Updated: November 9, 2018
Walkingspree USA Ltd. and its affiliates (collectively, “Walkingspree,” “we,” “us,” or “our“) provide technology solutions to companies to control health care costs by getting their employees moving. We accomplish this through use of a multi-device platform that uses activity trackers to track and record physical activity and related information as submitted by and collected from users who register with, or otherwise gain access to, the Walkingspree platform as described herein (individually, “User” or “you,” and collectively, “Users“). At any time, Users may change and update profile information that they have submitted.
By viewing, accessing, using, or browsing with the Website or App, including registering as a User of our services, you expressly agree to abide by this Notice and our Terms of Service as a binding legal agreement between you and us, without limitation or qualification. Each time you visit the Website or App, or provide us with additional information, you accept the obligations set forth in this Notice and the Terms of Service as current at that time.
In addition to the terms and conditions of this Notice, your personal information maintained by Walkingspree may also be subject to the Health Insurance Portability and Accountability Act (“HIPAA“). HIPAA may contain additional provisions relating to the use and disclosure of your information that go beyond the terms of this Notice.
This Notice is incorporated by reference into our Terms of Service. When you access the Website or the App, you expressly acknowledge and agree that you have read this Notice and understand and agree with its contents.
Information We Collect
Walkingspree collects and stores a wide variety of information that you submit to Walkingspree or give to the Website or APP as described below.
Non-Personally Identifiable Information
Walkingspree keeps track of non-personally identifiable information (“NPII“) such as the User’s IP address, time of access, browser type, and files downloaded to aggregate data for the Website and App. IP addresses are not associated with other information about the User, but only indicate general visitor navigation patterns. The Website may have embedded tags that allow some third-party entities to collect NPII usage statistics.
Like many organizations, Walkingspree places a standard Internet tool, such as web beacon or cookie, to collect NPII and track the User’s use of the Website and App. This helps us understand traffic patterns on the Website and improve its service. If the User does not accept cookies on his or her device, all of the Walkingspree services might not work properly for the User.
Personally Identifiable Information
Walkingspree collects personally identifiable information (“PII“) about you when you subscribe or sign up as a User of the Website or App. Once you decide to sign up for an account and sign into Walkingspree, you are not anonymous to us since we will have your name and other provided identifying information.
As a User, we collect and store information provided by you, at your option, to help you manage your overall wellness through the Website as well as to maximize the accuracy and enjoyment of your Activity Tracker. Examples of the information tracked include your daily steps, distance walked, specific events, other fitness activities, and completed daily tasks.
Walkingspree also enables Users to establish private groups, communities, or walking friends (collectively, “Walking Groups” or “Friends“), which Walkingspree will store both the descriptive information about the Walking Group as well as a listing of its members.
You could be inserted into a “Team” that is predefined by your employer. You could also be listed as a walking leader such as in “Top Walkers” category.
Use of Collected Information
Walkingspree may use the information you provide in a number of ways. We may segregate you into a certain section or Walking Group based on the collected information to better deliver a relevant and engaging solution for you. Walkingspree may also offer an automated or live custom coaching feature where the use of collected information is critical to the successful delivery of this new service.
At times, Walkingspree may share aggregated demographic information with our clients, business partners, and advertisers. This is not linked to any PII information that can identify you or any other individual.
When you join a Walking Group, you are electing to share your step data to the assigned Walking Group for use in reporting and for comparison purposes. Participating in a Walking Group is solely at your discretion, and you may elect to cancel your participation in any Walking Group at any time.
Your individual fitness and wellness information is used to provide the services available to you as a User to chart and record your activities. Aggregate information related to completed steps will be shared with your employer who sponsored your enrollment. Your individual step data is visible to other participants. Such aggregate information may be used to help us operate, analyze, and improve the Website and App on a continual basis, as well as, sending administrative messages and information, provide and conduct marketing and promotions, communicate with you about new products or services in development, or display relevant marketing to you.
We may also use or disclose your information to: (1) communicate directly with you; (2) verify your identity; or (3) respond as required by law, which we will determine in our reasonable judgment.
Unless otherwise described in this Notice, we do not sell, distribute, lease, or transfer the information we collect about you.
Confidentiality and Security of Information
Transmission of data and information via the Website or App is not a secure or encrypted transmission method for sending your PII, unless otherwise indicated. Any information or personal data sent to us through the Internet is not secure. PII may be intercepted, lost, redirected, corrupted, changed, or accessed by other individuals. As a result, we cannot ensure or warrant the security of any information you transmit to the Website.
Nevertheless, Walkingspree uses all reasonable efforts to protect PII collected through the Website or App against unauthorized access, use, or disclosure. Consequently, we limit employees’ access to collected PII to only those employees who need access to the information in the performance of their official duties.
In addition, we maintain reasonable and appropriate physical, technical, organizational, and administrative safeguards for the Website designed to prevent against loss, misuse, or unauthorized access, disclosure, or alteration of your PII once we have received it. These measures include limiting the number of people who have physical access to Walkingspree database servers, as well as electronic security systems and password protections which guard against unauthorized access.
When you visit the Website, we may send a cookie to your computer or device. A cookie is a small data file stored by your computer to help improve functionality or to tailor information to provide visitors with more relevant information. We also analyze traffic to the Website to identify what visitors visit so that we can tailor the Website or App accordingly.
You may employ do not track signals and requests from your computer or device to indicate that you do not want to be tracked or monitored. Websites are not required to accept these requests, and many do not. At this time, our Website does not honor do not track signals or requests.
Walkingspree will collect information from those using the Website or App, sharing information through Walking Groups’, going to other webpages, using a Walkingspree application or one with access to Walkingspree content, and our system will automatically record that data. The data in our logs may also include your IP address, the date and time of your request, User’s use of Walkingspree, and cookie data.
This data will allow us to collect NPII, help smooth the upload process, remember you on future visits, better understand how Users engage with the Website so we can enhance the User’s experience, and maintain volume on video playback. Most browsers accept HTTP cookies automatically, but allow you to disable them. You can manage Flash cookies with a tool found on Adobe’s Website. However, if you disable cookies on your browser, you will not be able to log in to the Website.
Sharing Your Personal Information
We may share your PII to any member of our group, which means our subsidiaries, affiliates, representatives, and holding company, as well as its subsidiaries, affiliates, and representatives. We may disclose your PII to third parties if you have consented to such disclosure. In addition, we may disclose or provide access to your PII to third parties without your consent: (1) if we have a good faith belief that we are under a duty to disclose or share your personal data in order to comply with any legal obligation such as in connection with a law enforcement request, judicial proceeding, court order or legal process; (2) to enforce this Notice; or (3) to protect the rights, property, or safety of Walkingspree, our customers, or others.
Links to Additional Services and Other Sites
Walkingspree may provide links to other websites for informational purposes, for your convenience, or to offer additional services through separate websites and, depending on your device and settings, applications linked to the Website (“Linked Sites“).
Linked Sites are independent from our Website and are not governed by this Notice. We do not review, have control over their content or business practices, or endorse Linked Sites or the information, software, products, or services available on Linked Sites. We also have no control over the privacy notices or practices use by Linked Sites.
Consequently, these other websites may collect different kinds of information and use this information in different ways than we would if collected by us. While we try to work with Linked Sites that share our high standards and respect for privacy, we encourage you to review their privacy policies and only provide personal information to Linked Sites if you can accept and agree to the standards set forth therein.
If you decide to access any Linked Site, you do so at your own risk.
Advertising that appears on our Website or App may be delivered to Users by advertising partners, who may set cookies. These cookies allow the advertisement server to recognize your computer each time they send you an online advertisement to compile NPII about you or others who use your computer.
If you have used the Website or App before, it is possible that Walkingspree has data about you already, and this data is being used to contact you about offers, events, items, or promotions of Walkingspree. This may also include marketing and promotional materials that promote third-party products, including advertising materials of affiliates, third parties, or trusted marketing partners with whom we have shared your PII. If you are a User, Walkingspree will continue to keep you informed of pertinent information unless you revoke your consent via the procedures set forth below.
If you are a new User, Walkingspree will give you the choice whether or not you want to receive emails or text notifications regarding future offers, events, new services or products, or any related activities. The purpose of these notifications, if given consent, is to keep you informed of any developments on the Website. If you have consented to receive such information, you may always revoke that consent at any time by electing to “Unsubscribe” from our emails or text messaging or by contacting us at firstname.lastname@example.org and indicating your changed preference.
If you choose no longer to receive marketing or other promotional information from us, we may still communicate with you regarding transactional or administrative topics such as service requests or User updates.
This Website and its products or services are not intended for, and not directed or marketed to, persons under the age of majority. We do not knowingly solicit or collect information from children or others who are not legally able to use our services. If we obtain actual knowledge that we have collected information from a child under the age of majority, we will promptly destroy that information, unless we are legally obligated to retain it. If you believe we have mistakenly or unintentionally collected information from a child under the age of majority, please contact us at email@example.com.
International Transfer of Your Information
We store your information received through the Website or App in the United States or other countries where the data protection and other laws may not be as comprehensive as those in your country, especially for Users in the European Economic Area. By using this Website, you consent to your information being collected, used, and transferred as set forth in this Notice. Information transferred to or stored in the United States may be subject to access requests from United States governments, courts, law enforcement officials and national security authorities in the United States according to United States laws. By using and accessing the Website or the App, you acknowledge and agree that your information will be transferred, stored, and used in the United State.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and provides penalties for violations.
Walkingspree may collect your email address to:
- Send information requested by User(s);
- Respond to inquiries, other requests, or questions.
In accordance with CAN-SPAM, we will:
- NOT use any false or misleading subjects or email addresses;
- Identify the message as an advertisement in some reasonable way;
- Include the physical address of our business or Website headquarters;
- Monitor third-party email marketing services for compliance, if one is used;
- Honor opt-out/unsubscribe requests quickly; and
- Allow Users to unsubscribe by using the link at the bottom of each email.
Control of Your Information and Your Individual Rights
Any personal information we collect will be used only for the purpose it was provided and as described in this Notice. Once personal information is no longer reasonably necessary for business purposes, we will destroy it in accordance with our record retention and destruction policy.
You may access your profile information at any time through the Website or App and in accordance with our Terms of Services. You may add additional information or may correct, delete, or amend any personal information that you have submitted to us. If you choose to delete certain personal information, we may not be able to provide the services you request.
In addition, some jurisdictions such as California, Canada, and the European Economic Area (under the General Data Protection Regulation (“GDPR“)) provide individuals with certain specific rights regarding their personal information. For example, the GDPR provides European residents with the following individual rights:
- To be informed about your personal information and how we use and share it (which is set forth in this Notice);
- To view and obtain a copy of the personal information we maintain about you, except where it would compromise legal privilege or others’ rights, be disproportionately burdensome, or be commercially proprietary;
- To amend or revise, or in some instances to provide supplemental information regarding, the personal information we maintain about you;
- To have the personal information we keep about you erased (also known as the right to be forgotten);
- To object to the use of your personal information for direct marketing;
- To restrict our use of the personal information we maintain about you;
- To transfer the personal information we maintain about you to another entity;
- To object to our use of the personal information we maintain about you;
- To object to automated decision making or profiling (we do not make automated decisions about you and do not profile individuals who visit our Website or App); and
- To file a complaint with us or the appropriate governmental entity.
To exercise any rights your jurisdiction may provide, contact us at firstname.lastname@example.org. We may require you to verify your identity before exercising your individual rights.
Walkingspree is a “data controller” as provided under GDPR.
Changes to this Notice
We may change or update this Notice from time to time. The effective date at the top of this page states when it was last substantively revised. Any change to this Notice will become effective when we post the revised Notice to the Website. Your use of the Website or App posting means you accept this Notice.
If any change materially or negatively affects the privacy of Users and their personal information, we will use reasonable efforts to notify you in advance and give you a reasonable time to object to any changes.
We encourage you to review this Notice periodically to stay informed about how we collect, use, maintain, disclose, and otherwise process personal information.
Walkingspree welcomes your questions or comments regarding this Notice or the personal information we retain about you. If you have any questions about your individual rights about your personal information or have questions, concerns, or complaints about this Notice or our privacy practices, please contact us at:
Attn: Office of Privacy
17806 Interstate 10
Suite 300 Boerne, TX 78257