Privacy Policy

Last Updated: 05/24/2018

This Privacy Policy applies to all of the products and services offered by Netpulse UK and NetPulse Inc. (collectively, “Netpulse,” the “Company,” ”we,” “our,” and “us”) via its website located at http://www.netpulse.com/, its mobile applications, and the websites and mobile applications that Netpulse powers for our third party business partners where this Privacy Policy is presented or made available to you (“Netpulse Services”). 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. Please read this Privacy Policy carefully before you use the Netpulse Services.

If you have any questions about our privacy practices, please contact us as set forth in the section entitled “Contact Us” below.

1. Information We Collect

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. We also collect information for other purposes as described in this Privacy Policy. Some examples of the types of information we collect and where we collect that information include the following:

A. Information You Provide

You may choose to voluntarily submit other information to us through the Netpulse Services that we do not request, and, in such instances, you are solely responsible for such information.

B. Information Collected Automatically

We automatically collect information about your device and how your device interacts with the Netpulse Services. Some examples of information we collect include service use data (e.g., the features you use, the pages you visit, the emails and advertisements you view, the products you purchase, the time of day you browse, and your referring and exiting pages), device connectivity and configuration data (e.g., the type of device or browser you use, your device’s operating software, your Internet service provider, your device’s regional and language settings, and your device’s identifiers such as IP address, MAC address, and device advertising Id) and location data (e.g., latitude/longitude data or location derived from an IP address or data that indicates a city or postal code level).

We use various current – and later – developed technologies to collect this information, including the following:

C. Information From Other Sources

We also obtain information about you from other third party sources. To the extent we combine such third party sourced information with information we have collected about you through the Netpulse Services, we will treat the combined information in accordance with the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the data. These third party sources vary over time, but have included:

For further information on third party services, see the section entitled “Third Parties” below.

2. Information Use

Netpulse processes your information for the purposes described in this Privacy Policy. In addition to the purposes stated elsewhere in this Privacy Policy, Netpulse uses information about you for our legitimate interests, including to:

We also use information about you with your consent, including to:

We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.

3. Information Sharing

Netpulse shares your information as follows:

Without limiting the foregoing, we may share with third parties certain pieces of aggregated information that does not identify you, 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. Please contact us as provided in the section entitled “Contact Us” below for any additional questions about the management or use of your information.

4. Third Parties

A. Third Party Services

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.

B. Linking to Your Accounts on Third-Party Services; Sharing Via Social Media

f you choose to connect your Netpulse account with your accounts on other websites, including social media websites, some or all of your public information may be shared with the applicable third party service through this connection. Further, we may offer our content on social networks such as a Facebook and Twitter. Any information you provide to us when you engage with our content (such as through our brand page) is treated in accordance with this Privacy Policy. Also, if you publicly reference the Netpulse Services on a third party service (e.g., by using a hashtag associated with Company in a tweet or post), we may use your reference on or in connection with the Netpulse Services.

C. Analytics and Interest-Based Advertising

The Netpulse Services contain tracking technologies owned and operated by third parties. For example, we use tracking technologies from third party data analytics providers, such as Google Analytics, to help us analyze your use of the Netpulse Services, compile statistic reports, and provide us with other services relating to Network Services activity and Internet usage. We also use numerous third parties to serve the advertisements on the Netpulse Services and/or on third party services. Some of these companies and advertisers may place and access their cookies and tracking technologies on your device in order to track your activities across time and services for purposes of associating different devices you use, and delivering relevant ads and/or other content to you on the Netpulse Services and third party services after you have left the Netpulse Service (“Interest-based Advertising”). Other companies’ use of their cookies and tracking technologies is subject to their own privacy policies, not ours. We do not share your personally identifiable information with any advertisers. However, we do use your information or allow advertisers or companies that serve advertisements access to your information so we and they can deliver promotional materials that are more relevant to you. This information includes your IP address, device information, demographic information, geographic location, what content you access on our site, how you rate various content, and language contained in your comments.

For further information on tracking technologies and your rights and choices regarding them, please see the sections entitled “Information Collected Automatically” above and “Your Rights and Choices” below. Also, to learn more about some of the specific tools we use, please visit our page on Tracking and Remarketing Tools.

5. Your Rights and Choices

A. Access and Deletion of Account Information

When you use the Netpulse Services, we make good reasonable efforts to provide you with access to information you have submitted to us through your account 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 information corrected or removed by emailing us as set forth in the section entitled “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents and data subjects in Europe have additional rights as set forth in the sections entitled “Your California Privacy Rights” and “Your European Privacy Rights” below.

You may withdraw consent for certain types of data collection through your account’s privacy settings at any time. However, please note that sometimes withdrawing consent may prevent you from using the functions of the applications to their full extent.

You can permanently delete your account through your account settings or by sending us an email to us as set forth in the section entitled “Contact Us” below. 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.

B. Profile Privacy Settings

C. Tracking Technology Choices

Please be aware that if you disable or remove tracking technologies some parts of the NetPulse Services may not function correctly.

D. Analytics and Interest-Based Advertising.

You can opt-out of your data being used by Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.

Some of the third parties that collect information from or about you on the Netpulse Services in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members, please visit (i) for website opt-out, http://www.aboutads.info/choices; and (ii) for mobile app opt-out, http://www.aboutads.info/appchoices. In addition, some of these third parties may be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices/. You can also visit the EU online choices page at http://www.youronlinechoices.com/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

E. Notifications Preferences Management

The best way to stay on top of own fitness activity progress and the latest fitness facility news and announcements is via email and push notifications.

We may email you newsletters, your fitness activity progress and other information that may be of interest to you. You can manage your email preferences through your account settings at any time or by following the instructions as provided in emails to click on the unsubscribe link or emailing us at the email address set forth in the section entitled “Contact Us” below.

We may also send you push notifications to your mobile device with different fitness facility’s news and announcements, and fitness progress follow-ups and reminders. You can manage your notifications through your device setting any time or by emailing us at the email address set forth in the section entitled “Contact Us” below.

Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.

F. Your California Privacy Rights

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.

Netpulse may share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us as set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Netpulse is not required to respond to requests made by means other than through the provided email address or mail address.

Any California residents under the age of eighteen (18) who have registered to use the Netpulse Services and posted content or information on the Netpulse Services, can request that such information be removed from the Netpulse Services by sending an email to the email address set forth in the section entitled “Contact Us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.

G. Your European Privacy Rights

If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Netpulse Service. You also have the right to data portability, right to be forgotten, and the right to restrict or object to our processing of personal data we have collected about you through the Netpulse Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Further, if we are processing your information on behalf of one of our customers, we will refer you to that customer, and will support them to the extent required by applicable law in responding to your request. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.

6. Information Security

We take reasonable and appropriate security measures designed to protect the information we collect from or about you against unauthorized access, use, alteration, disclosure or destruction. Data is stored until the user explicitly requests the erasure of his/her account data stored on our servers or until the legal basis for the processing of the data is no longer valid. 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.

7. International Transfer and Privacy Shield

We are based in the United States and the information we collect is governed by United States law. Your 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 information to us, we may transfer that information to the United States and other jurisdictions and process it there. Your use of the Netpulse Services or provision of any information represents your agreement to that transfer and processing. If your data is collected in Europe, we will transfer your personal data subject to appropriate or suitable safeguards, such as the Privacy Shield Framework discussed below and/or standard contractual clauses.

The United States Department of Commerce has worked with the European Commission to develop the EU-U.S. and Swiss-U.S. Privacy Shield to allow U.S. companies to meet the EU and Swiss law requirements that personal data transferred from the European Union to the United States and from Switzerland to the United States be adequately protected. Netpulse will comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework regarding the collection, use, and retention of personal data from the European Union and Switzerland to the United States, respectively. Netpulse will certify that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability.

In accordance with our obligations under Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject to the Privacy Shield Principles all personal data transferred from the European Union and Switzerland to the United States in reliance on Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your personal data and that processes such personal data in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.

Any questions or concerns regarding our compliance with Privacy Shield should be directed to us at the address set forth in the section entitled “Contact Us” below. For complaints that cannot be resolved between us and you directly, you may file a complaint, at no cost to you, with our independent dispute resolution provider Whistic at the following website: https://www.whistic.com/privacyshield/complaints. In the event there are residual complaints that have not been resolved by Whistic, you can invoke binding arbitration in accordance with the Privacy Shield Principles.

To learn more about the Privacy Shield Framework, and to view our certification page, please visit https://www.privacyshield.gov/list.

8. Our Policy toward Children

The Netpulse Services are not directed to people under 13 and we do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) from children under 13. If we learn that we have collected personal information of a child under 13 we will take steps to delete such information from our files as soon as possible.

9. Changes to This Privacy Policy

Please note that this Privacy Policy may change from time to time, and you should review it periodically. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our services indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your email address.

10. Data Controller

EU data protection law makes a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). Netpulse may act as either a controller or a processor in respect of your personal data, depending on the circumstances. Netpulse, Inc., located at the address in the section entitled “Contact Us” below, is the controller with respect to information you provide through the Netpulse Services.

Sometimes Netpulse operates as a processor on behalf of a customer, a separate legal entity, which is the controller. For example, Netpulse provides technology for clubs and trainers to provide you with their own apps and fitness tracking. In such circumstances, Netpulse processes personal data on behalf and at the instruction of its customers. Please visit the applicable customer’s privacy policy for information about their privacy practices. Any questions that you may have relating to such personal data and your rights under data protection law should therefore be directed to the customer as the controller, not to Netpulse.

11. Contact Us

Please feel free to direct any questions or concerns regarding this Privacy Policy or Netpulse’s data practices by contacting us at:

Privacy Matters US, eGym Inc
c/o Netpulse
2530 Frontier Ave., Boulder, CO
80301
United States

privacy@netpulse.com

For EU-specific requests, please contact us at:

Privacy Matters UK
c/o Netpulse
Global house, 1 Ashley Ave,
Epsom KT18 5AD, UK
privacy@netpulse.com