Privacy Policy

Last Updated: 8/15/2017

This Privacy Policy applies to all of the products and services offered by Netpulse Inc. (“Netpulse,” the “Company,” ”we,” and “us,” which terms shall include affiliates of Netpulse, Inc.) via its website located at http://www.netpulse.com/, its mobile application and the websites that Netpulse powers for our third party business partners where this Privacy Policy is presented or made available to you. Please see also the Netpulse Terms of Service because capitalized terms not otherwise defined in this Privacy Policy shall have the meaning set forth in the Terms of Service. Protecting your privacy is very important to us. Please read this Privacy Policy carefully before you use the Netpulse Services.

1. Information We Collect and How We Use It

Our primary goals in collecting information are to provide and improve the Netpulse Services, to administer your use of the Netpulse Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate the Netpulse Services. You may use some of the Netpulse Services without registration or providing any personal information to Netpulse. In order to provide the full personalized range of the Netpulse Services, we may collect the following types of information:

Information you provide – When you sign up for a Netpulse account or other Netpulse Service that requires registration, we may ask you for personal information, which includes personally identifiable information about you (information that can be used to identify you, such as your name and email address). If you choose to create an account through one of your accounts with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”), you may have to provide us with your username (or userID) so that your identity can be authenticated by the SNS Account. When the authentication is complete, we’ll be able to link your account with the SNS Account and access certain personal information, such as your name and email address, and other information that your privacy settings on the SNS Account permit us to access. We don’t receive or store passwords for any of your SNS Accounts.

We also collect some information about your activity and physical characteristics such as your home club, gender, weight, the name of your personal trainer, workout schedule, your workout data (such as the length and intensity of a workout, time of workout, equipment used, calories burned, distance, average speed), other activity and physical data, and an account password.

You have the option to provide additional information, some of which is personally identifying information, such as postal address, phone number, your time zone, a picture for your profile and a short description about yourself, but these items are not required. We also record and store information of your entertainment preferences during your workout, such as your music playlist and favorite TV channels. We may combine your non-personally identifying information with the personally identifiable information you submit to improve our Netpulse Services to you.

Cookies – We collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access the Netpulse Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Netpulse Services and to tell us how and when you interact with the Netpulse Services. We may also use cookies to monitor aggregate usage and web traffic routing on the

Netpulse Services and to customize and improve the Netpulse Services. Unlike persistent cookies, session cookies are deleted when you log off from the Netpulse Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Netpulse Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

Log information – When you access the Netpulse Services, information generated during your session will be automatically recorded and stored on our servers. These server logs may include information such as the webpages you visit within the Netpulse Services, the content you access, the

TV channels you watch and the date and time of your request to access the Netpulse Services.

Goals and challenges information – When you set your goals and/or join a fitness or exercise challenge through the Netpulse Services, we record and store your goal information (name, type, requirement, status, progress) and challenge information (challenges joined, completed, ranking leaderboard including the user names of other competing users).

Netpulse only processes personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

2. Choices for Personal Information

As noted above, when you sign up for a particular Netpulse Service that requires registration, we ask you to provide personal information. You can decline to submit personal information to any of the Netpulse Services, in which case Netpulse may not be able to provide those services to you. As appropriate, we will offer you a way to opt out of the use of personal information for some purposes.

3. Information Sharing

Netpulse may share your personal information with other companies or individuals outside of Netpulse in the following circumstances:

We have your consent. For example, if you choose to connect your account in the Netpulse Services to other third-party and social networking sites and want to make your public information available on those third-party sites, you may request that we do so via the Netpulse Services. We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. These parties are subject to appropriate confidentiality and security measures.

We may share some information, including your name, email address, Netpulse Services account ID and workout data (such as the length and intensity of a workout, time of workout, equipment used, calories burned, distance, average speed), with the home club (where you work out) and trainers (who you work out with) you have designated. In addition, if you access the Netpulse Service via a Netpulse-powered third-party business partner website, that information may be shared with the Netpulse partner as well.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Netpulse, its users or the public as required or permitted by law. If Netpulse becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, your personal information may be transferred in connection with such transaction, in which case we will use commercially reasonable efforts to ensure the confidentiality of any personal information involved in such transactions and provide notice when your personal information becomes subject to a different privacy policy.

From time to time, you may enter into a challenge or promotion offered via the Netpulse Services. If you do, we will share your name, email address, Netpulse Services account ID and workout data (such as the length and intensity of a workout, time of workout, equipment used, calories burned, distance, average speed) with your home club where the challenge or promotion takes place, so your home club can properly administer the challenge or promotion. We may share with third parties certain pieces of aggregated, non-personally identifying information, such as the number of users who viewed particular content, or the duration and intensity of a workout, for example, for industry analysis, demographic profiling and other similar research and marketing purposes. Such information does not identify you individually or personally. Please contact us as provided below for any additional questions about the management or use of your information.

4. Advertisement

We use third parties such as Google, Yahoo! and ZoomMedia/ClubCom to serve the advertisements on some of the pages of our website and to the Netpulse Services. Some of these companies and advertisers may place and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not ours. We do not share your personally identifiable information with any advertisers. We may use your non-personally identifying information or allow advertisers or companies that serve advertisements access to your non-personally identifiable information so we can better deliver promotional materials that are more relevant to you. This information may include your demographic information, geographic location, what content you access on our site, how you rate various content, language contained in your comments and other information.

5. Privacy Settings

Public

You can choose to make information about your activities and achievements via the Netpulse Services available to some other members of Netpulse Services. By choosing to share that information, you are making your information “public” within the Netpulse Services. Only people who are Netpulse members will be able to view, and make comments about, your public information via the Netpulse Services.

Your public information includes: your name, gender, profile picture, home club, your activities (such as workout types, challenges or goals), your achievements (such as workout duration, goals met or challenges completed), your favorites (such as your favorite workout routine or music to listen to during workout), and other users’ comments.

Private

If you do not want to share your information with other members of Netpulse Services, you can simply select to make your information “private.” This setting will not allow other members to view your information.

6. Linking to Your Accounts on Third-Party Websites; Sharing Via Social Media

The Netpulse Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service, including but not limited to fitbit.com or mapmyfitness.com, is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access. If you choose to connect your account with your accounts on other websites, including social media websites, some or all of your public information may be shared through this connection.

7. Email Settings

You are in control of the types of emails you will receive from us via the Netpulse Services. For example, you may choose how frequently you want to receive your workout report from us: after each workout, weekly summary, or monthly summary. You can also decide what types of notifications you want to receive from us: your goals, challenges, and/or system messages.

We may also email you newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information.

8. Information Security

We take reasonable and appropriate security measures to protect the information we collect from or about you against unauthorized access, use, alteration, disclosure or destruction. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

9. Accessing and Updating Personal Information

When you use the Netpulse Services, we make good faith efforts to provide you with access to your personal information and either to correct this information if it is inaccurate or to delete information at your request if it is not otherwise required to be retained by law or for legitimate business purposes. Please feel free to let us know if you would like your personal information corrected or removed by e-mailing us at privacy@netpulse.com.

10. Unsubscribing Your Account

You can permanently delete your account by sending us an email to support@netpulse.com to unsubscribe from the Netpulse Services. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law. Please note that we can only delete your information within the Netpulse Services. The information you have shared on 3rd party sites and services, such as your fitness progress shared on Facebook, is not stored in your account with us, even though you share it through Netpulse Services. Therefore this information will remain on those 3rd party sites and services even after you unsubscribe from us.

11. International Transfer

Your personally identifiable information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your personal identifiable information to us, we may transfer that information to the United States and process it there. Your use of the Netpulse Services and submission of any personal identifiable information represents your agreement to that transfer.

12. Our Policy toward Children

Our Services are not directed to people under 13 and we do not knowingly collect personal identifiable information from children under 13. If we learn that we have collected personal identifiable information of a child under 13 we will take steps to delete such information from our files as soon as possible.

13. EU-U.S. and Swiss-U.S. Privacy Policy

Our EU-U.S. and Swiss-U.S. Privacy Shield Compliance

14. Changes to This Privacy Policy

Please note that this Privacy Policy may change from time to time, and you should review it periodically.

15. Questions

Please feel free to direct any questions or concerns regarding this Privacy Policy or Netpulse’s treatment of personal information by contacting us through the Site or by writing to us at:

Privacy Matters
c/o Netpulse
560 Fletcher Drive
Atherton, CA 94027
privacy@netpulse.com