RELEASE OF LIABILITY & CONSENT TO COLLECTION OF USER DATA
This Release of Liability & Consent to Collection of User Data (the "Consent") governs your access and use of the software services and related equipment and corrective exercises (collectively, the "Service") provided by Physmodo ("Physmodo") and their respective representatives, agents, and licensees (collectively, the "Released Parties").
Updated: March 1, 2022
INFORMATION PHYSMODO COLLECTS
Personal Data is any information that personally identifies you, such as your name, email address or geographic location. Sometimes this Personal Data is needed when you engage with Physmodo. Physmodo may ask you to provide Physmodo with Personal Data on a voluntary basis in certain areas of the Service. In particular, to obtain access to the Service, Physmodo may request that you provide certain personal information, including name, email address, height, weight and birthdate and create a login name and password. Physmodo will use this information to maintain your account regarding the Service. Physmodo may use your information to communicate with you as necessary to facilitate your access to the Service.
HOW PHYSMODO USES GATHERED INFORMATION
In addition to the uses described above, the information gathered from or shared by you with Physmodo may be used as follows:
Personal Data: Personal Data collected by Physmodo may be used for purposes that include, without limitation, administration of the Service and communications with you, to assist you in finding information, services and software on the Service, to assist in creating and presenting content relevant to your needs, to maintain the highest quality of the Service, or other purposes as may be indicated at the time of disclosure. Physmodo may also provide Personal Data to its controlled subsidiaries, clients, affiliates, agents, and third-party service providers and vendors (collectively, the "Data Processors"). We require that these Data Processors agree to process Personal Data based on our instructions and in compliance with prevailing privacy laws and any other appropriate confidentiality and security measures. We also may share non-personal, aggregate information regarding customer demographics, traffic patterns, sales, and site usage with our Data Processors.
Third Party Email Addresses: If you register for the Service using an e-mail address that we recognize to be either a part of a third-party enterprise account for the Service, we may provide your name and email address to an administrator.
Other Uses: Physmodo may also disclose Personal Data if Physmodo in good faith believes that such action is necessary to (A) comply with the law or with legal process; (B) protect and defend Physmodo's rights and property; (C) protect against misuse or unauthorized use of the Service; or (D) protect the personal safety or property of Physmodo's users or the public. Please note that Physmodo may not provide you with notice prior to disclosure in such cases.
As a resident of a member nation of the European Union, we also provide you with the following rights under as required by the GDPR:
Right to Access: You can request information about the Personal Data we hold about you and request a copy of such Personal Data.
Right to Rectifications: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to limit or withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Service.
Right to Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
Right to Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to Deletion: You can request that we erase some or all of your Personal Data from our systems. Please note that if you request the deletion of information required to provide the Service to you, your user account will be deactivated and you will lose access to the Service.
Right to Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
TRANSFER OF PERSONAL DATA
Except as otherwise described in this Policy, Personal Data which you provide on the Service will not be shared outside of Physmodo and its controlled subsidiaries, clients, affiliates, agents, and third-party service providers and vendors without your permission. The Service is hosted and operated in the United States ("U.S."), with development, support and maintenance operations in other countries through Physmodo and its service providers. If you do not reside in the U.S., laws in the U.S. (and other countries) may differ from the laws where you reside. By using the Service, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Physmodo in the U.S. and will be hosted on U.S. servers, and you authorize Physmodo to transfer, store, host and process your information to and in the U.S., and possibly other countries. You hereby consent to transfer of your data to the U.S. pursuant to either, at Physmodo's discretion, the EU-U.S. Privacy Shield Framework, the details of which are further set forth below, or the standard data protection clauses promulgated by the EC, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087
CLOSING YOUR ACCOUNT
You may close an account, and upon termination of your account, we will take reasonable steps to provide, modify, or delete your Personal Data as soon as is practicable. However, Physmodo may nevertheless retain your Personal Data in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, complying with our legal obligations, resolving disputes, and enforcing agreements.
PRIVACY SHIELD INFORMATION FOR EU/SWISS RESIDENTS
In compliance with the Privacy Shield Principles, Physmodo commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Andrew Menter at email@example.com
Physmodo has further committed to refer unresolved Privacy Shield complaints to the International Centre for Dispute Resolution (ICDR- AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit http://go.adr.org/privacyshield.html for more information or to file a complaint. The services of the ICDR- AAA are provided at no cost to you.
Under certain conditions, which are described in greater detail on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
SPECIAL NOTICE TO CALIFORNIA RESIDENTS
You have the right not to receive discriminatory treatment by Physmodo for the exercise of your privacy rights conferred by the CCPA. Unless permitted by the CCPA, we will not:
If you are a California resident and request information about how to exercise your third party disclosure choices, please email a request to Physmodo at firstname.lastname@example.org with a preference on how Physmodo’s response to your request should be sent.
COMMITMENT TO CHILDREN’S PRIVACY
The Service incorporates reasonable safeguards to protect the security, integrity, and privacy of the personal information Physmodo has collected. Security of information communicated by or to Physmodo over the internet is of utmost concern to Physmodo; however, no data transmission over the internet can be guaranteed to be 100% secure. Any transmission is at your own risk. Please note that your email, like most, if not all, non-encrypted internet communications, may be accessed and viewed by other internet users, without your knowledge and permission, while in transit to or from Physmodo. While Physmodo strives to protect your Personal Data, Physmodo cannot ensure or warrant the security of any information you transmit to Physmodo or through the Service. Once Physmodo receives your transmission, Physmodo will use reasonable efforts to ensure its security on Physmodo's internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived.
COOKIES, WEB BEACONS AND OTHER TRACKING TOOLS
DISCLOSURE THROUGH BUSINESS TRANSFERS
As Physmodo continues to develop its business, Physmodo may buy, merge or partner with other companies or businesses, and in so doing, acquire or share customer information. In such transactions, your information may be among the transferred or shared assets. Similarly, in the event that a portion or substantially all of Physmodo's assets are sold or transferred to a third party, customer information (including Personal Data) would likely be one of the transferred business assets.
SHALL YOU DESIRE TO EXERCISE YOUR RIGHTS REGARDING YOUR PERSONAL DATA OR HAVE QUESTIONS REGARDING THIS POLICY, YOU MAY CONTACT PHYSMODO AT PRIVACY@PHYSMODO.COM.
YOU MAY ALSO CONTACT PHYSMODO IN WRITING AT THE FOLLOWING ADDRESS:
ATTN: CHIEF LEGAL REPRESENTATIVE
2251 VANTAGE STREET, SUITE 100
DALLAS, TEXAS 75252