Your privacy is very important to us. Please read below to see how KEGLR handles information. Before you get to the details, here are a few of our fundamental privacy principles:

Information you upload or post to KEGLR may be seen by others depending on your privacy settings. We aggregate and de-identify certain information about our members to use for business purposes. We give you several ways to control the privacy of your personal information and are continuously working to enhance privacy options available to you. KEGLR respects your privacy and shares your concern about the security of information you may submit to KEGLR’s websites and the related mobile applications and services (collectively, the “Services”). Our privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy settings and your rights in connection with the Services. Please also read the Terms of Service which sets out the terms governing the Services. KEGLR is headquarted in Oakland and our Services are provided to you by Xylophone, Inc. If you are a resident of the European Union (“EU”), Xylophone, Inc. is the controller of your personal data for the purposes of EU data protection law.

This policy was written in English. To the extend a translated version conflicts with the English version, the English version controls. Unless indicated otherwise, this Privacy Policy does not apply to third party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through the Services.

Questions or comments about this Privacy Policy may be submitted by mail to the address below.

Xylophone Inc

9454 Bowmont Way

Elk Grove CA 95758

Attn: Legal

We Collect, Use, Share and Otherwise Process Information

KEGLR relies on a number or legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including:

• as necessary to provide the Services and fulfill our obligations pursuant to the Terms of Service. For example, we cannot provide the Services unless we collect and use your location information;
• where you have consented to the processing, which you can revoke at any time. For example, you may consent to the processing of health-related information;
• where necessary to comply with a legal obligation, a court order, or to exercise and defend legal claims; to protect your vital interests, or those of others, such as in the case of emergencies;
• where you have made the information public;
• where necessary in the public interested; and
• where necessary for the purposes of KEGLR’s or a third party’s legitimate interests, such as those of visitors, members, or partners.

Our Legitimate Interests

We process your information in furtherance of our legitimate interests, including:

• providing and improving the Services, including any personalized Services. We do as as it is necessary to pursue our legitimate interests of providing and developing innovative and tailored offerings to our members on a sustained basis; and
• keeping the services safe and secure. We do so as it is necessary to pursue the legitimate interests of KEGLR and its members in ensuring the Services are secure, and to protect against fraud, spam and abuse, etc.

Information KEGLR Collects

KEGLR collects information about you, including information that directly or indirectly identifies you, if you or other members choose to share it with KEGLR. We receive information in a few different ways, including when you track, complete, or upload activities using the Services. KEGLR also collects information about how you use the Services. There are also several opportunities for you to share information about yourself and your activities with KEGLR. For example:

• We collect basic account information such as your name, email address, date of birth, gender, username and password that helps secure and provide you with access to our Services.
• Profile and use information is collected about you when you choose to upload a picture, activity (including date, time and geo-location information), or post, join a challenge, view other’s activities, or otherwise use the Services.
• You can choose to add your contact’s information to connect with your contacts on KEGLR and to send them your activity information. If you choose to use these features, KEGLR will access and store your contacts’ information in accordance with your instructions. By submitting such contact information, you confirm that you have the authority to use and share such information.
• KEGLR collects information from devices and apps you connect to KEGLR. For example, you may connect an electronic muscle stimulator and information from these devices and apps will be passed along to KEGLR.
• KEGLR may collect or infer health information which may include information such as heart rate or other biometric information, such as power, cadence, height and weight or other indicators. Before you can upload health information to KEGLR or information from which KEGLR can infer health information, you must give your explicit consent to the processing of that health information by KEGLR. You can withdraw your consent to KEGLR processing your health information at any time.
• We gather information from the photos, posts, comments, and other content you share on the Services, including when you participate in partner events or create training profiles or routines.
• When you make a payment on KEGLR, you may provide payment information such as your payment card or other payment details. We use Payment Card Industry compliant third-party payment services and we do not store your credit card information.
• We collect and process location information when you sign up for and use the Services. To record your training session and to provide you with your training statistics and inclusion in the Service’s features (for example, the leaderboard), it is necessary to collect and record the physical location of your device. Processing of your location data is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
• KEGLR allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook or Google (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to KEGLR under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your Third-Party Account.
• To help us to provide you with the best possible service, you can choose to provide us with your contact information so we can better respond to your support requests and comments. We also obtain additional third party information about members from marketers, partners, researchers, and others. We may combine information that we collect from you with information obtained from other members, third parties and information derived from any other subscription, product, or service we provide. We may also collect information about you from other members, such as when they give you kudos or comment about you.
• We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information.

Cookies and Similar Technologies

When you visit the Services, a cookie will be stored on your computer. Generally, cookies and similar work by assigning to your computer a unique number that has no meaning outside of KEGLR. KEGLR’s cookies do not contain any personally identifying information; KEGLR uses them to personalize your experience. KEGLR may also use cookies to assist it in delivering content specific to your interests. Additionally, after you’ve entered your member ID and password during a session on the Services, KEGLR saves that information so you don’t have to re-enter it repeatedly during that session. Most browsers automatically accept cookies. The only way to “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, please contact us. Not accepting cookies may make certain features of the Services unavailable to you. KEGLR may also use your IP address to identify you, to administer the Services and to assist in diagnosing problems with KEGLR’s servers.

Log Files

The Services uses log files. Stored information includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc., may be linked to session IDs, athlete IDs and device identifiers.

How KEGLR Uses Information

KEGLR uses the information we collect and receive to administer and operate the Services and as otherwise described in this Privacy Policy. For example, we use your health information to provide you with statistics and visualizations representing key data points. Subject to your privacy settings, your information, including your profile, username, photos, members your follow and who follow you, clubs you belong to, your activities, and kudos and comments you give and receive will be shared on KEGLR to participate in the Services, for example to show your place on a leaderboard. Location information, such as that associated with a training session, may also be shared on KEGLR (in accordance with your settings).

We also use your information to analyze, develop and improve the Services. To do this, KEGLR may use third party analytics providers to gain insights into how our Services are used and to help us improve the Services. We may also use your information to market the Services, credit or accept payments, provide support related to the Services, protect members and enforce our Terms of Service, promote safety, and communicate with you. Additionally, your information may be shared with third parties, as set forth below.

KEGLR may de-identify or aggregate the content you make available in connection with the Services, in ways that do not personally identify you. Examples of such aggregated information or statistical data include information about usage, demographics, training profiles and performance. KEGLR may use, sell, license and share this information with third parties for research, business or other purposes such as to improve training profiles or integrate with physical devices. KEGLR also uses aggregated data to generate our global heatmap. Please visit your privacy settings if you object to KEGLR using your information for these purposes.

We use your information to communicate with you about the Services, send you marketing communications (where you have agreed to receive such messages), or let you know about new features or updates to our Terms of Service. We also use your information to respond to you when you contact us. KEGLR will use your information to communicate with you, for example by sending you notifications.

How Information is Shared

Service Providers

We may share your information with third parties who provide services to KEGLR such as supporting and improving the Services, promoting the Services, processing payments, or fulfilling orders. These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf so that we or they may promote KEGLR or display information that may be relevant to your interests on the Services or other websites or services.

Publicly Available Information

Subject to your privacy settings, your information and content may be publicly accessible.

Third Party Business via API or Other Integrations

When you use third party apps, plug-ins, or websites that integrate with the Services, they may receive your information and content, including your personal information, photos, and your activity data (including private activities). Information collected by these third parties is subject to their terms and policies. KEGLR is not responsible for the terms or policies of third parties.

Affiliates and Acquirors of our Business or Assets

We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regard to your information. If KEGLR becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction.

Legal Requirements

We may share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that disclosure is reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also disclose your information if we determine that disclosure is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of KEGLR or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

How We Protect Information

We take several measures to safeguard the collection, transmission and storage of the data we collect. These steps depend on the sensitivity of the data that we collect, process, and store. Although we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we do not guarantee or warrant the security of the information you share with us and we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content. No system is 100% secure. The Services uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information and credit card numbers. KEGLR engages a company that is an industry leader in online security and Services verification to strengthen the security of KEGLR’s Services. The Services are registered with site identification authorities so that your browser can confirm KEGLR’s identity before any personally identifiable information is sent. In addition, KEGLR’s secure servers protect this information using advanced firewall technology.

To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at the Services. Please note that if you do not use a SSL-capable browser, you are at risk for having data intercepted.

Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid Services identification information for the Services you are communicating with, or send information over an unsecured connection. KEGLR recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the Services you are visiting (secure URLs begin with https:// rather than http://), along with the security symbol of your browser to help identify when you are communicating with a secure server. You can also view the details of the security certificate of the Services to which you are connected. Please check the validity of any Services you connect to using secure communications.

DMCA Notices

We may share your information with third parties when we forward Digital Millennium Copyright Act (DCMA) notifications, which will be forwarded as submitted to us without any deletions.

Disclaimer

While KEGLR continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be absolutely secure, and KEGLR cannot ensure or warrant the security of any information you transmit to KEGLR. Transmitting personal information is done at your own risk.

Privacy Settings

KEGLR offers several features and settings to help you manage your privacy and how you share your activities. Most privacy settings are located in your privacy settings page, but some are specific to individual activities or athletes. KEGLR provides you the option to make your activities private. To manage your privacy settings, please open the privacy settings page in the app.

Adjust Notification and Email Preferences

We offer various ways to opt-out or opt-into our notifications. To choose to stop receiving certain emails from KEGLR, please follow the unsubscribe instructions within each email communication or contact us at https://support.keglrapp.com. KEGLR will not provide or share any mailing lists or other information about you to another company or service other than as set forth in this Privacy Policy. Any administrative or service related emails (to confirm a purchase, or an update to the Terms of Service, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the service you requested.

Updating Account Information

You may correct, amend or delete submitted account information that is inaccurate at any time by adjusting that information in your account settings. If you need further assistance, please contact KEGLR at [email protected]. KEGLR will generally respond to your request within 7-10 business days.

Deleting Information and Accounts

You may request deletion of your personally identifiable information by contacting us at https://support.keglrapp.com. Once deactivated, your account, activities and place on leaderboards cannot be reinstated. Note that content you have shared with others or that others have copied may also remain visible after you have closed your account or deleted the information from your own profile. In addition, you may not be able to access, correct, or eliminate any information about you that other members or third parties copied or exported out of our Services. Your public profile may be displayed in search engine results until the search engine refreshes its cache.

Transfers

The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction.

Retention of Information

We retain information as long as it is necessary and relevant for our operations. Information about you that is no longer necessary and relevant for our operations will be de-identified and/or disposed of securely. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Services’ terms and conditions and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

When you delete your user account, certain personal information will be immediately de-associated with the account and deleted, such as your e-mail, name, address, and profile photo, if you had chosen to provide this information. Additionally, your Third-Party Account information will be immediately de-associated with your account. All of your activities and kudos will be de-identified, made private and no longer associated with your personal information. Your comments will be deleted and your account will not be associated with any clubs you had previously joined. We may, however, keep a record of your deletion for up to 30 days following your deletion of an account. Additionally, we may keep system logs, which may be associated with your account for up to 30 days following your deletion of an account.

When you delete your account, we may retain geolocation information to continue to improve the Services. Upon deletion of your account, however, this information cannot be viewed by other users and will be de-associated with your name and other identifiers.

Other KEGLR Sites

KEGLR maintains certain websites that can be accessed outside of https://keglrapp.com, such as https://blog.keglrapp.com (the “Other Sites”). The Other Sites maintain the look and feel of the Services, but are hosted by outside service providers with their own terms and privacy policies. If you interact with the Other Sites, your information may be stored, processed, or shared outside of the Services. If you interact with the Other Sites, you agree that you may be subject to the terms and conditions and policies applicable to such Other Site. Please be aware that any personally identifiable information you submit to the Other Sites may be read, collected, or used by other users of these forums indefinitely, and could be used to send you unsolicited messages. KEGLR is not responsible for the personally identifiable information you choose to submit via the Other Sites.

Privacy Policy Information

KEGLR reserves the right to modify this Privacy Policy at any time. Please review it occasionally. If KEGLR makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner and, if we make material changes, we will provide a prominent notice. If you object to any of the changes to this Privacy Policy, you should stop using the Services and delete your account.

EU Member’s Rights

If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:

• Access and Porting You can access much of your information by logging into your account. If you require additional access or if you are not a KEGLR member, contact us at [email protected]. To download a copy of your data, visit the settings page in the app.
• Rectify, Restrict, Limit, Delete You can also rectify, restrict, limit or delete much of your information by logging into your account. If you are unable to do this, please contact us at [email protected]. KEGLR will generally respond to your request within 10-14 business days.
• Object Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
• Revoke Consent Where you have previously provided your consent, such as to permit us to process health-related data about you, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
• Complain Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have, you have the right to do so with your local supervisory authority.