The term “Services” collectively refers to Our Content and/or Services as provided through Our Bend App, Website, Technology, Other Applications and any other online platforms.
What Personal Information do We collect?
When You sign up for Our periodic email newsletters, You provide Bend with the following Personal Information: Your name and email address. From this newsletter request, We may also add You to Our email marketing list, but You will always be able to opt out. (See “Email Marketing.”)
Bend App Membership
We will collect from You, as a Member, certain Personal Information including:
First name and last name
Third Party Sources
We may collect Personal Information from “Other Third-Party Sources,” such as social networks with which You interact and Our third party partners that offer co-branded services or products through Bend.
What Personal Information is Used when You make Purchases?
Our Third Party Payment Processors
In addition to Apple and Google (depending on whether You installed Our Bend App through an Apple or Android device), We use unaffiliated third parties to provide payment processing services that enable You to purchase products and services within Our Services, including paying for Your use of the Bend App (“Payment Processor(s)”).
Payment Processors will utilize Your financial information, such as Your bank account numbers or credit card numbers in order to process Your payments of such purchases. By utilizing Our Services, You agree that You are bound by the applicable Payment Processor’s terms and policies with respect to the protection, storage, or other utilization of Your financial information and any other information they collect from You.
Our use of a particular Payment Processor is not an endorsement of that Payment Processor, and We make no warranties or representations as to how such processors utilize and safeguard Your financial information. We do not receive or store any of Your financial information as part of Your transactions with such Payment Processors.
You should review the privacy policies and terms of all Payment Processors You use.
How do We use or share Your Personal Information?
We and Our “Third-Party Service Providers” (which means contractors and consultants We directly hire to help Us provide Services, but excludes all Payment Processors, Other Third-Party Sources, email marketing providers, and third party hosting companies,), upon Our instruction and authorization, may use Your Personal Information to:
Provide the Bend App and Our Services for Your use.
Set up and administer Your account when You become a Member.
Manage Your account and send administrative information to You, such as information regarding the Services, fees (if applicable), security alerts, technical notices, confirmations, and other support or administrative messages and possibly changes to Our terms, conditions and policies.
Use Your information to facilitate payment processing related to Your use of the Services (see section on Third Party Payment Processors).
Complete and fulfill Your purchases of Our products or services.
Maintain Our Services to You, including providing You with customer service or support, such as responding to Your inquiries and fulfilling Your requests.
Maintain log data utilizing Your information in order to track Your progress or activity during Your use of the Services.
Analyze, improve or enhance Our Services to You.
Store mobile data locally on Your device to provide You with access to the Services when utilizing the Bend App without access to an internet connection.
Personalize Your experience of the Services by presenting content, products and offers tailored to You.
Use Your geolocation in order to provide You with recommendations for relevant Content and related services in Your geographical area.
Use and/or store Your information from Third Party Services or Devices (as defined below) that You connect to Our Service (e.g., heart rate monitor or a “Fitbit”).
Send You marketing communications about Bend products and services that We believe may be of interest to You, subject to any choices You have expressed with respect to such communications.
Request Your participation in any surveys and to administer such surveys. We may, if we decide to set up a survey, use the results of such surveys to understand user engagement, as well as for marketing purposes.
Aggregate generic, non-personally identifiable information from all Users of Our Services to: (1) understand how You use Our Content Services; and (2) share this aggregate data or related statistics with third parties if We deem useful to promote Us or Our products and services.
For Our business and operations purposes, such as internal data analysis, audits, monitoring and protection of security and integrity of the data and systems supporting or operating Our Services; prevention of unauthorized intrusions, developing new products and services, enhancing, improving or modifying Our Services, identifying usage trends, determining the effectiveness of Our promotional campaigns and operating and expanding Our business activities.
Our Third-Party Service Providers are not permitted to share or use Your Personal Information that We make available to them for any purpose other than to provide services to Us in order for Us to operate Our Services.
We also reserve the right to disclose any information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
When should You NOT share Personal Information with Us?
Do not send Us, and do not disclose, any Personal Information or any other financial or other sensitive information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) in any email correspondence or through messaging services (e.g., online chats) with Us.
The Bend App and Our Services are not a federal Health Insurance Portability and Accountability (HIPPA) compliant Service. As such, You are solely responsible for compliance with any state or federal law, which may govern the security or privacy of medical or other sensitive health-related data. Our Service is not designed to be a secure storage solution for Your private health data, and by using the Bend App or Our Services, You acknowledge and agree that You will not utilize the Bend App or Our Services for any such purposes. We disclaim any representation or warranty that We are HIPPA compliant.
In addition, You acknowledge and agree that You will not provide and We are not collecting information which would be deemed to be Protected Health Information (PHI) under HIPPA regulations. PHI is individually identifiable health information that must relate to: (1) the past, present, or future physical or mental health, or condition of an individual; (2) provision of health care to an individual; or (3) payment for the provision of health care to an individual. If the information identifies or provides a reasonable basis to believe it can be used to identify an individual, it is considered individually identifiable health information.
What “Other Information” do We collect and use?
Other Information (aka Anonymous/Aggregated Information)
“Other Information” is any information that, in itself, does not reveal an individual’s specific identity and that does not directly relate to an identifiable individual, such as:
Browser and device information.
Information collected through cookies, pixel tags and other technologies.
Demographic and other statistical information.
Aggregated or anonymous information.
As part of this process, we may from time to time include, compile, or aggregate some of your Personal Information in certain data analyses, reports, insights or observations, or other interpretations of financial or investment trends for both internal and external purposes. When including, compiling, or aggregating personal information for such purposes, we make sure that the information is anonymized such that it does not include any personally identifiable information. We may share such anonymized information in the form of research reports, blog posts or findings may be shared with external publishers or published by Us on fitness or nutrition-related topics of interest.
We use third-party analytics tools, including “Google Analytics,” “Adjust” and “Amplitude” (such tools collectively referred to as “Analytics Tools”) to monitor and analyze the use of Our Services and collect such usage information. We use the information we get from these Analytics Tools to improve Our Services.
The Analytics Tools collect information about, for example, how often visitors go to Our Website, what pages they visit when they do so, and what other sites they used prior to coming to this Website, how Members use the Bend App, and what Content they access when they do so. These Analytics Tools may also collect the IP address assigned to You on the date You visit this site, along with other anonymized information (e.g., browser type and type of device used to visit the Website), but not Your name or other personally identifiable information.
What other technologies and third parties affect Your privacy and use of Our Services?
The following are ways that We may collect information from You about Your use of Our Services. Please note that Our Payment Processors, Other Third-Party Sources, email marketing providers, and third party hosting companies may use these methods as well, but their uses are governed by their own, respective privacy policies.
Cookies and Pixels
A cookie is a small data/text file that is stored on a computer, mobile phone or other device and is used to identify the user or device and to collect information and access the internet. Pixels are small code blocks on a website that allows for another server to measure viewing of a webpage and are often used in connection with cookies.
You can manage website cookies in Your browser settings, and You always have the choice to change these settings by accepting, rejecting, or deleting cookies. All browser settings are slightly different, so to manage cookies, You should refer to the relevant settings within Your browser.
If You choose to change Your settings, You may find that certain functions and features may not work as intended for Our Services, or the use of Our Services might be more cumbersome and less accessible.
We may gather certain information automatically and store it in log files. This information includes the internet protocol (IP) address, browser type, internet service provider (ISP), and clickstream data. We do this to improve Our Services, marketing, analytics or site functionality, and to authenticate Users.
Do Not Track Signals
Some browsers or other tools include “do not track” features which, when turned on, send a signal to websites You visit indicating You do not wish to be tracked across websites over time. At this time, Bend does not respond to these types of “do not track” signals.
Social Media Features
Third-Party Services, Devices and Links
Our Services may contain links to and may be used by You in conjunction with third party websites, apps, services, devices and tools, and other information and advertising, none of which are affiliated with, or controlled, managed or endorsed by Us in any way (collectively, “Third Party Services/Devices”).
By linking any Third Party Services/Devices with Your account through Our Services, You represent and warrant that such Third Party Services/Devices account is Your own; that You are authorized to access and link such Third Party Services/Devices account; and You expressly authorize Us to utilize, implement, and, if applicable, share any information or data received from Your Third Party Services/Devices. You may unlink Third Party Services/Devices at any time, but may experience, as a result, a more limited interaction with Our Services.
Bend is not responsible for the privacy practices, collection, use or disclosure of information, or the content of such websites or for the privacy and security policies and practices of all such third parties.
We may use Your Personal Data to contact You (either through Bend or third party email marketing providers) with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may place advertising within the Bend App, on Our Website or on Our Services, which contains links to the third party websites of Our partners, advertisers, sponsors, or other third parties. We accept no responsibility for the practices of such third party sites with respect to their privacy policies, and You should consult these third parties’ policies prior to use. Advertising delivered to or made available through Our Service may be provided by advertising partners, who may set cookies in order to deliver targeted advertising.
How do We secure AND PROTECT Your Personal Information?
Bend takes data security seriously, and We use appropriate technologies and procedures to protect Personal Information within Our company’s control and in accordance with industry standards. Our information security policies and procedures are closely aligned with industry standards and are reviewed regularly and updated as reasonably necessary.
Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. While We believe our security procedures are commercially reasonable, We cannot ensure or warrant the security of any information that You transmit to Us, or that We transmit to You, or guarantee that it will be free from unauthorized access by third parties.
If You have reason to believe that Your interaction with Us is no longer secure, please immediately notify and contact Us at email@example.com.
Hosting Services Provider AND DATA TRANSFERS
We may use and rely on third-party data hosting services to host Our Services pursuant to standard terms and conditions that are non-negotiable and apply to all of their customers, including Bend. These service providers have informed Us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures.
In addition, Our Services are hosted on these hosting services provider’s servers which may be located outside the country in which you reside, including but not limited to the United States (“U.S.”). This means that the data protection and privacy regulations may in the U.S. or elsewhere may not offer the same level of protection as in the country in which You reside, or as in other parts of the world. Further, if You do not reside in the U.S., then Your Personal Information and Other Information may be transferred out of Your country of residence and to the U.S. or other parts of the world, and such information will be processed and stored in the U.S. or other parts of the world.
If You do not want your Personal Information to be transferred, stored or processed outside of the country in which You reside, You should not provide Us with Your Personal Information or access or use Our Services.
HOW IS USER DATA PROCESSED AND STORED?
We may transfer Your Information and process it outside Your state or country of residence, wherever Bend and its Third Party Service Providers operate.
Please note that Our Payment Processors, Other Third-Party Sources, email marketing providers, and third party hosting companies may have different data processing and retention policies and procedures, so please refer to the applicable privacy policies for such information.
What are my Opt-Out rights?
How do I access, change or delete my information or exercise my opt-out rights?
As part of Your use of Our Services (when applicable), You are responsible for maintaining and updating Your Personal Information with current, accurate and complete information. You may view, update or edit the Personal Information You have provided to Us by logging in to Your account and following the appropriate instructions. You can also request that We help You make such changes to Your Personal Information by contacting Us at firstname.lastname@example.org.
You may opt-out from receiving marketing communications about Bend products and services or periodic emails from Us by contacting Us at email@example.com.
We will try to comply with Your request(s) as soon as reasonably practicable. Please note that if You opt-out of receiving marketing-related emails from Us, We may, if You are a Member, still send You important administrative messages, from which You cannot opt-out.
For U.S. USERS, No CHILDREN UNDER 13 should use Our Services.
Our Services are intended specifically for adults and children ages 13 and older or other age as required by applicable laws in the jurisdiction in which the User resides. Bend does not knowingly collect Personal Information about children under 13 years old in the United States children under 16 years old (or other minimum age under applicable laws) outside of the U.S.
NOTICE TO PARENTS AND GUARDIANS
All parents and guardians are responsible for monitoring and supervising his/her/their child’s use of the Service. If you, as a parent or guardian, have a child using the Service without your express consent, and such child is under age 13 (if located within the U.S.), or is using the Service in violation of any other applicable laws, then please contact Us immediately so that We can disable your child’s access.
If We become aware that a child has provided Us with information in violation of applicable law, We will terminate the child’s account and delete all such information, unless We have a legal obligation to keep it.
What are my privacy rights under the CCPA if I LIVE IN California?
If You are a California resident using the Services, You may exercise the following rights under the California Consumer Privacy Act (“CCPA”).
Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information (as defined by California Civil Code §1798.83) collected, sold, or disclosed by Us; (2) purposes for which categories of Personal Information are collected or sold by Us; (3) categories of sources from which We collect Personal Information; and (4) specific pieces of Personal Information We have collected about You (if any) during the past twelve months.
Right to Delete. Subject to certain exceptions, You may submit a verifiable request that We delete Personal Information about You that We have collected from You.
Please note that permanently deleting Your account with Bend will erase all of Your Personal Information stored by Us and Our Third-Party Service Providers, but not necessarily Our Payment Processors, Other Third-Party Sources, email marketing providers, and third party hosting companies. Consequently, You will no longer be able to use or access the Services and Your account, and Your account and Personal Information will not be able to be restored or retrieved in any way.
Right to Opt Out. In some circumstances, You may submit a verifiable request to opt out of Our renting, selling or sharing of Your Personal Information.
We do not rent, sell, or share Your Personal Information with other people or non-affiliated companies for their direct marketing purposes, unless We have Your permission. If We receive Your permission, non-affiliated companies may use Your Personal Information to send You offers or other information that You may find of interest. Notwithstanding the foregoing, We may share Personal Information about You with Our advertising partners (if any) in order to send You promotional communications about Our Services or to show You more tailored content, including relevant advertising for products and services that may be of interest to You.
If You wish to opt out of such information renting, selling or sharing, please send Us a verifiable request with Your request.
Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of Your CCPA privacy rights, subject to applicable laws.
Submit Requests. To exercise Your rights (as summarized above) under the CCPA, please send an email Your request to Us as noted in Our “How do You contact Us?” section below.
Verification. Requests for access to or deletion of Personal Information, to exercise Your opt-out rights or for any other reasons related to Our Services are subject to Our ability to reasonably verify Your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations and any other applicable laws. To verify Your request, please follow the instructions provided in Our email response to Your request.
Authorizing an Agent: To authorize an agent to make a request to know, access, opt-out or delete on Your behalf, please provide Us with written authorization signed by You and Your authorized agent, and We will contact You with further steps required to verify Your and Your authorized agent’s identities.
California’s Shine the Light Law
California Civil Code Section 1798.83, known as the “Shine the Light” law, permits Our Users who are California residents to request and obtain from Us a list of what Personal Information (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year, as well as the names and addresses of those third parties. Requests may be made by You only once a year and are free of charge. See the “How do You contact Us?” section below if You wish to make such a request.
GDPR: What are my privacy rights under the GDPR if I LIVE IN THE EEA, UK or SWITZERLAND?
EU Resident Rights under the GDPR
As a resident of the above-specified areas, You have, under the GDPR, certain rights with respect to Our processing of Your Personal Information (referred to below as “personal data” which is defined in the GDPR) and such rights include the following.
Access. You have the right to know if We are processing personal data about You and, if so, to access and obtain a copy of personal data about You, as well as information relating to the processing of that data.
Correction. You have the right to have Us correct or update any personal data about You that is inaccurate or incomplete.
Erasure. You have the right to request deletion or erasure of Your personal data in a number of circumstances as required by law, including when We no longer need such personal data for the purposes for which it was collected, You have withdrawn written consent or, when We are relying on legitimate interests as a legal basis, and Your rights override Our legitimate interests.
Portability. You have the right to obtain a copy of the personal data We hold about You in a structured machine-readable format and to have it transmitted to another controller. This right only occurs where We are relying on Your consent or performance of a contract as Our legal basis and the processing is carried out automatically.
Restriction of Processing. You have the right to restrict or limit the ways in which We process Your personal data when You contest the accuracy of the personal data, when Your personal data has been obtained by Us unlawfully, when You have objected to Our processing of such data and We are considering whether to cease processing, or when We no longer reasonably need to process the personal data.
Withdrawal of Consent. When We rely on consent as the basis for processing personal data, You have the right to withdraw (in writing) Your consent.
Objection. You have the right to object to Our processing of Your personal data when We are relying on legitimate interests as Our legal basis and Your rights override Our legitimate interests in processing such personal data. You also have the right to object to Our processing of Your personal data for direct marketing purposes.
Complaint. You have the right to submit to Your local “Supervisory Authority” a complaint about Our handling (transfer, storage and processing) practices of Your personal data.
Limitations to Your Rights and Requests
As described above, You have certain rights to Your personal data under the GDPR; however, these rights might result in Bend possibly not being able to provide You with Our Services or some of the features and functionality of our Services.
In addition, We may reject any of Your above-described requests for certain reasons, including (without limitation) if the request is unlawful or if it may infringe on the rights and freedoms of another person or third party.
Further, for Your protection, We may require proof of identity and verification before We can answer the above-described requests.
Legal Basis for Processing Data
In this section, We identify the legal grounds on which We rely to process Your personal data.
In some cases, We have a legitimate interest to process the personal data We collect, such as to develop, administer and support Our Services; to operate, evaluate and improve Our business; to facilitate and manage Our Services; promote research; support Our recruitment activities; or facilitate a corporate transaction (e.g., sale of assets, merger or acquisition).
In other cases, We process personal data to fulfill Our contracts with business partners, such as third parties that distribute or support Our Services or business operations.
It may also be necessary for Us to process personal data to establish, exercise or defend against fraud, illegal activity, and claims and other liabilities, including by enforcing the terms and conditions that govern the Services We provide.
Our processing of certain information may be necessary to comply with Our legal obligations, and for reasons of public interest, such as with respect to adverse events and product safety reporting.
We may also process personal information data as specifically permitted or required by applicable laws.
How do You contact Us?
Because email communications and online messaging are not always secure, please do not include any credit card or any other sensitive information in Your emails and online messages to Us.
Last Updated: July 19, 2022