Privacy Policy

Privacy Policy

LAST UPDATED DEC 6, 2016

PowerDot Inc. ("PowerDot", "Us", "We, or "Our") respect your privacy and are committed to protecting it through our compliance with this policy.

We commit:
  • To collect only information that will help improve your Powerdot experience and our Service.
  • To never sell your data.
  • To present a clear privacy 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).

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:
  • Your muscle group and stimulation program & progression level selection
  • Stimulation intensities used for every stimulation session
  • Timing and degree of completion for every stimulation session
  • Data and various debug information representing the quality of the above

When you sync your Product with your mobile device (that has the Application installed), all of this information is transferred to our servers to store and process -- but only as described in this Privacy Policy.

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.

Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Service. Also, if you click on a link to a third party website or service, such third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by our advertising partners or any third parties, and we aren't responsible for their privacy policies and practices.

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

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioural advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Service does not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Service and after you leave our Service.

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.

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).

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:
  • Your muscle group and stimulation program & progression level selection
  • Stimulation intensities used for every stimulation session
  • Timing and degree of completion for every stimulation session
  • Data and various debug information representing the quality of the above

When you sync your Product with your mobile device (that has the Application installed), all of this information is transferred to our servers to store and process -- but only as described in this Privacy Policy.

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.

Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Service. Also, if you click on a link to a third party website or service, such third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by our advertising partners or any third parties, and we aren't responsible for their privacy policies and practices.

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

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioural advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Service does not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Service and after you leave our Service.

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:
  • To provide you with the features, functions and benefits of the Service. For example, we will use the information collected from our Products to calculate your total stimulation time per muscle group, etc.
  • To process payments when you purchase a Product. Payment processing is done for us through a third party payment processor. We don't view or store your payment related information -- rather your information is passed in an encrypted fashion to the processor who uses it solely to affect the applicable Product purchase.
  • To help us internally operate and maintain the Service (such as, for the purposes of fixing malfunctions, testing our security systems, etc.).
  • To enhance, improve and further develop the Service (such as, creating new features or functions, refining the user experience, increasing the technical performance of our Products, etc.).
  • We will use your contact information to provide you with notices related to your use of the Service (such as account notifications and legal notices).
  • Upon your request, we will use your contact information (such as, your email address) to provide you with promotional and marketing emails. You can opt-out of receiving certain types of promotional and marketing emails -- but in such case you may not receive the full benefit of the Service. Opting-out can be done by following the instructions set forth in the email (usually in the footer).
  • To help personalize the Service experience for you (such as, remembering your information so you will not have to enter it each time you open the Application on your mobile device).
  • And for the other purposes referenced in the "Who We Share Info With" section below.

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 (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 (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.

For 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.

Business Transfers.

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.

We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use and Sale; detect and handle payment fraud, or otherwise to protect the rights, property, or safety of the PowerDot, our employees, our users, or others.

California Residents.

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: support@powerdot.com

THIRD PARTY ADVERTISING

Advertisements that may appear on our website, or in our mobile application, are sometimes served directly by third party advertisers. They automatically receive your IP address or device ID when this happens. Third party advertisers may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements were clicked.

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.

You should consult the respective privacy policies of all third-party ad servers or ad networks you know are used in connection with the Service. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites.

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 support@powerdot.com.

Deleting your account.

You can delete your account by emailing Customer Support at support@powerdot.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 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 support@powerdot.com

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.

PROTECTING CHILDREN

We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, 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 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@powerdot.com

CONTACTING US

Please contact us if:
  • you have any questions or comments about this Privacy Policy,
  • you wish to access, update, and/or correct inaccuracies in your personal information, or
  • you otherwise have a question or complaint about the manner in which we or our service providers treat your personal information.

You may contact Customer Support at support@powerdot.com

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