PRIVACY POLICY

Updated May 21, 2021

Humango, Inc. is committed to protecting and respecting your privacy. We understand that, for best use, our Products may require you to provide us with certain personal information. This policy describes the types of personal information, also known as Personal Data, we collect and how we maintain the privacy of that information.

This policy may change from time to time so please check back here frequently. If you are a subscriber (a “Client”), you will receive notification if we change this policy when you log into your subscription. If you disagree with this Privacy Policy or any future changes, please discontinue using our websites, products, and services (collectively “Products”).

Our Online Terms and Conditions are incorporated in this Privacy Policy as if fully set forth herein. All capitalized terminology or terms in bold font that are not defined in this Privacy Policy are defined in our Online Terms and Conditions. Our online Terms, any End User agreement, and this Privacy Policy are collectively our “Terms.” You may view our Online Terms and Conditions at https://www.humango.ai/Terms.

SCOPE OF POLICY

This Privacy Policy applies to:

Anyone who visits our public websites (“Sites”), including but not limited to https://www.humango.ai and any of our Affiliates’ sites,

Anyone who requests information by e-mail or telephone,

Anyone who provides User Content or uploads Personal Data to our Products or sends such information to us,

Anyone who applies for a job with us,

Anyone who purchases, licenses, or Uses our Products through us or our resellers, or our Affiliates, or

Anyone who participates in any survey or contest.

Users of any of third-party products provided by us or our Affiliates, retailers, or Business Partners.

Users of any of our Products accessible through any of our downloadable or Internet-based programs or applications or through any of our Affiliates, retailers, or Business Partners.

The legal definition of Personal Data varies by location. If you are located in the U.S., the legal definition in Delaware shall apply. If you are located outside the U.S., only the legal definition that applies in your physical location will apply to you under this Privacy Policy. Nothing in this Privacy Policy is meant to alter the applicable law governing our Terms.

CONSENT

You are never required to provide us with the types of information covered by this Privacy Policy. For individuals located outside of the European Union/European Economic Area, by accessing our Products, and/or providing information to us, you do so voluntarily and are expressly opting-in and unambiguously consenting to the collection, use, retention, disclosure, and transfer, including cross-border transfer, of your Personal Data as explained in this Privacy Policy. For individuals located within the European Union/European Economic Area, you will be asked to ‘opt in’ to this Privacy Policy and our collection, use, retention, disclosure, and transfer of Personal Data prior to accessing our Products. In some instances, your employer may ‘opt in’ on your behalf by separate agreement.

USE BY MINORS

We do not knowingly collect Personal Data from anyone under the age of majority in your location without parental or guardian consent. Our Products are directed at people who are at least the age of majority where they live and may only be Used by minors with parental or guardian consent. If you believe your child has provided us with information or has purchased a subscription to our Products without your consent, please contact us by email at info@humango.ai and we will promptly delete such Personal Data.

SHARING PERSONAL DATA/UNRELATED THIRD PARTIES

We do not share, sell, or rent Personal Data to or with unrelated third parties without providing you a choice. Personal Data that you provide to us while using our Products may be used to contact you for promotional offers, marketing programs, or other communications from us, our vendors, contractors, Affiliates, licensors, licensees (other than you), or Business Partners. If you are accessing or using our Products as an employee, volunteer, or contractor, please be aware that your employer may have authorized us to use and/or share Personal Data.

SHARING PERSONAL DATA/BUSINESS PARTNERS.

Our Business Partners who have access to your Personal Data in connection with providing services to us or you are required to keep your Personal Data confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing or to market products or services to you as long as you have the option to opt out of that communication. Only your email and first and last name will be used by Business Partners for the purpose of marketing products or services.

When we make Personal Data available to our Business Partners, we will not share with them any more information than is necessary; and we will use reasonable efforts to ensure, by contract or otherwise, that they use your Personal Data in a manner that is consistent with this Privacy Policy.

INFORMATION WE MAY COLLECT FROM YOU

We automatically collect Personal Data when you access our Site, or otherwise purchase a subscription to our Products. The types of information we collect may include:

  1. Networking and device information, such as your type of browser, IP address, language settings, and the version of your operating system.
  2. Information regarding your activity on our Site, such as access time, pages viewed, the website from which you accessed our Site, and your use of any hyperlinks on our Site.
  3. Information regarding your purchases or transactions and any returns.
  4. Information collected by cookies, web beacons, and other tracking technologies, including Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, or identifiers associated with such technologies.
  5. Location information in accordance with your device permissions.
  6. Once you subscribe to our Products, we may collect your name, email or postal address, geolocation data and IP addresses, credit card and billing address, and information you upload to the Products, including, your photograph, age, images, audio, video, uploaded files, biographic information, athletic ability and goals, interests, preferences, heart rate and running pace, workout plans, exercise location, mood, fatigue level, stress level, injuries, sleep data, evaluation of works, club, group, or tribe details, prior races and race-time, information about whom you connect to or communicate with (your groups, clubs, or tribes) within our Products, educational information, consumer preference characteristics, and other information collected while running or working out by your wearable smart device.

We may also collect data about you from third-party sources, e.g.,

  1. Information collected from our retailers or distributors,
  2. Information collected from other customers or referral sources,
  3. Information collected from third-liarty social media and communication services that you may use to interact with our products, but we will only collect such information in accordance with the authorization and privacy settings you establish in those services.
  4. Information from unaffiliated service providers, including, without limitation and by way of example only, analytics companies, advertising networks, and consumer data resellers.

We may also derive information or draw inferences about you based on the other types of data we collect. For example, we may infer your location based upon your IP address or that you are interested in purchasing a particular Product based upon your browsing behavior on our Site.

We use your Personal Data to take necessary steps to respond to a request and/or to perform services requested. In addition, direct marketing is necessary for the legitimate business interests we are pursuing.

You may unsubscribe from emails at any time by clicking on the “unsubscribe” link in the emails you receive.

Your Personal Data is available to our employees, Affiliates, and Business Partners with a legitimate business need, such as resellers or distributors who are working with you, our marketing team, order fulfillment team, operations team, survey processors, contest judges, customer relationship management software providers (CRM), and credit card processors.

We do not request or require you to provide any other special categories of Personal Data including, for example, genetic data, biometric data, or information relating to your racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical health, or sexual orientation. If we become aware of any such data having been submitted to us, we will, where reasonably practicable, endeavor to delete it. We do not monitor communications between Clients, so if you have an issue with Personal Data that you have uploaded, please contact us at info@humango.ai.

Because of the nature of our Products, we may possess backup information of your Personal Data that may include health information. This information belongs to you and is held in confidence. If you cease to use our Products, we will anonymize or pseudonymize the information so that it cannot be associated with you. You may contact us to delete your Personal Data, however, you will no longer be able to use your subscription to our Products and subscription fees are NONREFUNDABLE.

We will only disclose your Personal Data to law enforcement, government authorities, and/or legal counsel if required by applicable law to:(a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce our Terms; and (c) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

COOKIES

A “Cookie” is a small amount of data generated by a website and saved by your web browser. We use the below types of Cookies in connection with our Products. Outside the European Union or European Economic Area, accessing our Sites constitutes consent to our use of the Cookies detailed below. For Site visitors and/or Clients located in the European Union, we will ask for your consent to these Cookies except for Strictly Necessary Cookies, if any, without which our Products will not function. For more information on how Cookies function and disabling Cookies, consult your browser’s “Help” button.

Strictly Necessary Cookies. These Cookies are required for you to purchase a subscription to our Products. Our third-party processor requires this Cookie to process payments without storing your credit card information on its own servers. Without these Cookies, services such as e-billing and shopping carts cannot be provided.

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Google Analytics Tracking Cookies. This type of Cookie allows us to understand more about Product Users and Site visitors, such as the number of visitors, details of the devices used to access our Products, which Site pages are accessed, and the various time details per visit.

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YOU MAY DISABLE COOKIES IN YOUR BROWSER SETTINGS. PLEASE KEEP IN MIND, DISABLING ALL COOKIES MAY IMPAIR PRODUCT FUNCTIONALITY AND YOU MAY NOT BE ABLE TO SUBSCRIBE TO OR USE OUR PRODUCTS.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit https://www.allaboutdnt.com.

SECURITY

WHERE WE STORE YOUR PERSONAL DATA

We use servers in the United States to process and store Personal Data. In the future we may use servers located elsewhere. In that event, we will update this Privacy Policy and will promptly inform Clients of the update through a notice appearing when a Client logs into their subscription.

While no server can be completely secure, we make reasonable efforts to ensure that these servers are kept in a secure, locked environment with restricted access and we have on our own, and in conjunction with the third parties who operate the servers, established physical, electronic, and procedural safeguards to protect Personal Data.

Personal Data stored by us may be accessed and processed by staff operating outside your jurisdiction, who work either for us or for one of our Business Partners. This staff may be engaged in fulfilling your order or request, processing a payment, storing information, and/or providing support services to us. We require these Business Partners to agree to treat your Personal Data securely and in accordance with this Privacy Policy and applicable law.

We have implemented a variety of technical and organizational measures to protect Personal Data from loss, misuse, unlawful processing, unauthorized access, disclosure, copying, alteration, and destruction. These include limiting access to the databases to a limited number of authorized staff who are required to maintain the information as confidential. Further, access to the databases is password protected. We also have in place audit logs, intrusion detection software, anti-virus or malware protection, and system integrity tools to further protect data stored on these databases.

PASSWORDS

Where we have provided you (or where you have chosen) a password that enables you to access certain portions of our Products, you are responsible for keeping this password confidential. You are responsible in protecting your account by not sharing your password with anyone.

HACKERS

While we make reasonable and industry-standard efforts to ensure the integrity and security of our network, Products, and systems, we cannot guarantee that such security measures will prevent third-party “hackers” from illegally obtaining information.

We cannot be, and are not, responsible for circumvention of any privacy settings or security measures contained in our Products, including the illegal acts of third parties (such as criminal hacking).

We disclaim any and all liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties as more specifically detailed in our Disclaimers. ANY TRANSMISSION OF DATA THROUGH OUR PRODUCTS IS AT YOUR OWN RISK.

THIRD PARTY WEBSITES & COMMUNICATIONS

Our Products (including our Sites) may, from time to time, contain links to and from the websites of third parties. We only link to the home page of third-party content. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any Personal Data that may be collected through these websites or services. This includes any posting you may make on our social media page(s); which page(s) are controlled by such third-party social media sites.

We urge you to exercise care when providing information to anyone and to check the policies and terms of all third-party websites before you submit any Personal Data.

ADVERTISING

We may use third-party advertising companies to serve ads when you visit our Sites or subscribe to our Products. Such third-party companies may use information (not including your name, address, or e-mail address) about your visits to this and other websites to provide advertisements on sites, goods, and services that may be of interest to you. If you would like more information about this practice, and to know your choices about not having this information used by these companies, please review your rights at the Network Advertising Initiative.

SOCIAL MEDIA

When you use features such as social networking, chat rooms, or forums, you should take precautions not to submit any Personal Data that you do not want to be seen, collected, or used by others.

Our Products include features from social media websites. These features may collect your IP address, which page you are visiting, and may set a Cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly within our Products. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy, terms, and other policies of the companies providing those features.

Clients may use our Products to communicate with other subscribers, to create a ‘tribe’ within our Products, and to may make contact with, and/or engage, coaches. As with any social media or engagement, we urge you to exercise caution. There is no substitute for good judgment. As examples only: Do not meet anyone in any private, secluded location. Do not give money to someone you do not know. Do not share your personal information (Personal Data) with anyone you do not know. If you believe you are in any imminent danger, contact your local police or dial 9-1-1.

RETENTION

The amount of time we hold your Personal Data will vary but will not be kept for longer than is necessary for the purposes for which it is being processed. We will retain your Personal Data in accordance with the following criteria:

COMMERCIAL REQUESTS OR REQUESTS FOR INFORMATION

We will retain your Personal Data solely for the legitimate business purpose of responding to your request or inquiry and to communicate with you regarding our other Products. You may opt out of such communications at any time and you will be provided with that opportunity within each communication.

CLIENTS

We will retain your Personal Data indefinitely while you maintain a subscription to our Products. When you stop subscribing to our Products, we will retain your Personal Data for a reasonable period of time in order to allow you to download any database information, if any, stored therein. Thereafter, any Personal Data will be anonymized or pseudonymized so that it cannot be connected with a particular individual, entity, or IP address.

If you provide us with a username for online payments or credit card information, we, or our Business Partners, such as credit card processors may maintain that information for as long as you maintain your subscription in order to accept or send automatic payments. If you provide such information for one-time payments, we will delete such information as soon as the one-time transaction is completed.

YOUR RIGHTS

You have certain rights in relation to the Personal Data we process. These rights to access, correct, amend, or delete Personal Data vary by location and only the rights available to you in your physical location will be enforceable by you under this Privacy Policy.

Typically, you have the following rights:

  1. The right to access your Personal Data unless access is subject to a legal exception.
  2. The right to have your Personal Data corrected if it is inaccurate or incomplete.
  3. The right to have your Personal Data not processed.
  4. The right to have your Personal Data erased if it is no longer necessary or required in relation to the purposes and there are no other overriding legitimate grounds for us to continue processing it.
  5. The right to opt out if your Personal Data is to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or you subsequently authorized.
  6. The right to complain to a supervisory authority if you think your rights have been infringed.
  7. You may also have the right to request that a business disclose the categories or details of Personal Data collected.

To exercise your rights, you may make an inquiry by sending an email request directly to the Data Compliance Officer at info@humango.ai. In some cases, you may need to discuss deletion with your school, club, or group if you access our Products through your such school, club, or group.

We will respond to your request in accordance with the laws that apply to you. When you make your request, we will maintain your request and related Personal Data as we maintain other Personal Data in order to respond, after which time we will delete the Personal Data provided in the request.

Access requests are free; however, we reserve the right to charge a reasonable fee to comply with your request when your request is unfounded or excessive.

TRANSFER OF PERSONAL DATA OUTSIDE OF EUROPE

In the case of individuals located in countries where the General Data Protection Regulation (“GDPR”) applies, to the extent we transfer Personal Data to our office, or our Business Partners’ offices, in the U.S., we make efforts to comply with the GDPR. To the extent we transfer Personal Data to Canada, for the purposes set out in this Privacy Policy, we rely on the fact that Canada has been designated by the European Commission as a country that offers an adequate level of protection for Personal Data.

Where we transfer Personal Data relating to individuals located in the EU or the European Economic Area to third parties, we will endeavor to enter into Data Transfer Agreements based on the EU model clauses. We will endeavor provide reasonable, industry-standard technical and organizational measures to protect Personal Data from accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access.

Any communications or activities, online or in-person, you may have with third parties through your subscription to our Products is your responsibility and you indemnify us, and hold us harmless, from any liability resulting from such communications or activities. This includes, without limitation and by way of example only, personal injury, property damage, attorneys’ fees, costs, and any amounts paid in settlement. Please consult our disclaimers within our Online Terms and Conditions for more information.

CALIFORNIA USERS

Under California’s "Shine the Light" law, and once per year, California, U.S. residents who provide personal information in obtaining products for personal, family, or household use are entitled to request and obtain from the seller the customer information shared, if any, with other businesses for their own direct marketing uses.

If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information during the immediately prior calendar year. If you believe this law applies to you, please send an e-mail message to Data Compliance Officer at info@humango.ai with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response only if the law applies to you.

We will maintain your request and the customer information you provided in that request for ninety (90) days to ensure you do not have any follow-up questions. After that time, the information associated with your request will be destroyed. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.

In addition, if you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use, and disclosure of Personal Data.

  1. During a twelve (12) month time-period, we may collect the following categories of Personal Data in order to provide you with a subscription to our Products: name, email or postal address, geolocation data and IP addresses, credit card and billing address, heart rate and running pace, workout plans, exercise location, mood, fatigue level, stress level, injuries, sleep data, evaluation of works, club, group, or tribe, prior races and race-time, information about whom you connect to or communicate with (your groups, clubs, or tribes) within our Products, educational information, consumer preference characteristics, and other information collected while running or working out by your wearable smart device.
  2. We collect Personal Data for the business purposes of providing services, promotional offers regarding our Products or the products of Business Partners, and processing subscriptions.
  3. We collect Personal Data from (1) your communications with us, (2) social media that links to our username(s), (3) your downloads of our marketing collateral, (4) your purchase of a subscription to Products, and (5) visitors to our Site.
  4. In the preceding twelve (12) months, we have disclosed the categories of Personal Data only as specified in this Policy.
  5. We may share your Personal Data with third parties as specified in this Policy.
  6. We do not sell your Personal Data.

If you reside in California, you have the right to:

  1. request access to your Personal Data, including the categories of such information, we have collected about you in the last twelve (12) months,
  2. request additional details about our information practices, including the sources of collection, the categories of Personal Data that we share for a business or commercial purpose, and the categories of third parties with whom we share your Personal Data,
  3. request deletion of your Personal Data (subject to certain exceptions),
  4. opt out of sales of Personal Data, if applicable, and
  5. request access to the specific Personal Data shared with other businesses for their direct marketing, if any.

You may make these requests by calling or mailing us at info@humango.ai with "Request for California Privacy Information" in the subject line and in the body of your message. After submitting your request, please monitor your email for a verification email. We will provide the requested information to you at your e-mail address in response only if the law applies to you.

If this law is applicable to you, we are required by law to verify your identity prior to deleting your Personal Data in order to protect your privacy and security. If you make a request to delete your Personal Data, our Products, or some of them, may no longer be available to you. Subscription fees due and/or paid are not refundable.

Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. If an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your Personal Data. We will not discriminate against you if you choose to exercise your rights under the CCPA.

We will maintain your request and the Personal Data you provide in that request for ninety (90) days to ensure you do not have any follow-up questions. After that time, the information associated with your request will be deleted.

Please be aware that not all businesses are required to comply with California’s Consumer Privacy Act (“CCPA”) requirements, and not all information sharing is covered by such CCPA. Only information covered will be included in our response.

COMPLAINTS

If you have a complaint regarding this Privacy Policy or how your Personal Data is being maintained, used, or processed, you should first contact our Data Compliance Officer, whose contact details appear below:

Attention: Data Compliance Officer info@humango.ai

U.S. Tel: (832) 835-8193 (ask for the Data Compliance Officer)

If you are located in the European Union/European Economic area and are still concerned that we are not complying with our obligations under the General Data Protection Regulation (“GDPR”) or another applicable regulation or statute, and/or that we are not handling Personal Data responsibly and in line with good practice, you may raise a concern with the UK Information Commissioner’s Office (“ICO”). Concerns may be reported online at: https://ico.org.uk/concerns/handling/ or by calling 0303 123 1113.

CONTACT

Questions, comments, notices, and requests regarding this Privacy Policy are welcomed and should be emailed to our Data Compliance Officer at info@humango.ai

HUMANGO, INC.

Attn: Data Compliance Officer

210 Cactus Court

Boulder, CO 80304

USA

Please make sure that you identify the Product or website through which you submitted Personal Data to enable us to identify your records. We will respond to your communications within thirty (30) days unless your request involves information that requires significant and/or unusual research.

CHANGES TO PRIVACY POLICY

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, sent to you by e-mail or provided when you next login to your subscription. The new terms may be displayed on-screen and you may be required to read and accept them to continue your Use of our Products.