terms of service

Privacy Notice

On 25 May 2018, we updated our Privacy Policy to comply with the EU General Data Protection Regulation 2016/679 (GDPR), which was introduced to unify the approaches to data regulation of all EU member states.

Uptivo respects your privacy and is committed to providing you with a secure customer experience. With this Privacy Notice we want to inform you about what data we collect when you use our products and services, and how we use and manage this data. We'll also tell you where to find more information about how your personal information is managed and what rights you have with respect to this information.

How we handle your personal information

When you create a user account for the Uptivo services, we ask you for certain personal information (such as your name, email address, gender, and age).
We need this information to provide you with a personalized experience with our services. For example, we use your age information to give you a more accurate calculation of the calories you burn. We trust that all information you provide to us is accurate.

We may collect certain information about you when you purchase products from our online store, use Uptivo services, or contact our Customer Service. If you only subscribe to the Uptivo newsletter, the only information we ask for is your e-mail address. We process your personal information only for the purposes listed in this Privacy Notice and for the specific purposes of the service, on which you can find more information by clicking on the links provided. You can also contact our Customer Service for more information about managing personal information in connection with each service. When you use Uptivo products or services, Uptivo collects information about you and may combine that information with any other personal information that Uptivo has collected about you for the same purpose. If we have collected information about you for other purposes, we don't combine it.

Safety

There are always risks associated with providing personal data, whether in person, over the phone or through the internet or other technologies, and no system or technology is completely secure or 'tamper-proof'/'hacker'. Uptivo takes appropriate precautions to prevent unauthorized access and misuse of your personal data. For example, Uptivo uses encryption and firewall technology when it collects personal data. If Uptivo sites support online transactions, industry-standard security measures will be used to protect the confidentiality and security of these transactions.

How we handle sensitive personal information

Most of Uptivo's services are based on data collected about our products. Some of the data collected (such as heart rate data) is of such a nature that we need to ask your permission to collect or process it. Acceptance of this Privacy Policy includes your agreement to collect your heart rate data for the scope of use of the Uptivo product.

Managing personal information and its transfer outside the EU

Uptivo's services and products can be provided using resources and servers located in various countries (such as Italy and the Netherlands). Therefore, your information may be processed outside the country where the service you are using is based, including countries outside the European Economic Area (EEA) where the privacy protection standard does not meet the requirements established by the European Commission (such as the United States).

When you sign up for a service (such as Uptivo Flow) that requires the transfer of information to another country for processing, we ask for your permission for the transfer. When we transfer information, we comply with all applicable laws to ensure sufficient protection of your privacy. In general, when we transfer your personal data from one country to another, we apply the terms of the EU-U.S. agreements. Privacy Shield and Swiss-U.S. Privacy Shield or those of the agreements based on the European Commission's standard contractual clauses.

In line with the principles mentioned above, your information may be transferred or access to it may be granted to Uptivo fitness clubs that you have agreed to join. Uptivo clubs are not authorized to use personal information for other purposes and their services are always covered by a confidentiality clause.

Uptivo does not disclose any of your personal information without separate permission from you, unless it is necessary to manage your order, execute your request, or manage our interactive programs with customers. However, information may be disclosed if necessary due to the law, a court order, or a regulation or request issued by authorities.

For statistical purposes, Uptivo may deliver anonymized statistical data about its customers, sales, traffic types, business information, and similar website information to trusted third parties. These statistics do not contain any personally identifiable information.

Your rights

You always have the right to access your personal information. In some of the services, direct access is possible and, when necessary, our Customer Service can assist you and provide you with a copy of the personal information we have about you. You have the right to know what information about you has been collected, what this information is for and the parties, if any, to which it was disclosed. To verify your information in order to fulfill your request, we may need to ask for additional information.

Uptivo is authorized to manage your personal information when the management is based on a legitimate interest. We use this legal basis in some cases for our research and development activities because we want to constantly develop and improve our services. You have the right to object to the processing of your personal information for these purposes.

You always have the right to prohibit direct marketing. If you would like to stop receiving emails from Uptivo, follow the “unsubscribe” instructions within each email communication or deactivate emails from your Uptivo account. Uptivo will not provide or share any mailing lists to third parties for promotional purposes.

You have the right to correct or delete any of your information either by doing it directly yourself or by sending a request to our Customer Service. If you want your information deleted, we will delete your user credentials and all information and data related to you. After we have deleted your information, you can only use the service by creating a new user account.

You also have the right to withdraw your consent to manage your information in each service where we have requested your consent. Consent can be withdrawn within the service. Please note that for some services, withdrawing consent prevents us from offering the service to you.

You have the right to receive your information from Uptivo's systems in a machine-readable format when the processing of your information is based on your consent or on the execution of an agreement. You can also request that your information be transferred to a third party. Uptivo is not responsible for the ability of the third party's system to process information in the format used for the transfer.

Cookies

We use cookies on our website. You can find out more in our Cookie Policy.

Error log

To provide the best possible service in the event of a problem, we store error data on our devices (“Error log”). When you synchronize your device with the Uptivo service, the error log is copied to our server. The error log data is stored for a maximum of two months to ensure that we have the data at our disposal if you contact our Customer Service due to an error or problem.

Users under 16 years old

Our policy is to require that customers under the age of 16 not make purchases or engage in other legal acts on Uptivo's websites without the consent of a parent or legal guardian. For example, a user account for an Uptivo service can only be created for a user under the age of 16 with the permission of a guardian.

Changes to the Privacy Notice

This Privacy Notice was updated on 25 May 2018. We may occasionally make changes to this Privacy Notice and will notify our customers of such changes by email or through our services. If you have questions related to Uptivo's services or products, you can contact our Customer Service.

Contact Information:

Responsible for data processing:
Uptivo s.r.l.
Via della Valle, 46/B20841 Carate Brianza (MB)
Italy
+39.0362.18.57.437
support@uptivo.fit

Uptivo for Fitness Clubs and Personal Trainers

Uptivo is a free cloud-based fitness and training app and web service that helps you track your training activity and analyze your progress. Thanks to its features such as the Trainer's Diary, email notifications, in-app notifications, reports and training statistics, fitness club staff and trainers can monitor your progress and help you achieve your fitness goals.

People identified as Trainers or Managers in the Uptivo Club account can view and modify user information such as nickname, email, first name, last name, age and gender, heart rate zones, and more. Trainers and Managers are responsible for the accuracy of the information they modify. Under no circumstances can they use or communicate to third parties the user information acquired for the purpose of activating and providing the Uptivo service.

Athletes like you grant Clubs and Personal Trainers access to their personal data and the club/trainer-user relationship is based on the agreement between the parties. You can remove access from clubs and trainers to your data at any time by removing your subscription to their Uptivo cloud account. All your personal and training data is transferred to Uptivo's servers. Uptivo's Privacy Notice applies to data processing.

Support/Customer Service

Uptivo Customer Service helps you with any issues you may have with our products or services. Customers fill in the necessary information in the forms themselves, from where it is transferred to Uptivo's systems. The data stored in Uptivo's systems can be saved on servers located in Italy or in the EU.

The Contact Us form: The information recorded in this form is transferred to Uptivo Customer Service. This system is available to all Uptivo Customer Service personnel. The data recorded in the system are stored on the service provider's servers located in the EU. On this form, you are asked to provide your contact information (such as an email address and country) so that we can respond to your request. Your information is handled confidentially and the service provider has no access to the actual data.

Service: The information recorded on this form is used to connect the application and its owner, deliver a device in service or an ordered spare part to the customer, manage billing and payments, send address labels for returns, send automatic e-mail messages related to the progress and completion of the service, submit additional service-related requests, and provide a quote of the costs for the service. The address information is also transferred to external postal services for the delivery of the products.

You can also contact Uptivo Customer Service through social media channels (Twitter, Facebook, Instagram, LinkedIn, Google Plus).

Uptivo for Fitness Clubs and Personal Trainers

Uptivo is a free cloud-based fitness and training app and web service that helps you track your training activity and analyze your progress. Thanks to its features such as the Trainer's Diary, email notifications, in-app notifications, reports and training statistics, fitness club staff and trainers can monitor your progress and help you achieve your fitness goals.

People identified as Trainers or Managers in the Uptivo Club account can view and modify user information such as nickname, email, first name, last name, age and gender, heart rate zones, and more. Trainers and Managers are responsible for the accuracy of the information they modify. Under no circumstances can they use or communicate to third parties the user information acquired for the purpose of activating and providing the Uptivo service.

Athletes like you grant Clubs and Personal Trainers access to their personal data and the club/trainer-user relationship is based on the agreement between the parties. You can remove access from clubs and trainers to your data at any time by removing your subscription to their Uptivo cloud account. All your personal and training data is transferred to Uptivo's servers. Uptivo's Privacy Notice applies to data processing.

Uptivo.fit

The website Uptivo.fit is a public site that offers information about Uptivo and its products, services and collaboration partners. You don't need to register or provide information about yourself to use the website. However, Uptivo uses cookies to collect information about website traffic. To learn more about cookies, click here.

Uptivo Product Warranty

This Limited Warranty covers any defects in material or workmanship under normal conditions of use during the Warranty Period.
The Warranty Period for Uptivo products is specified below:

-Uptivo Bridge: covered for 12 (twelve) months.
-Uptivo Belt: Sensor covered for 24 (twenty-four) months, Uptivo Soft Strap covered for 3 (three) months.
-Uptivo Armband: Sensor covered for 24 (twenty-four) months, Uptivo Soft Strap covered for 3 (three) months.
-Uptivo Boxing Trackers: Sensors covered for 12 (twelve) months, Uptivo Wrist Strap covered for 3 (three) months.
-Uptivo Rider: covered for 12 (twelve) months.
-Uptivo Cycling Sensor: covered for 12 (twelve) months.

Uptivo's Responsibility

Uptivo reserves the right to verify actual defects or damage. Damaged products can be replaced with new or refurbished items, or they can be repaired at the manufacturer's discretion. To report damage or defects, contact Uptivo at the following email address: info@uptivo.fit

Limitation of Liability

This Limited Warranty does not cover:

1. Defects or damage resulting from accidents, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquids, moisture, moisture, sand or dirt, negligence, or unusual physical, electrical, or electromechanical stress.
2. Defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not provided or approved by Uptivo.
3. Devices with the serial number removed, damaged, altered, or made illegible.
4. Normal wear and tear.
5. Marginal defects that have a negligible effect on the value or functionality of the Product.
6. Defects or damage resulting from external causes such as collision with an object, fire, flood, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, or misuse of any electrical source.

Shipping a damaged or defective product to Uptivo does not result in a free repair under this Warranty policy. When received, Uptivo reserves the right to verify the validity of the Warranty.

TERMS OF USE

PayPal integration

Fitness Clubs with an Uptivo account may use PayPal payment services to allow the purchase of club subscriptions, subscriptions, credits, and the like as a means of payment for club activities, including but not limited to individual (PT) and group classes, gym access, wellness and beauty services provided as part of club activities, online and on-demand fitness services.

PayPal - Prohibited Activities

Clubs and club members cannot use the PayPal service provided as part of the Uptivo integration for activities that:

1. violate any law, statute, ordinance or regulation.

2. relate to transactions involving (a) narcotics, steroids, controlled substances or other products that pose a risk to consumer safety, (b) drug equipment, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activities, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racism or other forms of discriminatory intolerance or the financial exploitation of a crime, (g) items considered obscene, (h) items that violate O violate any copyright, trademark, right to publicity or privacy, or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives governed by applicable laws.

3. relate to transactions that (a) show the personal information of third parties in violation of applicable laws, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with the purchase of insurance policies or lottery contracts, lay-away systems, offshore banking services or transactions to finance or refinance debts financed by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h) involve currency exchange or check cashing activities, (i) involve certain credit repair services, debt resolution, credit or insurance activities, or (k) involve offering or receiving payments for the purpose of corruption or corruption.

4. involve the sale of products or services identified by government agencies as having a high probability of being fraudulent.