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Privacy Policy

Welcome to Bend!

Our Privacy Policy explains how Bowery Digital LLC d.b.a. Bend ("Bend", "we" or "us") collects, uses, and discloses information about you when you access or use our websites, mobile application, and other online products and services (collectively, the "Services"), and when you contact our customer service team, engage with us on social media, or otherwise interact with us. Additional information for individuals in the EEA, UK, and Switzerland, as well as for California residents, can be found at the end of this Privacy Policy.
Feel free to contact us at hi@getbend.co if you have any questions.


INFORMATION YOU PROVIDE TO US

We collect information when you register for an account, participate in interactive features (like by submitting a rating for a routine or stretch), fill out a form or a survey, participate in a contest or promotion, make a purchase, communicate with us via social media sites, request customer support, or otherwise communicate with us. The information you may provide may include your name, email, password, street address, payment method information, goals, previous experience, feedback and survey responses, and other information about you included within your messages to us or otherwise provided via the Services. Some users also provide health-related information in connection with providing feedback or other messages to us, and we process that information consistent with the purpose for which it was provided.

 
INFORMATION WE COLLECT
 
When you use our service, we may collect information related to your usage information (like which routines you use and screens you view), transactional information related to your purchases and returns, log information (like access times and dates, IP address, etc.), device information (like hardware model, operating system version, etc.), information we generate, and information collected by cookies and similar tracking technologies.


INFORMATION WE COLLECT FROM OTHER SOURCES

We also obtain information about you from other sources, including transaction information from third-party app stores you use to install our app or purchase a subscription. Finally, we may obtain information about you from publicly available sources, marketing and advertising partners, consumer research platforms, and/or business contact databases.


HOW WE USE INFORMATION

Some of the ways we use the information include:

•    to develop, improve, deliver, and protect our services
•    to process transactions and fulfill orders
•    to detect, investigate and prevent fraudulent transactions and other illegal activities
•    to monitor and analyze trends and usage
•    to enforce our Terms of Service and other usage policies

Additionally, we and/or our trusted partners may contact you from time to time with offers that may interest you and/or to inform you of other products and services. Further, we may, from time to time, expand or reduce our business which may involve the transfer of certain divisions or assets of our company to other parties, and the data we store and use, where relevant, may be transferred to such third parties. We will transmit such information only to entities that comply with appropriate policy and applicable law.
 
We may also store or use information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster.

 
HOW WE SHARE INFORMATION

Bend may share your information in the following ways:

•    With third parties. We may share information with third parties for legal reasons, as part of a merger or acquisition, and with service providers, sellers, and partners. We will transmit such information only to entities that comply with appropriate policy and applicable law.
•    With vendors and service providers. To assist us in meeting business operations needs and to perform certain services and functions, we may share data with vendors and service providers, including providers of cloud hosting/computing services, database providers, email delivery and in-app/push messaging services, advertising and marketing services, payment processors, content monitoring services, and web, subscription, and app analytics services. Pursuant to our instructions, these parties may access, process, or store data in the course of performing their duties to us.
•    With companies and contractors that perform services for us, including email service providers, payment processors, fraud prevention vendors and other service providers
•    In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including court order, subpoena, or other lawful requests by public authorities to meet national security or law enforcement requirements
•    If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of Bend or others
•    In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company
Between and among Bend and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership
We also share aggregated or other information not subject to obligations under the data protection laws of your jurisdiction with third parties.


ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and online services, including your IP address, device identifiers, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by Bend and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and online services, and better understand your online activity. For more information about interest-based ads, including to use ad industry tools to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices (if you are in the EU, please visit www.youronlinechoices.eu/). Your mobile device should also include a feature that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.


DATA TRANSFER

Bend is based in the United States and processes information in the United States, which may not provide equivalent levels of data protection as your home jurisdiction.


OTHER WEB SITES AND SERVICES

Content posted to our service may contain links to other websites or services. Please remember that when you use a link to go from our service to another website or service, our Privacy Policy does not apply to those third-party websites or services. You acknowledge and agree that we are not responsible for how those third parties collect or use your information.


CHILDREN'S PRIVACY
 
As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.


CHANGES TO OUR PRIVACY POLICY

Please review our Privacy Policy periodically as we may modify or update it from time to time. Your usage of our service after any revisions will constitute your acceptance of the modification.

 

OTHER

Information for Individuals in Switzerland, UK and the EEA
The sections below apply to you if you use our Services while in Switzerland, the United Kingdom or the European Economic Area (collectively, "Europe"). Bend is the data controller for personal data governed by this Privacy Policy.

Legal Basis for Processing
When we process your personal data we will only do so in the following situations: As necessary to perform our responsibilities under our contract with you (like processing payments and providing the products or services you have requested); When we have a legitimate interest in processing your personal data, including to communicate with you about changes to our Services, to help secure and improve our Services (including to prevent fraud) and to analyze use of our Services; As necessary to comply with our legal obligations; and When we have your consent to do so.

Data Retention
We retain personal data for no longer than is necessary for the purposes for which it is processed, unless applicable law requires storage for a longer period of time.

Data Subject Requests
Subject to certain limits and conditions provided under law, you have the following rights: You have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or made available in a portable form. You also have the right to object to certain processing (like receiving direct marketing), or request that we restrict processing in certain circumstances (like to retain but not further process pending resolution of a claim). When we ask for your consent, you may withdraw that consent at any time.
You have the right to file a complaint regarding our data protection practices with a supervisory authority. Please see this directory for contact details: https://edpb.europa.eu/about-edpb/board/members_en. If you are in Switzerland, please visit this FDPIC site for contact details: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html. If you are in the United Kingdom, please see this site for contact details: https://ico.org.uk/global/contact-us/.
If you would like to exercise any of these rights and can't do so directly via the Services or your device, you may contact us as indicated below.

Information for California Residents
This section provides additional disclosures required by the California Consumer Privacy Act (or "CCPA").

Please see the information below regarding the personal information we have collected about California consumers in the last 12 months, along with our business and commercial purposes and categories of third parties with whom this information may be shared. For more details about the personal information we collect, including the categories of sources, please see the sections above.

Categories of personal information we may collect
Identifiers, such as your name, phone number, email address, social media handle, and unique identifiers (like IP address) tied to your browser or device. Characteristics of protected classifications under state or federal law, such as gender and age. Commercial information, such as your payment information and Bend product or service purchases. Approximate geolocation data. Internet or other electronic network activity, such as browsing behavior and information about your usage and interactions with our Services. Audio, electronic, visual, or similar information, such as profile photo or personal information you may provide during customer support calls and call recordings. Other personal information you provide, including opinions, preferences, goals and previous experience and other personal information contained in product reviews, surveys, or communications. Inferences drawn from the above, such as product interests, and purchasing insights.

Business or commercial purposes for which we may use your information
Performing or providing our services, such as to maintain accounts, provide customer service, process orders and transactions, and verify customer information. Improving and maintaining our Services, such as by improving our Services and developing new products and services. Debugging, such as to identify and repair errors and other functionality issues. Communicate with you about marketing and other relationship or transactional messages. Analyze usage, such as by monitoring trends and activities in connection with use of our Services. Personalize your online experience, such as by tailoring the content and ads you see on our Services and on other platforms based on your preferences, interests, and browsing behavior. Legal reasons, such as to help detect and protect against security incidents, or other malicious, deceptive, fraudulent, or illegal activity.

Parties with whom information may be shared
Companies that provide services to us, such as those that assist us with customer support, subscription and order fulfillment, advertising measurement, communications and surveys, data analytics, fraud prevention, cloud storage, bug fix management and logging, and payment processing. Third parties with whom you consent to sharing your information, such as with social media services or academic researchers. Our advertisers and marketing partners, such as partners that help determine the popularity of content, deliver advertising and content targeted to your interests, and assist in better understanding your online activity. Government entities or other third parties for legal reasons, such as to comply with law or for other legal reasons.

Subject to certain limitations and exceptions, the CCPA provides California consumers the right to request to know more details about the categories and specific pieces of personal information, to delete their personal information, to opt out of any "sales" that may be occurring, and to not be discriminated against for exercising these rights.

We do not "sell" the personal information we collect (and will not sell it in the future without providing a right to opt out). We do allow our advertising partners to collect certain device identifiers and electronic network activity via our Services to show ads that are targeted to your interests on other platforms. To opt out, you can use our cookie preferences tool to disable ad trackers on our website and can adjust your mobile device settings to limit ad tracking via the mobile app.

California consumers may make a rights request by emailing us at hi@getbend.co. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents should submit requests through the same channels, but we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.

Notice of Financial Incentives: We offer various financial incentives. For example, we may provide incentives to customers who participate in a survey or provide testimonials. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and information about your experiences using our Services. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.


Effective Date: 5/1/2020