OMSignal, Inc. (“OMSignal,” ”we,” or “us”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the personal information we collect from users of the OMSignal and PoloTech biosensing shirts and data modules (collectively, the “OM+ Box”) and the applications entitled “OMSignal” and “PoloTech By Ralph Lauren — Video Workouts That Adapt to Your Real-Time Biometric Data, Powered by the PoloTech Shirt” (collectively, the “App” and, together with the OM+ Box, the “Services”), that, among other things, help users track certain biometric information.
1. Questions; Contacting Company; Reporting Violations. If you have any questions or concerns or complaints about OM Signal’s Privacy Policy or the company’s data collection or processing practices, or if you want to report any security violations to OM Signal, please contact us at the following address or phone number:
OMSignal, Inc.
Attn: Legal
75 Rue Queen
Suite 3700
Montréal QC
H3C 2N6
Canada
2. A Note About Children. OM Signal does not intentionally gather personal information from anyone who is under the age of 13. If a child under the age of 13 submits personal information to OMSignal and the company learns that the personal information is the information of a child under 13, OM Signal will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us.
3. Types of Data We Collect. We collect personal information from users, as described below.
(a) Information You Provide to Us
● We may collect personal information from you, such as your first and last name, age, gender, weight, e-mail, and password when you create an account to log in to our network (“Account”).
● When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
● When you order Services from us, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information, and shipping information.
● If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail.
● If you participate in a sweepstakes, contest, or giveaway, we may ask you for your e-mail address and home number (for notification and other purposes). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
● We collect other types of personal information that you provide to us voluntarily.
● We may collect personal information, such as at other points during your use of our Service that state that personal information is being collected.
(b) Information Collected from SNS Accounts. If you log into your Account using your Facebook account or another social networking service (“SNS”) that we support, you will first be asked to enter your SNS credentials and then be given the option to register for the Services. In this case, we may receive information from the SNS to make it easier for you to create an Account on the Service and show our relevant content from your Facebook or SNS friends. Any information that we collect from your SNS account may depend on the privacy settings you have with that SNS. It is your obligation to consult and review the SNS’s privacy and data practices. You have the option to disable Facebook Connect at any time by logging into your Account through the App and going to “Settings,” and then unselecting “Linked to Facebook”. You can also edit privacy settings for the reviews that appear on Facebook or disconnect your Services activity stream by visiting the Facebook Applications Settings page.
(c) Information Collected via Technology
● Mobile Services. We may collect non-personal information from your mobile device if you have downloaded the App. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the App, and information about the type of device you use. Additionally, if the App crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of the App. This information is usually sent to us as aggregated information and is typically not traceable to any individual.
● OM+ Box. Our biosensing shirt and data module which connects with it enables users of the App to collect certain biometric information about themselves while wearing the biosensing shirt and data module, including, but not limited to, heart rate, rate of breathing, steps taken, and periods of activity (“Workout Information”).
● Traffic Analytics. We use a number of third party service providers, such as Google Analytics, to help analyze how users use the Service (“Analytics Companies”). These Analytics Companies uses cookies (small pieces of information stored on your device) to collect information such as how often users use the Service, and what features they use on our App. We use the information we get from these Analytics Companies to, among other things, improve our App and the Services. These Analytics Companies collect the IP address assigned to you on the date you visit the Service and not your name or other personally identifying information. Although these Analytics Companies may place a persistent cookie on your web browser or mobile device to identify you as a unique user the next time you visit the Service, the cookie cannot be used by anyone but the Analytics Company that placed the applicable cookie. This Privacy Policy does not apply to, and we are not responsible for, the cookies used by Analytics Companies. To opt out of aggregation and analysis of data collected by Google Analytics, please click here.
4. Use of Your Personal Information
(a) General Use. In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We may use your personal information to:
● facilitate the creation of and secure your Account on our network;
● identify you as a user in our system;
● provide improved administration of our App and Services;
● provide the Services you request;
● improve the quality of the experience when you interact with OM Signal and our App and Services;
● send you e-mails to verify ownership of the e-mail address provided when your Account was created and for other purposes such as updates to terms or to inform you of new or improved products and services;
● send you administrative e-mail notifications, such as security or support and maintenance advisories;
● respond to your inquiries related to functionality of the App and Service, employment opportunities, or other requests;
● send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of OM Signal.
(b) User Feedback. We often receive comments from users who have had positive experiences with our Services. We may post user feedback on the company’s Website at any time and from time to time. We may share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback.
(c) Creation of Anonymous Data. We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We may use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.
5. Disclosure of Your Personal information. We disclose your personal information as described below and as described elsewhere in this Privacy Policy.
(a) Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with the third parties that you designate to receive such information.
(b) Third Party Service Providers. We may share your personal information with third party service providers to, among other things: provide you with the Services that we offer; conduct quality assurance testing; facilitate creation of accounts; provide technical support; and provide other services to OM Signal.
(c) Social Networking Sites. Our applications and Services may enable you to post your Workout Information to a SNS (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of any SNS and that it is your responsibility to review the terms of use and privacy policy of the SNS. We will not be responsible or liable for: (1) the availability or accuracy of any SNS; (2) the content, products, or services on or availability of any SNS; (3) your use of any SNS; or (4) the privacy of security of any of your information that is used with any SNS.
(d) Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of a merger, financing, acquisition, or dissolution, transaction, or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. If the company suffers an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires OM Signal’s company, business, or assets, the acquiring entity will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
(e) Other Disclosures. Regardless of any choices you make regarding your personal information (as described below), OM Signal may disclose personal information if it believes in good faith that such disclosure is necessary (1) in connection with any legal investigation, (2) to comply with relevant laws or to respond to subpoenas, warrants or other legal orders to disclose served on OM Signal; (3) to protect or defend the rights or property of OM Signal or users of the App or Services; and (4) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
6. Your Choices Regarding Your Information. You have several choices regarding use of your information that is used with the Services:
(a) Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of the App and Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
(b) Changing or Deleting Your Personal Data. All users may review, update, correct, or delete the personal information in their Account by contacting us or by editing their profile via the Service. If you completely delete all of your personal information, then your Account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records for so long as permitted by applicable law and for legitimate business purposes.
(c) Applications. You can stop all collection of information by the App by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
7. Security of Your Personal information. OM Signal is committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account. You should not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while OM Signal uses reasonable efforts to protect your personal information, we do not guarantee the security of your personal information.
8. Changes to This Privacy Policy. We may update and change this Privacy Policy at any time and from time-to-time. If we make any material changes in the way we use your personal information, we will notify you by sending you an e-mail to the last e-mail address you provided to us or by prominently posting notice of the changes within the App or on the company’s website. Any changes to this Privacy Policy will be effective upon the earlier of 30 calendar days following our dispatch of an e-mail notice to you or 30 calendar days following our posting of notice of the changes on the company’s website or within the App. These changes will be effective immediately for new users of our Service. You are solely responsible for updating your personal information to provide us with your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account. Continued use of the App or Service following notice of changes to this Privacy Policy shall indicate your acknowledgement of such changes and agreement to be bound by the changes.