Netpulse Privacy Policy

This Privacy Policy applies to all of the products, services and websites offered by Netpulse Inc. (“Netpulse,” the “Company”,”we,” and “us,” which terms shall include affiliates of Netpulse, Inc.). Please see also the Netpulse Terms of Service. Capitalized terms not otherwise defined in this Privacy Policy shall have the meaning set forth in the Terms of Service.

Information we collect and how we use it

You may use some of the Netpulse Services without registration or providing any personal information to Netpulse. In order to provide the full personalized range of Netpulse Services, we may collect the following types of information:

• Information you provide – When you sign up for a Netpulse account or other Netpulse Service that requires registration, we may ask you for personal information (such as your name, gender, age, weight, height, other activity and physical data, email address, phone number) and an account password. We may combine the information you submit under your account with information provided through other Netpulse Services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
• Cookies – When you visit the Site or use the Netpulse Services, we send one or more cookies – a small file containing a string of characters – to the device or other device that uniquely identifies you. We use cookies to improve the quality of the Netpulse Services, including for storing user preferences, and tracking user trends, such as how people use the product. Netpulse also uses cookies in its advertising services to help advertisers and publishers serve and manage ads across the Netpulse Network.
• Log information – When you access Netpulse Services, information generated during your session will be automatically recorded and stored on the Company’s servers. These server logs may include information such as the webpages you visit, the content you access, the length and intensity of a workout tand the date and time of your request.
• Location data – The Company offers location-enabled services. If you use those services, Netpule may receive information about your actual location (such as the facility where you are working out and accessing the Netpulse Services).
• Links – We may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our technology, customized content and advertising.
• Other sites – This Privacy Policy applies to Netpulse Services only. We do not exercise control over the sites displayed or linked to through the Netpulse Network or Netpulse Services. These other sites may place collect data or solicit personal information from you.

The Company only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific Netpulse Services. In addition to the above, such purposes include:

• The display of customized content and advertising;
• Auditing, research and analysis in order to maintain, protect and improve the Netpulse Services and the use of exercise equipment;
• Ensuring the technical functioning of the Netpulse Network;
• Protecting the rights and property of Netpulse or our users; and
• Developing new services.

You acknowledge that in using the Netpulse Services you will be causing your personal information to be processed through Netpulse’s computer networks, portions of which are located in California and other locations in the United States and portions of which may be located abroad. As a result, we process personal information on a server outside your own state/country. We may process personal information to provide the Netpulse Services, and also on behalf of and according to the instructions of a third party, such as our advertising partners and third-party content providers.

Choices for personal information

When you sign up for a particular service that requires registration, we ask you to provide personal information. You can decline to submit personal information to any of the Netpulse Services, in which case Netpulse may not be able to provide those services to you. As appropriate, we will offer you a way to opt out of the use of personal information for purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent. “Sensitive personal information” includes information we know to be related to confidential medical information, racial or ethnic origins, marital status and tied to personal information.

Information sharing

Netpulse may share your personal information with other companies or individuals outside of Netpulse in the following circumstances:

• We have your consent.
• We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. These parties are subject to appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Netpulse, its users or the public as required or permitted by law.

In addition, we use companies (Google (www.google.com), and Yahoo! (www.yahoo.com) and potentially others) to serve the advertisements on some of our pages. These companies and advertisers may place and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not ours. We may use your information or allow advertisers or companies that serve advertisements access to your information to determine which advertisements you will see. This information may include your demographic information, geographic location, what content you access on our site, how you rate various content, language contained in your comments and other information.

If Netpulse becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, your personal information may be transferred in connection with such transaction, in which case we will use commercially reasonable efforts to ensure the confidentiality of any personal information involved in such transactions and provide notice when your personal information becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who viewed particular content, or the duration and intensity of a workout, for example. Such information does not identify you individually.

Please contact us as provided below for any additional questions about the management or use of personal data.

Information security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Netpulse employees, contractors, agents and third parties who need to know that information in order to operate, develop or improve our services. These individuals are bound by appropriate confidentiality obligations.

Accessing and updating personal information

When you use the Netpulse Services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time, and you should review it periodically.

Questions

Please feel free to direct any questions or concerns regarding this Privacy Policy or Netpulse’s treatment of personal information by contacting us through the Site or by writing to us at

Privacy Matters
c/o Netpulse
2331 Third Street
San Francisco, California, 94107