Privacy Policy

Surface Fitness, Inc.’s Privacy Policy

Surface Fitness, Inc. (“Surface Fitness”) respects the privacy rights of our users and is committed to protecting the information collected through our online products, applications, online services and websites (any or all of which are referred to as the “Services”). Surface Fitness has adopted this privacy policy (“Privacy Policy”) to explain how Surface Fitness collects, stores, and uses the information collected in connection with the Services.

You should also read our Terms of Use which set out the contract between you and Surface Fitness.

1. The information we collect about you and how we use it This Privacy Policy covers Surface Fitness’s use of any information that can or could be used to identify you (“Personal Data“). It does not cover information which cannot be used to identify you (“Anonymous Data“).Surface Fitness needs to collect and use certain Personal Data to provide the Services to you and fulfill the promises Surface Fitness makes to you in the Terms of Use:
   • When you sign up for the Services you give Surface Fitness Personal Data voluntarily by providing it to Surface Fitness, for example when you sign up for an account. Surface Fitness collects and uses that information in order to authenticate you when you register an account and use the Services, to make sure you are eligible and able to receive the Services, and so that you receive the correct version of the Services. That information includes the username you choose to use on our Services, and internal account IDs that Surface Fitness assigns to your account.
   • Surface Fitness collects and uses your device location information as you use the Services (and, if you elect to turn on background location tracking for the Services, while you are not directly interacting with the Services), including how you move around and events that occur while using the App. The Services include location based apps whose core feature is to provide an experience tied to your real world location, so Surface Fitness needs to know where you are to operate these Services for you, and to plan the location of in-App resources. Surface Fitness identifies your location using a variety of technologies, including GPS, the WiFi points you use to access the Service, and mobile/cell tower triangulation.
   • Surface Fitness also collects and uses your in-App actions and achievements, as well as certain information about your mobile device (including device identifiers, device OS, model, configuration, settings and information about third party applications or software installed on your device), to operate the Services for you and to ensure that Surface Fitness provides a fair experience to all participants in accordance with the Terms of Use.
   • Surface Fitness also uses the information above to show in-App sponsored locations that are in your vicinity as part of the App experience.
   • Surface Fitness further uses the information above in order to provide technical and customer support to you.
   • You also give Surface Fitness Personal Data when you make a purchase through Surface Fitness, subscribe to Surface Fitness publications, register for a live event, enter a competition, promotion, sweepstakes or survey or communicate with Surface Fitness. Depending on which of these Services you use, that may include your name, mailing address, phone number, country of residency, date of birth (as needed to verify eligibility), and email address. Surface Fitness uses that information to fulfil those Services to you and to provide related customer support to you.
   In addition, Surface Fitness has and relies on a legitimate interest in using your Personal Data as follows:
   • Using your IP address, browser type, operating system, the web page you were visiting before accessing the Services, the pages of the Services which you browsed or the features you used, and the time spent on those pages or features, the links on the Services that you click on, device identifiers, as well as actions you take during use of the App, your in-App user settings and preferences, and your in-App purchases to understand who is using the Services and how the Services are being used.
   • Using your contact information, namely your email address, in order to communicate with you to provide technical and customer support.
   • Using your internal account ID in order to attribute to your account any user content (such as local points of interest) that you elect to submit to Surface Fitness through the Services.
   • Using your email address and device information in order to share updates and news about the Services with you either within the App or by email. You can unsubscribe from these at any time in your device settings or in-App settings.
   • To offer new or additional features for the Services.
   • To organize and run live events based on or featuring the Services. Note that when you participate in live events your in-App actions and achievements, in-App username and your avatar, team, and other components of your in-App profile will be visible to other event participants and to the public (for example on leaderboards displayed at the event and online).
   • To ensure that you and other users are complying with the Terms of Use.
   • To make legal or regulatory disclosures.
   Surface Fitness will use your Personal Data to do the following only if Surface Fitness has your consent:
   • If you elect to turn on background activity tracking in the Services, Surface Fitness will collect your Personal Data as you use the Services as well as in the background when you do not have the Services open on your device. This includes your device location and your fitness activity data (such as Step Count, Calories Burned, and Distance Walked). Surface Fitness uses background activity tracking to provide you certain functionalities in the Services such as in-App items and rewards tied to your fitness activity level and alerts for nearby events. You can change your mind and turn off background activity tracking at any time in your device settings or in-app settings.
   • With your permission Surface Fitness uses your device’s health app (Apple HealthKit if you use an Apple device, or Google Fit if you use an Android device) to collect your fitness activity data: Surface Fitness reads and/or writes your fitness activity data to your device’s health app to operate background activity tracking and to ensure you get “credit” in your device’s health app for all of the walking you do while using the App. Surface Fitness does not use data collected through Apple Health Kit or through Google Fit for marketing or advertising purposes. Surface Fitness’s Services cannot read from or write to your device’s health app without your consent. You can change your mind and disable Surface Fitness’s access to any type of fitness activity data at any time in your Apple Health or Google Fit app settings on your device.
   • Send you marketing materials by email or via in-app notifications. You can unsubscribe from these at any time in your device settings or in-app settings.
   • Surface Fitness also relies on your consent where Surface Fitness uses cookies or similar technologies. Please see Surface Fitness’s Cookie Policy, which is incorporated herein by reference, for more information about how Surface Fitness uses cookies. Insofar as cookies collect Personal Data, Surface Fitness will process it only based on your explicit consent, in anonymized form, or under a pseudonym.
   While you may disable the usage of cookies through your browser settings, Surface Fitness currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to the lack of industry standard on how to interpret that signal.
2. Who Surface Fitness shares information with Surface Fitness will not share any Personal Data that Surface Fitness has collected from or regarding you except as described below:Information Shared with Services Providers. Surface Fitness may engage third party service providers to work with Surface Fitness to administer and provide the Services. Such third party service providers will process your Personal Data on Surface Fitness’s behalf. These third party service providers have access to your Personal Data only for the purpose of performing services on Surface Fitness’s behalf, in compliance with this Privacy Policy, and Surface Fitness makes sure each one is contractually obliged not to disclose or use your Personal Data for any other purpose. The service providers help Surface Fitness to:
   • run, operate and maintain the Services through third party platform and software tools;
   • perform content moderation and crash analytics;
   • run email and mobile messaging campaigns;
   • perform game and marketing analytics;
   • administer live events, competitions, sweepstakes and promotions, including registering participants, managing check-in and attendance, verifying eligibility and prize fulfilment;
   • provide technical and customer support.
   Information Shared with Other Participants. When you use the Services, and in particular when you take part in live events, Surface Fitness may share certain Personal Data with other participants. This Personal Data includes your in-App profile (such as your username, your profile picture), your in-App actions and achievements, the real-world locations you interacted with when using the Services, and your public in-App messages.Information Shared with Third Parties. Surface Fitness shares Anonymous Data with third parties for industry and market analysis. Surface Fitness may share Personal Data with third-party publishing partners for their direct marketing purposes only if Surface Fitness has your express permission. Surface Fitness does not share Personal Data with any other third parties for their direct marketing purposes.Information Disclosed for Surface Fitness’s Protection and the Protection of Others. Surface Fitness cooperates with government and law enforcement officials or private parties to enforce and comply with the law. Surface Fitness only shares information about you to government or law enforcement officials or private parties when Surface Fitness reasonably believes necessary or appropriate: (a) to respond to claims, legal process (including subpoenas and warrants); (b) to protect Surface Fitness’s property, rights, and safety and the property, rights, and safety of a third party or the public in general; and (c) to investigate and stop any activity that Surface Fitness considers illegal, unethical, or legally actionable.Information Disclosed in Connection with Business Transactions. Information that Surface Fitness collect from users, including Personal Data, is a business asset. If Surface Fitness is acquired by a third party as a result of a transaction such as a merger, acquisition, or asset sale or if Surface Fitness’s assets are acquired by a third party in the event Surface Fitness goes out of business or enters bankruptcy, some or all of Surface Fitness’s assets, including your Personal Data, may be disclosed or transferred to a third party acquirer in connection with the transaction.
3. How Surface Fitness keeps your Personal Data safe Surface Fitness has appropriate security measures in place to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, improperly altered or disclosed. Surface Fitness also limits access to your Personal Data to employees, agents, contractors and other third parties who have a business need to know. These entities will only process your Personal Data on Surface Fitness’s instructions and they are subject to a duty of confidentiality. Surface Fitness has put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where Surface Fitness is legally required to do so.
4. How long Surface Fitness will keep your Personal Data Surface Fitness keeps your Personal Data for as long as needed to provide the Services to you and fulfil the purposes set out in this Privacy Policy. Surface Fitness only shares your information with third parties, for example, third parties who carry out services on Surface Fitness’s behalf, who follow the retention policy described in this section.When Surface Fitness no longer needs to use your Personal Data and there is no need for Surface Fitness to keep it to comply with legal or regulatory obligations, Surface Fitness will either remove it from Surface Fitness’s systems or anonymize it so that it can no longer be associated with you.
5. Your rights and choices You have certain rights in relation to your Personal Data. In order to exercise these rights, please contact Surface Fitness at shannon@surfacefitnessinc.com.You can:
   • Request access to the Personal Data Surface Fitness holds on you.
   • Delete or correct your Personal Data. The easiest way to update your account information is via your in-app settings.
   • Object to Surface Fitness processing your Personal Data. Some of the Personal Data Surface Fitness holds is necessary for Surface Fitness to provide the Services to you and fulfill the promises Surface Fitness makes to you in the Terms of Use.
   • Ask Surface Fitness to stop using your Personal Data, including for marketing and promotional purposes (but be aware that sometimes Surface Fitness needs to use your Personal Data in order for you to use the Services).
   • Have your Personal Data transferred to another organization (where it is technically feasible).
   • Complain to a regulator. Surface Fitness would appreciate the chance to deal with your concerns directly, so Surface Fitness prefers you to contact Surface Fitness first.
   The law provides exceptions to these rights in certain circumstances. Where you cannot exercise one of these rights due to such an exception, Surface Fitness will explain to you why.Surface Fitness offers you choices regarding the collection, use, and sharing of your Personal Data and will respect the choices you make. Please note that if you decide not to provide Surface Fitness with the Personal Data requested, you may not be able to access all of the features of the Services.We aim to provide the information or complete the outcome you request within 30 days.
6. Children As a general rule, children are not allowed to use the Services, and Surface Fitness does not collect Personal Data from children. “Children” are defined as anyone under 13 years old.Surface Fitness does however allow children to use the Service, provided Surface Fitness has the required parental consent. Parents can provide and verify their consent through the App, via email, or in person at 3470 Ocean View Blvd, Glendale, CA 91208. Surface Fitness complies with parental consent requirements as mandated by the U.S. Children’s Online Privacy Protection Act (COPPA) through a verification and consent process.Verifiable parental consent is required for the collection, use, or disclosure of a child’s Personal Data. Surface Fitness will not collect, use, or disclose any Personal Data from a child if their parent or guardian does not provide such consent.Parents who wish to consent to their child accessing the Services must first verify their identity. In order to perform that verification, Surface Fitness requires certain personal information about parents. Any such information is collected by Surface Fitness in accordance with this Privacy Policy. Such information may include the Parent’s first and last name, phone number, email, and date of birth. If a Parent does not consent to a Child’s access to and use of the Services or does not verify their identity through the consent process, Surface Fitness will bar that Child’s registration on the App and prevent the Child’s access to and use of the Services.Once verified, a parent can consent to their child creating a user account and accessing the Service. For user account creation, Surface Fitness will collect the in-App username the child chooses to use on the Services, internal account IDs that Surface Fitness assigns to the child’s account, and, with the parent’s permission, the child’s personal email address or an email address which can be used to contact the child. Surface Fitness needs that information to authenticate the child’s account, to make sure the child is eligible and able to receive the Services, and so that the child receives the correct version of the Services. As the child accesses and uses the Service, Surface Fitness will also collect the child’s device location and other Personal Data listed in this Privacy Policy for the purpose of operating and providing the Service to the child, as described in this Privacy Policy.Parents have the right to refuse further collection, use, and/or disclosure of their child’s Personal Data by notifying Surface Fitness. As a parent, you understand that Surface Fitness has a legitimate interest in providing your child’s Personal Data collected via the Services to third party providers for the sole purpose of administering or providing the Services, as described in this Privacy Policy.If Surface Fitness learns that it has collected Personal Data of a child, and Surface Fitness does not have parental consent, Surface Fitness will take steps to delete such information from its files as soon as possible.Information shared with other participants. When you take certain actions in the App, your (or your authorized Child’s) username will be shared publicly through the App, including with other participants.
7. Changes to this Privacy Policy Any Personal Data that Surface Fitness collects is covered by the Privacy Policy in effect at the time such information is collected. Surface Fitness may make changes to this Privacy Policy from time to time. You will be given reasonable notice of any material change.
8. In using the Services you may access links to websites and services that are owned or operated by third parties (each, a “Third Party Service“). Any information that you provide on or to a Third Party Service or that is collected by a Third Party Service is provided directly to the owner or operator of the Third Party Service and is subject to the owner’s or operator’s privacy policy. Surface Fitness is not responsible for the content, privacy, or security practices and policies of any Third Party Service. To protect your information Surface Fitness recommends that you carefully review the privacy policies of all Third Party Service that you access.