Tempo Privacy Policy

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. We recognize that your privacy is important, and that your choice to share information with us is a critical part of how we can try to improve your overall fitness. Transparency is vital to protecting people’s privacy. We’ve developed this privacy policy to explain our technologies and to describe how and why we collect, use, and share your information both online and through our devices.

This privacy policy explains how we collect, use, and share your information, and some of the choices you may have. This privacy policy applies to our collection of personal information through our websites and mobile applications, including tempo.fit (our “Sites”), through your use of our live and pre-recorded fitness classes and other services available through your Tempo device and subscription, and from your interactions directly with us (collectively, our “Services”).

Please note that this privacy policy does not cover or apply to our processing of information about employees, contractors, trainers or other business partners. We may provide additional privacy policies to you at the time we collect your information, which will govern how we process the information you provide at that time.

BY PROVIDING US WITH YOUR PERSONAL INFORMATION OR OTHERWISE USING OUR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY NOTICE AND OUR TERMS OF SERVICE.

Information We Collect And Use

When we use the term “personal information,” we mean any information that can be used to identify you, directly or indirectly, as an individual person.

We collect your information from a variety of sources:

1. Information You Provide to Us.

   We collect and use personal information you provide to use in the following ways:

   • Communications 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.
   • 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 an 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 also connect your 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 subscription, enable you to create a user profile, enable social sharing within the Services, communicate with you about your subscription, for customer support purposes and to provide you with personalized recommendations for your workouts.
   • Ordering If you purchase Tempo equipment, including the Tempo device, weights and a heart rate monitor, 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.
   • Classes and Training When you sign up for classes and training session and otherwise use the Services, we collect your availability, profile information, including 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.
   • Employment Applications 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.
   • 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, contest 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 account, your device, information relating to your user support requests and any other information you choose to provide. We use this information to administer your account and to evaluate and respond to your request.

2. 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. 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.

3. 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 class or training program our systems automatically collect information about your workout history, such as your total number of classes taken, the dates you took those 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 fitness 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 classes, training sessions 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 programs you have accessed on the Services, including titles, trainers, date, time, duration of the program 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.

4. Other Uses of Personal Information

   In addition to the uses described above, we may collect and use personal information for the following purposes:

   • To develop, maintain, improve and operate the Services.
   • To personalize your user experience.
   • 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 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.
   • For any other lawful, legitimate business purpose.

How We Share And Disclose Personal Information

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 (including technology support providers, email communications providers, analytics providers, data storage providers and web and video hosting providers and developers) 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.
• 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 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 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 or our equipment, 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.
• At Your Request We may disclose your information publicly or with another third party with your prior authorization.

Online Privacy Choices

1. Information You Provide to Us.

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.

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.

2. 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., 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.

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 on the Services 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.

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.