KINEMATIX Privacy Policy

Kinematix is always running to create the next big innovation that will help you be the best runner you can be. This mission covers everything we do, both online and offline, everything we create and everything we make available to you to use our products, including websites, applications and connected products and services.

This Privacy Policy discloses the policies of KINEMATIX SENSE, S.A. (“KINEMATIX” “we,” “our,” or “us”).  This policy describes the types of information we may collect from you or that you may provide when you use our electronic monitoring devices, access or use the KINEMATIX’s website(s) located at kinematix.pt (our “Website(s)”) and when you download, install, access or use our mobile applications, and/or any of KINEMATIX’s other offline, online or mobile products (collectively, the “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. Please read this Privacy Policy carefully to understand our policies regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is to not to access or use our Services. By accessing or using our Services, you agree to this Privacy Policy.  This Privacy Policy may change from time to time (see “Changes to this Policy)”.

If you do not agree with any part of this Privacy Policy or our Terms and Conditions, please do not access or continue to use any of the Services or otherwise submit your Personal Data.

This Privacy Policy covers:

1. The Information we Collect;
2. How we Use the Information we Collect;
3. Information sharing and disclosure;
4. Online Analytics and Tailored Online Marketing
5. Information Access and Retention;
6. How we Protect Information and Data Integrity;
7. Communications Choices;
8. Third Party and Marketing Content;
9. Users from outside the European Union;
10. Children;
11. How to Contact Us;
12. Changes to this Policy.

1. The Information we Collect.
How we collect and store information depends on the activities in which you participate, and the Services you use. Several categories of information are collected from you, as described below.

“Personal Data” is information that can be used, directly or indirectly, alone or together with other information, to identify you as an individual. This may include your precise Location Data and your Performance Data.

“Other Information” is information that is anonymous, aggregate, de-identified, or otherwise does not reveal your identity. Some examples include age, gender, browser and operating system, time spent using our Services, and webpages visited. We collect and use this information to understand how you and our community as a whole use our Services and constantly tune, enhance, innovate and build products and services to reflect the needs of Runners. When you are using a mobile device, we also collect and use your Apple Identifier for Advertising (IDFA) and Google Advertising ID (AAID) to recognize your device and support advertising activities on our Services. These number values are not permanently tied to your device and, depending on your operating system, you can reset it through your device settings.

In general, we do not consider Other Information to be Personal Data. Regardless, if we link together Other Information in a way that renders it individually identifiable, we will treat the combined information as Personal Data.

Information You Provide
Kinematix collects information to operate our business and provide you with the best running and training solutions. We collect both Personal Data and Other Information in support of these efforts.
We collect Information you give us or permit us to access, such as your:
• name, birth date, height, age, weight, gender
• email and physical address
• telephone number
• credit card information, when necessary

• paypal account information, when necessary
• social media information and profile
• location (GPS) information
• activity and performance information

When you do certain things, such as:
• Make a purchase
• Browse our products and services online;
• Provide registration information and/or create an account;
• Enter a sweepstakes or contest or register for a promotion;
• Participate in our blogs or online forums;
• Request certain features (e.g., newsletters, updates, and other products);
• Download our mobile application;
• Contact customer support;
• Apply for a job posting;
• Connect with the Services or otherwise allow us to access certain information about you via a social networking service; or
• Post user-generated content.
If you register on our online developer website (mytune.kinematix.pt), you will have the option to link your registration to your account and we will be able to collect your profile information.

Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose information through the Services, such as via our blogs or public forums, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties.

Automatically-Collected Information
When you use the Services, there is some information that we collect automatically.

Device Usage and Analytics Information.
We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services. As described further below, we may use third party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
• When you use our Website(s), we may collect and analyze information such as your IP address, browser types, browser language, operating system, the country from which you accessed the Services, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services and upload or post content, error logs, and other similar information.
• When you access the Services via a mobile device, we may collect information such as unique device identifiers (e.g., a UDID or IDFA on Apple devices like the iPhone, and iPad) and other information about your mobile phone or other mobile device(s), such as operating system, version, and time spent in different parts of our mobile app and other apps on your phone.
• When you use our mobile app, we collect certain analytics information about your use of these services (such as features and third-party apps used, log files, buttons pressed, and support requests and results). We collect and use most of this information solely in anonymous and aggregate form, but maintain log files in identifiable form for a period of time mainly for troubleshooting. This information helps us improve our products and services, troubleshoot bugs, and analyze device errors. Within your settings for the app, you may elect to disable analytics, although please be aware that disabling analytics may interfere with your ability to use the app or certain features, for example personalization or recommendation services.

Location Information.
When you install our mobile app, you will be asked to grant access to your mobile device’s geolocation data. If you grant such permission, we may collect information about your precise geolocation information (i.e., your real-time geographic location), and may use that information to customize the Services with location-based information and features. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.

Cookies and Other Electronic Technologies.
We use cookies and similar technologies, such as web beacons, to help us recognize you across different Services, improve your user experience, optimize our Services, increase security, analyze use and effectiveness of our Services, and serve and measure online marketing. Third parties may also place cookies and similar technologies on the Services. You can control cookies through your browser settings and other tools. For more information, including the types of cookies found on the Services, please read our Cookies Policy. By accessing and using the Services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this Privacy Policy and our Cookie Policy.
We may also use local shared objects (also known as “Flash cookies”) to assist in delivering special content, such as video clips or animation. Flash cookies are stored on your device, but they are not managed through your web browser. Please see the Adobe website for comprehensive information on how to delete or disable Flash cookies.

Information from Third Parties
We may obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from or about you with information we obtain about you from such third parties and affiliates and information derived from any other subscription, product, or service we provide. If you connect to a third party network, platform, app, or service through the Services, you are authorizing us to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the social network or other third party could provide to us based on your settings on the third party social network or platform. Your agreement takes place when you connect with the third party network, platform, or service via our Services, and/or when you connect with one of our applications through one of these services.

Anonymous or De-Identified Data
We may anonymize and/or de-identify information collected by the Services or via other means so that the information does not identify you. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose.

2. How we Use the Information we Collect.
We use the information that we collect in order to:
• Provide you with the services and products you have purchased or requested and send you information about your relationship or transactions with us;
• Notify you about new features of the Services, new products, special events, and send you newsletters;
• Administer sweepstakes and contests;
• Generate and review reports and data about our user base and Service usage patterns;
• Analyze the accuracy, effectiveness, usability, or popularity of the Services;
• Provide you with support and improve the content and features of the Services or develop new Services;
• Personalize the content and marketing that you see on the Services;
• Allow you to obtain materials that enable you to develop applications if you use our developer services;
• Send you marketing emails about KINEMATIX products, software updates, and third-party products, software, and services that we believe may be of interest to you if you have given us permission to do so;
• Send you push notifications about KINEMATIX products and third party products and applications that we believe may be of interest to you on your mobile device if you have given us permission to do so;
• Help prevent fraud and enforce the legal terms that govern your use of the Services; and
• Administer and troubleshoot the Services.

3. Information sharing and disclosure.
We do not rent, sell, or share your information with third parties except as described in this Privacy Policy. We may share your information for the following purposes:
• We may share your information with our service providers who use your information on our behalf to assist in business activities such as delivering certain features or services, order fulfillment, payment processing, marketing, and other similar services. These third parties are prohibited from using your personal information for promotional purposes.
• When you sign up to participate in a contest or sweepstakes, your information may also be provided to our sweepstakes or contest marketers, operators, or sponsors and the use of that information will be also governed by those marketers’, operators’, or sponsors’ privacy policies or practices.
• We may disclose your information when we believe in good faith that such disclosure is necessary in response to any subpoenas, court orders, or other legal process we receive, or to establish or exercise our legal rights or to defend against legal claims.
• We may disclose your information when we believe it appropriate in order to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service for the Services you accessed, and/or to protect our rights and property.
• As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, if permitted by law, user information may be among the transferred assets.
• We may provide your identity and mobile device identifier to third party app store providers (e.g., Apple iTunes Store) to allow you to download our mobile apps.
• When we otherwise have your permission.

4. Online Analytics and Tailored Online Marketing.
Online Analytics.

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in the Automatically-Collected Information section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to online marketing, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on by clicking here.

Tailored Online Marketing.
Third parties whose products or services are accessible or marketed via the Services may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (i) inform, optimize, and serve marketing content based on past visits to our Website(s) and other sites and (ii) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to visits to our Website(s). We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored marketing to you on the Services, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted marketing as described below. You may receive tailored marketing on your computer through a web browser. If you are interested in more information about tailored browser marketing and how you can generally control cookies from being put on your computer to deliver tailored marketing (i.e., not just for the Services), you may visit the Network Advertising Initiative’s Consumer Opt-Out Link and/or the Digital Advertising Alliance’s Consumer Opt-Out Link to opt-out of receiving tailored marketing from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent marketing technology is integrated into the Services, you may still receive marketing content even if you opt-out of tailored marketing. In that case, the marketing content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
When using a mobile application you may also receive tailored in-application marketing content. Each operating system, iOS for Apple devices, Android for Android devices and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application marketing content. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application marketing. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.

5. Information Access and Retention.
You may email us to correct, change or delete any information by using the contact information below in Section 11.
We will retain your personal information for as long as your account is active or as needed to provide you with the Services or any information you have requested. If you wish to cancel your account or request that we no longer use your information, contact us using the information below. After you cancel your account, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

6. How we Protect Information and Data Integrity
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent loss, misuse and unauthorized access, to maintain data security, and to use correctly the information we collect online. We have also put in place special safety measures taking into consideration the sensible data that you will provide us with such as controls of data carriers, insertion, use, access, transmission, transport, and any others that may be required by law. These safeguards vary based on the sensitivity of the information that we collect and store. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personal information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy, particularly because no internet or email transmission is ever fully secure or error free.

In addition, we process your information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the information we need to provide or improve the Services. We take reasonable steps to ensure that your information is accurate, complete and current but we depend on you to update or correct your own personal information whenever necessary.

7. Communication Choices.
Information collected by KINEMATIX is used for the purposes set forth in this Privacy Policy, and is subject to the choices discussed throughout this Privacy Policy. You will also have the ability to “opt-out” or unsubscribe from any KINEMATIX marketing communications via email or mail at any time using the contact information below. KINEMATIX also provides opt-out information in all marketing communications via an “unsubscribe” link in communication emails, which directly unsubscribes you from any further communication from KINEMATIX. Note that you do not have the ability to opt-out of non-marketing communications that KINEMATIX sends if you are a registered user of our Services or if you have engaged in transactions with us.

8. Third Party and Marketing Content.
The Services may contain links to third-party websites. We are not responsible for the privacy practices or the content of those third-party websites.
We also have relationships with third-parties to provide content, products, services, and functionality through the Services. When you use any services provided by these third-party providers, the providers may collect information from and about you, in which case the provider’s privacy policy (which may differ from this Privacy Policy) would apply. If you have any questions regarding the privacy policy of any of our providers, you should contact the provider directly for more information.

9. Users from Outside the European Union.
Your use of the Services may involve the transfer, storage and processing of your information to and in various countries around the world where our servers are located and our databases are operated that may have different levels of privacy protection than your country. By using the Services, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Privacy Policy, even in the case of data transfers outside the European Union as long as the states to where the data is transferred assures an adequate level of protection.

10. Children.
The Services are aimed at a general audience and are not intended for  children under 18 years of age. We will not knowingly collect personal information directly from children. If we become aware that we have collected personal information directly from a child under 18 years old (without verification of parental consent), we will delete the personal information provided by the child.

11. How to Contact Us.
If you have any questions, comments or concerns regarding our Privacy Policy or practices, please send an email to support@kinematix.pt or write to one of the following addresses:

– Portugal Headquarters:
Kinematix Sense, S.A.
Attention: Customer Service
Rua das Oliveiras, 72, 1,
4050-448 Porto, Portugal

– USA Headquarters:
Kinematix Sense, SA
Attention: Customer Service
8121 Bee Cave Road, Suite 100,
Austin, TX 78746

12. Changes to this Policy.
We reserve the right to change this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services or Products, or advances in technology. If we make any material changes to this Privacy Policy, we will post the updated Privacy Policy here and/or will notify you by email or by means of a notice on our app or Website(s). Please be advised that if you do not consent to the updated Privacy Policy you will not be able to use our Services or buy our Products.

 

Last updated on December 30, 2016

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