Effective 31st March 2020.
COLLECTING PERSONAL INFORMATION
In order to provide the Services; Pulse Fitness Ltd. asks Users for personal information when signing up. Such personal information may include but is not limited to name, username, email address, address, postal code, date of birth, gender, height, weight and profile picture (“User Data”). If Users choose to sign up via an external sign up feature made available by Pulse Fitness Ltd., some of the listed User Data will be transferred to PulseMove or Trakk from the Users’ designated sign up account. If Users subscribe to additional Services subject to charges, PulseMove or Trakk will also require Users to provide credit/debit card information.
When Services are used, additional User Data may automatically or voluntarily be collected. Such User Data may include but is not limited to Users’ athletic or recreational activities such as location information (GPS data) and other exercise and performance information, e.g. time, speed, cadence, heart rate, weight lifted, repetitions performed etc. Some information is dependent on your devices and may require additional hardware. Further User Data may be collected from user generated content.
Users are encouraged to keep their personal information (User Data) up to date at all times.
When information is provided to us, by Users, on a third party (e.g. invitation for friends to join); such third-party information will only be used for the specific purpose (e.g. delivering the invitation). Pulse Fitness Ltd. will not make any further contact with the third party unless the third party makes contact. Users must obtain consent from third parties prior to providing information to Pulse Fitness Ltd.
SHARING PERSONAL INFORMATION AND USER GENERATED CONTENT
Users agree and acknowledge that Pulse Fitness Ltd. may disclose to and make publicly available on the Sites or via Services their user generated content, including the User Data related thereto. No sensitive User Data will by default be disclosed to or made publicly available on the Sites or via Services (for example, but not limited to: email address, address, phone number, date of birth, health information, weight, credit/debit card information etc.). Auto-posting of activities and other user generated content to connected partners (e.g. Facebook, Twitter etc.) requires active consent from the User.
Where you signed up to PulseMove or Trakk through a Facility (“Facility”) which uses Pulse Fitness equipment, the data controller is the Facility.
Where you signed up to PulseMove or Trakk directly via the Sites or Service, Pulse Fitness Ltd. is the data controller.
Pulse Fitness Ltd. will seek consent from Users before sharing identifiable personal information with business partners, third parties or other individuals outside of the Facility to which the User belongs as a member.
However, Pulse Fitness Ltd. may need to transfer User Data to service providers in order to operate the Site and provide Services; for example, payment processing, data management, email distribution, market research, information management, promotions management etc. The transfer will be secure and the data recipient shall obtain no proprietary to User Data outside the purpose of the transfer.
Disclosure of User Data may occur when it is required to comply with the law, court order or similar.
Pulse Fitness Ltd. may share non-identifiable User Data with business partners, connected partners, advertisers etc.
CHANGING ACCOUNT SETTINGS
Users are able to modify personalised privacy settings via the Sites. Users are also able to modify or delete User Data or close their account via the Sites. However, Users agree and acknowledge that some user generated content which is displayed outside of Users’ personal profiles including activity feeds, other parts of the Services and on connected partners’ Services (e.g. Facebook, Twitter etc.), may continue to appear on the Services or on connected partners’ Services even after user generated content is removed or Users’ accounts are terminated. Furthermore; removed user generated content may persist in backup copies but will not be available to other users. Account deletion shall not limit Pulse Fitness Ltd.’s right to store information if required by law, for administrative purposes, court order or similar.
User Data may be transferred if Pulse Fitness Ltd. is involved in a merger, acquisition or asset sale in whole or in part. However, besides the actual transfer of ownership, Pulse Fitness Ltd. will continue to ensure the confidentiality of User Data. In the case of the aforementioned transaction occurring; Pulse Fitness Ltd. will provide notice to affected Users.
Users are encouraged to be included on mailing lists for both Pulse Fitness Ltd. and the Facility to which they belong as a member in order to receive electronic information, news and updates on products and services. Electronic information may be sent by email, SMS or push notification.
Information will only be sent to Users who have accepted to receive such communication. Users can unsubscribe from electronic communications at any time via the Sites or instructions contained within electronic messages.
Irrespective of User settings, Pulse Fitness Ltd. is entitled to send electronic communications to Users regarding the performance of Services, e.g. changes to Terms and Conditions of Use or other formal communications.
LINKS TO THIRD PARTY SITES AND SERVICES
Pulse Fitness Ltd., Facilities to which Users belong to as a member, Users in user generated content, third party service providers and advertisers may provide links to other internet sites or services. Since Pulse Fitness Ltd. has no control over such sites and services, no responsibility is accepted for availability, content, advertising, products, services or other materials available on such sites or services. The use of third party sites and services is subject to their own privacy policies.
AUTOMATICALLY COLLECTED DATA
When Users visit the Sites, data is automatically collected about their visit. This may include but is not limited to IP address, webpages viewed and the order thereof, duration of visit, website or search engine referrer, keywords entered, operating system, browser type/version and screen resolution.
Pulse Fitness Ltd. may combine data collected automatically with information Users provide for analysis and service customisation.
DATA PROTECTION AND DATA CONTROLLER
In order to protect User Data and other information stored, Pulse Fitness Ltd., the Facility and the data centre provider have implemented various security measures whereby data is stored in a secure environment and treated confidentially. User Data is only accessible to a limited number of employees at Pulse Fitness Ltd. who all have special access rights and are required to keep the information confidential.
Should you have any questions or comments regarding Terms and Conditions or Privacy, please contact firstname.lastname@example.org or email@example.com.
RIGHT OF ACCESS TO DATA
The General Data Protection Regulation (EU 2016/670) gives Users the right to a permanent copy of their personal data (subject access). Any such request for personal data must be made directly to the Facility to which Users belong to as a member, to firstname.lastname@example.org or email@example.com.
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