PRIVACY POLICY.

1. INTRODUCTION

Thanks for choosing Freeplay. This is our Privacy Policy. Before getting into the details, we’d like to highlight some of the key principles behind it. These principles are important to us because we know they’re important to you.

The Privacy Policy is here to do three things:

   1. Explain the way we use information that you share with us in order to build a great product and give you a great experience with it;

   2. Ensure that you understand what information we collect with your permission, and what we do — and do not do — with it;

   3. Hold us accountable for protecting your rights and your privacy under this policy.

All the information we collect is related to providing the Freeplay service and its features. Broadly speaking, there are two categories of information we collect: 1) information that we must have in order for you to use Freeplay; and 2) information that we can use to provide additional features and improved experiences if you choose to share that information.

The first category includes:

  • Registration information, including your name, birth date, address, and other information you provide when you sign up for Freeplay.

  • Broad, non-specific location, which we derive from your IP address. Our licenses to bring fitness class options to you are location-specific, so we need to know what country you’re in. This also enables us to make suggestions to gyms and studios based on your general location.

  • The gyms and studios you visit, the classes you attend, and your interactions with the Service. This allows us to make recommendations to you and suggest relevant content. You can choose whether or not to share this information with your friends, or the public.

  • Technical and sensor information necessary to operate Freeplay. This includes the type of browser and device you use, data from the touchscreen, and information from your device’s accelerometer and gyroscope sensors. This enables you to control Freeplay.

  • Your specific location. We use your location to help you find gyms and studios, make your class check-in effortless, and provide suggestions on other places you might be interested in. We will never gather or use your location information without first getting your explicit permission.

The second category includes information that enables us to offer you additional features. We never receive any of the following information unless you expressly choose to share it with us. It’s as simple as that. Here are some examples:

  • Your photos: We will only access images that you specifically choose, and we will never scan or import your photo library or camera roll. This allows you to choose individual pictures to change your profile picture. You can stop sharing photos and revoke access at any time.

  • Your contacts: We will never scan or import your contacts unless you grant us explicit permission. If you choose to do so, we will only use your contact information to help you find friends or contacts who use Freeplay.

  • Your calendar: We will never access your calendar without your explicit permission. We will only access your calendar to help add classes or appointments to your schedule. We will never scan or import your calendar or any event on your calendar. You can stop allowing calendar access at any time.

The distinction between these two categories is important. Information in the first category is information you must provide in order to use Freeplay. When you agree to our Privacy Policy, you give us the right to collect this information and use it for the purposes described.

Information in the second category is information we will only collect if you explicitly give us permission to do so in the future. For this second category of information, we will ask for your permission before first accessing it, we will describe how we will use it if you give us permission, we will only use the information for the purpose we described, and you will always have the ability to change your mind and revoke that permission. Acceptance of our Privacy Policy does not mean you have granted us permission to access or use information in the second category; we’re just explaining to you that one day we might ask you for that permission.

We will be clear with you about how and when we might share information.
In some contexts, we will share certain information. For example, like most services, if you sign up for Freeplay through a third party like Facebook or a mobile provider, we share some information with them and they share some information with us in order to enable your account. And we also share de-identified information with our fitness industry partners to help them understand how the classes and fitness opportunities they provide our customers are performing, and with marketing partners who help us with promotional efforts.

There also may be times when you want us to share information. For example, when you make playlists, you might want those playlists to be visible to your friends… and you might not. Similarly, you can ask us to share information (like your email address) with gyms or studios, or other partners who may want to directly send you news or promotional offers, but you can also revoke that permission at any time.

We hope this helps you to understand our privacy commitments to you. Now, the details await you below, but please remember that this Introduction is part of the Privacy Policy itself — it’s our promise to you. If you ever have any questions or concerns, then please let us know at privacy@freeplay-app.com.

Throughout this Privacy Policy we refer to the Freeplay Service or the Service. These terms are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”).

2. KEY HIGHLIGHTS OF WHAT YOU'RE CONSENTING TO

By using or interacting with the Service, you are consenting to:

  • the use of cookies and other technologies;

  • the transfer of your information outside of the country where you live;

  • the collection, use, sharing, and other processing of your information, including for advertising-related purposes (as described in the rest of this Privacy Policy); and

  • the public availability of your information and the controls over such information as described in Sharing information.

In each case, you consent to the processing of data by the entities described in this Privacy Policy, including the Freeplay entity, as data controller, indicated at the bottom of this document (collectively, “Freeplay”, “we”, “us”, “our”). In the Your Preferences section, we describe the controls and relevant settings associated with your Freeplay account. If you don't agree with the terms of this Privacy Policy, then please don't use the Service.

3. THE INFORMATION WE COLLECT

We may collect and store the following information—

3.1 Registration data

When you sign up for the Service, we may ask you for information such as your username, password, email address, date of birth, gender, address, postal code, and country. If you connect to the Service using credentials from a Third Party Application (e.g., Facebook), you authorize us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.
You may also choose to voluntarily add other information to your profile, such as your mobile phone number and mobile service provider.

3.2 Usage, log data & cookies

When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This information may include:

  • information about your type of subscription and your interactions with the Service, such as interactions with gyms and studios, playlists, other content, other Freeplay users, Third Party Applications, and advertising, products, and services which are offered, linked to, or made available on or through the Service;

  • the details of the queries you make and the date and time of your request;

  • user content you post to the Service including messages you send and/or receive via the Service;

  • technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Freeplay Service, unique device ID, device attributes, network connection type (e.g., WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Freeplay application version.

  • motion-generated or orientation-generated mobile sensor data (e.g., accelerometer or gyroscope).

You may integrate your Freeplay account with Third Party Applications. If you do, we may receive similar information related to your interactions with the Service on the Third Party Application, as well as information about your publicly available activity on the Third Party Application. This includes, for example, your “Like”s and posts on Facebook. We may use cookies and other technologies to collect this information; you can learn more about such use in the section Information about cookies and other technologies of this Privacy Policy.

3.3 Your mobile device

We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your Freeplay experience but are not required to use the Service. (In other words, information that falls in the second category described in the Introduction to this Policy.) For example, we might allow you to upload photos to your profile, connect with friends, or let you add classes to your calendar. Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission. If you provide such permission, we will collect the information for the specific purposes explained at the time we ask for your permission. You do not have to give us such permission in order to use Freeplay, and acceptance of this Privacy Policy does not mean you have granted us permission to access this information.

3.4 Payment data

If you sign up for a Trial, purchase any of our Paid Subscriptions, or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and certain digits of your card number.

If you choose to pay by invoice, Freeplay may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices, to enable credit checks and to send you invoices.

BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY AUTHORIZE FREEPLAY TO USE AND SHARE WITH OTHER COMPANIES IN THE FREEPLAY GROUP, AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL DATA AS THE COUNTRY OF YOUR RESIDENCE), THE INFORMATION PROVIDED BY YOU TO FREEPLAY, EVEN IF SUCH INFORMATION IS COVERED BY LOCAL BANKING SECRECY LAWS. YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING SUCH INFORMATION FOR THE PROVISION OF THE FREEPLAY SERVICE AND ALSO AGREE THAT, BY ACCEPTING THIS PRIVACY POLICY, WHERE APPLICABLE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER SUCH BANK SECRECY LAWS WITH REGARD TO FREEPLAY, ANY COMPANY IN THE FREEPLAY GROUP, AND ANY TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE. THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH FREEPLAY.

3.5 Sweepstakes, contests & surveys

From time to time, we may offer you the opportunity to participate in promotions such as sweepstakes, contests, offers, and/or surveys (“Special Promotions”) through the Service. A Special Promotion may be governed by a privacy policy and/or terms and conditions that are additional to, or separate from, this Privacy Policy and the Terms and Conditions of Use. If the provisions of the Special Promotion’s privacy policy or terms and conditions conflict with this Privacy Policy or the Terms and Conditions of Use, those additional or separate provisions shall prevail. If you participate in a Special Promotion, we may ask you for certain information in addition to what is stated in this Privacy Policy, including personal information. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy.

3.6 Freeplay service providers and partners

We may also receive information about you from our service providers and partners, which we use to personalize your Freeplay experience, to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you. We also use this information as explained in the section How we use the information we collect below.

4. HOW WE USE THE INFORMATION WE COLLECT

Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:

  • to provide, personalize, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the Service;

  • to ensure technical functionality of the Service, develop new products and services, and analyze your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;

  • to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive;

  • to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your Freeplay account settings);

  • to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for Freeplay’s services;

  • to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;

  • to process your payment or prevent or detect fraud;

  • to enforce this Privacy Policy, the Terms and Conditions of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of Freeplay, its users, or any other person, or the copyright-protected content of the Service;

  • to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other Freeplay users; and

  • as otherwise stated in this Privacy Policy.

5. SHARING INFORMATION

This section describes how the information collected or generated through your use of the Freeplay service may be shared by you or by us.

5.1 Sharing by you

5.1.1 Generally

The Freeplay Service is a social service that offers many ways to find, enjoy, and share classes and gyms or studios. We encourage you to take advantage of these social features with others on the Service.

Your name and/or username, profile picture, who you follow, who follows you, and your Freeplay user profile will always be publicly available.

Playlists created or followed, your activity on the Service (e.g., what classes you visit, classes you share), recently visited gyms or studios, your playlist, and user content you post, upload, and/or contribute to the Service are made publicly available by default. Your activity on the Service will automatically appear on the Service and will, for example, be accessible by users who follow you or view your Freeplay profile. If you create a playlist, the playlist will be publicly displayed by default, which means that it will also be displayed publicly in third-party search engine results and may appear together with other public profile information, such as your picture and name and/or username.

Please remember that certain information is always publicly available, which means that it can be accessed by Third Party Applications through our APIs and developer tools. Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications.

We may use your public information to promote the Service and to help others find and follow you and/or your Freeplay activity, including through Facebook and other Third Party Applications. Your information may be used to notify others, including within the Service, via email, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined Freeplay or activity related to a Freeplay profile).

With your explicit permission, we may inform other users of your location. Likewise, with other Freeplay users’ explicit permission, we may inform you about their whereabouts. We may offer you the ability to share this information to create shared experiences.

5.1.2 Third Party Applications

If you connect your Freeplay account to a Third Party Application, Freeplay may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service.

If you log into a Third Party Application with your Freeplay account, that Third Party Application may have access to certain information such as your playlists, content saved, and activity. With your explicit permission, we may also share additional information such as your email address, subscription status, location, or birthdate with such Third Party Applications.

Freeplay also enables you to share a particular item of content or a playlist that you have created, on an individual basis, to Third Party Applications, other third party services, other Freeplay users, and others. Please note that if you share content to a Third Party Application or a third party service, it will be viewable by others within the Freeplay Service, regardless of your Freeplay account settings.
You understand and agree that a Third Party Application’s use of information collected from you (or as authorized by you) is governed by the Third Party Application’s privacy policies and your settings on the relevant service, and Freeplay’s use of such information is governed by this Privacy Policy and your Freeplay account settings.

5.2 Sharing by Freeplay

5.2.1 Marketing and advertising

We may share information with advertising partners in order to send you promotional communications about Freeplay or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. The information we share is in a de-identified format (for example, through the use of hashing) that does not personally identify you.

5.2.2 Service providers and others

We may from time to time share your information with service providers to perform functions and process user data and help provide our Services, consistent with this Privacy Policy. Where a third party processes user data on our behalf (e.g., a hosting service provider), it is subject to security and confidentiality obligations consistent with this Privacy Policy and applicable law. Where a third party processes user data on its own behalf, its processing is subject to its own Privacy Policy and applicable law.

5.2.3 Rights holders

The Freeplay service allows you to visit proprietary classes at gyms and studios that may possess specific intellectual rights on training techniques and procedures. Freeplay shares information with the rights holders that grant this access to Freeplay. The data that Freeplay shares is in a de-identified format that does not identify you directly, unless you opt in to the sharing of your personal information.

5.2.4 Certain Freeplay partners

If you access the Freeplay Service through an offer that you received or purchased from a third party such as your mobile network operator, we may also share information with that third party about your use of the Freeplay Service, such as whether and to what extent you have used the offer, activated a Freeplay account, or actively used the Service.

5.2.5 Other sharing

In addition to the above, we may also share your information with third parties for these limited purposes:

  • to allow a merger, acquisition, or sale of all or a portion of our assets;

  • to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of Freeplay, including to enforce the Terms of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues;

  • to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format;

  • to publish de-identified or aggregate information about the use of the Freeplay Service; and

  • to allow other companies in the Freeplay group to use your information as specified in this Privacy Policy.

6. TRANSFER TO OTHER COUNTRIES

Freeplay transfers, processes and stores information about our users on servers located in the USA. Accordingly, Freeplay may share your information with other companies in the Freeplay group in order to carry out the activities specified in this Privacy Policy. Freeplay may also subcontract processing to, or share your information with, third parties located in countries other than your home country. Your personal information may therefore be subject to privacy laws that are different from those in your country of residence.

7. LINKS

We may display advertisements from third parties and other content that links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.

8. SECURITY

We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the Freeplay Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.

9. CHILDREN

The Freeplay Service is not directed to children under the age of 13. (In some countries, stricter age limits may apply. See our Terms and Conditions of Use.) We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to Freeplay, please contact us at privacy@freeplay-app.com and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights.

10. ACCESSING AND UPDATING USER INFORMATION

You can view and amend much of the information we keep about you through your account and profile pages. If you have questions about your privacy on the Service, this privacy policy, or information we have about you, please contact us at privacy@freeplay-app.com. You can also contact our privacy representative by sending a letter to Freeplay, ATTN: Privacy Officer, 423 W Marie Way, Saratoga Springs, UT 84045; United States. We will respond to your request within a reasonable period of time upon verification of your identity in accordance with local laws. We recommend you include documents that prove your identity and a clear and precise description of the information which you request access to.

11. CHANGES TO THE PRIVACY POLICY

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Freeplay website (http://www.freeplay-app.com).

12. INFORMATION ABOUT COOKIES, OTHER TECHNOLOGIES, AND THIRD-PARTY DATA COLLECTION

This section describes use of cookies and other technologies.

12.1 What are cookies and other technologies?

A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices.

There are also technologies such as mobile device identifiers and SDK integrations to help companies recognize your device when you return to an app or otherwise use the a service.

12.2 How we use cookies and other technologies

We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We use the following types of cookies for the purposes explained in this chart:

Essential Operational
These cookies are necessary to allow us to operate the Freeplay Service as you have requested. For example, they let us recognize what type of subscriber you are and then provide you with services accordingly.

Performance / Analytics
We use these cookies to analyze how the Freeplay Service is accessed, is used, or is performing. We use this information to maintain, operate, and continually improve the Freeplay Service. We may also obtain information from our email newsletters, including whether you opened or forwarded a newsletter or clicked on any of its content. This information tells us about our newsletters' effectiveness and helps us ensure that we're delivering information that you find interesting.

Functional
These cookies let us operate certain functions of the Freeplay Service in line with the choices you make. These cookies mean that when you continue to use or come back to the Freeplay Service, we can provide you with our services as you have asked for them to be provided, such as knowing your username, remembering how you have customized our services, and reminding you of content you have enjoyed.

Targeting / advertising
We may use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness.

Third Party
We may allow our business partners to use cookies on or outside the Freeplay Service for the same purposes identified above, including collecting information about your online activities over time and across different websites. We may also use service providers acting on our behalf to use cookies for the purposes identified above.

Freeplay Ads
We may work with web publishers, advertising networks, and service providers to deliver Freeplay ads on other web sites and services. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and services and to regulate the advertisements you receive and measure their effectiveness.

We also use mobile device identifiers and the other technologies identified in Section 12.1 for the purposes articulated in this Privacy Policy, for example to recognise your device when you return to the Freeplay app or otherwise use the Freeplay Services.

12.3 Manage your cookie and other preferences

Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences.
Please note that if you choose to block cookies, doing so may impair the Freeplay Service or prevent certain elements of it from functioning.

There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals. We use the AdChoices Icon on our website, and it may also appear on certain targeted advertisements that we (or a service provider acting on our behalf) send to you based on information about your online activities. You may click on the AdChoices icon or visit aboutads.info to receive more information about the collection and use of information about your online activities for online behavioral advertising or to learn how to opt out of having your data used for online behavioral advertising by Digital Advertising Alliance (DAA) participating companies.

Canadian users can also visit youradchoices.ca. European users can also visit youronlinechoices.com to learn how to opt out of having their data used for online behavioral advertising by European Interactive Digital Advertising Alliance (EDAA) member companies.

Another available tool is the Network Advertising Initiative’s (NAI) Opt-Out Tool at networkadvertising.org/choices. This allows you to opt out from the use of information about your online activities for online behavioral advertising by NAI member companies.

On your mobile device, you may also have a “Limit Ad Tracking” setting (on iOS devices) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.

Please note that even if you opt out using the mechanisms above, you may still receive advertisements when using the Freeplay Service.
We work with advertising partners to serve advertisements on the Freeplay Service. One of the services we use to track activity related to the Service, e.g., by placing cookies, is Google Analytics by Google (Google, Inc. a company headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). We may use vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our websites, including Google Analytics for Display Advertising. Google provides tools to manage the collection and use of certain information by Google Analytics at tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings at google.com/settings/ads.

You hereby consent to the use of the cookies and other technologies described above.

12.4 More information

For more information about the use of cookies and how to block them, visit allaboutcookies.org, youronlinechoices.eu (Europe), or aboutads.info/choices (United States). If you have any questions or comments about our use of cookies, please contact us at privacy@freeplay-app.com.

Thank you for reading our Privacy Policy. We hope you enjoy Freeplay!

Data controller:
Freeplay App Inc.
423 W Marie Way
Saratoga Springs, UT 84045
United States