WHO is Responsible for Processing Your Personal Data?
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 Platform.
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);
- fitness activity data provided by you or generated through our Platform (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 Platform. 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 Platform 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 WELL or your communications with us.
When interacting with our Platforms, 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 Platform.
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 Platform, 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 Platform or using the standard permissions available on your device.
In many cases, your web browser or mobile device platform 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 Platform and the Services You Request
When you use our Platform, we will use your personal data to provide the requested product or service. For example, if you make a purchase on welljumprope.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 Platform 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 Platform. 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 Platform.
In many cases, to use particular features within our Platform you may need to provide WELL 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 Platform, 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 WELL (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 WELL 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 WELL products or services - such as your use of Wells’s Platform, your visits to or purchases made in Well stores, your participation in Well events and contests - 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 Platform 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 Platform.
To Protect Our or Others' Rights, Property or Safety
For General Research and Analysis Purposes
We use data about how our visitors use our Platform to understand customer behavior or preferences. For example, we may use information about how visitors to welljumprope.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, Well collects data about your fitness activity or your physical characteristics, together, “Workout Info”, to provide certain services on our Platform. 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 Well’s internal policies, will obtain your consent for use of your 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
Well shares your personal data with:
- Well 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 Well’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 our Platform, 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 Well activity. We encourage you to use the tools we provide for managing Well’s social sharing to control what information you make available through Well’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 well 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 our Platform 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 Platform, 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 well account, you can opt-out of receiving well’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.
USING the Well Platform with Third-Party Products and Services
Our Platform allows you to interact with a wide variety of other digital products and services. For example, our Platform can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services.
If you choose to connect your Well 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 Well activity on third-party social media platforms, the policies of those platforms govern the data that resides there.
Our Platform 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
You may also contact Consumer Services Privacy Office at: Privacy Office, Avenida M40 19 bajo 3 Alcorcon 28925 Madrid or send us an email at email@example.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.
IMPORTANT NOTICE FOR AMATEUR ATHLETES
YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. Well IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Well is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.
All orders placed through the Platform are subject to Well's acceptance. This means that WELL may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, WELL will issue you a refund.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your WELL account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. WELL is not responsible for any loss damage or expense that results from the unauthorized use of your username/password, with or without your knowledge.
USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by WELL.
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose WELL or its users to any harm or liability of any type.
BE RELEVANT AND CONSTRUCTIVE.
Stay on topic and post only constructive comments and questions.
BE COURTEOUS AND APPROPRIATE.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in WELL's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.
Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications.
Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.
The Platform is not to be used for your own domestic personal purpose and not, under any circumstances, for any commercial or business or resale purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.
Do not impersonate any person or entity, including without limitation athletes or WELL employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one WELL account, register a WELL account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software. Do not act fraudulently or maliciously by, for example, hacking into or inserting malicious code or harmful data into the Platform or any operating system. Do not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Platform.
GENERAL RULES FOR USER GENERATED CONTENT
CONTENT IS NOT PRESCREENED
WELL does not prescreen User Generated Content. WELL does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. WELL is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event WELL chooses to monitor any User Generated Content, WELL assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.
WELL reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
ELIGIBILITY AND REGISTRATION
WELL'S RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. By posting User Generated Content on the Platform, you grant, and warrant that you have the right to grant, to well a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. If you do not wish User Generated Content submitted by you to be displayed on the Platform, you should delete it, but you accept that your content may remain in backups and in other user’s versions of the Platform.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Well legally sufficient notice to WELL of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
Avenida M40 19 bajo 3 Alcorcon 28925
We suggest that you consult your legal advisor before filing a notice with Well's copyright agent, because there may be penalties for false claims.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using WELL's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person. There may be updates to the Platform and you are responsible for installing any updates. You may not be able to access or use the Platform unless you install relevant updates. Depending on your mobile phone and/or mobile device tariff and your provider, you may incur data charges from your provider for using certain features of the Platform on a mobile device. You are responsible for all data charges.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. WELL is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. WELL is under no obligation to become involved with any user dispute, but may do so at its own discretion.
WARRANTY DISCLAIMER WELL is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, WELL disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. WELL cannot guarantee and does not promise any specific results from use of the Platform. WELL does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, WELL does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content solely at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. WELL reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice.
LIMITATION OF LIABILITY
By using the Platform, you agree to receive certain electronic communications from WELL. You agree that any notice, agreement, disclosure or other communication that WELL sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
GOVERNING LAW AND JURISDICTION
EVENTS OUTSIDE OUR CONTROL