WORKRATE PRIVACY POLICY
FOR MOBILE APPLICATION
This Privacy Policy for Mobile Application, together with the documents referenced herein (collectively the "Terms"), apply to the mobile user application named WorkRate Performance App (the "Mobile App" or “App”).
WorkRate, Inc. (the “Company,” “We,” “Our,” or “Us”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our mobile application, the WorkRate Performance App. We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted. This Privacy Policy does not apply to the third-party online/mobile store from which you install the Mobile App, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.
I. TERMS
For purposes of this Agreement, “Mobile App” refers to the Company’s mobile user application, WorkRate Performance App, which can be accessed at www.workrate.fit (the “Site”) or in local mobile application stores. Initially, the Mobile App will be invitation-only until it is fully released to the public.
“Service” refers to the Company’s services accessed via the Mobile App, in which users can use the algorithmic physical preparation protocols and platform for individuals to manage their data and physical activity.
The terms “we,” “us,” and “our” refer to the Company.
“You” refers to you, as a user of our Mobile App.
By downloading, installing, accessing, browsing, or using our Mobile App, you accept our Privacy Policy and Terms and Conditions, and you consent to our collection, storage, use, and disclosure of your Personal Information as described in this Agreement, which binds you legally. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE MOBILE APP.
II. INTRODUCTION
WorkRate, Inc. is a sports tech company developing algorithmic protocols to help athletes reduce the likelihood of injury and to boost athletic performance. The WorkRate Performance App collects biomechanical data through user inputs to provide highly individualized corrective exercises. Additionally, the app analyzes body metrics inputted by the user to provide evidence-based recommendations. The goal is to provide cutting-edge sports science to the world of sport in a scalable format. Through the analysis of user biomechanical input, the Company hopes to reduce the likelihood of injury and boost athletic performance. The App will deliver algorithmic physical preparation protocols and provide a platform for you to manage your data and physical activity.
III. INFORMATION WE COLLECT
a. Non-Personal and Personal Information
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit, and preferences that are generated based on the data you submit and the number of clicks. Personal Information includes your first and last name, email address, height, weight, date of birth, range of motion, exercise capacity data, and profile photograph, which you submit to us through the registration process on the Mobile App.
b. Information Collected via Technology
To activate the Service you do not need to submit any Personal Information other than your email address. To use the Service thereafter, you may need to submit further Personal Information. We plan to implement the use of a heart monitor and AR/3D technology. In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you.
c. Information You Provide Us
In addition to the information provided automatically by your browser when you visit the Mobile App, to become a subscriber to the Service you will need to create a personal profile. You can create a profile by registering with the Service and entering your email address, creating a user name, and a password. We will also collect the following data: your first and last name, height, weight, and date of birth. By registering, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy.
d. Children’s Privacy
The Mobile App and the Service are not directed to anyone under the age of 13. The App does not knowingly collect or solicit information from anyone under the age of 13, or allow anyone under the age of 13 to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information within 90 days. If you believe we have collected such information, please contact us at hello@workrate.fit.
When we intend to collect personal information from children over the age of 13, we take additional steps to protect children's privacy, including, but not limited to: (a) notifying parents about our information collection practices, including the types of personal information we may collect, the uses to which we may put that information, and whether and with whom we may share that information, which is the same notification process as is provided herein; (b) in accordance with applicable law, and our practices, obtaining written consent from parents for the collection of personal information from their children, or for sending information about our services to their children; (c) limiting our collection of personal information from children to no more than is reasonably necessary to participate in any given activity or service; (d) giving parents access or the ability to request access to the personal information we have collected from their children and the ability to request that the personal information be changed or deleted within 90 days. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
IV. HOW WE COLLECT, USE, AND SHARE INFORMATION
a. Personal Information
When we use your personal information, it will be (a) with your consent, or (b) for one of two basic purposes: (1) to operate our business and provide (including improving and personalizing) the services we offer, and (2) to send communications, including promotional communications. We use your information to provide and improve the services we offer and perform essential business operations. This includes operating the App, maintaining and improving the performance of the App, developing new features, conducting research, and providing customer support. If your consent is the basis for our use of your personal information, then you have the right to withdraw your consent at any time. If you wish to withdraw consent, please email us in accordance with the “Contact Us” section.
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes your Personal Information with third parties without your consent. We share Personal Information with affiliates and vendors performing services for the Company, such as the servers for our email communications who are provided access to the user’s email addresses for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy. We will inquire with and request all vendors and affiliates to be GDPR compliant. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.
We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.
b. Non-Personal Information
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the App. This Privacy Policy does not limit our use or disclosure of Non-Personal Information. We reserve the right to use and disclose such Non-Personal Information to our partners, advertisers, and other third parties at our discretion.
Please be advised that if you post comments, contributions, or other content to the App, all users may view your posts and the same may be publicly distributed outside the App in perpetuity. If there is a specific comment, contribution, or other content you wish to be deleted, please send Us a written request and the same will be deleted within 90 days.
In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the App so that you may opt-out of the new information practices. We suggest that you check the App periodically if you are concerned about how your information is used.
c. Other Uses of Personal Information
In addition to the uses described herein, we may collect and use Personal Information for the following general purposes:
A. Create and manage your account;
B. Compile anonymous statistical data for scientific analysis and improvement of Our Services;
C. Email you regarding your account or order;
D. Enable user-to-user communications;
E. Increase the efficiency and operation of the App;
F. Request feedback and contact you about your use of the App;
G. Resolve disputes and provide technical or administrative support;
H. Solicit support for the App;
I. Administer sweepstakes, promotions, and contests;
J. Fulfil and manage purchases, orders, payments, refunds, and other transactions related to the App;
K. Monitor and analyze usage and trends to improve your experience with the App and monitor your performance to help you meet your fitness goals;
L. Personalize and monitor your user experience and performance;
M. Notify you of updates to the App and/or send you a newsletter;
N. Offer new products, services, mobile applications, and/or recommendations to you;
O. Respond to product and customer service requests;
P. Conduct, manage, and grow our organization;
Q. Analyze, research, develop, maintain, improve, operate, and investigate the use of our Services; and
R. Anonymized publication.
d. Storing Personal Information
Personal Information that is collected will be encrypted and stored using the Glide App, Airtable, Ninox, and/or Firebase. We use SSL or HTTPS for external communications. When externally communicating your personal information of any kind, that data will be fully encrypted. You may submit a written request for further information or erasure of all your personal data upon termination of use of the App by sending an email to hello@workrate.fit.
e. Membership and Payment Processors
If You register for a WorkRate Performance account (the “Membership”) or subscribe to any of our Services, we will collect your contact, registration, and billing information, including your name, age, payment information if applicable, physical address, email address, username, password, and basic information about your fitness lifestyle and goals. Initially, the App will be offered for use as a Beta tester and paid Membership. Monthly and annual automatic renewals will be optional.
When you make purchases through the Services, we process your payments through a third-party application, such as an App Store or Stripe, or in the case of purchases through the website, via a third-party payment processor. In these instances, the third-party application may collect financial information from you to process your payment on our behalf, including your name, email address, address, payment card information, and other billing information. The use and storage of your financial information is governed by the third-party app’s terms, conditions, and privacy policies.
V. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls, and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by a breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks. If a data breach occurs that is known by the Company, we will inform you in writing of the same.
VI. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the following rights: (a) to review, change, or delete your personal information; (b) to object to direct marketing; (c) to ask about how we are processing your personal information; (d) to restrict our processing of your personal information; (e) to have a copy of your personal information; and (f) to transfer your personal information from us to another person or business.
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. You can also indicate that you do not wish to receive marketing communications from us on the App. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out of the App, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.
Should you wish to exercise any of your rights, or if you should have any questions concerning your rights, please contact us using the information in Contacting Us section. Please note that personal information will be deleted within 90 days of the initial request.
VII. LINKS TO OTHER WEBSITES
As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the App. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our App. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
VIII. INTERNATIONAL DATA TRANSFERS
Our App and services may be provided using resources and servers located in various countries around the world, including the U.S. and other countries. We expect that our third-party service providers will comply with the terms of the European Union’s General Data Protection Regulation (GDPR) and that any international data transfers be made under a recognized basis such as the US-EU Privacy Shield, EU Standard Contractual Clauses, and/or Binding Corporate Rules. If you wish to know more about international transfers for your personal data, you may contact us as specified below.
IX. CHANGES TO OUR PRIVACY POLICY
The Company reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our App. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the App and this privacy page for updates.
X. CONTACT US
If You have any questions regarding this Privacy Policy or the practices of this App, please contact us by sending an email to hello@workrate.fit.
Last Updated: This Privacy Policy was last updated on August 14, 2022.