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Ten Spot

Privacy Notice

Effective Date: January 25, 2021

Last Updated: January 25, 2021

We at Fitspot Wellness, Inc. (DBA Ten Spot) (“Ten Spot”, “us”, “our”, or “we”) are strongly committed to transparency, and we want you (“you” or “your”) to understand how we collect, use, share and protect your personal information, as well as how you can manage the personal information we collect. This Privacy Notice applies to your interactions with us or your use of our websites (tenspot.com and tenspot.co), app, products, services, or features, either online or offline (collectively, the “Services”). Please see Section 11 for the contact details of who will be acting as data controllers for the purposes of EU and UK data privacy laws.

By using our Services, you acknowledge the terms of this Privacy Notice. If you do not agree to the terms of this Privacy Notice, please do not use our Services. If you do not understand, or if you have questions about, this Privacy Notice, please contact us before using, or continuing to use, our Services.

We reserve the right to change our Privacy Notice from time to time by posting the changes here. If we choose to amend this Privacy Notice, we will change the Last Updated at the top of this Privacy Notice when we post the updated version. We may also provide you with notice by prominently posting on our websites, via email or both, if we make any significant changes to this Privacy Notice. We may also highlight those changes at the top of this Privacy Notice and provide a prominent link to it for a reasonable length of time following the change. Your use of our Services after we have informed you in one of these ways that we made changes to our Privacy Notice will mean that you have accepted those changes.

  1. TYPES OF INFORMATION WE COLLECT
  2. HOW WE COLLECT PERSONAL INFORMATION
  3. HOW WE USE PERSONAL INFORMATION
  4. WHY WE USE PERSONAL INFORMATION
  5. HOW PERSONAL INFORMATION IS SHARED
  6. HOW WE PROTECT PERSONAL INFORMATION
  7. DATA TRANSFERS
  8. CHILDREN’S PRIVACY
  9. YOUR CALIFORNIA PRIVACY RIGHTS
  10. YOUR CHOICES
  11. THIRD PARTY WEBSITE AND APPS
  12. EUROPE
  13. CONTACT US

 

  1. TYPES OF INFORMATION WE COLLECT

We collect two basic types of information from you when you provide it to us or when you use or interact with our Services: personal information and non-personal information.

Personal information includes all information that relates to you or which are opinions about you personally and either identifies or may be used to identify you personally (collectively, “personal information”). We may collect the following types of personal information from you depending upon the device you are using and how you interact with us or use or interact with our Services, such as your:

  • Profile Information. Name, email address, phone number, profile photo, and other contact information.
  • Demographic Information. Date of birth and gender.
  • Mobile Device Information. IP address, internet service provider, browser type and version, browser plug-in types and versions, operating system and platform, device type and device identifiers.
  • Wearable Connected Device Information. Steps, sleep data, calories burned and other related information.
  • Location Information. Collected from your IP address.
  • Financial Information. Credit card and billing information.
  • Employment Information. Place of employment, office address, and department.
  • Job Applicant / Employee Information. If you apply for a position with us, we may collect some of the information listed above as well as certain information about you, including race, ethnicity, and previous employment and education history. If you accept a position with us, we may collect some of the information listed above as well as other information necessary to manage your employment relationship, including your Social Security number and bank account information.

Please do not provide us with any health or health-related information, such as medical conditions, treatments, or care information, regarding yourself or another person.

You can always refuse to provide your personal information, except that it may prevent you from engaging in our Services or receiving responses to your inquiries or other information of interest.

To see all of the categories of personal information we collect, please review the appendix.

Non-personal information includes information that does not personally identify you or information that has been anonymized (collectively, “non-personal information”). When we combine non-personal information with personal information, we treat the combined information as personal information.

 

  1. HOW WE COLLECT PERSONAL INFORMATION

We need to collect personal information from you in order to provide you with our Services, as well as to improve your experience. You may provide us with personal information in several ways, including, for example when you:

  • Visit our website or use our Services;
  • Register for any app or website account;
  • Correspond with us in any way, including through surveys and promotions;
  • Sign up to receive our newsletter or promotional information;
  • Ask for customer service, support or other assistance; or
  • Interact with us in any other way, online or offline, including through our Services.

Cookies

Like many websites and apps, we use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions. They collect and store information when you visit our website about how you use it through which it is possible to record your use of the website, as well as provide you with a better service and experience when browsing and for analytics. The data we collect through these technologies will also be used to manage your session.

For more information about cookies and how we use them, please see our: Cookie Notice.

You can set your browser or device to refuse all cookies or to indicate when a cookie is being sent. If you delete your cookies, if you opt-out from cookies or if you set your browser or device to decline these technologies, some Services may not function properly. Our Services do not currently change the way they operate upon detection of a Do Not Track or similar signal.

Online Analytics

We also use various types of online analytics, such as Rudderstack, Amplitude, and Google Analytics, on our Services. Google Analytics is a web analytics service provided by Google, Inc. (“Google”) that uses cookies or other tracking technologies to help us analyze how users interact with and use the Services, compile reports on the related activities, and provide other services related to website and app activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website or app. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google click here.

Offline Interactions and Other Sources

We also may collect personal information from other sources (such as our partners or third party service providers) or from our offline interactions with you for the purposes listed in the How We Use Personal Information section below, including to enable us to verify or update information contained in our records and to better customize the Services for you.

Surveys and Promotions

From time to time, and subject to your consent where required by applicable local law, we may provide you with the opportunity to participate in surveys or other promotions, some of which might be sponsored or conducted by a third party. Participation in these surveys and promotions is completely voluntary. If you choose to participate, we will request certain personal information from you. If there is a third party sponsor involved in the survey or promotion, we may provide certain personal information with the third party sponsor. Please make sure to review the sponsor’s privacy policy and be aware that any sweepstakes, raffles, surveys or similar promotions offered by us may be governed by specific rules and terms and conditions that are separate from and in addition to this Privacy Notice. By participating in any such sweepstakes, raffles, surveys or similar promotion, you will become subject to those rules, including but not limited to receiving emails containing survey or promotion communications.

  1. HOW WE USE PERSONAL INFORMATION

We may use personal information to do any or all of the following:

  • provide you with our Services;
  • facilitate your interactions and transactions with us;
  • respond to your requests, communications, suggestions, comments, inquiries, and requests (including your feedback about our Services);
  • administer our relationship with you, including creating and managing your account;
  • maintain and improve our Services;
  • measure performance;
  • develop new products, features, and services;
  • better understand the preferences of our customers;
  • provide personalized Services, including content and ads;
  • provide you with, and improve, relevant marketing offers or information from us or relevant third parties;
  • facilitate your participation in our surveys and promotions;
  • respond to legally binding requests from law enforcement, regulatory authorities, or other third parties;
  • defend, protect or enforce our rights or applicable terms of service or to fulfill our legal or contractual obligations;
  • to prevent fraud or the recurrence of fraud;
  • assist in the event of an emergency; or
  • comply with applicable law.

We may also combine your personal information collected through various sources, including information collected through our Services, and develop a customer profile that will be used for the purposes above.

If you are a job applicant, we will use your personal information as necessary to determine your fitness for a position. If you are an employee, we will use your personal information as necessary to manage our employment relationship with you.

We may retain personal information for as long as we need to use the information for the purposes listed above, including, for backup, archival, accounting, and/or audit purposes.

We may use personal information to create non-personal information. We may use non-personal information for any legitimate business purpose. We may retain non-personal information for as long as we have a business need to do so.

  1. WHY WE USE PERSONAL INFORMATION

We may use personal information for a number of reasons:

  • we have received consent for a particular purpose (for example, consent to send advertisements and promotions);
  • in order to fulfill a contract or to provide our Services;
  • when the processing is necessary for the purposes of our legitimate interests or those of a third party, provided we have balanced these against the rights and interests of the applicable individual; and
  • in order to comply with a legal obligation (for example, responding to government or law enforcement information requests).

Our legitimate interests for using personal information are:

  • to ensure effective administration and management of our relationship with our customers, including providing our Services;
  • to understand how our customers use our Services and to manage our Services;
  • to carry out research and analysis on what Services or products our customers want or how they would like us to improve our Services and products;
  • to understand how our customers use our Services and identify any issues in how the Services are used and how we can improve customer experience;
  • to tell our customers about the various products and Services we can offer;
  • to understand and respond to inquiries and feedback;
  • to better tailor and personalize the promotions and benefits that we can offer to our customers;
  • to ensure our systems and premises are secure;
  • to develop relationships with business partners;
  • to ensure debts are paid;
  • to operate tools that exclude individuals from direct marketing after they have unsubscribed;
  • to share data in connection with acquisitions and transfers of our business.
  • to manage our supply chain;
  • to prevent, detect, or investigate unauthorized use of our Services and ensure we comply with the law and our policies; and
  • to manage any dispute and accidents and take legal or other professional advice.
  1. HOW PERSONAL INFORMATION IS SHARED

When you share information

Some our Services let you share personal information with other people, and you have control over how you share. Remember, when you share information publicly, your information may become publicly accessible. You acknowledge and agree that if you decide to share personal information with another individual or third party through the Services, such decision is made at your sole risk and Ten Spot will not be liable for your decision to disclose such personal information.

When we share information

Except as disclosed in this Privacy Notice, we do not share personal information with any companies other than our partners and affiliates and their directors, officers, employees, agents, consultants, advisors or other representatives. In no event will we sell or rent personal information.

We may share personal information with our third party service providers, suppliers, vendors, and business partners, including your employer, to help us:

  • with the uses described in the How We Use Information section above;
  • in the operation, management, improvement, research and analysis of our Services;
  • with our marketing and promotional projects, such as sending you information about products and services you may like and other promotions (provided you have no unsubscribed from receiving such marketing and promotional information from us); and
  • comply with your directions or any consent you have provided us.

We may share personal information with law enforcement and regulatory authorities or other third parties as required or permitted by law for the purpose of:

  • responding to a subpoena, court order or other legal processes;
  • defending, protecting or enforcing our rights;
  • assisting in the event of an emergency; and
  • complying with applicable law.

We may also transfer or assign personal information to third parties as a result of, or in connection with, a sale, merger, consolidation, change in control, transfer of assets, bankruptcy, reorganization, or liquidation. If we are involved in defending a legal claim, we may disclose personal information about you that is relevant to the claim to third parties as a result of, or in connection with, the associated legal proceedings.

To see all of the categories of personal information we share, please review the appendix.

We share non-personal information with third parties as reasonably necessary to meet our business needs.

  1. HOW WE PROTECT PERSONAL INFORMATION

We are concerned about ensuring the security of your personal information. We aim to provide secure transmission of your personal information from your equipment to our servers. We have processes to store personal information that we have collected in secure operating environments. Our security procedures mean that we may occasionally request proof of identity before we disclose your personal information to you. We try our best to safeguard personal information once we receive it, but please understand that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. If you suspect an unauthorized use or security breach of your information, please contact us as soon as possible.

  1. DATA TRANSFERS

We are a global business. As such, information we collect may be transferred to, stored, and processed in any country or territory where one or more of our business partners or service providers are based or have facilities. While other countries or territories may not have the same standards of data protection as those in your home country, we will continue to protect personal data that we transfer in line with this Privacy Notice.

  1. CHILDREN’S PRIVACY

Our Services are not for children or those under the age of 16. We do not knowingly collect personal information from children or other persons who are under 16 years of age. Individuals who are children or those under the age of 16 should not attempt to provide us with any personal information. If you think we have received personal information from children or those under the age of 16, please contact us immediately.

  1. YOUR CALIFORNIA PRIVACY RIGHTS

We do not share personal information with third parties for their own direct marketing purposes without your consent. California residents under 18 years old, in certain circumstances, may request and obtain removal of personal information or content about you and posted on our Services. Please be mindful that this would not ensure complete removal of the content posted on our Services by you. To make any request pursuant to California privacy law, please contact us.

  1. YOUR CHOICES

We offer you certain choices in connection with our Services.

Access to your personal information

You have the right to request access to the personal information that we collect, use, and disclose about you. You also have the right to not receive discriminatory treatment for exercising your access right. To submit a request or designate an authorized agent to make a request, please contact us.

Deleting your personal information

You have the right to request that we delete your personal information, subject to some exceptions. Once we have received and confirmed your request, we will delete (and direct our partners and service providers to delete) your personal information, unless an exception under applicable law applies. You have the right to not receive discriminatory treatment for exercising your deletion right. To submit a request or designate an authorized agent to make a request, please contact us.

Updating / correcting your personal information

The accuracy of the personal information we have about you is very important. You have the right to update or correct your personal information. You also have the right to not receive discriminatory treatment for exercising your correction right. To submit a request or designate an authorized agent to make a request, please contact us.

Push Notifications

If you have our app installed on your device, we or are signed into your account may send push notifications or alerts to your device. At any time, you can manage your push notification preferences or deactivate these notifications by turning off the notification settings in settings of your device.

Email Communications / Direct Marketing

You may have the opportunity to receive certain communications from us related to our Services. If you provide us with your e-mail address in order to receive communications, you can opt-out of marketing emails at any time by following the instructions at the bottom of our emails and adjusting your email preferences. Please note that certain emails may be necessary for the operation of our Services. You will continue to receive these necessary emails, if lawful and appropriate, even if you unsubscribe from our optional marketing communications.

Cookies/ Beacons

If you wish to minimize information collected by cookie or beacon, you can adjust the settings of your device or browser. You can also set your device or browser to automatically reject any cookies. You may also be able to install plug-ins and add-ins that serve similar functions. However, please be aware that some Services may not work properly. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. For more information about how our Services use cookies, please see our Cookie Notice.

Network Advertising Initiative

Certain websites you visit may provide options regarding advertisements you receive. If you wish to minimize the amount of targeted advertising you receive, you can opt-out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt-Out Page. Please note that even if you choose to remove your personal information (opt-out) you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you. For more information or to opt-out of certain online behavioral advertising, please visit http://www.aboutads.info.

Additionally, many advertising network programs allow you to view and manage the interest categories that they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

Do Not Track

Some devices and browsers support a “Do Not Track” (or, DNT) feature, a privacy preference that you can set in certain web browsers, which is intended to be a signal to websites and services that you do not wish to be tracked across different websites or online services you visit.

Please note that we cannot control how third party websites or online services you visit through our website respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.

  1. THIRD PARTY WEBSITES AND APPS

The Services may contain links to other websites or apps operated by third parties. Please be advised that the practices described in this Privacy Notice do not apply to information gathered through these third party websites and apps. We have no control over, and are not responsible for, the actions and privacy policies of third parties and other websites and apps.

  1. EUROPE / UNITED KINGDOM

This section only applies if you are a resident of a member state of the European Union (EU), the United Kingdom, or the European Economic Area.

If you have questions or concerns regarding the use of your personal information, please contact us.

International Transfers

In addition, the personal information we collect from you may be transferred to and stored by, IT vendors who operate on our behalf. We also transfer information to a number of providers of business applications – such as CRM and marketing applications – as well marketing service providers. These providers are primarily located in the United States.

Adequacy of data protection is ensured by standard data protection clauses (including any additional safeguards as required by EU / UK data protection laws) we have in place with that third party. A copy may be requested via our Data Protection Officer.

Data Retention

We retain your personal data for as long as necessary for the purpose for which they were initially collected. The criteria we use to determine the retention period is as follows:

  • whether there are contractual or legal obligations that exist that require us to retain the information for a period of time;
  • whether there is an ongoing legal claim that relates to any business (or otherwise) relationship you have with us, or that is otherwise related to your relationship with us; and
  • whether any applicable law, statute, or regulation allows for a specific retention period.

Your Privacy Rights

You may have – in accordance with applicable EU / UK data protection laws – the following rights when it comes to our handling of your personal information:

  • Right of access – you may have the right to request a copy of the personal information we have about you and to request supporting information explaining how the personal information is used;
  • Right of rectification – you may have the right to request that we rectify inaccurate personal information about you;
  • Right of erasure – you may have the right to request that we erase personal information about you;
  • Right to restrict processing – in some situations, you may have the right to request that we do not use the personal information you have provided (for example, if you believe it to be inaccurate);
  • Right to data portability – you may have the right to receive your personal information in a structured, commonly used and machine-readable format and to transmit such information to another controller;
  • Right to withdraw consent – where we process your personal information based on consent (including direct marketing consents), you have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in case of a withdrawal we may continue to use your personal information as permitted or required by law; and
  • Right to object – where we are processing your personal information based on a legitimate interest (or those of a third party) you may challenge this. However, we may be entitled to continue processing your personal information based on our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.

If you would like to exercise any of these rights or in case you should have any concerns about how we process your personal information, please contact us using the information below.

Data Protection Officer Contact Information

You may contact our Data Protection Officer with any issues or questions you have regarding our processing of personal information.

EMAIL – contact@tenspot.com

POSTAL ADDRESS –   Ten Spot

228 Park Ave S

PMB 72566

New York, NY 10003

  1. CONTACT US

We welcome questions, comments, and feedback on this Privacy Notice and our management of personal information. If you have questions, concerns, or feedback, you can always contact us in the following ways. For your protection, we may need to verify your identity before assisting with your request, such as verifying that the information used to contact us matches the information that we have on file.

Emailcontact@tenspot.com
Phone(833) 212-1010
MailTen Spot

228 Park Ave S

PMB 72566

New York, NY 10003

 

 

 

California Appendix

To learn more about the categories of personal information we collect, how we collect it, why it is collected, with whom we share the information, and how long we retain it, please see the chart below.

CategoryWhat we collectHow we collect itWhy we collect itWith whom we share itHow long we retain it
IdentifiersName, mailing address, email address, phone number, and other contact information.

For more information please see the Types of Information We Collect section above.

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))Name, mailing address, email address, phone number, and contact information.

For more information please see the Types of Information We Collect section above.

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Protected classification characteristics under California or federal lawAge and gender.

For more information please see the Types of Information We Collect section above.

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Commercial informationTransactional information such as the products or services purchased.

For more information please see the Types of Information We Collect section above.

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Biometric informationWearable device information, including steps, sleep data, and calories burned.

For more information please see the Types of Information We Collect section above.

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Internet or other similar network activityIP address, browser type and version, browser plug-in types and versions, operating system and platform, device type and device identifiers

For more information please see the Types of Information We Collect section above.

Collected online when you directly provide it to us, through your use of our Services, or from third parties.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Geolocation dataCollected via IP address.

For more information please see the Types of Information We Collect section above.

Collected online when you directly provide it to us, through your use of our products.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Sensory dataNot collectedN/AN/AN/AN/A
Professional or employment-related informationPlace of employment and position.

For more information please see the Types of Information We Collect section above.

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

We also collect this information if you apply for a position with our organization or, if you are an employee, when you provide it to us in order to manage your employment relationship.

We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Non-public education informationEducation history.

For more information please see the Types of Information We Collect section above.

Collected online or offline when you apply for a position with our organization or, if you are an employee, when you provide it to us in order to manage your employment relationship.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Inferences drawn from other personal informationInformation generated from your use of our Services reflecting your preferencesCollected online or offline when you directly provide it to us, through your use of our Services, or from third parties.We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above
Sensitive personal informationGeolocation information and biometric information.

If you are a job applicant or employee, we may collect your financial information, Social Security number, and race or ethnicity.

Collected online or offline when you directly provide it to us, through your use of our Services, or from third parties.

If you are a job applicant or employee, this information is collected online or offline when you apply for a position or, if you are an employee, when you provide it to us in order to manage your employment relationship.

We collect this information for the purposes listed in the How We Use Information section above.Shared with our affiliates, partners, vendors, and service providers as described in the How We Share Information section above.We retain information for as long as necessary for the purpose for which it was initially collected, including the purposes listed in the How We Use Information section above