Effective date: November 18, 2013
We receive and store any information you knowingly provide to us. For example, when you purchase any of our clothing or devices we may collect Personal Information such as your name, email address, phone number, physical address, credit/payment card ("Card") numbers and expiration dates, Card security codes, etc. In addition, when you sign-up for an Athos User Account we may ask you to input and collect information such as your gender, height, weight, age, fitness goals, etc. In addition, we may ask you to perform some biometric calibration tests using your Athos products. We collect this for the purpose of calibrating your products and creating a public-facing Athos User Account. We may also allow you to submit a photo or other image. Certain pieces of this information may be required to register with us or to take advantage of some of our features. If you do not provide us with such information, your access to or use of the Service may be limited.
Technology integrated into our clothing and devices is capable of collecting many different types of biometrics. Basically, they track and collect various types of information regarding your body and physical activity. For example, your Athos garment passively collects electrical signals generated by many of your muscles. Your garment also collect body temperature, and movement. All of this is used to calculate biometrics such as your muscle output, activity level, heart rate, calories burned and steps taken. Different garments and future products may collect and calculate different biometrics.
We will make available an Athos mobile application. To provide location-based services through the mobile application, we may collect, use, and share precise location data, including the real-time geographic location of your mobile device. You can control your location information either from your Athos account settings or from your mobile device settings.
We may collect Personal Information from third parties we reasonably believe have the right to provide such information to us. In addition, we may collect Personal Information with your consent or as required by law or regulation.
Athos uses your Personal Information as follows:
We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we may share your Personal Information with third parties as described in this section:
In certain situations, businesses or third party websites and mobile applications we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
We may share your personal information with third parties with your consent (for example, if you consent to us posting to a third party account on your behalf – such as posting certain achievements or other results of your biometric or physical activity goals to your Facebook wall or Twitter feed). Your biometric data, and activity achievements and results, may also be shared. For example, you may elect to compare your muscle performance on your run or bike ride with a friend’s data or the data of somebody that goes to your gym. In addition, you may elect to have such data ranked and displayed on public leader boards.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processor to help process your credit card for product purchases. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
Certain user profile information, including your name and location, may be displayed to other users to facilitate user interaction within the Service or address your request for our services. In addition, your age, gender, weight and other descriptors may be disclosed if you elect. Your biometric data, and activity achievements and results, may also be shared. For example, you may elect to compare your muscle performance on your run or bike ride with a friend’s data or the data of somebody that goes to your gym. In addition, you may elect to have such data ranked and displayed on public leader boards. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Additionally, if you sign into the Services through a third party social networking site or service, your list of "friends" from that site or service may be automatically imported to the Service, and such "friends," if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Service user profile. Again, we do not control the policies and practices of any other third party site or service.
We may choose to buy or sell the assets of Athos Works, Inc. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Athos, our employees, our users, or others.
We may anonymize your Personal Information so that you are not individually identified, and provide that information to our partners or the general public. For example, we may publicly share information regarding how many calories our average user burns in a day, or how many users walk more than a mile a day, etc. (and your metrics may be included in such calculations). However, we never disclose aggregate information to any third party in a manner that would identify you personally, as an individual.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: [email protected].
Athos will not provide these third party advertisers with any access to your Personal Information without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. However, please note that if an advertiser asks us to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach. In addition, we may allow advertisers to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an advertiser, in order for that advertiser to select the appropriate audience for those advertisements and/or offers.
If you are a registered user of the Service, we provide you with tools to access or modify your Personal Information and other profile information. These tools are accessible from our website and mobile application.
You can delete your account by following the instructions set forth on our website and mobile application. Subject to the "Limitations on Deletion" section below, when you request us to delete your account for the Service, your data will be permanently deleted from our servers and access to your account will be disabled. We will also disconnect our systems from your Card account(s).
Even after you remove information from your profile or delete your account, your Personal Information may be retained by us on back-up servers indefinitely. We keep such servers to help protect the stability and availability of the Service (such as protecting it from viruses and malfunctions).
In addition, copies of your information may remain viewable elsewhere to the extent it has been publicly published by your or otherwise shared by you with others (such as information posted by you to chat forums).
We may also retain certain information to prevent identity theft and other misconduct even if deletion has been requested.
We may also indefinitely retain and use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
We may also retain your Personal Information to the extent required to comply with (or we deem it reasonable in light of) any laws or regulations.
While your Personal Information is in our possession, it will be primarily stored at hosting facilities located in the USA. These facilities are either operated by Athos or our third party providers. By using the Service you are consenting to have your Personal Information stored, transferred and processed in the USA.
Athos takes certain precautions to protect your Personal Information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. That said, we cannot guarantee the security of such information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. No security system is perfect – so your use of the Service is at your own risk.
If we learn of a security systems breach, then we may attempt to notify you via email, phone, physical mail, or by a posting on your Service account page – so that you can take appropriate protective steps. Pursuant to our Terms of Service you have consented to receive such notice by electronic means (provided that such consent is void where prohibited by applicable law). To receive a free written notice of a security breach, or if you have any questions about the security of the Service, please contact us at [email protected].
In addition to the security measures referenced above, your Service account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
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 Service 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 at [email protected].
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to – [email protected] – or – 399 Bradford Street, Suite 101, Redwood City, CA 94063.