Your acceptance of these Terms of Service as of the Effective Date and as modified from time to time (“Terms”), is required in order for you to access and use the “Services”, defined as the Insight Timer services as enabled by the Insight Timer application and/or website presenting these Terms (“App”), including the functionality and Content (as defined below) Insight Timer makes available.
If you violate any of these Terms, your permission to use the Services automatically terminates, unless such violation is waived by us in writing in our sole discretion.
You must be over 13 years of age to use the Services. You are allowed to access and use the Services only if you are legally permitted to do so via the laws of your jurisdiction, including laws regarding minimum age requirements. You acknowledge that use of the Services requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator.
1.0 LICENSED RIGHTS TO SERVICES AND CONTENT
1.1 Subject to your compliance with these Terms, particularly sections 2, 4, 6 and 7 below, we grant to you a fee-bearing, non-exclusive, non-transferable right and license to use the Services and access and use the images, audio, video, graphics, text, posts, comments, signals, ratings, and any other text, content, material, information or data accessible via use of the Services, including any of the foregoing from other users (collectively, “Content”). You shall not sublicense, sell access, resell, transfer, distribute, make derivative works or improvements of, monetize or commercially exploit or make available, the Services.
1.2 You hereby grant to us without charge the perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, create derivative works and improvements of, and distribute your Content for purposes of providing, developing, improving, and promoting the Services. You hereby grant to all other users of the Service the perpetual, irrevocable, worldwide, non-exclusive right to access and use your Content as part of the Services. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, improvements, recommendations, ideas, and error corrections you voluntarily provide to us relating to the Services.
1.3 No other right or license to the Content is provided, and no other license shall be implied, by course of conduct or otherwise. We retain all right, title and interest in and to the Services, and all associated intellectual property rights. Except as expressly authorized by these Terms, you shall not use, reproduce, or distribute Content contributed by other users or by us.
2.0 TERMS APPLICABLE TO CONTENT
2.1 All Content, whether publicly posted on or privately transmitted via the Services, is the sole responsibility of the user from which such Content originated. You are entirely responsible for all Content that you contribute. You shall not transmit Content or otherwise conduct or participate in any activities via the Service which, in our sole judgment, is likely to be prohibited by law or these Terms or violative of third party rights in any applicable jurisdiction.
2.2 You agree not to upload, download, display, or distribute any Content or otherwise engage in any activity in connection with the Service that:
(a) is hateful, offensive, libelous, defamatory, obscene, pornographic, lewd, abusive, erroneous, or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(c) promotes illegal or harmful activities or substances;
(d) constitutes infringement of the intellectual property rights of any party;
(e) creates an impression that is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your identity or affiliation with a person or entity;
(f) is for the purpose of soliciting other users to join commercial organizations or groups other than groups established pursuant to the Services; and
(g) reveals other people’s private or personally identifiable information without their express authorization and permission.
You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential, and is not in violation of these Terms or third party rights.
We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of Insight, users and/or the public.
2.3 You may be exposed to Content that is offensive, indecent, objectionable, false or erroneous. You must evaluate, and shall bear all risks associated with, the use of any Content, including any reliance on the accuracy, quality, integrity, completeness, or usefulness of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of your Content, failure to comply with or enforce these Terms, or for any act, omission, or conduct of any other user.
2.4 Insight Timer, any Service, other users, or a third party may provide links to other websites or login access via such links. Such third party links and services shall not be construed as an endorsement, sponsorship, or affiliation. We exercise no control whatsoever over such other non-Insight Timer websites, services and web-based resources and are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon, or for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of same, including information, material, products and services therein, is solely at your own risk.
2.5 We do not guarantee the authenticity of the identity of any user. Users are solely responsible for authenticating the identity of other users. You acknowledge that identities may be concocted and that other users may be acting under false pretences or acting without authority.
3.0 REGISTRATION DATA AND SIGN-ON CREDENTIALS
You will receive, or will be permitted to create, username information (“Sign-On Credentials”). If you create your own Sign-On Credentials, such Sign-On Credentials are subject to our approval and we reserve the right to refuse or revoke any Sign-On Credentials at any time and for any reason.
You are wholly responsible for maintaining the confidentiality of your Sign-On Credentials and wholly liable for all activities occurring under such Sign-On Credentials. You shall not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You shall immediately notify us at email@example.com of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from failure to comply with this section or from unauthorized use of the Sign-On Credentials.
You can create your Sign-On Credentials via the App, website, or through your account with Facebook. If you choose the Facebook account option, we will create your Sign-On Credentials by extracting from your Facebook account certain personal information such as your name and email address and other personal information that your privacy settings on your Facebook account permit us to access.
You must us provide with accurate, complete and up-to-date information for your Sign-On Credentials and must update such information, as needed, to keep it accurate, complete and up-to-date. If you do not do so, we may have to suspend or terminate your Sign-On Credentials.
4.0 SITE AND SERVICE INTEGRITY
4.1 You shall not use the Services or engage in any activity that in any manner could damage, disable, overburden, or impair the Services, or any Insight Timer server, or the network(s) connected to any Insight Timer server, or interfere with any other party’s use and enjoyment of the Services. You shall not attempt to falsify or alter Content posted by others except via normal and intended operation of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means, or exploit bugs or weaknesses in the Services.
4.2 You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation:
(a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with Services to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
(d) using the Services to send unsolicited messages, including, without limitation, promotions or advertisements for products or services;
(e) publishing or linking to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy or anonymity;
(f) forging any TCP/IP packet header or any part of the header information;
(g) accessing or tampering with non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
(h) accessing or searching the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; or
(i) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Services.
4.3 You shall not engage in harvesting or other collection of information about other users, without our prior and each such user’s prior written consent. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers”, data mining tools etc. that accesses the Services, including in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using conventional on-line web browsers.
4.4 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. The Services are for your personal and individualized use only. Without limiting the generality of the foregoing, you shall not publish, distribute or transmit to the general public via any medium, whether via print, online, or otherwise, the Content or Services, except through or as otherwise authorized by us, and you shall not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services. You may not use any meta tags or other hidden text or metadata utilizing any Insight Timer trademark, logo URL or product name without our express written consent. You shall not remove any copyright, trademark or other proprietary rights notices visible via use of the Services.
4.5 While we will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any Content. It is your sole responsibility to back up all your Content. We have no obligation to store, maintain or provide you a copy of any Content that you or other users provide when using the Services. We reserve the right to mark as “inactive” and archive Insight Timer accounts that are inactive for an extended period of time. Further, Insight Timer may monitor and collect information (including but not limited to technical and diagnostic information) about your usage of the Services in order to improve the Services and to verify compliance with these Terms.
4.6 Because no online system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured, you accept security risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
5.0 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 Important Provision Concerning Health-Related Content The App and the Services do not constitute medical or other professional advice. The App and the Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. Any content concerning or related to physical or mental health that you may find in the Services and/or the App is broad in nature and in scope, describes only general principles, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation. Content in the Services and/or the App is not intended to be used to diagnose, treat, cure, or prevent any medical conditions and is not a substitute for consulting with your own healthcare professionals. If you have any concerns or questions about your physical or mental health, you should consult your own healthcare professionals. Reliance on any information provided tghrough the App and the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services or on the App.
5.2 DO NOT RELY ON THE SERVICES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND we ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE of the services or TO STORE OR DISPLAY ANY content, user COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM use of the services. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title AND NON-INFRINGEMENT. Specifically, we make no warranty that
(a) the Service will meet your requirements, goals or needs,
(b) Services access will be uninterrupted, timely, secure or error-free, or
(c) any errors or deficiencies will be corrected.
Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website. We reserve the right to discontinue or change the Service in any way and at any time, with or without notice to you, without liability.
5.3 We do not represent or warrant that Content available on or from the Service are accurate, complete, reliable, current or error-free or that the Services are free of viruses or other harmful components and, accordingly, you should exercise caution in the use and downloading or use of same. You download, access or otherwise obtain Content from the Service at your own discretion and risk and you are solely responsible for your use thereof, and any damages to your computing device, and any loss of data, and any other damage or harm of any kind, that may result therefrom.
5.4 Excluding only damages arising out of our gross negligence, fraud, or wilful misconduct, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenue, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from use or inability to use the Content or any Service; the cost of procurement of substitute services; unauthorized access to or alteration of a user’s Content; statements or conduct of any third party on the App or any Service; or any other matter relating to Insight Timer, Content or the Service. Any liability to you or any third party in any circumstance is limited to US$50 in the aggregate. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.
5.5 You agree to defend, indemnify, release and hold harmless us, our suppliers, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively “Indemnified Parties”) from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with:
(a) your unauthorized access to or use of, the Content and Services,
(b) your violation of these Terms, or
(c) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Further, in the event you have a dispute with one or more other users, you hereby release the Indemnified Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes.
The App is free to download. We have certain content products that you may optionally purchase using the in-app purchase facilities on the Google Play Store and Apple App Store.
Fees and any other charges for the use of the Services, if any, are described on the App. Fees may change from time to time. If we change fees or charges, we will give you reasonable notice. If they do change, your continued use of the App after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors or inaccuracies in the App. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
7.0 GENERAL PROVISIONS
7.1 Service Discontinuance.
We may from time to time modify or discontinue, temporarily or permanently, access to the App or any Service thereon (or any part, feature, or functionality thereof). We shall not be liable for any such modification, suspension or discontinuance.
7.2 Account Termination.
We reserve the right, in our sole discretion, to remove or reject any Content by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without liability. We may additionally terminate your account for cause, including for:
(a) violation of these Terms;
(b) abuse of Service resources or any attempt to gain unauthorized entry to the App or Services;
(c) use of the App or any Service in a manner inconsistent with the purpose of the Services;
(d) your request for such termination; and
(e) the requirements of applicable law, regulation, court or governing agency order.
Our termination of any user’s access to the App or any Service may be effected without notice and, on such termination, we may immediately deactivate or delete any user’s account and Content, and/or bar any further access to the App and Services. We shall not be liable for any termination of access to the App or Services.
You are granted no right, title or license to any third party trademarks by these Terms, or to any of our trademarks or servicemarks except as expressly set forth in these Terms. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, domain names, and similar identifiers, including Insight Timer Network TM.
7.4 US DMCA.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following in writing:
a) identification of the copyrighted work that you claim has been infringed;
b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
c) your name, address, telephone number, and email address;
d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. The above writing must be electronically or physically signed by you. If we receive such a claim, we may refuse or delete Content as described under this section hereto, or terminate a user’s account in accordance with these Terms.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 can be contacted via firstname.lastname@example.org and is located at Insight Network Inc, 101 The Embarcadero, Suite 200, San Francisco CA 94105, phone: +14156752101.
In addition to forwarding your notice to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the member is determined to be a repeat infringer.
7.5 Governing Law.
These Terms, the Services, the App and Content, and any disputes related to or concerning any of the foregoing (including tort as well as contract claims, and whether pre-contractual or extra-contractual) shall be governed by the laws of the State of California, USA. The choice of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods, and the American Law Institute’s Principles of the Law of Software Contracts shall not apply and neither party shall invoke any of the foregoing in any proceeding between the parties. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Services, the App or Content, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
7.6 Dispute Resolution.
Any disputes between or claims brought by you or us arising out of or related to these Terms, the Services, the App or Content (including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) in effect at the time of arbitration except as inconsistent with this section. The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings shall be held in San Francisco, California. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce same. You and we agree that by entering into this Agreement, the parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this section shall preclude the right and ability to file and maintain at any time an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
These Terms shall not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent shall be void. We may at any time assign these Terms without prior consent or notice. These Terms shall be binding on, and inures to the benefit of, the parties and their respective and permitted successors and assigns.
7.8 Injunctive Relief.
You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Content, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we shall be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
The Terms constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. You may be subject to additional terms and conditions that may apply when you use affiliate or third party content or services. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party.
END OF TERMS OF SERVICE
INSIGHT NETWORK INC
Last Updated: 30th March 2019
This Policy tells you how we use and protect personally identifiable information collected through use of the App and Services. This Policy covers only information that is collected through this App and our Services. This Policy does not cover other web sites that may be linked to or from this App or Services, and does not cover information that may be collected through software downloaded from this App or Services; nor does this Policy apply to practices of companies that we do not control or to people we do not employ or manage.
This Policy supplements other notices including our Terms of Service and Cookies Policy and is not intended to override or replace them.
For ease of reading, we have divided this Policy into several sections:
B. What is personal data and what do we collect?
C. How do we use your personal data?
D. Your Health Data
E. Sharing information
F. Community sharing
G. Password and security
H. For how long do we keep your personal data?
I. International transfers
L. Your Rights
N. Policy changes
O. Contact Details
B. What is personal data and what do we collect from you?
The following personal data about you may be collected and stored by us:
(i) name, email address, photograph and geo-location;
(ii) purchase information based on your activities on the App or Services;
(iii) ordering, billing and other similar information you provide to purchase an item or service (which may also be captured by the app store that processes the details of your payment);
(iv) activity and usage information based on your activities on the App or Services, such as statistics on your practice, achievement of milestones, etc.;
(v) community discussions and posts, messages, dispute resolution, correspondence through the App and Services, and correspondence sent to us;
(vi) computer sign-on data, statistics on page views and traffic to and from the App or Services;
(vii) other technical information or data collected from App or Services traffic, including IP address and standard web log information;
(viii) information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services
(ix) Facebook profile information, such as name, email address and Facebook ID, if you choose to log into the App and user our Services through Facebook.
(x) supplemental or additional information we may request from you in the event previous information you’ve provided cannot be verified; and
(xi) information that you voluntarily provide to us.
As stated above at B(i), when you use the App we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.
If you choose to invite a “Friend” to use the App and our Services, we will ask you for their email address. We will use this information to invite him or her to join the App. We store this information for the sole purpose of sending invitations. If you ask us to do so by providing your consent, we may also send e-mails inviting your friends from your ‘Contacts’ list.
If your Friend would like us to delete his or her information, they can do so by opting-out as described in each invitation or by contacting us at email@example.com.
Third Party Resources
We also use the services of third parties to help us to collect various data about you and the way that you use the App in order to enable us to better understand your interests – both so that we can service content to you that we think will be of interest to you, and so that we can ensure that you are shown adverts delivered by third parties which are more likely to be of interest to you.
Please note that we will not ask (and are not required by law to ask) for your consent to deliver cookies which are strictly necessary for us to offer our App and/or Services to you, or to monitor the volume of traffic that passes through our App or websites.
For details of the cookies that we use on our App and/or our website, what those cookies do, and the privacy policies of the third parties which provide them (where relevant) please see our Cookies Policy.
Please note that, while you may have the option to consent to the deployment of specific cookies that, unless specifically set out in our Cookies Policy, we rely on our legitimate interests as our condition for processing your personal data on the basis set out in this section (specifically that we have a legitimate interest in optimising the App content and ensuring that you are served with relevant commercial communications as you use them).
C. How do we use your personal data?
We may combine your information with information we collect from other sources to improve the App. We do not sell or rent your personally identifiable information to third parties for their marketing purposes without your prior consent.
You agree that we may use your personal information as specified in the Terms of Service, and to:
(i) fulfil the purposes disclosed when you provided your information to us;
(ii) provide, deliver, and collect payment for the services, products, and customer support you request;
(iii) review and process applications for employment;
(iv) resolve disputes, collect fees, and troubleshoot problems;
(v) prevent potentially prohibited or illegal activities, and enforce our App- and Service-related agreements;
(vi) customize, measure, and improve our services and the App’s content and layout;
(vii) provide you with personalized content;
(viii) tell you about targeted marketing, service updates, and promotional offers based on your communication preferences, to the extent that you have provided us with your consent to receive such communications under applicable law; and
(ix) compare information for accuracy, and verify it with third parties. Further, we may disclose personal information to respond to legal requirements, enforce Terms of Service or App policies, in connection with a merger, sale of assets, or other similar corporate transactions, respond to claims that a listing or other content violates the rights of others, or protect the rights, property, or safety or any person.
Please note that this Section C does not apply to our use of personal data which relates to your health (‘Health Data’). For information on how your Health Data is used, please see Section D below.
If you sign up to receive promotional materials from us via email we will use the information you give us to provide the communications you have requested.
When you receive such promotional communications from us, you will have the opportunity to “opt-out” (either through your Account or by following the unsubscribe instructions provided in the e-mail you receive). If you no longer wish to receive push notifications, you may turn them off at the device level.
D. Your Health Data
We will only use your Health Data for the purposes of providing the App to you – for example by using it to tailor the type of content which you receive, or providing you with analytics about your wellbeing. Your Health Data will not be used for any other purposes, nor will it be combined with other data.
If you use an Apple device then it may contain the Apple ‘HealthKit’ functionality and API, which enables various apps to record and share data about your health and wellbeing where you permit or require them to do so.
The App uses Apple HealthKit API’s to send Insight Timer data to Apple “Health” about how long you spend using the App. This is an opt-in feature within the App’s Settings.
The App does not access any health data from the Apple HealthKit which has been stored by other applications that you may use. We only process the personal data that you provide directly to the App, we do not use Apple HealthKit to access any additional personal data that you may have provided to third parties.
E. Sharing Information
We may share hare your personal data with:
(i) members of our corporate family to help detect and prevent potentially illegal acts and provide joint services to requesting users;
(ii) service providers, consultants or similar contractors to support or enhance the App or our business operations, or to whom we contract in order to carry out transactions initiated by you, such as credit card processing organizations (see “Service Providers” below);
(iii) other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and solicited consent when using a specific service);
(iv) law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity;
(v) persons we believe in our sole discretion necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity; and
(vi) other business entities, should we plan to merge with, or be acquired by that business entity.
We will not share your personal data with third parties in order for that third party to provide direct marketing communications to you.
Our service providers provide us with a variety of administrative, statistical, and technical services. We will only provide service providers with the minimum amount of personal data they need to fulfil the services we request, and we stipulate that they protect this data and do not use it for any other purpose. We take these relationships seriously and oblige all of our data processors to sign contracts with us that clearly set out their commitment to respecting individual rights, and their commitments to assisting us to help you exercise your rights as a data subject. Our major service providers include a variety of various cloud hosting companies; and data analytics companies.
F. Community Sharing
In order to offer the services for which you will use the App or Services, your user ID may necessarily be displayed throughout the App and Services and to the public. All of your activities on the App and Services will be traceable to your user ID. Notices are sent to other community members regarding suspicious activity and policy violations and refer to user IDs and specific items. Please understand that if you link your name with your user ID, others will be able to personally identify your activities.
Please note that once you make a public posting, you may not be able to change or remove it.
G. Password and security
Your password deserves careful thought and protection. Use unique numbers, letters, and special characters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately access your profile on the App to change your password and notify us immediately at firstname.lastname@example.org.
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you from unauthorized access, use or disclosure. No method of transmitting information over the Internet or storing information is completely secure and accordingly, we cannot guarantee the absolute security of any information.
H. For how long do we keep your personal data?
We will hold your personal data on our systems only for as long as required to provide you with the Services you have requested or to perform the purpose for which that data was collected.
Where you sign up to receive e-mail marketing from us we will retain your e-mail address on file should you ever ‘opt-out’ of receiving e-mails from us. We will retain your e-mail address in this way in order to ensure that we continue to honour and respect that opt-out request.
In some circumstances you can ask us to delete your data: see ‘Your Rights’ below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this data indefinitely without further notice to you.
I. International transfers
Your personal data may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your personal data to us, we may transfer your personal data to the United States and process it there.
If you would like more information about how the mechanism via which your personal data is transferred, please contact email@example.com.
Except as otherwise expressly included in this Policy, this Policy addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are users on the App or other Apps throughout the Internet, different rules may apply.
The App and Services may, from time to time, contain links to and from the Services of our partner networks, advertisers and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these external websites.
The App and Services are not directed to children under thirteen (13) years of age, and we do not knowingly collect personally identifiable information from such children. If you are younger than thirteen, please do not provide any personally identifiable information to us. If a person 13 years of age or younger has provided personal information to us, a parent or guardian of such person should contact us at firstname.lastname@example.org so that we can remove such personal information from our database.
We reserve the right to limit participation in particular programs, offers or promotions to those over 18 years of age.
L. Your Rights
As a data subject you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.
Right of Access
You may, at any time, request access to the personal data that we hold which relates to you (you may have heard of this right being described as a “subject access request”).
Please note that this right entitles you to receive a copy of the personal data that we hold about you in order to enable you to check that it is correct and to ensure that we are processing that personal data lawfully. It is not a right that allows you to request personal data about other people, or a right to request specific documents from us that do not relate to your personal data.
You can exercise this right at any time by writing to us using the contact details set out email@example.com and telling us that you are making a subject access request. You do not have to fill in a specific form to make this kind of request.
Your Right to Rectification and Erasure
You may, at any time, request that we correct personal data that we hold about you which you believe is incorrect or inaccurate. You may also ask us to erase personal data if you do not believe that we need to continue retaining it (you may have heard of this right described as the “right to be forgotten”). To do this, we recommend that you log into the App or Services.
We will not manually modify your personal information because it is very difficult to verify your identity remotely. Please note that we may ask you to verify any new data that you provide to us and may take our own steps to check that the new data you have supplied us with is right. Further, we are not always obliged to erase personal data when asked to do so; if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to erase we will tell you what that reason is at the time we respond to your request.
You must promptly update your personal information if it changes or is inaccurate. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law.
Your Right to Restrict Processing
Where we process your personal data on the basis of a legitimate interest (see the sections of this Policy which explain how and why we use your information) you are entitled to ask us to stop processing it in that way if you feel that our continuing to do so impacts on your fundamental rights and freedoms or if you feel that those legitimate interests are not valid.
We may process your data on the basis of a legitimate interest in the following ways:
– Optimised App content
– Track products and services that are popular
You may also ask us to stop processing your personal data (a) if you dispute the accuracy of that personal data and want us verify that data’s accuracy; (b) where it has been established that our use of the data is unlawful but you do not want us to erase it; (c) where we no longer need to process your personal data (and would otherwise dispose of it) but you wish for us to continue storing it in order to enable you to establish, exercise or defend legal claims.
Please note that if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to stop processing, we will tell you what that reason is, either at the time we first respond to your request or after we have had the opportunity to consider and investigate it.
You can exercise this right at any time by writing to us using the contact details set out firstname.lastname@example.org and telling us that you are making a request to have us stop processing the relevant aspect of your personal data and describing which of the above conditions you believe is relevant to that request. You do not have to fill in a specific form to make this kind of request.
Your Right to Portability
Where you wish to transfer certain personal data that we hold about you, which is processed by automated means, to a third party you may write to us and ask us to provide it to you in a commonly used machine-readable format.
Because of the kind of work that we do and the systems that we use, we do not envisage this right being particularly relevant to the majority of individuals with whom we interact. However, if you wish to transfer your data from us to a third party we are happy to consider such requests.
Your Right to stop receiving communications
Where we send you e-mail marketing communications (or other regulated electronic messages) you have the right to opt-out at any time. You can do this by using the ‘unsubscribe’ link that appears in the footer of each communication (or the equivalent mechanism in those communications).
Alternatively, if for any reason you cannot use those links, or if you would prefer to contact us directly – you can unsubscribe by writing to us at email@example.com and telling us which communications you would like us to stop sending you.
Your Right to object to automated decision making and profiling
You have the right to be informed about the existence of any automated decision making and profiling of your personal data, and where appropriate, be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you.
Exercising your rights
When you write to us making a request to exercise your rights we are entitled to ask you to prove that you are who you say you are. We may ask you to provide copies of relevant ID documents to help us to verify your identity.
It will help us to process your request if you clearly state which right you wish to exercise and, where relevant, why it is that you are exercising it. The clearer and more specific you can be, the faster and more efficiently we can deal with your request. If you do not provide us with sufficient information then we may delay actioning your request until you have provided us with additional information (and where this is the case we will tell you).
Insight Network Inc is located in the United States, as are the servers that make the App available. All matters relating to privacy issues are governed by the laws of the United States.
N. Policy Changes
We may amend this Policy at any time by posting the amended terms on the App, which will automatically take effect after they are initially posted except as otherwise specified. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice in the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
O. Contact Details
You may contact us at firstname.lastname@example.org to request access, correction or deletion of any information we have about you, or to submit questions or complaints about this Policy.