Privacy Policy


Last Updated: November 9, 2011

Purpose of Policy

Welcome to the Pear Sports family of services, software applications and websites (the “Services”). Pear Sports LLC (“Pear Sports”, “us” or “we”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Services. We created this Privacy Policy (this “Policy”) to give you confidence as you visit and use the Services, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Services and not to any other websites that you may be able to access from the Services, each of which may have data collection and use practices and policies that differ materially from this Policy.

Notice Concerning Children

We offer our Services to a general audience, and do not direct any of our content specifically at children 13 years of age or under. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user is age 13 or under, we will promptly delete any personal information in that user’s account. Children 14 years of age and older may only use the Services if (a) their parent or legal guardian has agreed to the Pear Sports Terms of Use; and (b) their use is permitted and actively supervised by their parent or legal guardian.

INFORMATION COLLECTION PRACTICES
What Personal Information Do We Collect?

In order for you to access certain Services, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information collected may, without limitation, include the following: registration, online surveys, and other online forms that ask users to provide their names, addresses, e-mail addresses and other contact information, as well as your training data, workout routines, text, audio, images, videos, information uploaded via your Pear Square One device and any other content that you may submit to us, if any, including without limitation, any information you authorize us to import or export to or from select social networking and other websites (“Integrated Third Party Websites”). Payment information, including without limitation, debit/credit card and/or bank account information, for purchases is processed by our third party payment processing service; such information is not collected by us and is subject to the privacy policies of the payment processing service.

What Additional Information Do We Collect?

Automatic Collection. Our servers automatically recognize visitors’ IP addresses (the number assigned to computers on the Internet), Internet service provider, domain servers, browser type, computer platform, referring website, date, time and duration of access, and links clicked through. No Personal Information about you is revealed in this process. The Services may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the Services.

Cookies. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer that tracks information about your visit to our Services. We do not set any personally identifiable information in cookies. Cookies help us customize your content experience (for example to store your password so you do not have to re-enter it each time you use the Services) and to learn which areas of our Services are useful and which areas need improvement. Our business partners (advertisers) may use cookies on our Services. Pear Sports has no access to or control over these cookies once our business partners have been given permission to set cookies. This Policy covers the use of cookies by Pear Sports only and does not cover the use of cookies by any advertisers. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Services may be diminished and some features may not work as they were intended.

Mobile Device Identifying Information. When you access the Services via a mobile device, we may collect the unique identifying information of your mobile device (“Mobile Device ID”). We may use your Mobile Device ID to provide a tailored experience for you. In addition, the Mobile Device ID information may be collected in order to determine the aggregate number of unique devices using our service or parts of our service, to track total usage, analyze data, and communicate with you more effectively. We may combine your Mobile Device ID with information from third parties to provide you with a better experience and to improve the quality of our service. We do not share any personally identifiable information with third parties in association with your Mobile Device ID.

Geographic Location. When you access the Services via a mobile device, we may also collect the geographic location of your mobile device if your mobile device is set to transmit such information. We may use your geographic location to provide a tailored experience for you. In addition, the geographic location information may be used to analyze our Services traffic. We may combine your geographic location with information from third parties to provide you with a better experience and to improve the quality of our Services. We do not share any personally identifiable information with third parties in association with your geographic location.

USE AND SHARING OF INFORMATION

Sharing of Personal Information. We will not share your Personal Information with any third parties without your consent, except as necessary or appropriate to provide you with the services offered by us or to comply with the law. We may use your Personal Information to verify your identity or to follow up with transactions initiated on the Services. We may also use your contact information to inform you of any changes to the Services, to send you additional information about Pear Sports, or to offer you other products, programs or services that we believe may be of interest to you. If you give your permission during the account registration process or otherwise, we may share your information with our business partners or other companies so that they may send you promotional materials.

Use of Anonymous Information. We use anonymous information to analyze our Services traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer the Services, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis

Use of Cookies. We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our Services, and for other purposes. Promotions or advertisements displayed on our Services may contain cookies. We do not have access to or control over information collected by outside advertisers on our Services.

Other Disclosure of Personal Information. We may disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (i) conform to the edicts of the law or comply with legal process served on Pear Sports or its affiliates; (ii) protect and defend the rights or property of Pear Sports or the users of the Services; (iii) enforce our “Terms of Use” (available on our website and incorporated by this reference herein), and/or (iv) act under exigent circumstances to protect the safety of the public or users of the Services.

Sale of Assets. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through the Services. If Pear Sports sells substantially all of its assets, or the assets of one of its business lines are acquired, customer information will be one of the assets transferred to the acquirer.

SECURITY

The Services have security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

SERVICES AREAS BEYOND PEAR SPORTS’ CONTROL

Public Disclosure of Information. The Services may now or in the future include interactive forums, chat rooms, message boards, and news groups for the posting and exchange of information, ideas and opinions. Additionally, you may through the Services post information to Integrated Third Party Websites. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose Personal Information.

Third Party Websites. The Services contains links to third party websites. If you choose to visit third party websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

INFORMATION CHANGES AND POLICY UPDATES

Contacting Us. If you have any questions about this Policy or our practices related to the Services, please contact us at the following e-mail address: Privacy@PearSports.com

Lost or Stolen Information. You must promptly notify us if your user name, or password is lost, stolen, or used without permission. In such an event, we will remove that user name, or password from your account and update our records accordingly.

Access to Personal Information. You can verify your contact information is accurate, complete, and up to date and modify your privacy preferences (including opting-out of receiving certain types of communications) by logging in to your account and going to your account preferences page. For other Personal Information we will use commercially reasonable efforts to provide you with access so you can request that we correct data that is inaccurate or delete data if Pear Sports is not required to retain it by law or for legitimate business purposes. We may decline to process requests that we deem are unreasonable, repetitive, require technical modifications, jeopardize the privacy of others, are impractical or for which access is not otherwise required by local law.

Policy Updates and Changes. We reserve the right, at any time and without notice, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.