Tempo Interactive Inc. d/b/a Tempo (“Tempo,” “we,” “our,” or “us”) is a provider of fitness technology hardware and services that blend computer vision, machine learning, and human expertise to deliver a superior training experience. Your privacy is important to us and we are committed to protecting it. Your choice to share information with us is a critical part of our services which aim to improve your overall fitness.
This privacy policy (“Privacy Policy”) explains how and why we collect, use, and share the information we collect through our websites and mobile applications, including tempo.fit (our “Sites”), through your use of our live and pre-recorded fitness classes and training programs (“Tempo Classes”), and through other services available through your Tempo device and subscription, as well as from your interactions directly with us (collectively, our “Services”). The terms “you,” “your” or “user” means the users of the Site and Services.
This Privacy Policy does not cover or apply to our processing of information about employees, contractors, trainers, or other business partners.
BY PROVIDING US WITH YOUR PERSONAL INFORMATION OR OTHERWISE USING OUR SERVICES, YOU ARE AGREEING TO THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF SERVICE.
Information We Collect And Use
We generally collect two types of information from and about you in connection with the Services:
Personal Information. Information that identifies, relates to, or could reasonably be linked to you, such as your name, email address, physical address, telephone number, social security number, records of products or services purchased, internet browsing history, geolocation data, information regarding interaction with a website, professional information, and inferences drawn from personal information to create a profile about your preferences and characteristics (collectively, “Personal Information”). It does not include information that is aggregated, deidentified, legally publicly available, or information that cannot be reasonably linked to you.
Non-Personal Information. All other information other than Personal Information, which does not personally identify you (“Non-Personal Information,” together with Personal Information shall be collectively referred to herein as “Information”).
We collect your information from a variety of sources, including:
A. Information You Provide to Us
Communicating With Us. If you communicate with us through any paper or electronic form, we collect your contact information, such as your name, address, email address and phone number, the content of the communication and the metadata associated with the communication. We use this information to investigate and respond to your inquiries and to communicate with you, including through the website or by email, mail, phone, text message, push notification, chat or any other paper or electronic form.
Signing Up For Newsletters. If you sign up to receive news or alerts from us or register for an account, we collect your contact information, applicable interests and communication preferences in order to send you regular updates about the Services. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you wish to stop receiving email messages from us, please see the “Online Privacy Choices" section below.
Registering and Subscribing. If you register for a Tempo account (“User Account”) or subscribe to our Service, we will collect your contact, registration and billing information, including your name, age, payment information, physical address, email address, username and password, and basic information about your fitness lifestyle and goals. You may choose to add a profile photo and location. You may also connect your Tempo user profile (“User Profile”) with other Tempo users and trainers to follow their activities and share your own. We use this information to complete your transaction, manage your Tempo subscription, enable you to create a User Profile, enable social sharing within the Services, communicate with you about your Tempo subscription, for customer support purposes and to provide you with personalized recommendations for your workouts.
Ordering. If you purchase Tempo products, including the Tempo device, weights and accessories, and heart rate monitors (collectively, “Tempo Equipment”), we will collect your contact, shipping and billing information, including your name, payment information, physical address and email address. We will use this information to complete your transaction, fulfill your order, communicate with you about your order, ship you the product you ordered and for customer support purposes.
Signing Up for Tempo Classes. When you sign up for Tempo Classes and otherwise use the Services, we collect your availability, User Profile information, training history, fitness goals and your preferences for a trainer or class style. We will use this information to better personalize your workout and for customer support purposes.
Applying for Employment. If you apply for employment, we collect your contact and demographic information, educational and work history, employment interests, information obtained during interviews and any other information you choose to provide. We use this information to evaluate your candidacy for employment, to communicate with you during the application process and to facilitate the onboarding process.
Participating in Events, Surveys, Contests or Sweepstakes. If you fill out any forms relating to Tempo events, surveys, contests or sweepstakes, we collect your contact and demographic information and any other information requested on the form. We use this information to fulfill the purpose of the form and facilitate the event, contest, survey, or sweepstakes, and to inform you about future programs that may be of interest to you.
Tempo User Support. If you contact our customer support or file a support claim with us, we collect information about your User Account, your Tempo device, information relating to your user support requests and any other information you choose to provide. We use this information to administer your User Account and to evaluate and respond to your request.
B. Information from Third Party Sources
We may receive Personal Information about you from our business partners and service providers and combine this Information with other Information we collect from or about you (“Third Parties”). The Third Parties may include the Apple App Store or Google Play App Store, social media sites such as Facebook where you have interacted with us or made your profile public via your privacy settings, website operators, payment processors, marketing partners, shipping providers, job application platforms, references, background check providers and recruiters. The Information may include contact information, demographic information, interests, information about your orders, social media profiles, educational and professional history, background checks and performance reviews. We use this Information to administer and facilitate our Services, your orders, our marketing activities, to provide you with information about our business and Services, and for the discovery and evaluation of job candidates.
Even if you delete your account on a Third Party, we will retain any Information provided by that Third Party. Similarly, if you delete or deactivate your User Account on the Services, any Information that we have shared with Third Parties (in accordance with this Privacy Policy) may be retained by those Third Parties subject to their privacy policies. We strive to work only with third parties that adhere to data privacy practices at least as protective of users as this Privacy Policy.
C. Information We Collect Automatically
We use various technologies to collect information about the device or browser you use to navigate our Sites, or from your use of our Services, including:
Workout Data. When you participate in a Tempo Class, our systems automatically collect information about your workout history, such as your total number of Tempo Classes taken, the dates you took those Tempo Classes, fitness performance history (including leaderboard rank, achievements earned, total output, calories burned, range of motion data), and to the extent you have worn a heart rate monitor that you have connected to your Tempo Equipment, information about your heart rate over the course of the class. Our 3D computer vision technology also senses your body movements and kinetics, so that every rep is counted and so you can get feedback on your form in real-time. Additionally, Tempo Equipment and Sites may make use of your sensor array, which – at your direction – enable us to give you real-time feedback and to let you communicate with other users. We use this information to help you track your progress, to enable and facilitate our Tempo Classes, and the other Services, and to enable you to build your User Profile and share your successes with your friends.
Web Logs and Usage Data. As is true of many websites, email communications and online services, we gather certain information automatically and store it in log files. This information may include IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data. We use this data to analyze trends on our Sites, manage and administer the content, for security and availability of the Services, improve the performance of the Services, and for fraud protection and to protect our rights and the rights and safety of individuals. Additionally, we may collect a record of the workouts and Tempo Classes you have accessed on the Services, including titles, trainers, date, time, duration of the Tempo Class and the duration of your participation, which we use for our own internal analytics and to recommend other content you may find interesting.
Cookies and Other Data Collection Technologies. We and our service providers use cookies, scripts and similar technologies to manage the Sites and to collect information about you and your use of our Sites. These technologies help us to recognize you, customize or personalize your experience, advertise products or services to you and analyze the use of our Sites to make them more useful to you. These technologies may also allow us to aggregate demographic and statistical data and provide this information to our service providers to facilitate their provision of services. Most internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. For information on how to do this, access the “help” menu on your internet browser, or access how to control cookies. Please note, however, that disabling our cookies may result in your inability to take full advantage of all of the features of our Services.
Location Information. We may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your smart device’s proximity to location beacons. We may use this type of information to enhance your user experience (such as using location information to provide you with content tailored to your region), to better understand your interaction with our Services, or to enable you to track your outdoor fitness activities. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third-party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your smart device or contact us using the information below for additional support.
Google Analytics. We use Google Analytics to collect information about your use of the Services. Google Analytics collects information such as how often users access the Services, what pages they access when they do so and what other sites they used prior to using the Services. We use the information we get from Google Analytics only to improve the Services. To learn more about the use of data collection technologies by Google for analytics and to exercise choice regarding those technologies, please visit the Google Analytics Opt-Out browser add-on page.
D. Other Uses of Personal Information
In addition to the uses described above, we may collect and use Personal Information for the following general purposes:
To develop, maintain, improve and operate the Services.
To personalize your user experience, open a User Account for you, and allow you to take our Classes.
To allow you to make purchases of our Equipment and Services and to provide our Services to you.
To monitor your performance to help you meet your fitness goals.
To communicate with you to provide technical or administrative support.
To conduct, manage and grow our organization.
To analyze, research and investigate the use of our Services.
To provide you with online advertisements and marketing emails based on your interests.
To prevent, investigate and provide notice of fraud, unlawful or criminal activity, unauthorized access to or use of Personal Information, the Services or our data systems, and to meet legal, regulatory, judicial and institutional policy obligations.
To protect the health and safety of our users and the general public.
To investigate and resolve disputes and security issues and to enforce our Terms of Service.
To comply with legal obligations.
For any other lawful, legitimate business purpose.
How We Share And Disclose Personal Information
We do not sell your Personal Information to Third Parties. We may share your Personal Information in the following ways:
Service Providers. We share personal information with third-party service providers who perform services on our behalf, such as job application platforms, background check providers, recruiters, event coordinators, market research providers, advertising partners and technology providers (e.g. technology support providers, email communications providers, analytics providers, data storage providers and web and video hosting providers and developers), shipping providers, and fitness instructors.
Business Partners. At your request or for purposes otherwise consistent with this Privacy Policy, we may disclose Personal Information to our third-party business partners to promote their products or services that we believe may be of interest to you.
Other Users. Information included in your User Profile, including your workout history and achievements earned through the Services, and if you have provided it, your User Profile photo, location, and age, may be available to other users by default, which means that other registered users will also be able to view this information, and contact or follow you through the Services. You have the option to set your User Profile to “Private,” which means you will not appear on public leaderboards or be discoverable by other users.
Payment Processors. When you make purchases through the Services, we process your payments through a third-party application, such as an App Store or, in the case of purchases through the website, via a third-party payment processor. In these instances, the third-party application may collect financial information from you to process your payment on our behalf, including your name, email address, address, payment card information and other billing information. The use and storage of your financial information is governed by the third-party app’s terms, conditions and privacy policies.
Regulatory or Legal Requirements, Safety and Terms Enforcement. We may disclose Personal Information to governmental regulatory authorities as required by law, including for tax or accounting purposes, in response to their requests for such information or to assist in investigations. We may also disclose Personal Information to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or any other person, to protect against fraud or credit risk, or to enforce our legal rights or contractual commitments that you have made.
Business Transfers. We may disclose Personal Information as part of an organizational business transaction, such as a merger, acquisition, joint venture, financing, or sale of organizational assets and may transfer Personal Information to a third party as one of the business assets in such a transaction. We may also disclose Personal Information in the event of insolvency, bankruptcy, or receivership.
Other than as set out above, you will receive notice when Personal Information about you might be shared with third parties, and you will have an opportunity to choose not to share the Personal Information. We may use any and all Non-Personal Information collected from or about you for any reasonable purpose that is necessary to provide the Services.
Online Privacy Choices and User Rights
Ad Partners
We support the self-regulatory principles of the Digital Advertising Alliance (“DAA”). We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use data collection technologies to understand how our Services are being used and to analyze your location and browsing history in order to deliver advertising relevant to your interests, as well as to provide advertising-related insights such as reporting, attribution, analytics, and market research. These advertisements may appear on our Services or other websites or services, including through social media networks. These Ad Partners may be able to associate devices across third party websites or services over time and link various devices used by the same individual. Tempo does not control these Ad Partners, and/or their use of tracking technologies, which is instead governed by the privacy policies of the Ad Partners.
For more information about how Ad Partners use the information collected by these technologies and your options for restricting cookies placed by some of these Ad Partners, please visit the DAA’s opt-out page. The DAA’s opt-outs are device-and browser-specific and may not work on all devices. If you choose to opt-out through the DAA’s tools it does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.
You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting app choices and downloading the mobile AppChoices app.
Privacy Preferences
You have some choices regarding how we use your Personal Information, including the following:
Access to Your Mobile Device Information. You may control the Site’s access to your mobile device information through your “Settings” app on your device. For instance, you can withdraw permission for the Sites to access your geolocation, camera and to integrate with your other applications.
How to Control Your Email Communications Preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications or by emailing us at hello@tempo.fit. You may not opt-out of Service-related communications (e.g., User Account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
How to Control Push Notifications. You can stop receiving push notifications from us by changing your preferences in the iOS or Android notifications settings menu.
Modifying or Deleting Your Information. If you have any questions about reviewing, modifying, or deleting your Information, you can contact us directly at hello@tempo.fit. We may not be able to modify or delete your Information in all circumstances.
Additionally, if you have registered for a User Account, you may have the ability to access and use certain features and functionality that provide you with the ability to set certain privacy, permissions, and account options. Please be aware that that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Services.
Retention of Your Information
We retain your Information for as long as it is needed to provide you with Services, or for other purposes described in this Privacy Policy, and for as long as legally required. We do not retain your Information for longer than is necessary for these purposes. The retention period for any particular Information will vary depending on the nature of that Information and the purposes for which it is collected and processed, your exercise of your privacy choices above, and applicable laws.
You Information may be transferred, processed and stored anywhere in the world, including but not limited to, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers.
Children's Privacy
These Services are not designed to be used by minors. As such, we do not knowingly collect or solicit any Information from anyone under the age of 13 and the Services are not targeted towards anyone under the age of 13. In the event that we learn that we have inadvertently collected Personal Information from someone under age 13, we will delete that information as quickly as possible. If you believe that we might have received Information from a child under 13, please contact us at hello@tempo.fit.
Links To Other Websites And Services
The Services may contain links to third party websites or services, including those of our business partners and social media sites. Our Services may also include buttons and widgets hosted by other companies (for example, the Facebook, Instagram, Twitter, LinkedIn and YouTube “Share” buttons). Some of these features collect Personal Information or other Information such as your IP address and information about the websites you have visited.
This Privacy Policy does not apply to the practices of these or any other third parties. Tempo is not responsible for the privacy practices of any entity that it does not own or control. We encourage you to review the privacy policies and terms of those third parties to learn more about their privacy practices.
Security
While no data transmission over the internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. Unfortunately, the transmission of Information via the internet is not completely secure. Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted to or through the Services. Any transmission of Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
It is important for you to protect against unauthorized access to your password and to your computers and devices. Be sure to sign off when finished using a shared computer.
How To Contact Us
If you have any questions about this Privacy Policy or the Services, please contact us by email at hello@tempo.fit.
Changes To Our Privacy Policy
This Privacy Policy is subject to occasional revisions. We will notify you of the changes by posting the new privacy policy on the Sites and updating the effective date. We encourage you to check this page periodically to stay informed about how we are processing Personal Information. Your continued use of the Site or Services following any such change constitutes acceptance of the updated Privacy Policy.
California Users’ Privacy Policy Rights Notice
In addition to your rights provided for above in this Privacy Policy, if you are a California resident, you have additional rights in relation to your Personal Information, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). This California Privacy Rights Notice (“California Notice”) sets out those additional rights. Any terms defined in the CCPA have the same meaning when used in this California Notice.
Your Rights to Know, Access, Correct, and Delete Personal Information
To the extent provided by law, up to twice per year, you may request that we disclose to you free of charge:
the categories of Personal Information we collected about you in the 12-month period preceding your request;
the categories of sources from which the Personal Information is collected;
our business purpose for collecting, selling, or sharing Personal Information;
the categories of third parties with whom we share Personal Information;
the specific pieces of Personal Information we collected about you; and
the categories of Personal Information about you that we sell or disclose to third parties.
You may request that we correct any inaccurate Personal Information that we collected from you. To the extent provided by law, you may also request that we delete your Personal Information.
If you would like to access, manage, change, correct, limit, or delete your Personal Information, you can do so via your User Account settings. Alternatively, to exercise the rights described above, please email your request to hello@tempo.fit.
We will confirm receipt of your request with 10 business days. We will respond to your request within 45 calendar days of receiving your request, and notify you if we need an additional 45 days to respond.
Verifying Requests
When you ask us to disclose specific pieces of Personal Information to you or to delete Personal Information we obtained from you, we have to verify your identity before processing your request. If we are unable to verify your identity we may deny your request at our discretion. As a part of this process, we will match the identifying information provided by you to the Persona Information we have about you. We may ask for additional Personal Information such as government or other identification, along with your name, address history, and information about your previous interactions with us. More stringent verification is required if you do not have or cannot access your User Account with us.
An Authorized Agent Can Make Requests on Your Behalf
You may designate an authorized agent to make a request to access or a request to delete on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide the agent with a valid power of attorney. We will also request your valid government issued identification and the authorized agent’s valid government issued identification. We may verify the authenticity of the request directly with you, and may deny requests from authorized agents who do not submit sufficient proof that they have been authorized by you to act on your behalf, or are unable to verify their identity.
Categories of Personal Information We Collect
Pursuant to the CCPA, this section describes: 1) disclosure of the categories of your Personal Information we collected in the 12 months prior to the “Last Updated” date of this Privacy Policy; 2) identification of the categories of sources from which your Personal Information is collected; and 3) the categories of Personal information that we disclose to third parties, and the categories of third parties to whom the information is disclosed. Additional information about these categories can be found in the previous Privacy Policy sections above. The categories are as follows:
Identifiers. This includes information like your name, alias, postal address, online identifier, physical characteristics, images of you, IP address, email address, User Account name and number, birthdate, driver’s license or other government issued identification, and last 4 digits of your social security number.
Categories of Sources Collected From. We collect these from: 1) you directly; 2) third-party service providers, such as social media; and 3) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) third-party service providers, such as payment processors and shipping services; 2) business partners; and 3) other Tempo users.
Other Personal Information protected under Cal. Civ. Code 1798.80(e). This includes your telephone number, billing address, credit or debit card information, signature, and bank account information.
Categories of Sources Collected From. We collect these from: 1) you directly.
Categories of Third Parties Shared With. We may share these with: 1) third-party service providers, such as payment processors and shipping services.
Protected Classifications Under California or Federal Law. This includes demographics such as your age, marital status, race, religion, national origin, disability, sexual orientation, or gender. You may voluntarily provide such information in relation to your Account Profile or specific marketing and advocacy projects and campaigns.
Categories of Sources Collected From. We collect these from: 1) you directly; and 2) third-party service providers, such as social media.
Categories of Third Parties Shared With. We may share these with: 1) third-party service providers, such as survey providers; 2) other Tempo users; 3) Ad Partners; and 4) business partners.
Commercial Information. This includes records of Tempo Equipment or Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us; 2) third-party service providers; 3) data vendors and brokers; 4) Ad Partners; and 5) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) third-party service providers; and 2) our business partners.
Internet or Other Electronic Network Activity Information. This includes your interactions with our Services and what led you to our Services, such as browsing history search history and information regarding your interaction with a website or advertisement.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us; 2) third-party service providers; 3) data vendors and brokers; 4) Ad Partners; and 5) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) third-party service providers; 2) business partners; and 3) Ad Partners.
Geolocation Data. This includes the location of your device or computer and IP address.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us; 2) third-party service providers; 3) data vendors and brokers; 4) Ad Partners; and 5) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) third-part service providers; 2) business partners; and 3) Ad Partners.
Audio, Electronic, Visual, or Thermal Information. This includes images and videos collected or stored in connection with the Services, including your User Profile photo and audio recordings.
Categories of Sources Collected From. We collect these from: 1) you directly; and 2) automatic data collection technologies including our 3D computer vision technology.
Categories of Third Parties Shared With. We may share these with: 1) service providers, such as service providers who review any recordings of customer service phone calls for quality assurance purposes and fitness instructors; and 2) other Tempo users.
Professional or employment-related Information. This includes your title and where you work.
Categories of Sources Collected From. We collect these from: 1) you directly.
Categories of Third Parties Shared With. We may share these with: 1) third-party service providers such as background check providers; and 2) business partners.
Education Information.
Categories of Sources Collected From. We collect these from: 1) you directly.
Categories of Third Parties Shared With. We may share these with: 1) third-party service providers such as background check providers; and 2) business partners.
Inferences Drawn from Information. This includes information about your interests and purchase preferences.
Categories of Sources Collected From. We collect these from: 1) you directly and our observations of your interaction with us; 2) third-party service providers; 3) data vendors and brokers; 4) Ad Partners; and 5) automatic data collection technologies.
Categories of Third Parties Shared With. We may share these with: 1) third-party service providers; 2) Ad Partners; and 3) business partners.
We may also disclose Personal Information: 1) to governmental regulatory authorities as required by law; 2) to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or any other person, to protect against fraud or credit risk, or to enforce our legal rights or contractual commitments that you have made; 3) as part of an organizational business transaction, such as a merger, acquisition, joint venture, financing, or sale of organizational assets; and 4) in the event of insolvency, bankruptcy, or receivership.
The Purposes for Our Collection of Your Personal Information
The CCPA requires disclosure of the business or commercial purpose for our collecting and disclosing of your Personal Information. We collect, use, and disclose the categories of Personal Information for our business and commercial purposes described in the “Information You Provide to Us,” “Information from Third Party Sources” and “Other Uses of Personal Information” sections above, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase transactions, processing payments, and for providing advertising and marketing services.
Your Rights Regarding the Sale of Your Personal Information
We will not sell Personal Information about you, as defined under the CCPA. You do not need to “opt-out” or tell us to refrain from selling your Information.
Your Right to Nondiscrimination
Limiting use of, or deleting, your Personal Information, or restricting certain Personal Information we may share with third parties, may impact features and uses that rely on the use of sharing of that information. However, we will not discriminate against you for exercising any of your rights under the CCPA, including otherwise denying you goods or services, providing you with a different level or quality of Services, or charging you different prices or rates for Services.
Accessibility
If you have a disability and would like to access this Privacy Policy in an alternative format, please contact us by email at hello@tempo.fit.
Contact Us
If you have questions about these practices, you can contact by email at hello@tempo.fit.
In addition to the rights above, pursuant to California Civil Code sections 1798.83-1798.84, once per year and at no charge, California residents who share Personal Information with us have the right to request and obtain: 1) a list of third parties to whom we have disclosed their Personal Information for direct marketing purposes in the prior calendar year; and 2) the type of Personal Information disclosed to those third parties. If you would like to exercise this right, please use the contact information listed in this section to contact us.