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Privacy Policy
Perspire, Inc.
Privacy Policy and Terms Consent
Effective: June 07, 2023
This Privacy Policy and Terms Consent (“Privacy Policy”) applies to all of our Sites, Software, Systems and/or Service Offerings (“Sites”).
Acknowledgment
Perspire, Inc. (“Company,” “we,” “us” or “our”) knows that you care how information is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy describes how we treat personal information. This includes on the websites where it is located. It also applies to our information collection and tracking practices, solicited for training, fitness instruction, social networking or other service administration, correspondence with us, and other data related to specific content, subscriptions, or use of our Software and/or Service Offerings. Any capitalized terms not defined in this Privacy Policy are defined in our General Terms and Conditions https://static.perspire.tv/terms-of-service.
If you need any assistance with our Sites, please contact Customer Service via email at support@perspire.tv.
PLEASE NOTE THAT THIS PRIVACY POLICY CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:
• OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS
• INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, VIRGINIA AND THE EUROPEAN UNION
BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AS IF YOU HAD SIGNED IT.
We collect information from and about you.
The information we learn from visitors and our customers helps us personalize and continually improve your experience. We receive and store any information you enter on the Site or give us in any other way. Types of information that you may submit and we may collect include:
Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your web browser accesses Company sites or advertisements. We may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.
Additional Information Regarding Device Identifiable Information. We may collect information that does not identify you personally, but is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating the Site. When you visit the Site to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Site, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site or the service and to gather broad demographic information for aggregate use.
We may also collect Device Identifiable Information through “cookies” or “web beacons” as explained below.
We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using the Site, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.
As stated above, we may also collect your location information, such as your zip code or the approximate geographic area provided by your internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.
We collect information from you directly. We collect information directly from you. We receive and store any information you enter on our Sites or give to us in any other way. For example, we collect information you choose to provide us when you sign up for our emails, calendar, fitness class or media offerings, or text alerts or other notifications when you use the Site and when you make purchases from us either online. We also collect information if you contact us. We collect information about you through the Sites and retail or subscription service related points of contact.
We collect information from you passively. On our platforms, which include our Sites, we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from affiliates, we may gather information passively on their platforms. Tools we use include browser “cookies”, “Pixels” and “Web Beacons”.
“Cookies” are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as on Company’s sites, personalized advertisements on other sites, and storage of items in your Orders or similar feature, or between visits. The ‘help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Site of its manufacturer. Because cookies allow you to take advantage of some of Company’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Orders or similar feature, proceed to Checkout, or use any Company products and services that require you to sign in.
“Pixels” “Web Beacons” (also known as web bugs, pixel tags or clear .gifs) are tiny graphics with a unique identifier that may be included on our services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our services, to monitor how many visitors view our services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages or in an e-mail.
Social media widgets such as the Facebook “like” button and Instagram “share” button or other interactive mini-programs may be on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.
In addition to other third-party data collection applications, we may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our services, and to develop website content. For more information about Google Analytics, please visit https://policies.google.com/technologies/partner-sites. You can opt out of Google’s collection and Processing of data generated by your use of the services by going to tools.google.com/dlpage/gaoptout.
Using Other Technologies. We may use cookies, web beacons, or other similar technologies to operate and provide you access to Site, applications, services, and tools, and using the technologies necessary to identify irregular site behavior, prevent fraudulent activity and improve security. Using these tools also allow you to make use of our functions such as shopping-carts, saved search, or similar functions. These tools allow us to assess the performance of the Sites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use the Sites, to determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve the Site content, applications, services, or tools. We have the ability to offer you enhanced functionality when accessing or using our Sites, services, applications, or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Sites.
Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third-party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our Sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
We get information about you from third parties. For example, contracts, representatives, affiliates, and social media platforms or plugins may also give us information about you. Affiliates or other business partners may also give us information. This might include information they gathered passively. We may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to http://www.aboutads.info/choices.
How We Use Your Information. Information about our customers is an important part of our business, and we are not in the business of selling it to others, thought it may be shared with others for the purpose of carrying out our Services. We share customer information only as described in this Privacy Policy.
· We use information to administer our Services. For example, we use information to assist with targeted fitness program suggestions, performance tracking, determining engagement, communications with you, and to evaluate content creators active on the Site.
· We use information to respond to your requests or questions. For example, we might use your information to respond to your questions on content related items, for customer feedback, etc.
· We use information to improve our products and services. We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.
· We use information to communicate with you. We may send you emails, calendar invites, telephone or written reminders, and regular text messages you have consented to receive, such as promotional messages and offerings messages.
· We use various tracking technologies. We, and other third parties we work with, use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web sites when you use this Web site or service. We may also have third parties that collect personal information this way. We do this for many reasons, including to engage in interest-based advertising, to understand the activities and behaviors of customers and platform users, to recognize new and past visitors to the Sites, to present more personalized content and offers, to improve the Site experience, optimize your customer experience, and provide site and service enhancements, to avoid repeatedly showing you the same advertisements or fitness offerings notifications, to serve customized advertising (whether on the Site or others you visit) and so we can better understand our audience, our customers, the Site visitors, and their respective interests. We work with third parties who provide us with certain web search services.
· We use information for security purposes. We may use information to protect our Company, our customers, and the Sites.
· We use information for marketing purposes. If you register with our Site or if you opt-in to receiving messages from us in any other way, we may send you information about special offers, new products, or new services. These might be third party offers or products we think you might find interesting. Depending on your choice we may send this type of information via email, text, call, push notifications in apps, or notifications by regular mail. We also use information to customize offers you receive. This includes using your purchase related history on affiliates or other third-party platforms.
· We utilize third-party service providers, and use your information to perform those functions. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders or delivering our services, delivering documents, correspondence, calendar invites and the like, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
· We use information to communicate with you about your account or our relationship. We may contact you about your profile, account or feedback. We might also contact you about this Privacy Policy or the Site Terms.
· We will share information if we think we have to in order to comply with the law or to protect ourselves. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
· We will share information with third parties who perform services on our behalf and affiliates. For example, we share information with vendors who send emails for us. We may also share information with companies that operate the Sites or run a promotion. We may also share the information with our subsidiaries and affiliates.
· We will share information with our business partners. This includes sharing for marketing or advertising or for purposes of running joint promotions. For example, we will share information with our affiliates to develop content, notify parties of deadlines or other developments, process orders or understand preferences, or we might share information that third parties can use to serve you with ads they think you will like. This could include sharing with our partners what ads you view, and those third parties may use information for their own marketing or advertising purposes.
· We may share information with any successor to all or part of our business. As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Company, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets
· We may share information for other reasons we may describe to you.
Your Choice to Opt-In or Opt-Out (Subject to Jurisdiction Specific Opt-In or Opt-Out Information Below)
You have the choice to opt-in to or opt-out from receiving certain emails or text messages to the email address or mobile number you provide to us at any time. Please see below for ways to opt-in or opt-out of receiving certain communication from us.
General Opt-In.
If you have opted-in to receiving messages from us, you expressly acknowledge consent to receiving such messages to the email, phone number, and address you have provided us, and that such messages may be from an automated system.
If you have opted-in to receive text messages we do not charge you for the text message, provided, however, that standard messaging and data rates will apply to each text message in accordance with your wireless plan and your carrier’s policies. We do not require you to agree to receive text messages as a condition of making any purchase.
If you need help with text messages text HELP to (302) 285-9399. Text messages may not be delivered to you due to factors beyond our control such as transmission range, your carrier’s policies, or your phone plan.
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, content, manufacturing and marketing products and services using such information.
General Opt Out
The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit https://static.perspire.tv/opt-out. Your opt-out is both browser and device specific.
You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Company features as My Profile, progress tracking, recommended fitness live streams, recommended fitness recordings and videos, recommended trainers, and other similar features.
To stop receiving our promotional emails, you may opt-out by one of the following methods:
· Selecting the “Unsubscribe” link in any promotional email.
· Visiting our unsubscribe page at https://static.perspire.tv/opt-out or logging into My Profile to change preferences (as applicable).
· Emailing us at support@perspire.tv.
To stop receiving our promotional texts, you may opt-out by one of the following methods:
· Replying STOP to any text message we send you
· Texting STOP at any time to (302) 285-9399 or call (302) 285-9399.
· Visiting our unsubscribe page at https://static.perspire.tv/opt-out or logging into My Profile to change preferences (as applicable).
· Emailing us at support@perspire.tv.
If you opt-out of receiving text messages, you may receive one final text message confirming your decision to unsubscribe. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing texts. Even if you opt out of getting marketing messages, we will still send you messages related to currently purchased or subscribed services. These include responses to your questions. If you receive promotional emails from a third party, you will need to separately opt-out with them.
We Engage in Interest-Based Advertising.
Company and our third-party partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms. This might include apps. Interest-based advertising includes ads served to you after you leave the Site, encouraging you to return. They also include ads we think are relevant based on your purchasing habits or online activities. For example, providing you with promotional materials we think you would like based on your purchase or Company involvement activity. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.
To decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. For example, we or our partners might look at your selections or usage behaviors. We might look at these activities on our platforms or the platforms of others. We work with third parties who might help gather this information or with whom we might share your information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online, or it might include online usage information.
You can request access to certain information. You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by emailing us at support@perspire.tv. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.
You can control cookies and tracking tools. Your browser may give you the ability to control cookies, but it is dependent upon the type of cookie. Certain browsers can be set to reject browser cookies. Flash cookies cannot be controlled through your browser settings, so to control flash cookies, which we may use on certain websites from time to time, you can go here.
If you block cookies on your browser, certain features on our Sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.
You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. You can also control these settings in our apps.
Specific State Privacy Rights. This section of the Privacy Policy applies only to any natural person enjoying the benefit and protection of laws and government of California, Colorado, Iowa, Connecticut, Utah and Virginia.
California.
This section of the Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”). In accordance with the CCPA, this Policy discloses:
o what categories of personal information and the specific pieces of personal information we collect;
o how that personal information is collected and how we use it;
o the categories of personal information that are shared with third parties; and
o the categories or types of third parties with whom we share personal information.
As a California resident you can request a list of the personal information we collected from you, a list of the personal information we have shared with third parties, and a list of the names of third parties with whom we have shared your personal information. You may make such a request twice per year at no charge to you.
You may also request that we do not sell or disclose your personal information to third parties. However, to provide you with most our services and access to our Sites we need to share certain aspects of your personal information with our third party service providers. Accordingly, such request may affect how you use and access our website and receive our services.
You may also request that we, and any third parties with whom we have shared your personal information, delete all your personal information. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any appointment that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA.
To make any of the foregoing requests, email us at support@perspire.tv with the subject line “CCPA Request,” or call us toll-free at (302) 285-9399. To the extent we sell any personal information, you may opt out of such sales at https://static.perspire.tv/opt-out. You may also: (ii) request that we correct any personal information collected; (ii) request transmission, in machine-readable format, of the specific pieces of personal information we have collected; (iii) limit Sensitive Personal Information, including but not limited to governmental identifiers; (iv) opt out of general sharing of your information at the website and phone numbers identified above. Our Company may collect Sensitive Personal Information, including but not limited to government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. If Sensitive Personal Information is used for any purpose other than providing the requested goods or services, you may opt out of such use.
Colorado.
This section of the Policy applies to Colorado residents acting in an individual or household context. Under the Colorado Privacy Act (“CPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; and (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling.
Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perspire.tv with the subject line “CPA Request,” or call us toll-free at (302) 285-9399.
Virginia.
This section of the Policy applies to Virginia residents. Under the Virginia Data Protection Act (“VCDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perspire.tv with the subject line “VCDPA Request,” or call us toll-free at +1 (302) 285-9399.
Utah.
This section of the Policy applies to individuals who are a resident of the state of Utah and acting in an individual or household context. Under the Utah Consumer Privacy Act (“UCPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) right to delete your personal data that you provided to us as a controller; (iii) obtain a personal data that you provided to us as a controller in a portable and technically feasible, readily usable format; (iv) to opt out of processing your personal data for targeted advertising, or sale of your data; and (v) to appeal our decision in failing to act on your request within a reasonable time. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. You also may opt in to have children under the age of 13’s data collected, which will require verifiable parental consent. To do any of the above, please contact support@perspire.tv with the subject line “UCPA Request,” or call us toll-free at +1 (302) 285-9399.
Iowa.
This section of the Policy applies to Iowa residents. Under the Iowa Comprehensive Data Protection Act (“CDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) right to delete your personal data; (iii) obtain a personal data in a portable and technically feasible, readily usable format; and (iv) to appeal our decision in failing to act on your request within a reasonable time. Note that we do make use of targeted advertising as elsewhere described in this policy. Moreover, you may opt-out of our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. You may also opt out of the sale of your personal data. To do any of the above, please contact support@perspire.tv with the subject line “VCDPA Request,” or call us toll-free at +1 (302) 285-9399.
Connecticut.
Under the Connecticut Data Privacy Act (“CTDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time. As a In addition, as a Connecticut resident: (i) you may also have personal data provided by you deleted; and (ii) we will not require identification for you to take any of the actions described above. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perspire.tv with the subject line “CTDPA Request,” or call us toll-free at +1 (302) 285-9399.
Our Sites/Minors. Our Sites are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at support@perspire.tv or you can write to us at the address listed at the end of this Privacy Policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here: http://www.business.ftc.gov/privacy-and-security/childrens-privacy.
We store information in the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.
We use standard security measures. We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We may also use firewall encryption where appropriate. Please remember that no data security measures are 100% secure all of the time. We keep personal information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep information as otherwise required by law.
Our Site and Do Not Track Signals. Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We may continue to monitor industry activity in this area and reassess our DNT practices as necessary.
You can update your information stored via account. To update your information stored via a personal account, log into the site and click the “My Profile” link at the top of our site. You can also update it by clicking the My Profile icon at https://perspire.tv/. It may take us up to 10 business days to process account changes.
We may link to other sites or have third party services on our Site we do not control. If you click on a link to a third party site, you will be taken to websites we do not control. This Privacy Policy does not apply to the privacy practices of that website. Read the privacy policy of other websites carefully. We are not responsible for these third party sites. Our Site may also serve third party content that contains their own cookies or tracking technologies. We do not control the use of those technologies. We also do not control the privacy practices of our affiliates. This includes their use of cookies and other tracking technologies.
How to Contact Us. If you have any questions or concerns about this Privacy Policy, you may contact us at:
Perspire, Inc.
3200 Kirkwood Highway #1077
Wilmington, DE 19808
Attn: Privacy
Email: support@perspire.tv
Disclaimer, Limitation of Liability and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF COMPANY’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THIS PRIVACY POLICY.
Indemnification. You agree to indemnify and hold Company, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any way out of: (a) your participation in the Site, (b) any violation of this Privacy Policy by you, (c) the violation, infringement or misappropriation by you, or another using My Profile, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (d) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
Terms and Conditions, Notices, Revisions.
If you choose to visit https://perspire.tv/, your visit and any dispute over the terms and conditions of the Site or your purchase of products through the Site is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of the State of Colorado to certain aspects. Our business changes constantly, as will our Privacy Policy and the Terms of Conditions. We will post a banner and a link on our main homepage at https://perspire.tv/ notifying you of any material change so please check the Site frequently for such recent changes.
Except where prohibited, by visiting and using https://perspire.tv/, you agree that (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be brought in a court of competent jurisdiction located in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. (2) COMPANY’S LIABILITY ARISING IN CONNECTION WITH THIS PRIVACY POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, COMPANY SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF; (3) you consent to collection of personal information; (4) you are granted a right to know what personal information has been collected upon request, including what is sold or disclosed, and to whom; (4) the right to opt out of any sale of personal information; (5) the right to deletion of any personal information; and (6) the right to non-discrimination with respect to any personal information.
Non-Waiver. The failure of https://perspire.tv/ to insist upon performance of any of the terms and conditions of this Privacy Policy, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Privacy Policy, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Privacy Policy.
The failure of https://perspire.tv/ to comply with this Privacy Policy because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Company, shall not be deemed a breach of this Privacy Policy.
Legal Basis for Data Processing. We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the contract between you and the Company (for example, to facilitate a purchase on Company, to provide you with other services that you request, or for resolving billing or customer service inquiries related to your use of our services); necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our services); and, where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties), which may subsequently be withdrawn at any time (by emailing support@perspire.tv) without affecting the lawfulness of processing based on consent before its withdrawal. In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of the Site.
International Transfers of Personal Data. To the extent that the Company is subject to the laws of the European Union or other third country when processing personal data (“Personal Data”), it shall be the “data controller” under such laws. The nature of the Company’s business means that the Personal Data collected through our services will be transferred to the United States. Also, the Company personnel and some of the third-parties to whom we disclose Personal Data (as set out above) are located in the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure. If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may contact us at support@perspire.tv. You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data infringes applicable law. A list of EU data protection authorities is available at https://edpb.europa.eu/about-edpb/about-edpb/members_en.
Content Uploader. We respect the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our Site (“Platform”), without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA. Please review our User Generated Content Policy here https://static.perspire.tv/terms-of-service.
Privacy Policy and Terms Consent
Effective: June 07, 2023
This Privacy Policy and Terms Consent (“Privacy Policy”) applies to all of our Sites, Software, Systems and/or Service Offerings (“Sites”).
Acknowledgment
Perspire, Inc. (“Company,” “we,” “us” or “our”) knows that you care how information is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy describes how we treat personal information. This includes on the websites where it is located. It also applies to our information collection and tracking practices, solicited for training, fitness instruction, social networking or other service administration, correspondence with us, and other data related to specific content, subscriptions, or use of our Software and/or Service Offerings. Any capitalized terms not defined in this Privacy Policy are defined in our General Terms and Conditions https://static.perspire.tv/terms-of-service.
If you need any assistance with our Sites, please contact Customer Service via email at support@perspire.tv.
PLEASE NOTE THAT THIS PRIVACY POLICY CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:
• OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS
• INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, VIRGINIA AND THE EUROPEAN UNION
BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AS IF YOU HAD SIGNED IT.
We collect information from and about you.
The information we learn from visitors and our customers helps us personalize and continually improve your experience. We receive and store any information you enter on the Site or give us in any other way. Types of information that you may submit and we may collect include:
- Contact Information and Identity Details. We use the information that you provide for responding to your requests, customizing goods or services offerings or suggestions for you, improving our business, and communicating with you. For example, we collect your name, address, phone number, zip code, and email address if you register on our Site, as well as additional information.
- Payment Information. For example, we may collect your credit card number or bank information for certain purchases or subscriptions. We generally strive to make use of third party platforms, such as Stripe, to handle our payment processing and information needs. Such entities may store your payment information, and we encourage you to review such policies with the service provider. In unique situations, payment related information may be handled by us, but we will seek to delete such information as may be practicable under the circumstances.
- Information You Submit or Post. We collect the information you post in a public space on our Site. We also collect information when you contact or otherwise correspond with us, including but not limited to via emails, calendar invites, phone calls, information derived from your interactive engagement, such as recorded video or audio, or other related submittals or posts.
- Demographic and User Generated Information. We may collect information like your gender, age, date of birth, fitness goals, weight, height, workout history, voluntarily offered health data, fitness interests, and activity data. We might collect this when you contact us, correspond with others on our platforms, make use of such data in furtherance of our Services, or when you make a purchase from or otherwise transact or interact with the Company. It also may be known based on documents you submit to us and information sent, posted, or uploaded on our platforms.
- Content and Services Related Information. When uploading pictures, data, or other information, a name, email address, and other identifying information may be required. Generally, the information collected helps us to communicate with you regarding content that you have submitted to us, future or current service offerings, and notices from third parties such as content creators or fitness professionals. For instance, we may use your email address to notify you of the status of the content you have submitted. This may include user generated data and posts on third party social media sites.
- Social Media and Third-Party Information. We may allow data subject to share our products and services on Facebook, Instagram, Pinterest, or other social media sites. If you decide to share one our products or services, we will get basic information from your social media profile like name, gender, profile photo, and friends or contacts. This information is collected by the social media company and is provided to us under the terms of its own privacy policy. You may be able to control the information that we receive from Facebook using the privacy settings in one’s Facebook account.
- Commercial Information. We may collect records of products or services purchased, obtained, or considered, and purchasing or consuming histories or tendencies.
- Phone or Device Related Information. We may collect phone device related information when using our platforms, which may require special permission such as access to the camera, microphone, location, external storage, network access, etc. This may include location data via such device, IP addresses, web browser types, mobile operating system versions, phone carrier and manufacturer information, application installations, and device identifiers.
- Other. We may collect other data incidental to rendering services and to compliment the usefulness of the data described above.
Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your web browser accesses Company sites or advertisements. We may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.
Additional Information Regarding Device Identifiable Information. We may collect information that does not identify you personally, but is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating the Site. When you visit the Site to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Site, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site or the service and to gather broad demographic information for aggregate use.
We may also collect Device Identifiable Information through “cookies” or “web beacons” as explained below.
We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using the Site, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.
As stated above, we may also collect your location information, such as your zip code or the approximate geographic area provided by your internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.
We collect information from you directly. We collect information directly from you. We receive and store any information you enter on our Sites or give to us in any other way. For example, we collect information you choose to provide us when you sign up for our emails, calendar, fitness class or media offerings, or text alerts or other notifications when you use the Site and when you make purchases from us either online. We also collect information if you contact us. We collect information about you through the Sites and retail or subscription service related points of contact.
We collect information from you passively. On our platforms, which include our Sites, we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from affiliates, we may gather information passively on their platforms. Tools we use include browser “cookies”, “Pixels” and “Web Beacons”.
“Cookies” are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as on Company’s sites, personalized advertisements on other sites, and storage of items in your Orders or similar feature, or between visits. The ‘help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Site of its manufacturer. Because cookies allow you to take advantage of some of Company’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Orders or similar feature, proceed to Checkout, or use any Company products and services that require you to sign in.
“Pixels” “Web Beacons” (also known as web bugs, pixel tags or clear .gifs) are tiny graphics with a unique identifier that may be included on our services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our services, to monitor how many visitors view our services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages or in an e-mail.
Social media widgets such as the Facebook “like” button and Instagram “share” button or other interactive mini-programs may be on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.
In addition to other third-party data collection applications, we may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our services, and to develop website content. For more information about Google Analytics, please visit https://policies.google.com/technologies/partner-sites. You can opt out of Google’s collection and Processing of data generated by your use of the services by going to tools.google.com/dlpage/gaoptout.
Using Other Technologies. We may use cookies, web beacons, or other similar technologies to operate and provide you access to Site, applications, services, and tools, and using the technologies necessary to identify irregular site behavior, prevent fraudulent activity and improve security. Using these tools also allow you to make use of our functions such as shopping-carts, saved search, or similar functions. These tools allow us to assess the performance of the Sites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use the Sites, to determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve the Site content, applications, services, or tools. We have the ability to offer you enhanced functionality when accessing or using our Sites, services, applications, or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Sites.
Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third-party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our Sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
We get information about you from third parties. For example, contracts, representatives, affiliates, and social media platforms or plugins may also give us information about you. Affiliates or other business partners may also give us information. This might include information they gathered passively. We may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to http://www.aboutads.info/choices.
How We Use Your Information. Information about our customers is an important part of our business, and we are not in the business of selling it to others, thought it may be shared with others for the purpose of carrying out our Services. We share customer information only as described in this Privacy Policy.
· We use information to administer our Services. For example, we use information to assist with targeted fitness program suggestions, performance tracking, determining engagement, communications with you, and to evaluate content creators active on the Site.
· We use information to respond to your requests or questions. For example, we might use your information to respond to your questions on content related items, for customer feedback, etc.
· We use information to improve our products and services. We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.
· We use information to communicate with you. We may send you emails, calendar invites, telephone or written reminders, and regular text messages you have consented to receive, such as promotional messages and offerings messages.
· We use various tracking technologies. We, and other third parties we work with, use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web sites when you use this Web site or service. We may also have third parties that collect personal information this way. We do this for many reasons, including to engage in interest-based advertising, to understand the activities and behaviors of customers and platform users, to recognize new and past visitors to the Sites, to present more personalized content and offers, to improve the Site experience, optimize your customer experience, and provide site and service enhancements, to avoid repeatedly showing you the same advertisements or fitness offerings notifications, to serve customized advertising (whether on the Site or others you visit) and so we can better understand our audience, our customers, the Site visitors, and their respective interests. We work with third parties who provide us with certain web search services.
· We use information for security purposes. We may use information to protect our Company, our customers, and the Sites.
· We use information for marketing purposes. If you register with our Site or if you opt-in to receiving messages from us in any other way, we may send you information about special offers, new products, or new services. These might be third party offers or products we think you might find interesting. Depending on your choice we may send this type of information via email, text, call, push notifications in apps, or notifications by regular mail. We also use information to customize offers you receive. This includes using your purchase related history on affiliates or other third-party platforms.
· We utilize third-party service providers, and use your information to perform those functions. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders or delivering our services, delivering documents, correspondence, calendar invites and the like, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
· We use information to communicate with you about your account or our relationship. We may contact you about your profile, account or feedback. We might also contact you about this Privacy Policy or the Site Terms.
· We will share information if we think we have to in order to comply with the law or to protect ourselves. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
· We will share information with third parties who perform services on our behalf and affiliates. For example, we share information with vendors who send emails for us. We may also share information with companies that operate the Sites or run a promotion. We may also share the information with our subsidiaries and affiliates.
· We will share information with our business partners. This includes sharing for marketing or advertising or for purposes of running joint promotions. For example, we will share information with our affiliates to develop content, notify parties of deadlines or other developments, process orders or understand preferences, or we might share information that third parties can use to serve you with ads they think you will like. This could include sharing with our partners what ads you view, and those third parties may use information for their own marketing or advertising purposes.
· We may share information with any successor to all or part of our business. As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Company, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets
· We may share information for other reasons we may describe to you.
Your Choice to Opt-In or Opt-Out (Subject to Jurisdiction Specific Opt-In or Opt-Out Information Below)
You have the choice to opt-in to or opt-out from receiving certain emails or text messages to the email address or mobile number you provide to us at any time. Please see below for ways to opt-in or opt-out of receiving certain communication from us.
General Opt-In.
If you have opted-in to receiving messages from us, you expressly acknowledge consent to receiving such messages to the email, phone number, and address you have provided us, and that such messages may be from an automated system.
If you have opted-in to receive text messages we do not charge you for the text message, provided, however, that standard messaging and data rates will apply to each text message in accordance with your wireless plan and your carrier’s policies. We do not require you to agree to receive text messages as a condition of making any purchase.
If you need help with text messages text HELP to (302) 285-9399. Text messages may not be delivered to you due to factors beyond our control such as transmission range, your carrier’s policies, or your phone plan.
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, content, manufacturing and marketing products and services using such information.
General Opt Out
The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit https://static.perspire.tv/opt-out. Your opt-out is both browser and device specific.
You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Company features as My Profile, progress tracking, recommended fitness live streams, recommended fitness recordings and videos, recommended trainers, and other similar features.
To stop receiving our promotional emails, you may opt-out by one of the following methods:
· Selecting the “Unsubscribe” link in any promotional email.
· Visiting our unsubscribe page at https://static.perspire.tv/opt-out or logging into My Profile to change preferences (as applicable).
· Emailing us at support@perspire.tv.
To stop receiving our promotional texts, you may opt-out by one of the following methods:
· Replying STOP to any text message we send you
· Texting STOP at any time to (302) 285-9399 or call (302) 285-9399.
· Visiting our unsubscribe page at https://static.perspire.tv/opt-out or logging into My Profile to change preferences (as applicable).
· Emailing us at support@perspire.tv.
If you opt-out of receiving text messages, you may receive one final text message confirming your decision to unsubscribe. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing texts. Even if you opt out of getting marketing messages, we will still send you messages related to currently purchased or subscribed services. These include responses to your questions. If you receive promotional emails from a third party, you will need to separately opt-out with them.
We Engage in Interest-Based Advertising.
Company and our third-party partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms. This might include apps. Interest-based advertising includes ads served to you after you leave the Site, encouraging you to return. They also include ads we think are relevant based on your purchasing habits or online activities. For example, providing you with promotional materials we think you would like based on your purchase or Company involvement activity. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.
To decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. For example, we or our partners might look at your selections or usage behaviors. We might look at these activities on our platforms or the platforms of others. We work with third parties who might help gather this information or with whom we might share your information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online, or it might include online usage information.
You can request access to certain information. You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by emailing us at support@perspire.tv. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.
You can control cookies and tracking tools. Your browser may give you the ability to control cookies, but it is dependent upon the type of cookie. Certain browsers can be set to reject browser cookies. Flash cookies cannot be controlled through your browser settings, so to control flash cookies, which we may use on certain websites from time to time, you can go here.
If you block cookies on your browser, certain features on our Sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.
You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. You can also control these settings in our apps.
Specific State Privacy Rights. This section of the Privacy Policy applies only to any natural person enjoying the benefit and protection of laws and government of California, Colorado, Iowa, Connecticut, Utah and Virginia.
California.
This section of the Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”). In accordance with the CCPA, this Policy discloses:
o what categories of personal information and the specific pieces of personal information we collect;
o how that personal information is collected and how we use it;
o the categories of personal information that are shared with third parties; and
o the categories or types of third parties with whom we share personal information.
As a California resident you can request a list of the personal information we collected from you, a list of the personal information we have shared with third parties, and a list of the names of third parties with whom we have shared your personal information. You may make such a request twice per year at no charge to you.
You may also request that we do not sell or disclose your personal information to third parties. However, to provide you with most our services and access to our Sites we need to share certain aspects of your personal information with our third party service providers. Accordingly, such request may affect how you use and access our website and receive our services.
You may also request that we, and any third parties with whom we have shared your personal information, delete all your personal information. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any appointment that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA.
To make any of the foregoing requests, email us at support@perspire.tv with the subject line “CCPA Request,” or call us toll-free at (302) 285-9399. To the extent we sell any personal information, you may opt out of such sales at https://static.perspire.tv/opt-out. You may also: (ii) request that we correct any personal information collected; (ii) request transmission, in machine-readable format, of the specific pieces of personal information we have collected; (iii) limit Sensitive Personal Information, including but not limited to governmental identifiers; (iv) opt out of general sharing of your information at the website and phone numbers identified above. Our Company may collect Sensitive Personal Information, including but not limited to government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. If Sensitive Personal Information is used for any purpose other than providing the requested goods or services, you may opt out of such use.
Colorado.
This section of the Policy applies to Colorado residents acting in an individual or household context. Under the Colorado Privacy Act (“CPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; and (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling.
Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perspire.tv with the subject line “CPA Request,” or call us toll-free at (302) 285-9399.
Virginia.
This section of the Policy applies to Virginia residents. Under the Virginia Data Protection Act (“VCDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perspire.tv with the subject line “VCDPA Request,” or call us toll-free at +1 (302) 285-9399.
Utah.
This section of the Policy applies to individuals who are a resident of the state of Utah and acting in an individual or household context. Under the Utah Consumer Privacy Act (“UCPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) right to delete your personal data that you provided to us as a controller; (iii) obtain a personal data that you provided to us as a controller in a portable and technically feasible, readily usable format; (iv) to opt out of processing your personal data for targeted advertising, or sale of your data; and (v) to appeal our decision in failing to act on your request within a reasonable time. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. You also may opt in to have children under the age of 13’s data collected, which will require verifiable parental consent. To do any of the above, please contact support@perspire.tv with the subject line “UCPA Request,” or call us toll-free at +1 (302) 285-9399.
Iowa.
This section of the Policy applies to Iowa residents. Under the Iowa Comprehensive Data Protection Act (“CDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) right to delete your personal data; (iii) obtain a personal data in a portable and technically feasible, readily usable format; and (iv) to appeal our decision in failing to act on your request within a reasonable time. Note that we do make use of targeted advertising as elsewhere described in this policy. Moreover, you may opt-out of our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. You may also opt out of the sale of your personal data. To do any of the above, please contact support@perspire.tv with the subject line “VCDPA Request,” or call us toll-free at +1 (302) 285-9399.
Connecticut.
Under the Connecticut Data Privacy Act (“CTDPA”), you have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) right to delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time. As a In addition, as a Connecticut resident: (i) you may also have personal data provided by you deleted; and (ii) we will not require identification for you to take any of the actions described above. Moreover, you may opt in to our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. To do any of the above, please contact support@perspire.tv with the subject line “CTDPA Request,” or call us toll-free at +1 (302) 285-9399.
Our Sites/Minors. Our Sites are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at support@perspire.tv or you can write to us at the address listed at the end of this Privacy Policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here: http://www.business.ftc.gov/privacy-and-security/childrens-privacy.
We store information in the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.
We use standard security measures. We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We may also use firewall encryption where appropriate. Please remember that no data security measures are 100% secure all of the time. We keep personal information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep information as otherwise required by law.
Our Site and Do Not Track Signals. Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We may continue to monitor industry activity in this area and reassess our DNT practices as necessary.
You can update your information stored via account. To update your information stored via a personal account, log into the site and click the “My Profile” link at the top of our site. You can also update it by clicking the My Profile icon at https://perspire.tv/. It may take us up to 10 business days to process account changes.
We may link to other sites or have third party services on our Site we do not control. If you click on a link to a third party site, you will be taken to websites we do not control. This Privacy Policy does not apply to the privacy practices of that website. Read the privacy policy of other websites carefully. We are not responsible for these third party sites. Our Site may also serve third party content that contains their own cookies or tracking technologies. We do not control the use of those technologies. We also do not control the privacy practices of our affiliates. This includes their use of cookies and other tracking technologies.
How to Contact Us. If you have any questions or concerns about this Privacy Policy, you may contact us at:
Perspire, Inc.
3200 Kirkwood Highway #1077
Wilmington, DE 19808
Attn: Privacy
Email: support@perspire.tv
Disclaimer, Limitation of Liability and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF COMPANY’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THIS PRIVACY POLICY.
Indemnification. You agree to indemnify and hold Company, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any way out of: (a) your participation in the Site, (b) any violation of this Privacy Policy by you, (c) the violation, infringement or misappropriation by you, or another using My Profile, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (d) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
Terms and Conditions, Notices, Revisions.
If you choose to visit https://perspire.tv/, your visit and any dispute over the terms and conditions of the Site or your purchase of products through the Site is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of the State of Colorado to certain aspects. Our business changes constantly, as will our Privacy Policy and the Terms of Conditions. We will post a banner and a link on our main homepage at https://perspire.tv/ notifying you of any material change so please check the Site frequently for such recent changes.
Except where prohibited, by visiting and using https://perspire.tv/, you agree that (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be brought in a court of competent jurisdiction located in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. (2) COMPANY’S LIABILITY ARISING IN CONNECTION WITH THIS PRIVACY POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, COMPANY SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF; (3) you consent to collection of personal information; (4) you are granted a right to know what personal information has been collected upon request, including what is sold or disclosed, and to whom; (4) the right to opt out of any sale of personal information; (5) the right to deletion of any personal information; and (6) the right to non-discrimination with respect to any personal information.
Non-Waiver. The failure of https://perspire.tv/ to insist upon performance of any of the terms and conditions of this Privacy Policy, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Privacy Policy, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Privacy Policy.
The failure of https://perspire.tv/ to comply with this Privacy Policy because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Company, shall not be deemed a breach of this Privacy Policy.
Legal Basis for Data Processing. We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the contract between you and the Company (for example, to facilitate a purchase on Company, to provide you with other services that you request, or for resolving billing or customer service inquiries related to your use of our services); necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our services); and, where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties), which may subsequently be withdrawn at any time (by emailing support@perspire.tv) without affecting the lawfulness of processing based on consent before its withdrawal. In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of the Site.
International Transfers of Personal Data. To the extent that the Company is subject to the laws of the European Union or other third country when processing personal data (“Personal Data”), it shall be the “data controller” under such laws. The nature of the Company’s business means that the Personal Data collected through our services will be transferred to the United States. Also, the Company personnel and some of the third-parties to whom we disclose Personal Data (as set out above) are located in the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure. If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may contact us at support@perspire.tv. You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data infringes applicable law. A list of EU data protection authorities is available at https://edpb.europa.eu/about-edpb/about-edpb/members_en.
Content Uploader. We respect the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our Site (“Platform”), without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA. Please review our User Generated Content Policy here https://static.perspire.tv/terms-of-service.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By email: support@perspire.tv