Effective date: Feb 13th, 2023
- “Service” means our mobile application, website, social media accounts, online courses, message boards, online dashboard, and digital content operated by us and/or our affiliates.
- “Personal Data” means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession) and that comes into our possession through use of the Service.
- “Usage Data” is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- “User” is any living individual who is using our Service and is the subject of Personal Data.
INFORMATION COLLECTION AND USE
Types of Personal Data Collected
While using our Service, we may ask you to provide us with certain Personal Data that can be used to contact or to identify you. Personal Data collected in this way may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, City, State, Province, ZIP/Postal code, Country
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, online courses, surveys and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
Health and Fitness Data
While using our Service, we may ask you to provide us with certain health and fitness data in order to provide you with personalized features and performance-related metrics, which may include, but is not limited to:
- Sleep data (including wake up time, time asleep, REM & deep sleep)
- Functional Threshold Power (FTP)
- Lactate Threshold Heart Rate (LTHR)
- Heart Rate data (such as max heart rate, average heart rate, resting heart rate and heart rate variability)
- Your chosen or preferred sports
- Weekly mental load
- Cognitive readiness measures (such as reaction time, lapses, misses and mental load)
- Physical readiness measures (such as training load and muscle soreness)
- Emotional readiness measures (such as subjective ratings of rest, readiness, frustration and stress)
- Neuro-Training performance data (such as reaction time or accuracy)
- Recovery performance data (such as subjective improvement)
- Subjective performance measures (such as rating of perceived exertion)
- Physical performance measures (such as power and heart rate)
- Workout data (such as workout duration, intensity, distance completed and number of workouts completed)
Communications to Us
When you access the Service with a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, GPS location and other diagnostic data.
Tracking & Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used (such as GPS, beacons, tags and scripts) to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of cookies we use:
- Session Cookies. We use session cookies to operate our Service.
- Preference Cookies. We use preference cookies to remember your preferences and various settings.
- Security Cookies. We use security cookies for security purposes.
USE OF DATA
Rewire uses the collected Personal Data for various purposes:
- To provide and maintain our Service
- To manage and support your use of our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of and interest in our Service
- To develop new products for our Service
- To detect, prevent and address technical issues
- To verify account access
- To provide you by email or text message with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
We may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
RETENTION OF DATA
Rewire will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
When we no longer are required to retain Personal Data, we will destroy, erase, or de-identify that data in compliance with data retention policies and applicable law.
INTERNATIONAL TRANSFER OF PERSONAL DATA
Data transfer abroad based on standard contractual clauses
If this is the legal basis, the transfer of Personal Data from the EU to third countries is carried out by the Rewire according to “standard contractual clauses” provided by the European Commission.
This means that Data recipients have committed to process Personal Data in compliance with the data protection standards set forth by EU data protection legislation. For further information, Users are requested to contact Rewire through the contact details provided in the present document.
Data transfer abroad based on consent
If this is the legal basis, Personal Data of Users shall be transferred from the EU to third countries only if the User has explicitly consented to such transfer, after having been informed of the possible risks due to the absence of an adequacy decision and appropriate safeguards.
In such cases, Rewire shall inform Users appropriately and collect their explicit consent.
DISCLOSURE OF DATA
Business Partners and Service Providers
We may share your Personal Data with our business partners and affiliates who support the Service or with whom we may jointly offer products and services, or whose products and services we believe may be of interest to you. At your request, and with your express consent, we may share certain specified Personal Data with registered fitness coaches who will review and analyze certain Personal Data in furtherance of services that you choose.
We may share your Personal Data with vendors and service providers to support the Service and to carry out business functions, including payment processing and data support. Please see below under “Service Providers” for further information.
Our policy is to enter into agreements with these third-parties that prohibit further use or disclosure of Personal Data and that ensure adequate protections in place in compliance with applicable law.
Disclosure for Law Enforcement
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
We may disclose your Personal Data in the good faith belief that such action is necessary:
- To comply with a legal obligation
- To protect and defend the rights or property of Rewire
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of Users or the public
- To protect against legal liability
SECURITY OF DATA
The security of your Personal Data is important to us. We undertake measures to help ensure security of that data, including reasonable and appropriate administrative, technical, and physical security measures designed to protect against the loss, misuse or alteration of Personal Data. But remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
OUR POLICY ON “DO NOT TRACK” SIGNALS UNDER THE CALIFORNIA ONLINE PROTECTION ACT (CALOPPA)
We do not support Do Not Track. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser.
YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR) AND THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
If you are a resident of the EU/EEA, UK or California, you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information corrected if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Rewire relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA if you are an EEA resident, or your local data protection authority in the UK if you are a UK resident or the California Attorney General’s Office if you are a California resident.
We may employ third-party companies and individuals to facilitate our Service, provide the Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used (“Service Providers”).
These Service Providers have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use Service Providers to monitor and analyze the use of our Service.
- We use AppsFlyer for attribution analytics. In connection with this service, we may collect, process and use certain non-personal and personal data from the Users of these mobile apps, as further described hereafter: Anonymized (hashed) IP address, Anonymous identifiers such as the ID for Advertising for iOS (IDFA), Google Advertising ID or similar identifiers, Installation and first opening of an app on your mobile device, User interactions within an app (e.g. in-app purchases, registration, etc.), and Information regarding which advertisements the User has seen or clicked on. AppsFlyer does not combine the collected non-personal data with any other data that would enable AppsFlyer to personally identify the User. You can find out more about AppsFlyer privacy here: https://www.appsflyer.com/legal/privacy-policy/.
- We use Amplitude to process Usage Data for the purpose of better understanding usage habits, preferences and needs and to continuously improve the Service and offer the best possible User experience tailored to our customers’ needs, as well as for the purpose of driving sales and renewals and to provide you with marketing communications which we tailor to your needs. You can find out more about Amplitude privacy here: https://amplitude.com/privacy.
- Facebook remarketing service is provided by Facebook. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950.To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA at http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada at http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe at http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation.
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
LINKS TO OTHER WEBSITES
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
Our Service is not intended for anyone under the age of 13, and no one under the age of 13 may provide any information to the Service. We do not knowingly collect Personal Data from anyone under the age of 13. If you believe we might have any information from or about a child under age 13, please contact us. If we become aware that we have collected Personal Data from children under the age of 13 without parental consent, we will take all reasonable steps to remove such information from our databases.
DATA CONTROLLER CONTACT DETAILS
Data Controller, Rewire Fitness, Inc.
249 State Route 208
New Paltz, NY
Contact email: [email protected]
Data Controller, Rewire Limited
35, De Soldanis Street,
Victoria (GOZO), VCT 1040
Contact email: [email protected]