Children under the age of 13: The Services are not intended for children and we do not intentionally collect Personal Information from those who are under 13 years old. If we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s Personal Information permanently from our databases. We recommend that children between the ages of 13 and 18 obtain their parent’s permission before submitting information over the Internet. By using the Services, you are representing that you are at least 18 years old, or that you are at least 13 years old and have a parent’s or guardian’s permission to use the Services.
Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the GestureLogic Offerings, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement and analytics. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.
“Personal Information” is personally identifiable information, such as your name, address, e-mail address, credit card information, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website. We may collect Personal Information in respect of the GestureLogic Offerings through registration processes; communications with you; information downloads; product and service use; user support; and surveys.
“Non-Personal Information” is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the website. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website is not considered Personal Information. Similarly, business contact information such as the name, title, business address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.
Use of Information: We collect information for the following purposes:
Registration and Account Information: In order to register for our Services you must provide certain Personal Information to us such as your full name, email address, age, gender, height, weight, fitness level, current activity, and food and water intake. You may update this information regularly through the App. In general, none of your account registration information will be shared with any other users of the Website or our Services.
Product and Service Use: When you wear our Product, it directly monitors your heart rate, muscle biosignals, motion and skin conductivity. Our Product uses sensors that are located in the compression leg band to transmit your biometric data wirelessly in real time to the App you downloaded on your mobile device. Historical data is automatically synchronized with a cloud server where you can access your personal statistics. We use aggregate biometric information collected from our users to provide you with statistical information that is relevant to you. For example, we may notify you that 20% of people with your biosignals are experiencing a hamstring injury.
Contact List: If you download the App, from time to time, we will access your contact list and/or address book on your mobile device in order to compile a directory of people you know who are using our Services. This allows you to send status updates and to share your speed, distance, location and other indicators with your network.
Social Features: You have the option to share your biometric signals or statistics with others using the social media accounts we support including Facebook and Twitter. When you use your social media accounts to transmit information to others, the privacy practices of the applicable social media providers as well as the privacy preferences you selected for those third party accounts will apply.
Marketing Communications: If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication, or by contacting our marketing department at firstname.lastname@example.org
Statistics: We also collect statistics about use of the GestureLogic Offerings. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties.
Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.
From time to time we may employ third parties to help us improve the GestureLogic Offerings. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the GestureLogic Offerings and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.
Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the GestureLogic Offerings, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
In certain areas, such as when you provide credit card or other payment information to us, the Website works to help protect the security of your credit card and other payment information during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your email account information or your password for the Services to third parties.
Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: email@example.com.
Last Updated: June 16, 2014
GESTURELOGIC PRODUCT WARRANTY
1. Limited Warranty. GestureLogic Inc. (“Seller”) warrants to the buyer (“Buyer”) that for a period of three (3) months from purchase that the LEO wearable fitness product (“Product”) will conform to and perform in accordance with the specifications or documentation provided by Seller for such Product at the time of sale.
2. Exclusions from Warranty. The warranty in Section 1 shall not apply to any defects attributable to: (a) physical damage to the Product; (b) normal wear and tear; (c) damage caused by any use that is not expressly intended; (d) any adjustment, modification, alteration or repair not expressly authorized by Seller; (e) misuse, abuse or neglect of the Product; (f) usage or operation not in accordance with the specifications or instructions provided by Seller; (g) failures induced by other products or components; (h) materials, components or products manufactured by a third party; and (i) power surges, accidental damage, severe weather conditions or acts of nature, including but not limited to lightning and storms.
3. Right of Inspection. If Buyer claims that any Product is defective in materials or workmanship, Seller shall have the right to either examine the Product where it is located or, in its sole discretion, and issue shipping instructions for return of the Product. Buyer shall prepay all transportation charges for such return.
4. Remedies. Seller’s responsibility under the said warranty shall be to at its own option and cost, repair or replace any Product found to be non-compliant as soon as reasonably possible after notification by Buyer. For greater certainty, the warranty shall only apply to defects reported in writing, which shall be within one (3) month from the date of delivery of the relevant Product.
5. Disclaimer. Except as expressly provided in this Product Warranty, Seller (including its subsidiaries, subcontractors, agents, licensors, suppliers, directors and/or employees) makes no representations and gives no warranties or conditions of any kind, whether express, implied, statutory, by usage of trade, custom of dealing, or otherwise, and specifically disclaims all implied representations, warranties and/or conditions, including any representations, warranties and/or conditions of merchantability, merchantable quality, durability, title, non-infringement, satisfactory quality or fitness for a particular purpose, to the maximum extent permitted by applicable law.