Effective Date: May 12, 2020
WHO is Responsible for Processing Your Personal Data?
WHAT Personal Data Do We Collect and When?
TOOLS to Manage What Personal Data We Collect
WHY and HOW Do We Use Your Personal Data?
SHARING of Your Personal Data
PROTECTION and MANAGEMENT of Your Personal Data
COOKIES and Pixel Tags
USING the SOUL FIT App with Third-Party Products and Services
QUESTIONS and Feedback
WHO is Responsible for Processing Your Personal Data?
Information About Your Personal Data
"Personal Data" is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, precise location, device IDs, certain cookie and network identifiers, and "Fitness and Wellness Data."
How We Collect and Use Personal Data?
We collect your Personal Data in a number of ways and for various purposes, including:
1. When you register for an account or interact with our Services.
We collect Personal Data when you use or interact with our Services, including when you register with us, browse our products online, obtain coaching and training services, make purchases from us (including processing of payment), and when you ask us to customize apparel, products, or Services. This Personal Data may include name, address, phone number, username and password, email address, date of birth, payment information and Location Data. "Location Data" means either approximate location or, with your consent, precise location. We use this data to create your account, enable your activity within our Services, and to provide the services generally, including to develop, enhance, and improve our Services and your experience. We also use this data for internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
2. When you input Fitness and Wellness Data within our Services or use our Services that collect or infer such data from mobile device sensors.
"Fitness and Wellness Data" includes data you provide related to your lifestyle (e.g., sleeping habits), life events, dietary restrictions, fitness goals, height, weight, measurements, fitness level, heart rate, sleep data, BMI, biometric data, and similar types of data relating to physiological condition, and activity. We collect this data in order to provide the Services and to tailor features, products, advertising, and services to your interests and goals, including providing suggestions, workout plans, training- and coaching-related services, and product recommendations (e.g., custom products).
3. When you use or interact with a wearable or other connected device.
We also collect Personal Data, including Fitness and Wellness Data, when you use a device that is connected to the Internet, such as heart rate monitors, activity trackers, and other devices or wearables that are not personal computers or mobile phones or tablets. When you use a wearable or connected device or product, we may also collect certain information about the device or product such as serial number, Bluetooth address, UPC, or other device- or purchase-related information.
Note on Apple HealthKit Data
4. When you give us permission to collect Location Data.
We may collect precise Location Data as part of the functionality of our Services, such as to provide route maps, route tracking, geographically relevant Services, offers, or ads, weather information, and to conduct analytics to improve the Services. We may collect precise Location Data in several ways, such as through your wireless carrier, based on WiFi access point location, via Bluetooth beacons, through a connected device, or directly from the device on which you use the Services. If you choose to purchase apparel or products with specially embedded hardware to track the movement or location of the apparel or product, these technologies may also enable collection of precise Location Data. If you are accessing the Services through one of our mobile applications, the way we collect precise Location Data will differ depending on your mobile device's operating system. In all events, we do not collect precise Location Data, unless you have "allowed" its collection. If you decline to allow Location Data collection in the app, we will not collect your precise Location Data unless you manually enter it in.
5. When you communicate with us or sign up for promotional materials.
We collect Personal Data when you communicate with us or sign up to receive promotional materials or information via email, push notifications, or text messages - including email address, mobile number, WeChat ID, etc.
If you consent to such messages, we may use your Personal Data and other information to communicate with you about the SOUL products or Services you have purchased or used; provide you with promotional messages and personalized advertising; to notify you of other products; to notify you of contests, challenges, sweepstakes, and other promotions ("Promotions"); to notify you of Services we think may be of interest to you; and, for other marketing purposes. You can manage your communication preferences by registering for and logging into your account.
We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests. We may also use your Personal Data to address your requests, inquiries, and complaints.
6. When you participate in special activities, offers, or programs.
We may request or otherwise collect Personal Data, including Fitness and Wellness Data when you participate in Promotions, when you participate in surveys, or when you participate in research activities or initiatives, including for academic, commercial, wellness-related and community planning (e.g., bike trail) analysis, and research study purposes ("Research"). This includes Personal Data, such as name, address, email address, telephone number and age and other information that may be appropriate in order to participate. If you win a Promotion, we also may need to collect certain tax information, waivers and releases, depending on the prize.
7. When you engage with our online communities or advertising.
We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with SOUL. Please note that our community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.
8. When you access third party products and services.
We may allow you to register and pay for third-party products and services or otherwise interact with another website, mobile application, or Internet location (collectively "Third Party Sites") through our Services, and we may collect Personal Data that you share with Third Party Sites through our Services. When we do so, we will inform you of the further details of how we use your Personal Data.
9. When you connect with us through social media.
10. When we collect data from third parties or publicly-available sources.
We may obtain certain data about you from third party sources to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services, such as providing you with a single point of sign on for our Services and/or building an account dashboard letting you understand how to access and control all the Services you use from a single page.
11. When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies.
We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. Our Cookie and Device ID Use section contains more information and options to control or opt-out of certain data collection or uses.
12. When we aggregate or centralize data.
We aggregate and centralize Personal Data and Fitness and Wellness Data for purposes of analytics, innovation, and to provide enhanced services to our customers and end-users.
13. When we link you to friends across platforms.
Some of our services consist of social sharing and communication with others. We use your Personal Data to enable sharing as described in the service, including to enable you to find and link to friends on other SOUL platforms.
14. When you take fitness tests or assessments; share content or achievements; or invite friends.
We use video data you provide to us and phone sensor data in order to estimate joint flexibility measurement, angles of motion, real-time fitness potential, and to assess your physical movement. We use this data to provide instructional videos, instructional feedback, coaching, and training services. With your permission, we access your contacts and calendar to enable you to share content or achievements, including videos, with friends or other members, and to invite friends to use the Services.
15. When we provide you geographically relevant Services, offers, or advertising.
Where you have provided consent to process your precise Location Data, we may use such data to provide you with Services, offers or advertising that are relevant to your location.
16. When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes ( Location-Specific Disclosures may apply).
WHAT Personal Data Do We Collect and When?
We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events or contests, or use our App.
This personal data includes your:
contact details including name, email, telephone number and shipping, billing address;
login and account information, including screen name, password and unique user ID;
personal details including gender, hometown, date of birth and purchase history;
payment or credit card information;
images, photos and videos;
data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size);
fitness activity data provided by you or generated through our App (time, duration, distance, location, calorie count, pace/stride ); or
personal preferences including your wish list as well as marketing preferences.
We collect additional personal data from you to enable particular features within our App. For example, we request access to your phone’s location data to log your run route, your contacts to allow you to interact with your friends, your calendar to schedule a training plan or your social network credentials to post content from our App to a social network. This personal data includes your:
movement data from your device’s accelerometer;
photos, contacts and calendar information;
sensor data, including heart rate and (GPS) location data; or
social network information, including credentials and any information from your public posts about SOUL FIT or your communications with us.
When interacting with our App, certain data is automatically collected from your device or web browser, as further described below in the section titled “Cookies and Pixel Tags.” This data includes:
Device IDs, call state, network access, storage information and battery information; and
Cookies, IP addresses, referrer headers, data identifying your web browser and version, web beacons, tags, and interactions with our App.
We do not knowingly collect personal information online from children under the age of 13.
TOOLS to Manage What Personal Data We Collect
When using our App, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or to send push notifications. We may obtain this consent through the App or using the standard permissions available on your device.
In many cases, your web browser or mobile device will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
At this time, we do not respond to “do not track” signals sent by web browsers.
WHY and HOW Do We Use Your Personal Data?
We use your personal data in the following ways:
To Provide the Features of the App and the Services You Request
When you use our App, we will use your personal data to provide the requested product or service. For example, if you make a purchase on soulnation.com, or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.
If you use our App to track your fitness activity or physical characteristics, we will collect this personal data and store it so that you can review it in the App. Your fitness activity data may include data you enter about your activity or data collected by your device during your activity such as location data and movement data. We may use this activity data to calculate further information about your activity, such as distance run, or calories burned, so that the calculated information can be provided to you as part of the functionality of the App.
In many cases, to use particular features within our App you may need to provide SOUL FIT with additional data or additional consent to use particular data in a certain way. For example, to use the heart rate tracking features of our App, you may need to connect to a heart rate monitoring device. Similarly, to share content on social media, you may be required to provide your social media account credentials to sign in.
To Communicate Information about our Products, Services, Events and for Other Promotional Purposes
If you are an existing customer of SOUL (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar SOUL products or services, where permitted by applicable law (unless you have opted out). In other cases, we ask for your consent to send you marketing information.
We may use the information that you provide to us as well as information from other SOUL products or services - such as your use of SOUL FIT, your visits to or purchases made in SOUL stores, your participation in SOUL FIT events and contests (possibly through other SOUL affiliates program) - to personalize communications and advertisements regarding our products and services that may be of interest to you. For registered users, this may include data collected from your interactions with our App that are associated with your account across devices.
To Operate, Improve and Maintain our Business, Products and Services
We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our App.
To Protect Our or Others' Rights, Property or Safety
For General Research and Analysis Purposes
We use data about how our visitors use our App to understand customer behavior or preferences. For example, we may use information about how visitors to soulnation.com search for and find products to better understand the best ways to organize and present product offerings in our storefront.
Use of Workout Info
As discussed above, SOUL FIT collects data about your fitness activity or your physical characteristics, together, “Workout Info”, to provide certain services on our App. Because of the personal nature of this data, we strive to provide you with clear information about how Workout Info will be used. As this data may be considered sensitive in certain jurisdictions, we take appropriate measures in protecting and using this data and, where required by applicable law or under SOUL FIT’s internal policies, will obtain your consent for use of your Workout Info.
LEARN MORE ABOUT WORKOUT INFO
What is Workout Info?
SOUL uses the term “Workout Info” to refer to information generated by SOUL FIT about your fitness activity combined with measurements of your physical characteristics. Examples of data that are part of your Workout Info include your location, accelerometer data, or heart rate, collected while you workout. Workout Info can also include measurements that are calculated from the data recorded while you do a workout, for example, distance run, pace, and calories burned. Height, weight, and resting heart rate are examples of Workout Info that are precise measurements of your physical characteristics rather than your fitness activity.
Because of the personal nature of this data, we strive to provide you with clear information about how Workout Info will be used. As this data may be considered sensitive in certain jurisdictions, we take appropriate measures in protecting and using this data and, where required by applicable law or under SOUL’s internal policies, obtain your consent for use.
How does SOUL use Workout Info?
SOUL FIT collects Workout Info from you so that we can help you achieve your fitness goals while using our fitness apps, participating in our events, and when we provide you with products or services.
Enabling Core Features of the Apps and Experiences
Our apps and experiences often require that you permit SOUL to process your Workout Info so that you can use the core features. For example, when using the SOUL FIT, SOUL needs access to your location data or movement data and height (if you are running on a treadmill) so that we can measure your run distance and pace. When participating in a SOUL event, such as a race, SOUL will collect your race time and the race distance.
SOUL also maintains systems that store aggregated Workout Info from you and others so that we can deliver the apps and services to you and provide internal reports on metrics such as registrations, use, and popularity. In some countries, we will obtain your express affirmative consent to processing your Workout Info in order to provide these core features of the app or experience. In these countries, if you do not consent to the necessary processing, you will not be able to use the experience.
Default Height and Weight
SOUL FIT requires height and weight to enable core features, for example, calculating distance or calories. Instead of providing your actual height and weight, you may choose to use default values instead. This allows SOUL to provide the core features of the app, while giving you greater control over what you share with us. If you use default values, some measurements in the apps and experiences may be less accurate than they would be if you provided accurate measurements.
Enabling Personalization and Analysis Based on Workout Info
SOUL also offers many optional innovative features that leverage analysis of individual and aggregated Workout Info so that we can personalize your experience.
For example, we may analyze your Workout Info to provide custom training plans that change as you progress over time. By analyzing your recent and historic workouts, we can recommend the best program for your current activity level and goals. We will also compare your activity to millions of other athletes’ activity so that we can continuously improve our programs and deliver the best recommendations to you.
SOUL may also personalize invitations to events or product recommendations based on your Workout Info.
Direct Marketing Preferences Still Honored
Regardless of your “My Workout Info” setting, SOUL will honor your existing preferences about how we should communicate with you for direct marketing. If you have opted-in to receive email marketing, you will continue to receive emails, if you have opted-out from receiving email marketing, changing your Workout Info setting will not sign you up for any new email program.
Connecting Third Party Devices
SOUL FIT also supports connecting third party devices that may capture Workout Info. When you connect a third party device, such as a running watch or a heart rate monitor, and configure it to connect to SOUL FIT, you agree to transfer Workout Info from the device to the SOUL FIT. Once stored within the SOUL FIT, SOUL will treat the data originating from these devices as Workout Info.
We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.
SHARING of Your Personal Data
SOUL FIT’s Sharing
SOUL FIT shares your personal data with:
SOUL FIT entities for the purposes and under the conditions outlined above
Service providers processing personal data (including the personal data noted in the "What Personal Information Do We Collect and When" section) for business purposes on SOUL FIT’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features.
To any other third party where you have provided your consent.
We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
We do not sell your personal data.
When you use certain social features on SOUL FIT, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including information about your SOUL FIT activity. We encourage you to use the tools we provide for managing SOUL FIT’s social sharing to control what information you make available through SOUL FIT’s social features.
PROTECTION and MANAGEMENT of your Personal Data
Encryption & Security: We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, to maintain the safety of your personal data.
Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.
Retention of your personal data: We retain your personal data for as long as necessary to fulfil the purposes described in this policy, unless otherwise required or permitted by law. For example, we keep your account profile information for as long as you keep your SOUL FIT account, but, we may keep your order history longer to comply with legal obligations.
Managing your personal data: You may have the right to request: (i) access to your personal data (both the categories of data we collect, which is laid out in this policy, and particular types); (ii) an electronic copy of your personal data; (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data in certain circumstances as provided by applicable law. We will not discriminate against you for the exercise of these rights. If you request to delete your account, you can create a new account on SOUL FIT at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us. Contact details can be found in the “Question and Feedback” section below.
Managing your content: You can request removal of your posted User Generated Content on the SOUL FIT, but please note that removal may not encompass all possible locations, for example, back-ups or sharing by other users initiated prior to removal.
Managing your notifications: If you have a SOUL FIT account, you can opt-out of receiving SOUL’s marketing communications by modifying the preferences in your account settings. Alternatively, you can opt-out by following the opt out or unsubscribe instructions in the message or by contacting us. Contact details are in the “Questions and Feedback” section below.
How We Use Personal Information
We ask you for certain kinds of personal information in order to provide you with the services you request and to process and deliver your order. We also may use your personal information to provide you with customized communications and keep you updated on the latest promotions or products that may interest you.
In addition, our site utilizes 'cookies.' Cookies do not gather any of your personally identifiable information. They do allow us to provide you with a more personalized shopping experience and enable you to fully interact with and complete your transaction on our site.
How We Disclose Personal Data
1. To Affiliates and Partners
With companies or ventures that are owned or controlled by SOUL, and internally within SOUL, in order to provide and improve Services, for marketing purposes, and for advertising.
2. To Service Providers and Vendors.
With business partners, marketing partners, and vendors to provide, improve, and personalize the Services.
Notice for Apple Users
3. To Social Network Providers.
With social network providers when we use social network widgets, buttons, or plug-ins in our Services.
4. To other Users/SOUL Registered Users.
With other users in the context of specific Services that are social in nature. In these cases, we disclose social data and certain Fitness and Wellness Data by default because the service being provided is one of social interaction. Additionally, any information you post or disclose in our community forums (for example, Facebook, WeChat, YouTube, Twitter, or other sponsored pages on the SOUL Blog) is public.
5. For Advertising and Marketing.
With advertising and marketing partners for advertising and marketing purposes on SOUL's behalf and on behalf of third parties, including Facebook, Baidu, and WeChat.
In addition, with your consent, we may share your precise Location Data with Third Parties for on and off platform personalization and curated marketing and advertising purposes.
6. For Certain Analytics and Improvement
With certain companies for purposes of analytics and improvement of the Services.
7. For Interest-Based Advertising.
With companies involved in interest-based advertising, including web, mobile app and other advertising. This advertising consists of SOUL and third party ads that are personalized and displayed on our sites and apps and through other channels. Advertising also includes personalized ads from the SOUL family of companies displayed on Third Party Sites and apps and through other channels.
8. For Legal Compliance, Law Enforcement, and Public Safety Purposes (Location-Specific Disclosures may apply).
9. In the event of an actual or contemplated sale. (Location-Specific Disclosures may apply)
With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.
Residents of the European Economic Area. Our disclosure is limited to situations where we are permitted to do so under applicable European and national data protection laws and regulations.
COOKIES and Pixel Tags
SOUL FIT collects information, which may include personal data, when you use SOUL FIT. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our App such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
Some advertising and technology partners may also collect personal data when you use our App. These partners have committed to act as service providers on SOUL FIT’s behalf and have committed to only use your personal data for SOUL FIT’s purposes as described in this policy.
In some instances SOUL FIT allows you to log-in with or connect your SOUL FIT account with a third-party social media or partner account. If you do so, your use of their technology within our App is subject to their terms and policies.
Functional: These cookies are required for basic App functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore SOUL FIT within a single session or, if you request, from session to session.
Performance: These cookies allow us to improve SOUL FIT’s functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember App preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow App performance.
Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our App through social media. Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
Your browser can help you manage cookies. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our App more efficient and some of our services will not function properly. There are also general resources for opting out of interest based advertising available on the websites of the Network Advertising Initiative and the Digital Advertising Alliance.
Similarly, you can adjust your advertising preferences on your mobile device at the device level. For example, to adjust your advertising preferences in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking. To adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.
USING the SOUL FIT App with Third-Party Products and Services
SOUL FIT allows you to interact with a wide variety of other digital products and services. For example, our App can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services.
If you choose to connect your SOUL FIT account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your SOUL FIT activity on third-party social media platforms, the policies of those platforms govern the data that resides there.
SOUL FIT may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
QUESTIONS and Feedback
If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, please use our SOUL FIT Privacy Webform.
You may also contact Consumer Services (1.800.806.6453) or our Privacy Office at: Privacy Office, One Bowerman Dr., Beaverton, OR 97005, USA or send us an email at privacy@SOUL FIT.com.
If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.