Terms & Privacy Policies

October 3, 2017

Beyond Pulse

Privacy Policy

Beyond Pulse (“we,” “us,” “our”) is committed to protecting the privacy of your information.  The following Privacy Policy sets forth our policies and practices regarding the collection, use, and disclosure of the information we receive through your use of our website at http://beyondpulse.com (the “Site”), our mobile application (the “App”), and our wireless health and wellness monitoring devices (the “Devices”).  We refer to the Site, the App, the Devices, and related services collectively throughout this policy as the “Services.”

Effective Date

This Privacy Policy is effective as of October 1st, 2017.

Information We Collect 

We collect different types of information from users of our Services.

Personal Information.  We may collect personally identifiable information from users of our Services, including your first and last names; address; email address; telephone number; date of birth; demographic information; and health and wellness information, such as height, weight, calories burned, number of steps taken, stride rate, posture, and heartrate (collectively, “Personal Information”).

Usage Information.  We may collect additional information from users of our Services that may not by itself reasonably identify you as the source (collectively, “Usage Information”).  Usage Information may include your IP address; “click stream” activity, such as when you click on a banner advertisement; the type of Internet browser and computer operating system you are using to access the Site or App; geolocation information, the URL of the website from which you linked to our Site; the areas of our Site or App that you visited; and the actions you performed using our Services. We will take reasonable measures to ensure that the Usage Information we collect is not personally identifiable and may not later be easily used to identify you except in the case of fraud checks or as otherwise required by applicable law.

How We Collect Information

We may collect Personal Information when you voluntarily provide such information to us by, for example, creating a Beyond Pulse user account through the Site or App, joining our mailing list, completing an online purchase, or submitting an online form with comments or inquiries about our Services.

We may automatically record Usage Information on our server logs that your browser transmits when you use our Site or App.  We may also collect Usage Information about how you access and interact with our Site or App through the use of automated tracking technology, such as cookies.  A cookie is a small data file that is transferred to a web browser, which enables our Site and App to remember and customize your subsequent visits.  You can instruct your browser to block the acceptance of cookies or to provide you with a warning prompt before you accept cookies from our Site or App.  If you reject cookies, the functionality of our Services may be limited.

We may also collect certain Personal Information and Usage Information when you perform an activity using the Device.  When you sync your Device with the Site or App, the Personal Information and Usage Information collected through the Device will be transferred to our servers and linked to your online Beyond Pulse user account.

How We Use and Disclose Information

General Uses and Disclosures. We may use the information we collect from users of our Services for the purposes described below.

  • Provision of Services. We may use and disclose your Personal and Usage Information to support the delivery of our Services.  For example, we may generate reports about information collected through your Devices and make such reports available to you or another authorized individual, such as the coach of a sports team, through an online Beyond Pulse user account.  We may also make such information accessible to third-party service providers that assist us with managing our daily business operations, providing e-commerce services, and marketing our Services.  When appropriate, we will enter into written agreements with third-party service providers requiring them to protect the confidentiality of the information we share with them.
  • Contacting You. We may use your Personal Information to directly contact you in response to your inquiries about the Services and inform you about new features and products included in our Services.
  • Improving our Services. We may use your Personal and Usage Information to enhance our understanding of our users’ preferences and improve our Services accordingly.  Further, we may analyze Usage Information to better understand our user’s preferences with respect to the Site and App’s contents and functionalities.
  • Data Analysis and Research. We may share information collected from users of our Services with third parties, including universities and health organizations, for data analysis and research purposes.  Any information we share about users with such third parties will be in a format that does not personally identify the users.

Law Enforcement, Safety, and Legal Processes.  We may share your Personal Information and/or Usage Information with law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity.  We may also disclose your Personal Information and/or Usage Information if required or permitted to do so by law; for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or property of Beyond Pulse or the users of the Services; and to act under urgent circumstances to protect the safety of Beyond Pulse or its employees or a member of the public.  We may also disclose your information to comply with a judicial proceeding, court order, subpoena, or legal process.

Sale or Acquisition of Assets.  If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if the Services are transferred to another company, we may disclose and/or transfer your Personal Information and/or Usage Information as part of the transaction.  If we are not the surviving entity in that transaction, the surviving entity may use your Personal Information and/or Usage Information pursuant to its own privacy policies and practices, which may differ from this Privacy Policy.

Security of Personal Information

Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while we attempt to protect all Personal Information, we cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network.  We will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable state and federal laws) stored by or for us.  By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach. 

Children’s Privacy

Our Site and App is not intended for use by a child under the age of 13.  We do not knowingly collect any Personal Information from a child under the age of 13 through the Site or App.  If you are aware of a child under the age of 13 using our Site or App, please alert us at the contact information listed below.

We may directly collect information from a child under the age of 13 through our Devices after we receive appropriate consent from the child’s parent or legal guardian.  Please review our Children’s Online Privacy Policy for more details. 

Other Provisions

Third-Party Links.  The Site or App may contain links to websites not affiliated with us.  Your use of an external website or any informational content found on an external website is subject to and governed by the privacy policies, terms, and conditions of that website.  We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of our Site or App.  We are not responsible for the privacy practices of any external website.

Beyond Pulse App.  If you use the App, you may adjust the settings on your mobile device to control the sharing of Usage Information, such as geolocation data.  For example, if you use an iOS-based mobile device, you may access the “Locations Services” settings feature to limit the location information that is shared with Beyond Pulse. Please be aware that if you select not to share your geolocation data, you may be unable to access certain features of the Services.  Further, please note that if you prevent the sharing of geolocation data, we still may be able to approximate your general location based on the IP address you use to access the Services.  Further, the App gives you the option to receive push notifications.  In order to serve push notifications to your mobile device, we may need to collect your IP address and a persistent identifier from your device.  You can turn off push notifications by modifying your mobile device’s settings.

Accessing and Updating Information.  If you would like to access, update, delete, or modify Personal Information, you may do so through your Beyond Pulse user account.  You may reach us at the contact information listed below if you need assistance or would like to delete your user account.  Modifying, updating, or deleting any information will not result in the modification, updating, or deletion of any such information that may reside in back-up or disaster-recovery storage.

Opting OutIf you would like to opt out of receiving marketing communications directly from us, you may do so by following any instructions included in the marketing communication or by contacting us at the contact information listed below.

Your California Privacy Rights.   California law provides that California residents have a right to request businesses to tell them how their personal information has been shared, if at all, with third parties for the third parties’ direct marketing purposes.  To make such a request, please contact us at the contact information listed below.

Do Not Track.  Certain web browsers and other devices you may use to access the Site or App may permit you to submit your preference that you do not wish to be “tracked” online.  We do not currently commit to responding to these submissions, in part, because no common industry standard for “do not track” has been adopted by industry groups, technology companies, or regulators. We will make efforts to monitor developments around Do Not Track browser technology and the implementation of a standard.

Updates to the Privacy Policy.   We may periodically revise the Privacy Policy in our sole and absolute discretion to reflect changes in the law or our business practices.  If we revise the Privacy Policy, we will notify you by posting the updated Privacy Policy on our Site.  Changes to the Privacy Policy will become effective and will apply to the information collected starting on the date we post the revised Privacy Policy on our Site.  Your continued use of the Services after any change to our Privacy Policy has become effective will constitute your acceptance of the change.

Comments and Questions.   If you have a comment, question, or requested related to the Privacy Policy, please reach us at the contact information listed below:

Beyond Pulse

150 E 85 St, Suite 4D, New York, NY 10028

info@beyondpulse.com

 

 

Beyond Pulse

Children’s Online Privacy Policy

Beyond Pulse (“we,” “us,” “our”) is committed to protecting the privacy of your information.  The following privacy policy sets forth our policies and practices regarding the collection, use, and disclosure of information we collect from children under the age of 13 through our wireless health and wellness monitoring devices (the “Devices”).  This privacy policy affirms our commitment to complying with the Children’ Online Privacy Protection Act of 1998 (COPPA).

The Information We Collect from Children 

We may collect certain personal information from children under the age of 13 who perform activities using a Device, such as athletic training activities.  Specifically, we may collect:

When the Device is synced with our website or mobile application, any Children’s Information collected through the Device will be transferred to our servers.  The Children’s Information will then be associated with other personal information about the child that Beyond Pulse maintains in the online user account created by the child’s parent, legal guardian, or other authorized representative of the child, such as the coach of a sports team to which the child belongs.  We will retain Children’s Information only for as long as is reasonably necessary to fulfill the purpose(s) for which the information was collected.

How We Use and Disclose Children’s Information 

Provision of Services.  We may use Children’s Information to support the delivery of our services.  For example, we may generate reports using Children’s Information and make them available to the child’s parent, legal guardian, or other authorized representative through a Beyond Pulse online user account.  We may also make Children’s Information accessible to third-party service providers that assist us with managing our daily business operations, providing e-commerce services, and marketing our services. When appropriate, we will enter into written agreements with third-party service providers requiring them to protect the confidentiality of the information we share with them.

Improving Our Services.  We may also use Children’s Information to enhance our understanding of our users’ preferences and improve our services accordingly.

Data Analysis and ResearchWe may share information collected from children who use our Services with third parties, including universities and health organizations, for data analysis and research purposes. Any information we share about users with such third parties will be in a format that does not personally identify the users.

Law Enforcement, Safety, and Legal Processes.  We may share Children’s Information with law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity.  We may also disclose Children’s Information if required or permitted to do so by law; for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or property of Beyond Pulse or the users of our services; and to act under urgent circumstances to protect the safety of Beyond Pulse or its employees or a member of the public.  We may also disclose Children’s Information to comply with a judicial proceeding, court order, subpoena, or legal process.

Sale or Acquisition of Assets.  If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if our website or mobile application is transferred to another company, we may disclose and/or transfer Children’s Information as part of the transaction.  If we are not the surviving entity in that transaction, the surviving entity may use Children’s Information pursuant to its own privacy policies and practices, which may differ from this policy.

Consent for the Collection, Use, and Disclosure of Children’s Information 

When possible, Beyond Pulse may obtain verifiable consent from parents’ and legal guardians when they make transactions using their credit or debit cards.

Withdrawing Consent

A parent or legal guardian may request Beyond Pulse to stop collecting, using, or disclosing Children’s Information about his or her child by notifying us at the contact information listed below.  

Reviewing, Changing, or Deleting Children’s Information 

A parent or legal guardian may access, change, or delete Children’s Information about his or her child by logging onto the Beyond Pulse online user account or profile linked to the child’s information.    A parent or legal guardian may also reach us at the contact information listed below for assistance with accessing, changing, or deleting Children’s Information. Modifying, updating, or deleting any information will not result in the modification, updating, or deletion of any such information that may reside in back-up or disaster-recovery storage.

Updates to the Children’s Online Privacy Policy.

We may periodically revise this policy in our sole and absolute discretion to reflect changes in the law or our business practices.  If we revise the policy, we will post the updated policy on our website.  Any material changes to the ways in which we collect, use, or disclose Children’s Information will require us to obtain new consent from parents or legal guardians.

Requests, Comments, and Questions.

If you have a request, comment, or question related to the Children’s Online Privacy Policy, please reach us at the contact information listed below:

Beyond Pulse

150 E 85 St, Suite 4D, New York, NY 10028

info@beyondpulse.com