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1. Collection and Use of Personal Information
A. Account Information. When you register as a user with the Service, we will ask you to provide us with your personal information, including as applicable your name, e-mail 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. UBQFIT 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.
E. 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 user 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.
H. Health Data; Recorded Lessons. As a part of the Service, you will be offered the option of having a private lesson at full price (a “Private Lesson”) or a public lesson for a reduced fee (a “ Public Lesson”).
a. Public Lessons. A livestream of a Public Lesson (a “ Livestream”) may
be available for other users of the Service to watch, and a recording (a
“Recording”) of such Livestream may be available for users of the Service to play
at any time.
If you opt into a Public Lesson, you are releasing UBQFIT from any and all liability arising from federal, state, or international privacy laws (including without limitation HIPAA) in any way relating to the Livestream or Recording or the inclusion of Metrics in the Livestream or Recording (as further described below).
Recordings will remain available only to users of the Service.
b. Health Data. You may opt into having certain of your health-related Metrics captured by your device(s) using the Service during a lesson. “Metrics” means any or all of the following: heartrate (beats per minute), steps, weight, or calories burned. Metrics may be embedded in a Livestream or Recording if you opt into a Public Lesson and may be alongside certain information entered by you, such as your username, weight, age, or self-assessed fitness level. You can choose not to provide the Metrics, in which case the Metrics will not be included in your Livestream or Recording of a Public Lesson.
2. Use and Disclosure of Information
A. Provision of Goods and Services.
a. UBQFIT will use your personal information to:
i. operate, maintain, and improve our App, Site and Services.
ii. respond to comments and questions and provide customer service.
iii. send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
iv. communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
v. link or combine user information with other personal information.
vi. protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
vii. customize and tailor content and advertising to specific audiences or individuals.
viii. provide and deliver products and services customers request.
ix. facilitate purchase transactions.
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.
D. Other Uses. We may also:
a. Disclose your personal information to companies who work on behalf of or with UBQFIT 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.
b. Enhance or merge the personal information collected by us with data received from third parties.
c. 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.
d. 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 ourselves against any third-party claims or allegations, 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 UBQFIT, our users or others.
3. 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. UBQFIT 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 UBQFIT by Children. UBQFIT 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 info@UBQFIT.com so that we may 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 e-mail 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 Web sites, including the Web sites of Instructors, even if linked through to our Service. Our privacy policies do not apply to your use of such sites or information you may provide on such sites. We encourage you to review the privacy policies of any web site you may access through the Site or Service.
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 UBQFIT 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.
a. European Union Resident Rights.
i. Notwithstanding the above, if you are accessing the site from the European Union, you have the following data protection rights:
1. You may access, correct, update or request deletion of your personal information at any time by contacting us using the contact details provided under the “Contact Us” section below.
2. You may object to our processing your personal information, ask us to restrict processing of your personal information or request portability of your personal information. You can exercise these rights by contacting us using the contact details below.
3. You have the right opt-out of any marketing communications we send to you at any time. You may exercise this right by clicking on the “Unsubscribe” link in the marketing emails that we send to you. Or you may reply to any of our marketing emails requesting to be removed from our email database.
4. If we have previously collected and processed your personal information with your consent, you can withdraw this consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
5. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, contact your local data protection authority.
ii. We will respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable laws. We reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations.
b. For users accessing the site from the European Union, we are the data controller for the processing of personal information under applicable law.
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, UBQFIT takes reasonable steps to ensure that our third party business partners, including our hosting partners, provide sufficient protection for personal information.