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Outinomic Privacy Policy

Updated 03/2018

 

Outinomic, Inc., (“Outinomic”, “we”, “us”, or “our”) is committed to protecting your privacy. This Privacy Policy applies to:(a) the Outinomic mobile application software known as “COACHD” made available on the iOS and Android platforms (the “Software”); (b) the COACHD website located  at www.coachd.fit (the “Site”); (c) Outinomic’s proprietary online software platform made available over the internet, including any underlying technology (the “Platform”), and (d) services offered through the Site, Software, or Platform (“Services”).  For purposes of these Terms, clauses (a)-(d) collectively referred to as, the “Outinomic Service”).This Privacy Policy is a part of and incorporated into the Outinomic Terms of Service located at https://coachd.fit/legal (the “Terms”). If any provision of this Privacy Policy is inconsistent or conflicts with any provision in the Terms, this Privacy Policy will control with respect to the subject matter hereof.  Capitalized terms used in this Privacy Policy but not otherwise defined have the meanings given to them in the Terms.

This Privacy Policy is intended to inform you about the kind of information, including personally identifiable information, that we may collect from you in connection with your use of the Outinomic Service and how, and for what purpose, we use that information.

YOU GIVE US CONSENT

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use or access the Outinomic Service. By accessing or viewing the Outinomic Service, or submitting Personal Information through the Outinomic Service, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use, and disclosure of your Personal Information and Anonymous Information in accordance with this Privacy Policy.  You understand that by providing us Personal Information, you allow us to identify you. Some of the services we provide may be hampered if you do not provide us the necessary Personal Information.

PERSONAL INFORMATION v. ANONYMOUS INFORMATION

We collect both Personal Information and Anonymous Information, each as defined below, in connection with your use of the Outinomic Service.

Personal Information” is information that allows someone to identify or contact you, as well as any other non-public information about you that is associated with or linked to any of the foregoing, and can include, for example, an individual’s first and last name, phone number, and e-mail address.

Anonymous Information” means data that is not associated with or linked to your Personal Information; Anonymous Information does not, by itself, permit the identification of individual persons.

PROTECTING YOUR PRIVACY

We do not share, rent or sell your account information to any third party, except as expressly set forth in this Privacy Policy. Please help us protect your privacy by keeping your account information safe. Do not disclose your account password or logon information to anyone and keep changing it periodically. If you find that your account is being accessed by an unauthorized individual, please contact us immediately at support@outinomic.com.

INFORMATION WE COLLECT AND HOW WE USE IT

Device-Specific Information

Device-specific information includes the following information about your mobile device: platform type and version (iOS v4, Android, etc.), hardware and processor type, screen resolution and human readable hardware name.  We use this information to select appropriate art for the screen resolution, to identify your account to simplify sign-on, and to determine the hardware requirements of the user base for our Outinomic Service.

Registration Information

When you register an account with the Outinomic Service, you are required to provide us Personal Information. We collect and store the following Personal Information in connection with the registration of an account: your first and last name, email address, home or business address, age, and gender.

In addition, if you are access the Outinomic Service as a fitness trainer, we will collect and store the following additional information: fitness certification(s), college education, and number of years in the industry.

We may use the Personal Information you submit during the registration process to send you services-related communications. We may also use such Personal Information to send you electronic newsletters or promotional e-mails, unless you have requested not to receive such promotional communications from us as described below.

Profile Information

You may provide information to customize or enhance your user profile, such as, full date of birth, additional contact information, and your health status, for example your Par-Q, health history or any other relevant health information. We collect and store this information in your user account.

Location Information 

In order to use the Services, you may be required to consent to the use of your mobile phone’s location, including the display and disclosure of such location information to your invitees through the Services. You also understand that if you or your invitees provide any location information in any plans you make on or through the Services, that location information will be disclosed to you and all of your invitees on that plan.

Your Training Record

Your training record includes your user name and user profile, connections to other users, your trainer or your clients (as applicable), training and/or health plans (“plans”) made on or through the Outinomic Service, your and your invitees’ comments or modifications to your plans, and other information related to such plans created through your use of the Software, Platform or Services (collectively, the “Your Training Record”). Your Training Record is visible to your invitees to such plan for as long as you provide your invitees access to such plan.  We use Your Training Record to provide the Services to you and your invitees and to understand your use and preferences to improve the Outinomic Service.

Chat and Discussion-Related Information

This information includes user name and user profile, text and time stamps of the message, and the content of the message.  We use this information to moderate forums, chat rooms and instant messaging communications.  Information you post in forums, chat rooms and instant messaging communications are publicly available and other people may see it.  Messaging your invitee group using the Services is visible to all of the persons you have invited to that group.

Social Media Credentials

When you connect or associate your Outinomic account to third-party social media sites, for example Facebook, Twitter, LinkedIn, Pinterest, or Instagram, we collect your user name/ID for the applicable social media site, session key, timestamps and your user profile picture URL provided by such social media site, and list of friends’ social media identification.

Invitees

If you decide to invite a third party to create an account with Outinomic, we will collect your and the third party’s names, e-mail addresses and/or mobile/ cell number, in order to send an e-mail and/or sms text on your behalf to the third party.  We send these invites on your behalf and as your service provider.  You agree that you and/or your friend are responsible for any text messaging rates that apply.  You or the third party may contact us at support@outinomic.com to request the removal of this information from our database.

Feedback and Communications

If you provide us Feedback or contact us via e-mail, we will collect your first and last name and e-mail address, any information requested in our Feedback forms, as well as any other content included in the e-mail or Feedback and polling forms you send to us.  Any Feedback you provide will be governed by the Terms.

We may use Personal Information submitted in your communications to contact and respond to you and otherwise in the same manner as described above for registration information.

Log File Information 

When you register an account with or access the Outinomic Service, our service provider may collect, and share with us, information such as your web request, IP address, access times, and other browsing information.

This information is used to provide you the Outinomic Service and other services requested by you, improve the Outinomic Service and other services provided to you by us, customize the content and/or layout of the Outinomic Service, notify you about updates to the Outinomic Service, and contact you for our own internal marketing purposes.

Cookies 

We use both browser cookies and Flash cookies to keep and track your information. A cookie browser is a small file placed on the hard drive of your computer. Certain features of the Outinomic Service may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Outinomic Service, such as, keeping track of your purchases or shopping cart, storing your login name and password, and tracking click stream data. Flash cookies are not managed by the same browser settings as are used for browser cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Outinomic Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Outinomic Service. You can remove cookies by following directions provided in your Internet browser’s help file, provided, however, that by doing so, you will not be able to utilize full functionality of the Outinomic Service.

Web Beacons

Pages within the Outinomic Service (including, our website) and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain content and verifying system and server integrity). This information is used to enable more accurate reporting, improve the effectiveness of our marketing, and improve the Outinomic Service.  We do not use web beacons to store or link to Personal Information.

Anonymous Information

We may create Anonymous Information records from Personal Information by excluding information (such as your name) that would otherwise make such data personally identifiable to you. We may use Anonymous Information at our discretion and for any purpose.  We may share Anonymous Information with the public or partners, for example, by providing or conducting research about fitness and health.  When we provide or use this information, we employ procedures so that the data does not identify you and we contractually prohibit recipients of the data from manipulating the data in a way that would re-identify it back to you.

Other

We may provide certain additional services and/or communications if you select such additional services and/or communications by opting-in to such additional services and/or communications using certain buttons provided in the user interface of our services.  We will collect your name, e-mail address and telephone number (if provided) and any other information we specify in the user interface of our services where you opt-in by clicking on such buttons. We may use such Personal Information to send you the corresponding additional services and/or communications.

Collection by Third Party Tools

The Outinomic Service may also contain third party tracking tools from our service providers, an example of which includes Google Analytics. Such third parties may use cookies and application programming interfaces on our Outinomic Service or through certain services to enable them to collect and analyze user information on our behalf.  While a third party may have access to your Personal Information in connection with the performance of services for Outinomic, it may not use such information for any purpose other than providing services to Outinomic.

HOW WE SHARE YOUR INFORMATION

We will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, as set forth below.

Service Providers 

We may provide your information to third party service providers (such as, but not limited to, our cloud service provider) who need the information to perform services for us. These third-party service providers are required not to use your Personal Information other than to provide the services requested by Outinomic.

Affiliates

To provide the Outinomic Service and various services to you, we may use the efforts of its parent company, and any subsidiaries, joint ventures, or other companies, existing or formed in the future, under a common control (collectively, “Affiliates”). We may share some or all of your Personal Information with our Affiliates in which case we will require our Affiliates to comply with this Privacy Policy.

Business Transfers

As we develop our business, we might sell or buy businesses or assets. In the event we are acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from our users as a part of such merger, acquisition, sale, or other change of control.  In an event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors’ rights generally, your Personal Information may be transferred by the trustee.  If Outinomic or any of its Affiliates is acquired by or merged with a third party, that third party will possess the Personal Information in Outinomic’s or its Affiliate’s possession and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Information You Tell Us to Share

You may request or direct us to share your information with other parties, for example, your trainer or your client if you are using the Outinomic Service in connection with a training or fitness program or to social media sites such as Facebook or Twitter to send status and progress updates of you training program.  Once you request us to share that information with a third party, that information is controlled and governed by that third party’s privacy policy.  You can revoke your consent to share with any third party at any time by emailing support at support@outinomic.com; however, any information shared prior to the effective date you revoke consent, shall be subject to the privacy policies of the applicable third party in possession of such information.

Other Disclosures

Regardless of any choices you make regarding your Personal Information (as set forth below), we may disclose your Personal Information (i) to respond to subpoenas, warrants, court orders, lawful requests or legal process, (ii) to establish or exercise our legal rights or defend against legal claims or protect other users, (iii) in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, or as otherwise required by law, or (iv) to investigate, prevent, or take action regarding any violation of this Privacy Policy or the Terms.

YOUR CHOICES

Changes and Deletion of your Data

If your Personal Information changes, or if you no longer desire to use or access the Outinomic Service, you may correct, update, amend, delete or request deletion by making the change in your registered account settings page, or by contacting us at support@outinomic.com. We will retain your information for as long as your account is active or as needed to provide you services. Please note that even if you have asked us to delete your account or any associated data as described above, we may be required to keep certain of your information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.  In any event, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Opting Out of Marketing

We may periodically send you e-mails that directly promote the use of our Outinomic Service or to tell you about services we believe will be of interest to you. Out of respect for your privacy, you may choose to stop receiving our marketing emails and you will have the opportunity to “opt-out” by following the unsubscribe instructions included in these emails or you can contact us at support@outinomic.com.

Services-Related Communications

While you may “opt-out” of certain services-related communications by following the unsubscribe instructions provided in the e-mail you receive or by contacting us at support@outinomic.com, you may not, despite your indicated e-mail preferences, “opt-out” of other services-related communications regarding your account or any payments made, or to be collected, by you, including receiving notices of any updates to our Terms or this Privacy Policy, except by terminating your account.

SECURITY

Outinomic employs technical and administrative control and maintain the security of information collected through the Outinomic Service. Although we follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive, no method of transmission over the Internet, or method of electronic storage, is 100% secure and no company, including Outinomic, can completely or effectively eliminate the risks connected to handling information on the Internet. You acknowledge and agree that you provide your Personal Information at your own risk.  If you have any questions regarding our security measures please contact support@outinomic.com.

CHILDREN

Outinomic does not knowingly collect or maintain Personal Information from or about children under the age of thirteen (13) and the Outinomic Service is not intended to be used by persons under thirteen (13). If you are under the age of thirteen (13), please do not use the Outinomic Service at any time nor in any manner   If we learn that Personal Information of persons under thirteen (13) years of age has been collected on the Outinomic Service, then we may deactivate the account and/or make the user content inaccessible. If you find that we have personal information about anyone below thirteen (13) years of age, please inform us at support@outinomic.com.

THIRD PARTY TOOLS; THIRD PARTY PROMOTIONS AND LINKS

Please be aware that the terms of our Privacy Policy do not apply to third party website, products, services, or content or to links provided for the foregoing on our Outinomic Service.  Third party providers of such third-party websites, products, services, or content, may collect (via tracking technologies like cookies or web beacons) and use anonymous information regarding your interaction with the third-party website, product, service, or content that they deliver and with which you interact.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be amended by Outinomic from time to time.  If we make material changes to this Privacy Policy, we will notify you by posting the revised Privacy Policy on our Site or notifying you through the Software or Platform user interface or at your primary email address (as specified in your account information).  Your continued use of the Site, Software, Platform or Services thirty (30) calendar days after the changes are first notified by Outinomic as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Site, Software, Platform and Services.

QUESTIONS AND ADDITIONAL INFORMATION

Please feel free to contact us at support@outinomic.com if you have any questions about Outinomic’s Privacy Policy or the information practices of Outinomic.

Outinomic, Inc.
5815 Brandon Court
San Jose, CA 95123