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. Your choice to share information with us is a critical part of our services which aim to improve your overall fitness.
Information We Collect And Use
We generally collect a few 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, de-identified, 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
We may collect the following Personal Information that individuals provide in connection with our Services:
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.
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.
Feedback Information. If you choose to provide feedback regarding the Services, we collect any information you provide regarding our Services. We use this information to improve the Services and to provide other users with information about your experience.
Testimonial Information. If you agree to provide a testimonial regarding the Services, we collect information including your name and the testimonial statement regarding the Services. We use this information to provide other users with information about your experience.
Refer a Friend Information. If you refer a friend to the Services, we may collect your name and email address, as well as your friend’s email address. We use this information to facilitate the referral process.
B. Information from Third Party Sources
We also obtain Personal Information from other sources, which we often combine with personal information we collect either automatically or directly from individuals. We receive the same categories of personal information as described above from the following sources and third parties:
Affiliates. We may receive Personal Information from other companies owned or controlled by Tempo, and other companies owning or under common ownership with Tempo. This includes any subsidiaries (i.e., any organization we own or control) or our parent company (i.e., any organization that owns or controls us) and any subsidiaries it owns.
Service Providers. Our service providers that perform services solely on our behalf, such as website operators, payment processors, marketing partners, shipping providers, job application platforms, references, background check providers and recruiters, collect personal information and often share some or all of this information with us in connection with the facilitation of our Services.
Business Partners. When you engage in some of our promotions or sweepstakes that we collaborate in with third parties, we may receive your personal information from our business partners, such as email and promotional information in connection with the facilitation of the promotion or sweepstakes.
Mobile App Stores. When you download the mobile application from the Apple App Store or Google Play App Store, we may receive your personal information from them in order to provide the Services.
Social Media Platforms. When you interact with us through various social media platforms, we may receive some information about the individual that they permit the platform to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the platform. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and platforms before sharing information with us or the social media platform.
Information Providers. We may from time to time obtain information from third party information providers from whom you have permitted to share your personal information, including marketing providers. We use this information to correct or supplement other personal information we collect.
Publicly Available Information. We may also collect Personal Information from publicly available sources, such as government records or publicly available websites, to supplement other personal information we collect.
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 movement kinetics data and camera recordings, which enable us to give you real-time feedback and to let you communicate with other users. We will not save or upload the color video recordings without your consent. 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 personalizing the user experience.
Location Information. We may collect location-based information including your Internet protocol (IP) address, and shipping address. 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. 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.
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.
For any other purpose with your consent.
We may aggregate, de-identify, and/or anonymize any information collected through the Services so that such information is no longer reasonably capable of being associated with you. We may use aggregated or anonymized information for any purpose, including for research and marketing purposes, and we may also share such information for any purpose with any third parties, at our discretion.
How We Share And Disclose Personal Information
We may share your Personal Information in the following ways:
Affiliates. We may share Personal Information among our affiliates, including other companies owned or controlled by Tempo and other companies owning or under common ownership with Tempo, for business purposes.
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, payment processors, and web and video hosting providers and developers), shipping providers, and fitness instructors.
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.
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, to enforce our legal rights or contractual commitments that you have made, or to otherwise comply with the law.
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, or in a diligence leading up to a potential organizational business transaction. We may also disclose Personal Information in the event of insolvency, bankruptcy, or receivership.
With Your Consent. We will disclose your Personal Information where we have your consent to do so.
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
We may share, or we may permit third-party online advertising networks, social media companies, and other third-party services, to collect information about your use of our Site over time so that they may play or display ads that may be relevant to your interests on other websites or apps, or on other devices you may use. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including hashed data, clickstream information, browser type, time and date you visited the website and other information. This information is used to display targeted ads on or through our Services or on other websites, apps, or services. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests. We may also display targeted advertising to you through social media platforms, such as LinkedIn, Facebook, TikTok, Twitter, Google, Pinterest, and others. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. These advertisements are governed by the privacy policies of those social media companies that provide them.
Google Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to our Services.
You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available here, or by visiting NAI’s online resources available here.
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 firstname.lastname@example.org. 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 email@example.com. 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
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.
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 firstname.lastname@example.org.
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.
Region Specific Disclosures
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions, or states. Please refer below for disclosures that may be applicable to you:
If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at email@example.com.
How To Contact Us
Scope of Disclosures. When we use the term “personal information” in this California Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include information that is made publicly available from government records, that is de-identified or aggregated such that it is not reasonably capable of being associated with an individual, or that is otherwise excluded from the CCPA’s scope.
For the purposes of this CA Notice, personal information does not include:
Publicly available information from government records.
De-identified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.
Information excluded from the CCPA's scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
Categories of Personal Information We Collect
In the last 12 months, we have collected the following categories of Personal Information from or about you:
Identifiers, such as name, alias, postal address, online identifier, physical characteristics, profile photos, IP address, email address, User Account name and number, birthdate.
California Customer Records (Cal. Civ. Code 1798.80(e)), such as telephone number, billing address, credit or debit card information, signature, and bank account information.
Protected Classifications Under California or Federal Law, such as your age, marital status, race, religion, national origin, disability, sexual orientation, or gender.
Commercial Information, such as records of Tempo Equipment or Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or Other Electronic Network Activity Information, including interactions with our Services, browsing history, search history and information regarding your interaction with a website or advertisement.
Geolocation Data, including the approximate location of your device or computer as determined through data like your IP address.
Audio, Electronic, Visual, or Thermal Information, including images and videos collected or stored in connection with the Services, including your User Profile photo and customer phone call audio recordings and camera workout recording with your consent.
Professional or employment-related Information, including your title and where you work.
Sensory information, such as your heart rate and body movements.
Other Personal Information, such as testimonial information, inquiry or feedback information, and any other personal information an individual chooses to provide to us.
Inferences, including information about your interests and purchase preferences.
How We Use Personal Information
Disclosure and Sale of Personal Information
Disclosure for Business Purposes
In the last 12 months, we have disclosed for business purposes all categories of Personal Information outlined above to the following categories of recipients: Affiliates, Business Partners, Service Providers, and certain other third parties where individuals have provided consent or direction, or where we are complying with law or protecting our rights (such as to our legal advisors).
Sale of Personal Information
As is common practice among companies that operate online, in the last 12 months, we have allowed certain third-party providers to collect information about consumers directly through our website and other online services for purposes of analyzing and optimizing our services, delivering ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. As a result of this practice, in the last 12 months, we have sold the following categories of personal information to these third-party providers, subject to each consumer’s settings and their right to opt-out:
Identifiers, such as IP address.
Commercial Information, such as service information, including services of interest or orders made in connection with our services.
Internet/Network Information, such as log data (including operating system and browser type) and analytics data (including usage and activity on our website and online services);
Geolocation Data, such as general geographic location based on IP address.
Since our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 16, we do not sell Personal Information of consumers we know to be under the age of 16.
Your Rights to Know, Access, Correct, and Delete Personal Information
If you are a California resident, the CCPA allows you to make certain requests about your Personal Information. Specifically, the CCPA allows you to request us to:
The Right to Know
You have the right to request any or all of the following information relating to the personal information we have collected about you or disclosed in the last 12 months, upon verification of your identity:
The specific pieces of personal information we have collected about you;
The categories of personal information we have collected about you;
The categories of sources of the personal information we have collected about you;
The categories of personal information that we have disclosed about you to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
The categories of personal information we have sold about you (if any), and the categories of third parties to whom this information was sold; and
The business or commercial purposes for collecting or, if applicable, selling personal information about you.
The Right to Request Deletion
You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
The Right to Correct
You have the right to request the correction of inaccurate personal information.
The Right to Opt Out of Personal Information Sales
You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future.
The Right to Non-Discrimination
You have the right not to receive discriminatory treatment for exercising any of the rights described above.
However, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner.
“Shine the Light”
California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83).
How to Exercise Your California Privacy Rights
Exercise Your Right to Know, Right to Deletion, or Right to Correct
Please submit a request by:
Emailing firstname.lastname@example.org with the subject line “California Rights Request”; or
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 Personal 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.
Financial Incentive. We offer consumers the opportunity to obtain discounts for referring individuals to our Services. To benefit from this referral, we often require consumers to provide us with Personal Information, including contact information for themselves and the individual they are referring to the Services. We have determined in good faith that the value of the Personal Information we receive from each individual and the relationship we establish is reasonably related to the value of the resources we provide. Consumers may opt out of receiving updates from Tempo by following any available opt-out instructions in the communications you receive, or by contacting us at email@example.com. Please note we may continue to send consumers non-marketing communications even after they opt-out.
Shine the Light Disclosure. In addition to the rights above, the California “Shine the Light” law permits California residents who share their Personal Information with us, once per year and at no charge, 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.
Contact Us. If you have questions about these practices, you can contact us by email at firstname.lastname@example.org.