Last revised and effective as of: Dec 20, 2018
What information about me is collected?
Is information submitted to the public areas of the Service private?
Does Gamify collect information from children under 13 years of age?
What does Gamify do with the information it collects?
When does Gamify disclose information to third parties?
Is the information collected through the Service secure?
Could my information be transferred to other countries?
For how long will my personally identifiable information be kept?
What choices do I have regarding my personally identifiable information?
Who do I contact if I have any privacy questions?
WHAT INFORMATION ABOUT ME IS COLLECTED?
Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information.
Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, e-mail address, social media handle, username, display name, IP address, password, age, gender, handedness, socioeconomic status and health information, including health history and family health history. Personally identifiable information amounts to ‘personal data’ for the purposes of and as defined in the GDPR. All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the GDPR (to the extent applicable).
Non-Personally Identifiable Information.
Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including demographic information (such as age, profession, gender, current general location, zip code, birth date, or year of birth), browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences).
We may collect, analyze and anonymize data, statistics or other information obtained through the provision, use and performance of various aspects of the Service and aggregate such data, statistics or other information (collectively, “Anonymized Data”). Please note that Anonymized Data is not personally identifiable information and we may use or disclose such Anonymized Data for any lawful business purpose without your consent. We will not re-identify, or attempt to re-identify, any of the Anonymized Data or otherwise link or associate Anonymized Data with any information relating to an identified or identifiable natural person.
We will collect personally identifiable information that you submit to us, including, with your permission, health tracking information collected through devices that support step or exercise tracking, including wearables. We may also receive personally identifiable information about you from third parties providing digital distribution platforms for our Service, as well as credit and debit card authorization and fraud screening services as part of your use of the Service.
Registering to Use the Service and in the Course of Using the Service.
You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, postal address, e-mail address, birth date and credit card and billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service.
We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot control or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, and Bing. If you mistakenly post personal information in a Public Area you can send us an e-mail to request that we remove it by contacting us at email@example.com. You should understand that in some cases, we may not be able to remove your information.
IS INFORMATION SUBMITTED TO THE PUBLIC AREAS OF THE SERVICE PRIVATE?
Is A Display Name Private?
No. A user’s display name is available to the public, including to all users, when information is posted or shared in the Public Areas of the Service. When prompted to create a display name, we advise users to use non-personally identifiable information – that is, to select a display name that is not similar to a user’s actual name – because such information can be publicly available to all users.
DOES GAMIFY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. We do not collect personally identifiable information directly from any person we actually know is under the age of 13.
WHAT DOES GAMIFY DO WITH THE INFORMATION IT COLLECTS?
We will only use your personally identifiable information to the extent that the law allows us to do so. Pursuant to the GDPR, legal bases for our processing your personally identifiable information may include (without limitation):
(a) where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;
(b) where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Service or otherwise); and/or
(c) where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing the Service and your interests or fundamental rights and freedoms do not override those legitimate interests.
We use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes, and, if you “opt in”, so that we can contact you about products and services that may be of interest to you.
We may use your information to send you a welcoming e-mail that may confirm your user name and password. If you opt in, we and third parties on our behalf may subsequently send you electronic newsletters, contact you about the Service, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send to you. You may also inform us by email to: firstname.lastname@example.org.
If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.
We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you.
We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.
WHEN DOES GAMIFY DISCLOSE INFORMATION TO THIRD PARTIES?
We may disclose your personally identifiable information, particularly your health information, to your physician, other healthcare provider, health insurance provider or other insurance payer, in each case as directed by you. Additionally, if you opt in, we may disclose your health data to third parties for the purpose of performing medical research.
Laws and Legal Rights.
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the EULA, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.
Third Parties Generally.
Sale of Business.
IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.
Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?
FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?
We will only retain your personally identifiable information for as long as necessary to fulfill the purposes for which we collected it.
To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.
WHAT CHOICES DO I HAVE REGARDING MY PERSONALLY IDENTIFIABLE INFORMATION?
Under certain circumstances and in compliance with the GDPR, you have the right to:
Request access to your personally identifiable information (commonly known as ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;
Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your personally identifiable information. This enables you to ask us to delete or remove your personally identifiable information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;
Object to processing of your personally identifiable information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;
Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of your personally identifiable information, for example, if you want us to establish its accuracy or the reason for processing it;
Request the transfer of your personally identifiable information to another party; and
Lodge a complaint with the relevant supervisory authority (as defined in the GDPR). If you have any complaints about the way we process your personally identifiable information, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.
If you want to review, verify, correct or request erasure of your personally identifiable information, object to the processing of your personally identifiable information, or request that we transfer a copy of your personally identifiable information to another party, please contact email@example.com.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.
Do Not Track
The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided below.
WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
By postal mail or courier:
Attn: Privacy Agent
P.O. Box 0194
West Newton, MA 02465