Your privacy is very important to us. Please read below to see how Upbeat handles information. Before you get to the details, here are a few of our fundamental privacy principles:

  • We aggregate and de-identify certain information about our members to use for research purposes.
  • We give you several ways to control the privacy of your personal information and are continuously working to enhance privacy options available to you.

Upbeat respects your privacy and shares your concern about the security of information you may submit to Upbeat’s websites and the related mobile applications and services (collectively, the “Services”). Our privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy settings and your rights in connection with the Services. Please also read the Terms & Conditions which sets out the terms governing the Services.

Upbeat is headquartered in London, UK and our Services are provided to you by The Behaviouralist LLC, who is also the controller of your personal data for the purposes of EU data protection law.

This policy was written in English. To the extent a translated version conflicts with the English version, the English version controls. Unless indicated otherwise, this Privacy Policy does not apply to third party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through the Services.

Questions or comments about this Privacy Policy may be submitted by mail to upbeat@thebehaviouralist.com.

We Collect, Use, Share and Otherwise Process Information

Upbeat relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including:

  • as necessary to provide the Services and fulfill our obligations pursuant to the Terms & Conditions. For example, we cannot provide the Services unless we collect and use your location information;
  • where you have consented to the processing, which you can revoke at any time. For example, you may consent to the processing of health-related information;
  • where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims;
  • to protect your vital interests, or those of others, such as in the case of emergencies; and
  • where necessary for the purposes of Upbeat’s or a third party’s legitimate interests, such as those of visitors, members or partners.
Our Legitimate Interests

We process your information in furtherance of our legitimate interests, including:

  • providing and improving the Services, including any personalized Services. We do so as it is necessary to pursue our legitimate interests of providing and developing innovative and tailored offerings to our members on a sustained basis;and
  • keeping the Services safe and secure. We do so as it is necessary to pursue the legitimate interests of Upbeat and its members in ensuring the Services are secure, and to protect against fraud, spam and abuse, etc.

Information Upbeat Collects

Upbeat collects information about you, including information that directly or indirectly identifies you, if you or your other members choose to share it with Upbeat. We receive information in a few different ways, including when you track, complete or upload activities using the Services. Upbeat also collects information about how you use the Services. There are also several opportunities for you to share information about yourself and your activities with Upbeat. For example:

  • We collect basic account information such as your name, email address, age, gender, username and password that helps secure and provide you with access to our Services.
  • Upbeat collects information from devices and apps you connect to Upbeat. For example, you may connect your Garmin watch or Apple Watch account to Upbeat and information from these devices and apps will be passed along to Upbeat.
  • Upbeat may collect or infer health information which may include information such as heart rate or other biometric information, such as power, cadence, height and weight or other indicators. Before you can upload health information to Upbeat or information from which Upbeat can infer health information, you must give your explicit consent to the processing of that health information by Upbeat. You can withdraw your consent to Upbeat processing your health information at any time.
  • We collect and process location information when you sign up for and use the Services. To record your run or ride and to provide you with your travel statistics and inclusion in the Service’s features (for example, the leaderboard for a route), it is necessary to collect and record the physical location of your device including, data such as speed and direction. We will make private any portion of your activity that starts or ends in areas that are detected as home or work. Processing of your location data is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
  • If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to Upbeat under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your Third-Party Account.
  • To help us to provide you with the best possible service, you can choose to provide us with your contact information so we can better respond to your support requests and comments.
  • We also obtain additional third party information about members from marketers, partners, researchers, and others. We may combine information that we collect from you with information obtained from other members, third parties and information derived from any other subscription, product, or service we provide. We may also collect information about you from other members such as when they give you kudos or comment about you.
  • We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information.
Cookies and Similar Technologies

When you visit the Services, a cookie will be stored on your computer. Generally, cookies and similar technologies work by assigning to your browser or device a unique number that has no meaning outside of Upbeat. Upbeat uses these technologies to personalize your experience and to assist in delivering content specific to your interests. Additionally, after you’ve entered your member ID and password during a session on the Services, Upbeat saves that information so you don’t have to re-enter it repeatedly during that session.

Most browsers automatically accept cookies. To manage the collection of information through cookies or other equivalent technology you can use the settings on your browser or mobile device. Upbeat is committed to providing you choices to manage your privacy and sharing. However, Upbeat does not recognize or respond to browser-initiated Do Not Track signals, as the internet industry has not fully developed Do Not Track standards, implementations and solutions. To learn more about Do Not Track signals, you can visit https://allaboutdnt.com. Not accepting cookies may make certain features of the Services unavailable to you. Upbeat may also use your IP address to identify you, to administer the Services and to assist in diagnosing problems with Upbeat’s servers.

Log Files

The Services use log files. Stored information includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc., may be linked to session IDs, athlete IDs and device identifiers.

How Upbeat Uses Information

Upbeat uses the information we collect and receive to administer and operate the Services and as otherwise described in this Privacy Policy. For example, we use your travel information to provide you with statistics and visualizations representing key data points like miles travels.

We also use your information to analyze, develop and improve the Services. We may also use your information to market the Services, credit or accept payments, provide support related to the Services, protect members and enforce our Terms & Conditions, promote safety, and communicate with you. Additionally, your information may be shared with third parties, as set forth below.

Upbeat may de-identify or aggregate the content you make available in connection with the Services, in ways that do not personally identify you. Examples of such aggregated information or statistical data include information about usage, demographics, mode of travel, and duration of commute. Upbeat may use, sell, license, and share this information with third parties for research, business or other purposes such as to improve public transportation, walking, running or riding in cites. Please contact upbeat@thebehaviouralist.com if you object to Upbeat using your information for these purposes.

We use your information to communicate with you about the Services, send you marketing communications (where you have agreed to receive such messages), or let you know about new features or updates to our Terms & Conditions. We also use your information to respond to you when you contact us. Upbeat will use your information to communicate with you, for example by sending you notifications.

How Information is Shared

Service Providers

We may share your information with third parties who provide services to Upbeat such as supporting and improving the Services, promoting the Services, processing payments, or fulfilling orders. These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf so that we or they may promote Upbeat or display information that may be relevant to your interests on the Services or other websites or services.

Affiliates and Acquirors of our Business or Assets

We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regard to your information. If Upbeat becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction.

Legal Requirements

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that disclosure is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms & Conditions or fraud or abuse of Upbeat or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

How We Protect Information

We take several measures to safeguard the collection, transmission and storage of the data we collect. Although we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we do not guarantee or warrant the security of the information you share with us and we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content. No system is 100% secure. The Services uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information and credit card numbers. Upbeat engages a company that is an industry leader in online security and Services verification to strengthen the security of Upbeat’s Services. The Services are registered with site identification authorities so that your browser can confirm Upbeat’s identity before any personally identifiable information is sent. In addition, Upbeat’s secure servers protect this information using advanced firewall technology.

To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at the Services. Please note that if you do not use a SSL-capable browser, you are at risk for having data intercepted.

Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid services identification information for the Services you are communicating with, or send information over an unsecured connection. Upbeat recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the services you are visiting (secure URLs begin with https:// rather than http://), along with the security symbol of your browser to help identify when you are communicating with a secure server. You can also view the details of the security certificate of the services to which you are connected. Please check the validity of any Services you connect to using secure communications.

Disclaimer

While Upbeat continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be absolutely secure, and Upbeat cannot ensure or warrant the security of any information you transmit to Upbeat. Transmitting personal information is done at your own risk.

Your Rights as an EU Citizen

If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:

  • Access and Porting

You can access much of your information by logging into your account. If you require additional access or if you are not a Upbeat member, contact us at upbeat@thebehaviouralist.com.

  • Rectify, Restrict, Limit, Delete

You can also rectify, restrict, limit or delete much of your information by logging into your account. If you are unable to do this, please contact us at upbeat@thebehaviouralist.com. Upbeat will generally respond to your request within 10-14 business days.

  • Object

Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.

  • Revoke consent

Where you have previously provided your consent, such as to permit us to process travel-related data about you, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent by contacting us at upbeat@thebehaviouralist.com.  In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.

  • Complain

Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.

 

Managing Your Settings

Privacy Settings

Upbeat offers several features and settings to help you manage your privacy and how you share your activities. Most privacy settings are located in your privacy settings page, but some are specific to individual activities or athletes. Upbeat provides you the option to make your activities private.

Adjust Notification and Email Preferences

Upbeat offers various ways to manage the notifications you receive. You can choose to stop receiving certain emails and notifications by indicating your preference by contacting us at upbeat@thebehaviouralist.com. You may also unsubscribe by following the instructions contained at the bottom of each type of email. Any administrative or service-related emails (an update to this Privacy Policy or the Terms & Conditions, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the Services you requested.

Updating Account Information

You may correct, amend or update profile or account information that is inaccurate at any time by adjusting that information in your account settings. If you need further assistance, please contact us at upbeat@thebehaviouralist.com. Upbeat will generally respond to your request within 7-10 business days.

Deleting Information and Accounts

You may request that your account is deleted by visiting your account page. Once deleted, your data, including your account, activities and place on leaderboards cannot be reinstated.

Retention of Information

We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until you ask us to delete it or your account is deleted whichever comes first. For example, where you withdraw your consent to Upbeat processing your travel-related information, Upbeat will delete all travel-related information you uploaded. Following the deletion of your account, it may take up to 30 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms & Conditions and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Information about you that is no longer necessary and relevant to provide our Services may be de-identified and aggregated with other non-personal data to provide insights which are commercially valuable to Upbeat, such as statistics of the use of the Services. For example, we may retain publicly available segments or routes and other depersonalized geolocation information to continue to improve the Services. This information will be de-associated with your name and other identifiers.

Privacy Policy Information

Upbeat reserves the right to modify this Privacy Policy at any time. Please review it occasionally. If Upbeat makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner and, if we make material changes, we will provide a prominent notice. If you object to any of the changes to this Privacy Policy, you should stop using the Services and delete your account.

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