LAST UPDATED MAY 24, 2018
PowerDot Inc. ("PowerDot", "Us", "We, or "Our") respect your privacy and are committed to protecting it through our compliance with this policy.
INFORMATION WE COLLECT ABOUT YOU
We collect only the following types of information:
INFORMATION YOU PROVIDE TO US
We receive and store any information you provide to us through the use of the Service. For example, when you purchase or return a Product we may collect your name, email address, phone number, physical address, credit/payment card ("Card") numbers and expiration dates, Card security codes, your birthday, etc. Also, when you register for an account through the Powerdot Mobile Application (“Application”), we will collect information such as email, first and last name, birthdate, and gender. In addition, if you choose Sign In through Facebook option, we would know your Facebook account ID (which is usually the same as email).
2) We collect the following information for user and usage statistics (for internal marketing and business development purposes only): Gender (optional), Date of birth (optional), Level of fitness, fitness goals (optional), User location (reverse geocoded from the IP address, but we do not store IP address itself)
3) We collect the following information to serve certain application functions (eg historical tracking of stimulation sessions) as well as for advanced troubleshooting by our customer service staff: Date and time of the stimulation session start and finish, Stimulation program name, level and muscle group being used, Maximum and average Intensity values, Number of devices being used and serial numbers of PowerDot devices being used for the session, Version of operating system being used, Phone/tablet model being used, and Bluetooth connectivity errors relates information.
You can, of course, always elect not to provide certain information. That said, you may not be able to access certain products, services or features.
INFORMATION COLLECTED BY OUR PRODUCT
Powerdot devices are operated via the Application. The Application is capable of collecting usage statistics and debug information.
The Application collects the following types of information:
SHARING WITH THE POWERDOT COMMUNITY OR SOCIAL MEDIA
The Service may permit you to publish or post -- to the PowerDot community or on social media such as Facebook or Instagram - text, images or other communications ("User Submissions"). For example, you may be able to share certain biometric, fitness and athletic achievements with the PowerDot community of users. If you elect to share such information -- it will be disclosed to your intended audience. The functionality of the Site and Application will make it clear when you are about to share information in this manner - and the audience it will be disclosed to.
OTHER INFORMATION COLLECTED FROM YOUR USE OF THE SITE OR APPLICATION
Whenever you interact with our Site or Application, we may automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, "cookie" information, the type of browser and/or device you're using to access our Service, and the page or feature you requested. "Cookies" are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Site or Application are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device's acceptance of cookies, but this may prevent you from taking advantage of some of our features.
When we collect the usage information described in this section, we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data can tell us how often users use a particular feature of the Site or the Application, and we can use that knowledge to make the Service interesting to as many users as possible.
INFORMATION COLLECTED FROM OTHER WEBSITES AND DO NOT TRACK POLICY
INFORMATION COLLECTED FROM THIRD PARTIES
We may collect Personal Information from third parties we reasonably believe have the right to provide such information to us. In addition, we may collect Personal Information with your consent or as required by law or regulation.
HOW WE USE YOUR INFO
We use your Personal Information as follows:
INFO THAT DOES NOT IDENTIFY YOU
We may anonymize the information we collect from you so that you are not individually identified, and provide that information to our partners or the public in general. For example, we may publish reports regarding general issues of health and fitness across the Powerdot community. To be clear -- such disclosures will not identify you!
WHO WE SHARE INFO WITH
We neither rent nor sell your Personal Information in personally identifiable form to anyone. We may share your Personal Information with some third parties -- but only as described in this section:
With your Consent (Such as, Social Sharing)
We may share your User Submissions with third parties with your consent as you instruct us to do so (for example, if you consent to us sharing certain information with the Powerdot community or posting to a third party account on your behalf, such as to your Facebook wall or Instagram feed). The functionality of the Site and the Application will make it clear when you are about to share information in this manner -- and the audience it will be disclosed to.
Agents and Subprocessors (Such as, Our Payment Processor)
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. For example, we may use third parties to provide marketing, advertising, communications, infrastructure and IT services, provide customer service, process and administer consumer surveys, etc. In addition, we use a third party provider to process credit card transactions.
In the course of providing such services, these third party providers may have access to your information. But, they are only authorized to use or disclose your information in connection with providing us with their services. The subprocessors we currently utilize and the types of processing they do are listed below:
Heroku.com - cloud hosting service
Amplitude.com - statistics/advanced analytics service
Shopify.com - our e-commerce and order fulfillment serviceFor more information on the manner in which these third parties treat your personal information, please contact Customer Support at one of the points of contact outlined below.
Profile Information for the PowerDot Community.
Certain user profile information, including your name and location, may be displayed to other users to facilitate user interaction within the Service or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Additionally, if you sign into the Services through a third party social networking site or service, your list of "friends" from that site or service may be automatically imported to the Service, and such "friends," if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Service user profile. Again, we do not control the policies and practices of any other third party site or service.
We may choose to buy or sell the assets of PowerDot, Inc. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, your information could be one of the assets transferred to or acquired by a third party.
Protection of the PowerDot and Others.
UNDER CALIFORNIA CIVIL CODE SECTIONS 1798.83-1798.84, CALIFORNIA RESIDENTS ARE ENTITLED TO ASK US FOR A NOTICE IDENTIFYING THE CATEGORIES OF PERSONAL INFORMATION WHICH WE SHARE WITH OUR AFFILIATES AND/OR THIRD PARTIES FOR MARKETING PURPOSES, AND PROVIDING CONTACT INFORMATION FOR SUCH AFFILIATES AND/OR THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT AND WOULD LIKE A COPY OF THIS NOTICE, PLEASE SUBMIT A WRITTEN REQUEST TO: firstname.lastname@example.org
PowerDot processes personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
PowerDot ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
PowerDot takes Technical and Organizational measures in accordance with Article 32 of the GDPR
PowerDot respects the conditions referred to in paragraphs 2 and 4 of Article 28.3 of the GDPR for engaging another processor;
PowerDot will use commercially reasonable efforts, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GPDR;
PowerDot assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to the processor;
PowerDot will, at the choice of the controller, which should be exercised via the the Service or by emailing the choice to service@PowerDot.com, delete or return all the personal data to the controller after the end of the provision of services relating to processing, and will delete existing copies unless Union or Member State law requires storage of the personal data;
PowerDot will make available to the controller all information necessary to demonstrate compliance with the obligations laid down in Article 28.3 of the GDPR and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.
THIRD PARTY ADVERTISING
PowerDot will not provide these third party advertisers with any access to your Personal Information without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. However, please note that if an advertiser asks us to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach. In addition, we may allow advertisers to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an advertiser, in order for that advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are.
WHAT YOU CAN DO TO YOUR PERSONAL INFORMATION
Updating your information.
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law, by contacting Customer Support at email@example.com .
Data retention. Deleting your account.
If you are an EU citizen and you wish to request that we a) identify the personal information we have about you; b) delete the personal information we have about you; or c) exercise any other data subject right you may have under applicable law, please email us at firstname.lastname@example.org and we will work with you to comply with your request as legally required.
You can delete your account by emailing Customer Support at email@example.com . Subject to the "Limitations on Deletion" section below, when you request us to delete your account for the Service, your data will be permanently deleted from our servers and access to your account will be disabled. We will also disconnect our systems from your Card account(s).
Limitations on Deletion.
Even after you remove information from your profile or delete your account, your Personal Information may be retained by us on back-up servers indefinitely. In addition, we will continue to retain and use anonymized data (meaning data that does not specifically identify you). We keep such servers to help protect the stability and availability of the Service (such as protecting it from viruses and malfunctions).
In addition, copies of your information may remain viewable elsewhere to the extent it has been publicly published by your or otherwise shared by you with others (such as information posted by you to chat forums).
We may also retain certain information to prevent identity theft and other misconduct even if deletion has been requested. We may also indefinitely retain and use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
We have personal information retention processes designed to retain personal information of our customers for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
Laws and Regulations.
We may also retain your Personal Information to the extent required to comply with (or we deem it reasonable in light of) any laws or regulations.
THE LOCATION OF YOUR INFO
While your Personal Information is in our possession, it will be stored at hosting facilities located in the USA or other countries where we do business. These facilities are either operated by the PowerDot or our third party providers. By using the Service you are explicitly instructing us and consenting to have your Personal Information stored, transferred and processed in the USA.
The data protection laws of the United States and other countries may not be equivalent to those in your country of residence and when your Personal Information is in those countries it may be accessed by the courts, law enforcement and national security authorities in those countries in accordance with applicable laws.
THE SECURITY OF YOUR INFO
PowerDot takes reasonable precautions to protect your Personal Information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. That said, we cannot guarantee the security of such information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. No security system is perfect - so your use of the Service is at your own risk.
If we learn of a security systems breach, then we may attempt to notify you via email, phone, physical mail, or by a posting on your Service account page - so that you can take appropriate protective steps. Pursuant to our Terms of Service you have consented to receive such notice by electronic means (provided that such consent is void where prohibited by applicable law). To receive a free written notice of a security breach, or if you have any questions about the security of the Service, please contact us at firstname.lastname@example.org
In addition to the security measures referenced above, your Service account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at email@example.com
Please contact us if:
You may contact Customer Support at firstname.lastname@example.org