 E 3rd Ave, San Mateo, CA 94401
Attn: Legal Department
OTHER RIGHTS AND IMPORTANT INFORMATION
New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is required by law or contract, YUR will endeavor to comply with the law or contract.
State Law Privacy Rights. California law may permit users who are California residents to request and obtain from us once per year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. If you are a California resident who wishes to exercise these rights, please use the information in Section 16 to contact us.
The following capitalized terms have the meanings set forth below.
“Agent” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, YUR or to which YUR discloses Personal Information for use on its behalf.
“Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes, certain Financial Information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.
“Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, YUR or YUR’s Agents.