Mio Global – User Privacy Policy

MIO GLOBAL – PRIVACY STATEMENT
Last revised: July 31, 2014

Physical Enterprises Inc. (“Mio Global” or “Mio”) is bringing you the Mio Connected Cloud suite, which includes all Mio Global branded web and mobile fitness products and services. You can connect to the full suite of Mio Connected Cloud products and services through a single point of sign-on—your Account. Use of any Mio Connected Cloud products and services is subject to this Privacy Statement. By using any new Mio Connected Cloud products or services or visiting mioglobal.com, you acknowledge and agree to this Privacy Statement and accompanying Terms of Condition and Use. (“Terms”).

Welcome to Mio Connected Cloud, an integrated suite of fitness related products and services, including:

Collectively, all of the above, are referred to as the “Services.” The Services are made available to you (individually, “you,” and collectively, “users”) by Mio Global (Mio Global may be referred to as “We,” “we,” “Our,” or “our”).

We have posted this Privacy Statement to let you know what kind of information we collect when you interact with the Services, the purposes for which we collect and use your information, how it is handled, with whom it may be shared, and what choices you have regarding our use of your information. Additional or different privacy-related terms may apply to mioglobal.com. Any capitalized but undefined terms used in this Privacy Statement have the same meaning as when used in the Terms. This Privacy Statement applies to all personal information and location information we collect or acquire about you through the Services and through any other media channels and platforms, whether online, offline, print, telephonic, mobile, wireless, or otherwise, whether collected or acquired by Mio Global, or any other Mio Global subsidiary or affiliate. Certain products, services, and promotional offers made available by Mio Global may contain links to additional or different privacy terms. In the event of a conflict between this Privacy Statement and such additional or different privacy terms, the additional or different privacy terms will apply.

As we continue to develop our Services and take advantage of advances in technology, our Privacy Statement may change. Please refer to this page frequently for the most up-to-date information.

WHAT TYPES OF PERSONAL INFORMATION DO WE GATHER?

We collect information about you when you register to use our Services, connect your social media account, use our Services, or communicate with us. You can choose not to provide certain information or opt out of some automated collection of your information, but then you may not be able to take advantage of certain features or Services. By using our Services, you grant us permission to process your personal information in accordance with the provisions of this Privacy Statement.

Personal Information.When you sign up for a particular Service that requires registration or an account (collectively, any type of account you may create through Mio Global is referred to in the Terms and this Privacy Statement as “Account”), we ask you to submit certain personal information. Personal information is any information that identifies you personally, either alone or in combination with other information available to us. Personal information may include, but is not limited to:

You may use mioglobal.com without registering an account. If you choose to check-out as a guest, we will collect only limited personal information from you in order to fulfill your order.

Social Media Connection.You may choose to enable or log in to the Services via various social media or social networking services such as Facebook or Twitter (“Social Networking Services”). By integrating these Social Networking Services into our Services, we can offer you a richer and more personalized experience with our products and services. When you connect your Account to a social media account, we collect certain personal information that you have provided to that Social Networking Service. For example, when you log in with your Facebook credentials, we may collect personal information from your Facebook profile, such as your email address, profile picture, and friend list.

Payment Method Information.For certain Services, we request that you furnish certain financial information, including but not limited to, credit card or other payment account information.

Location Information.Some Services use location-based components. To provide these features, we or our partners and licensees may collect, use, and share precise location information, including the real-time geographic location of your mobile device. For some third-party partners, such as Google, this location information may be shared automatically. For others, such as Facebook, location information will only be shared with your explicit permission or if you choose to share it via the device. Location information includes, but is not limited to, any information we derive in order to identify your geographic position. This information may be collected from your wireless carrier, certain third party service providers, or directly from the mobile device with which you use or access our Services. The collection and tracking of your location information may occur even when our Services, including any mobile application, are not actively open and running. Your location information, however, is only displayed and shared in accordance with your established privacy settings.

We may combine the personal information and/or the location information that you provide via your Account with information from other Services or third parties in order to enhance your experience and/or to improve the overall quality of the Services. For certain Services, we may give you an opportunity to opt out of the combination of such information.

Other Information You Provide.When you employ our Services, we may receive certain non-personally identifiable information about your use of the Services. Such information, which may be collected passively using various technologies or via submission of data by devices you may have configured to work with the Services, cannot presently be used to specifically identify you. We may store such information ourselves, or it may be included in databases owned and maintained by our respective affiliates, agents, and/or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Services, the number of visitors to each page of the Services, and the domain names of our visitors’ Internet service providers. No personal information is available or used in this process.

Information From Other Sources.If you have created an Account with us, we may obtain certain demographic information about you from reputable third party sources to help us improve our communication with you and improve our business overall.

Aggregated Information.To better serve you and improve the Services, we may conduct research on demographics, interests, and behavior based on personal information and other information provided via the Services. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated information with our affiliates, agents, and business partners. This aggregate information does not identify you personally. We may also disclose aggregated information in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

Cookies, Automatic Data Collection, and Related Technologies.When you access or use the Services, we and third parties that provide certain functionality on our Services, such as Facebook, Twitter, and ad networks, may engage, receive, collect, and store certain types of information through automatic data collection tools including cookies, pixel tags, Web beacons, embedded Web links, and other commonly used information gathering tools (“Automatic Data Collection Tools”). These Automatic Data Collection Tools collect certain information including, but not limited to, information such as your web requests, Internet Protocol address, browser type, browser language, the date and time of your request, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, cookies that may uniquely identify your browser, and elements employed in the Mobile Applications.

Cookies.A “cookie” is a small data file stored by your web browser on your computer’s hard drive. It allows us to recognize your computer (but not specifically who is using it) when you visit one of the Services by associating the identification numbers in the cookie with other user information you have provided us. That user information is stored on our secured database. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browsing session, while others will remain for longer periods of time or will remain unless and until deleted by you. You may be able to configure your browser to accept or reject all or some cookies (other than Flash cookies) or notify you when a cookie is set. Each browser is different, so please check the “Help” menu of your browser to learn how to change your cookie preferences. Please note that some of our Services or features may not function properly or at all if cookies are disabled or blocked.

Some third party service providers may use “Flash cookies,” also known as Local Shared Objects or LSOs. Flash cookies are saved on your computer in the same way as other cookies, but they cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. For information on how to manage and remove Flash cookies, please visit:
http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html or epic.org/privacy/cookies/flash.html.

Pixel Tags.“Pixel tags” (also known as “tracking pixels” or “web beacons”) are small graphic files that allow us to monitor the use of our Services. The use of pixel tags is industry standard technology used by most major web sites. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL (Uniform Resource Locator) of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server. One of the ways in which we use pixel tags is through a third-party service provider to serve ads on our behalf across the Internet. They may collect anonymous (other than your IP address) information about your visits to and interaction with our Services. They may also use this information about your visits to the Services and other websites and applications to target advertisements for goods and services. If you would like more information about online marketing practices and to know your choices about not having this information used by our third party service providers, please click www.networkadvertising.org/choices.

Please see the section below titled “How Do We Use Automatic Data Collection Tools?” for more information about our use of these tools and your choices related to automatic data collection.

HOW DO WE USE YOUR PERSONAL INFORMATION?

When you sign up for a particular Service that requires an Account, we may ask you to provide certain personal information or location information. If we intend to use this personal information in a manner different than the purpose for which it was collected, we will ask you for your specific consent prior to such use. If we propose to use personal information in ways that are less restrictive than those described in this Privacy Statement and/or in the specific service notices, we will offer you an effective way to opt out of such use of your personal information for such identified other purposes. In addition, you may decline to submit personal information or location information to any of the Services; this may mean, however, that we are unable to provide certain Services to you.

We process and use personal information and location information for the purposes described in this Privacy Statement and/or any specific privacy notices set forth for select Services. In addition to the above, such purposes may include:

Email Communications.To improve our email communications, we may receive a confirmation when you open email messages from the Services, if your computer supports such capabilities. We also compare our users list to lists received from other companies in an effort to avoid sending unnecessary messages to our users. If you do not want to receive email messages or other communications from us, please see the section titled “How can you opt out of receiving communications from us?” below.

Direct Marketing.Each user that has registered or created an Account, has the choice of receiving announcements about our products, services, and special events or promotions from us via email. You will receive promotional email messages only if you have agreed to receive them from Mio Global by (i) checking the box next to the invitation to receive announcements, news, and promotions when registering or creating your Account via website or the mobile in-app registration process, or (ii) clicking on an email signup link on the Services and entering your email address.

YOUR CHOICES

Account Privacy Settings and Online Disclosures.Certain Websites and Mobile Applications available through the Services come equipped with privacy settings for your profile and activities. For these Websites and Mobile Applications, we provide you with three privacy setting options for your Account—“Public. Share With Everyone,” “Friends. Share With All My Friends,” and “Private. Do Not Share.” These privacy settings control who can view your online disclosures, including but not limited to certain personal information, location information, and activity data.

The default Account privacy setting is “Friends. Share With All My Friends”. The “Friends. Share With All My Friends” privacy setting limits access to your online disclosures. While you maintain a “Friends. Share With All My Friends” privacy setting, only certain personal information—specifically, your username, first name, and first initial of your last name, and any profile picture associated with you—that you disclose and/or transmit to us via the Websites and/or Mobile Applications is disclosed or accessible to the public. All other personal information, location information, and activity data that you disclose and/or transmit is only disclosed to and accessible by us and those persons whom you have designated as “Friends.”

A “Private. Do Not Share” privacy setting further limits access to the personal information, location information, and activity data that you disclose and/or transmit via the Websites and/or Mobile Applications. Specifically, while you maintain a “Private. Do Not Share” privacy setting, no personal information, location information, or activity data that you disclose and/or transmit to us is disclosed to or accessible by your Friends or the public. It is only disclosed to and accessible by us.

To permit the public or any third parties, including other users of our Services, to view personal information, location information, and activity data, you must actively and specifically employ a “Public. Share With Everyone” privacy setting.

When you record and log activities (e.g., routes, food, workouts) in connection with your use of the Services, you may be permitted to designate a privacy setting specific to those activities by selecting an icon that corresponds to one of the privacy settings —“Public. Share With Everyone,” “Friends. Share With All My Friends,” and “Private. Do Not Share.” The privacy setting that you set for the logged activity at that time will apply only to that activity.

We recommend that you actively manage your privacy settings on an ongoing basis, so that you can effectively guard against the unauthorized use or misuse of your personal information or location information by others.

HOW DO WE USE AUTOMATIC DATA COLLECTION TOOLS?

We use Automatic Data Collection Tools to:

Third Party Data Collection on Our Services.Please note that certain third parties whom we do not control use Automatic Data Collection Tools on our Services. When you “opt-out” of receiving interest-based ads through one of the links below, these Automatic Data Collection Tools may still collect information about your use of the Services for other purposes, such as analytics and fraud prevention.

ONLINE ADVERTISING

On Our Services.We may use personal information and data collected through Automatic Data Collection Tools to deliver personalized Mio Global or third-party interest-based advertising to you on our Services. For example, there may be separate products and services offered by third parties advertised on or through our Services that may be complementary to your use of our Services. If you choose to use these separate products or services, disclose information to the third party providers, or grant them permission to collect information about you, then their use of your information is governed by their own privacy policies; Mio Global is not responsible for these third party privacy practices. If you click on a link to a third party site or are considering using a third party providers’ products or services, we encourage you to check and evaluate the privacy policy on that third party’s website.

Please see “How You Can Opt-Out of Online Tracking and Receiving Interest-Based Advertisements” for more information about your choices.

On Third Party Websites. We work with third-party companies that use tracking technologies, such as Automatic Data Collection Tools, to serve advertisements on our behalf across the Internet. These companies may collect information about your use of the Services and your interaction with our advertising and other communications. If you would like more information about this practice and to know your choices about not having your information used by these companies, please see “How You Can Opt-Out of Online Tracking and Receiving Interest-Based Advertisements” below and/or visit www.networkadvertising.org/managing/opt_out.asp.

These third party service providers may have access to user personal information needed to perform their functions, but may not use such information for any purpose other than the function which we have directed them to perform on our behalf. We require such third party service providers to implement and maintain reasonable security measures to safeguard the confidentiality, security, and integrity of your personal information.

HOW YOU CAN OPT-OUT OF ONLINE TRACKING AND RECEIVING INTEREST-BASED ADVERTISEMENTS:

If you want to “opt out” of tracking for purposes of serving you online interest-based advertisements, please follow the instructions at www.aboutads.info/choices or http://www.networkadvertising.org/choices/. When you “opt out” using any one or all of these options, an “opt-out” Cookie will be placed on your device indicating that you do not want to receive interest-based advertisements. If you delete cookies on your device generally, please keep in mind that you will need to opt-out again.

Please Note:When you “opt-out” of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on the Services. It means that the online ads that you do see will not be targeted to you based on your particular interests. We may still collect information about you and your use of the Services for any purpose permitted under the Privacy Statement, including for analytics and fraud prevention.

HOW MAY WE SHARE YOUR PERSONAL INFORMATION?

Information about our users is an important part of our business, and we do not sell it to others. We share user information as described below.

With Your Consent. We may share your personal information and/or location information where you have consented to the disclosure. Other than as described in this Privacy Statement, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

With Third Party Service Providers.We may share any information we receive with vendors and service providers retained in connection with the provision of our Services.

For Protection of Mio Global.We release Account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and other agreements; or protect the rights, property or safety of our company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Merger, Acquisition, Sale, or Transfer of Assets or Business.If Mio Global is acquired by or merged with or into another entity, or if our assets or business is sold or transferred to another entity, your personal information may be transferred to such entity as part of the transaction, and that entity and its affiliates may use your personal information under the terms of their own privacy policies which may differ from this Privacy Statement.

INTERNATIONAL USERS

If you are visiting and/or using our Services from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States and processing globally. By visiting and/or using our Services, you consent to any transfer and processing of any personal information you provide in accordance with this Privacy Statement including processing by Mio Global subsidiaries and affiliates.

HOW CAN YOU ACCESS AND UPDATE YOUR PERSONAL INFORMATION?

If you have registered or created an Account, you may view, update, or delete certain personal information through that Account. Please note that we reserve the right to retain personal information relating to you for a period of time, as reasonably necessary to document our business activities, comply with applicable laws or regulations or as needed for required disclosures. If you wish to edit personal information but are unable to do so by visiting your Account or if you have not registered or created an Account with our Services but wish to contact us about accessing any personal information retained by us, please visit http://support.mioglobal.com/ for assistance.

HOW CAN YOU CONTACT US ABOUT YOUR INFORMATION?

If you have any questions, comments, or concerns about our handling of personal information relating to you, please email us at support@mioglobal.com.

HOW CAN YOU OPT OUT OF RECEIVING COMMUNICATIONS FROM US?

Email Opt-Out.When you register or create an Account via website or the mobile in-app registration process, you have the choice of receiving announcements and promotions from us via email.

If you no longer wish to receive email updates from us, you can unsubscribe by clicking on the link “Unsubscribe” at the bottom of any email message from us. Please note that some email promotions are prepared well in advance. We appreciate your patience in giving us time to carry out your request. If you unsubscribe from our email updates, you will still receive Service-related emails, including confirmations of purchases and notifications regarding changes to our Terms, Privacy Statement, and/or other legal matters.

LINKS TO THIRD PARTY WEBSITES:

The Services may contain links to certain third-party websites. We do not own, control, or operate such linked sites, and we are not responsible for the privacy policies or practices of such linked sites. Privacy policies and practices for such linked sites may differ from this Privacy Statement and our practices. Your access and use of such linked sites is entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.

THIRD PARTY APPLICATIONS:

You may be able to access certain third party applications or content (collectively, “Third Party Applications”) via your Account. If you choose to access these Third Party Applications, you may be requested to log-in and sync your Account with such applications. You are in no way obligated to use any Third Party Applications, and your access and use of such applications is entirely and solely at your own risk. If you opt to use Third Party Applications via your Account, they will gain access to certain information that you have provided to us, including personal information, and they will use, store, and disclose such information in accordance with their individual privacy policies. The manner in which Third Party Applications use, store, and disclose your information is governed solely by their individual privacy policies and terms and conditions. We have no liability or responsibility for the privacy and information security practices or other actions of any Third Party Applications that you choose to access through your Account.

WHAT ARE OUR SECURITY POLICIES?

We use Secure Sockets Layer (SSL), the industry-standard encryption technology for internet transmission of your personal information. When the letters “http” in the URL change to “https,” the “s” indicates you are in a secure area employing SSL; also, your browser may give a pop-up message stating that you are about to enter or leave a secure area. Using a browser that is SSL capable will ensure that your information is encoded/encrypted when it is sent over the Internet.

Ultimately, if you register an Account, your Account and personal information is protected by the password you provided when you created your Account or updated your password while logged into your Account. Always keep this password and login information private and never share it with anyone. Also, remember to sign off your Account and close your browser window when you have finished your visit. This is to ensure that others cannot access your Account, especially if you are sharing a computer with someone else or are using a computer in a public place.

Unfortunately, no data transmission over the Internet and no data storage can be 100% secure. Consequently, while we endeavor to safeguard your personal information against unauthorized access and disclosure, we do not warrant or guarantee the security of any personal information you transmit to, from or through our Services. We will notify you in the event we become aware of a security breach involving your personal information stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach.

CHANGES TO THIS PRIVACY STATEMENT:

We may update this Privacy Statement from time to time without prior notice. You can determine when this Privacy Statement was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to our statement will become effective upon posting of the updated Privacy Statement. We encourage you to periodically review our Privacy Statement to ensure familiarity with the most current version of it. If you have registered or created an Account, we may notify you of any changes to this Privacy Statement via email and may ask you to affirmatively acknowledge consent to the changes (e.g., by checking a box or clicking a button) at the time of your next Account login to our Services.

SPECIAL NOTE TO PARENTS:

We take the privacy of children seriously. The Services are not directed at children and our Terms prohibit children under the age of 13 from registering for or using the Services. Accordingly, we do not knowingly collect personal information from children under the age of 13 through our Services, and we request that children under the age of 13 not submit any personal information through our Services.