Privacy Policy

Effective date: April 2, 2020
This Privacy Policy was last updated September 2, 2021

We are Goplay. We provide mobile application platforms and services, designed to enable you to earn virtual (video game) currency for being physically active.To do that, we need information about you. Protecting your privacy is really important to us. We only use your information where we have a legal basis to do so. This Privacy Policy will help you understand what information we collect, how we use it and what choices you have when you use any of our services, our websites, buy in app purchases from us, or take part in live events and promotions (the "Services"). We need to collect and use certainPersonal Data to provide the Services to you and fulfill the promises we make to you in the Terms of Service.

1. Information You Provide Us

2. Information We Receive From Your Use Of Our Services

Device Information
‍Your device collects data to estimate a variety of metrics like the number of steps you take, the distance you travelled, calories burned, weight, heart rate, active minutes and location. The data collected varies depending on which device you use. When your device syncs with our applications or software, data recorded on your device is transferred from your device to our servers.
‍Geolocation Information
‍TheServices include features that use precise geolocation data, including GPS signals, device sensors, Wi-Fi access points, and mobile mast IDs. We collect this type of data if you grant us access to your location. You can always remove our access using your mobile device settings. We may also derive your approximate location from your IP address. Please note that, with your consent, we will collect information about your location and physical movements in order for the Service to function properly and monitor and verify forms of eligible movement.  You may turn location monitoring on and off from time to time using the settings of your operating system of your mobile device but, if you disable this functionality, we will not be able to collect information relating to your step-count and GPS/Cell-ID location which will prevent tracking and/or conversion of your movement intoGoBits.

Usage Information
‍When you access or use our Services, we receive certain usage or network activity information. This includes information about your interaction with theServices, for example, when you view or search content, install applications or software, create or log into your account, pair your device to your account, or open or interact with the Goplay application. We also collect data about the devices and computers you use to access theServices, including IP addresses, browser type, language, operating system, activity tracker or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.
‍Information We Receive From Third Parties
‍If you choose to connect your account on our Services to your account on another service, we may receive information from the other service. For example, if you connect to Facebook or Google, we may receive information like your name, profile picture, age range, language, email address, and friend list. You may also choose to grant us access to your exercise or activity data from another service. You can stop sharing the information from the other service with us by removing our access to that other service. We may work with third parties from time to time (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) who may provide us information about you. This may include your purchase history from business partners who supply you with rewards made available via the Goplay App.

3. How We Use Information

Provide And Maintain The Services
‍Using the information we collect; we are able to deliver the Services to you and honor our Terms of Service contract with you. For example, we need to use your information to provide you with yourGoplay dashboard tracking your activity and other trends; to enable the community features of the Services; and to give you customer support. For the Services’ community features, we may use your information to help you find and connect with other users and to allow other users to find and connect with you. For example, your account contact information allows other users to add you as a friend. When another user has your email or mobile phone number in their contact list or in their friend network on a connected service, we show that user that you are a user of the Services. 
‍Improve, Personalize And Develop The Services
‍We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services. When you allow us to collect precise location information, we use that information to provide and improve features of the Services such as recording where activity took place or mapping an activity.
‍Communicate With You
‍We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notifications by using your notification preferences in account settings or via the “Unsubscribe” link in an email.
‍Promote Safety And Security
‍We use the information we collect to promote the safety and security of theServices, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies. We use cookies and similar technologies for the purposes described above. For more information, please read our Cookie Use Statement.

4. How Information Is Shared

When You Agree Or Direct Us To Share

You may direct us to disclose your information to others, such as when you use our community features like the forums, leaderboard, and other social tools. For certain information, we provide you with privacy preferences in account settings and other tools to control how your information is visible to other users of the Services. Just remember that if you choose to participate in a challenge, information like your profile photo, posted messages, total steps in the challenge, personal statistics, and achievements, is not governed by your privacy preferences and will be visible to all other challenge participants. You may also direct us to share your information in other ways, for example, when you give a third-party application access to your account.

For External Processing
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We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.
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For Legal Reasons Or To Prevent Harm
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We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.
Please note: Our policy is to notify you of any legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise, activity or video game habits and use to partners under agreement with us, or as part of the community benchmarking information we provide to users of our services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.

5. Your Rights To Access And Control Your Personal Data

We give you account settings and tools to access and control your personal data, as described below, regardless of where you live. If you live in certain jurisdictions, you may have legal rights with respect to your information, which your account settings and tools allow you to exercise, as outlined below.

Accessing and Exporting Data

By logging into your account, you can access much of your personal information, including your dashboard with your daily exercise and activity statistics.

Editing and Deleting Data

By logging into your account and using your account settings, you can change and delete your personal information. For instance, you can edit or delete the profile data you provide and delete your account if you wish.If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all your information, like the data recorded and other data stored in our backup systems. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm, including as described in the How Information Is Shared section.

6. Data Retention

We keep your account information, like your name, email address and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. For instance, when you provide your contact list for finding friends on the Services, we delete the list after it is used for adding contacts as friends. We keep other information, like your exercise or activity data, until you use your account settings or tools to delete the data or your account because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the How We Use Information and How Information Is Shared sections.

7. Analytics And Advertising Services Provided By Others

We work with partners who provide us with analytics and advertising services. This includes helping us understand how users interact with the Services, serving advertisements on our behalf across the internet, and measuring the performance of those advertisements. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications. To learn more and about your privacy choices, please read our Cookie Use statement.

8. Our Policies For Children

We appreciate the importance of taking additional measures to protect children’s privacy. Goplay requires parents to consent to set up accounts for their children (“Children’s Account”). Parents or guardians must consent to the use of their child’s data in accordance with this Privacy Policy for Children’s Accounts in order to create such an account.

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to create accounts unless their parent has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at data-protection@goplay.io

9. Information Security

We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact Customer Support.

10. International Operations And Data Transfers

We operate internationally and transfer information in the United States and to other countries for the purposes described in this policy. We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent, the EU-US and Swiss-US Privacy Shield, and EU Commission approved model contractual clauses, which require certain privacy and security protections.

Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create a Goplay account and click “I agree” to data transfers, irrespective of which country you live in. If you later wish to withdraw your consent, you can delete your Goplay account as described in the Your Rights To Access and Control Your Personal Data section.

11. European Privacy Disclosures

Health And Other Special Categories Of Personal Data
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To the extent that information we collect is health data or another special category of personal data subject to the GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you link your device to your account or grant us access to your exercise or activity data from another service. You can use your account settings and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service or deleting your data or your account.

Our Legal Bases For Processing Personal Data
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For personal data subject to the GDPR, we rely on several legal bases to process the data, including:

• When you have given your consent, which you may withdraw at any time using your account settings and other tools;
• When the processing is necessary to perform a contract with you, like the Terms of Service; and
• Our legitimate business interests, such as in improving, personalizing and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described in the How We Use Information section.

How To Exercise Your Legal Rights
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Please review the Your Rights To Access and Control Your Personal Data section for how your account settings and tools allow you to exercise your rights under the GDPR to access and control your personal data. In addition to the various controls that we offer, in certain circumstances, you can seek to restrict our processing of your data, or object to our processing of your data based on our legitimate interests, including as described in the How We Use Information section. Under the GDPR, you have a general right to object to the use of your information for direct marketing purposes. Please see your notification settings to control our marketing communications to you about Goplay products. Our Cookie Use statement describes your options for controlling how we and our partners use cookies and similar technologies for advertising. Please note that you can always delete your account at any time.

If you need further assistance regarding your rights, please contact our Data Protection Officer at data-protection@goplay.io, and we will consider your request in accordance with applicable laws. You also have a right to lodge a complaint with your local data protection authority.

12. California Privacy Disclosures

If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act ("CCPA").

How To Exercise Your Legal Rights

You have the right to understand how we collect, use and disclose your personal information, to access your information, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights using your account settings and tools as described in the Your Rights To Access and Control Your Personal Data section, for example:

• By logging into your account and using your account settings, you may exercise your right to access your personal information and to understand how we collect, use, and disclose it.
• Your account settings also let you exercise your right to delete personal information.

If you need further assistance regarding your rights, please contact our Data Protection Officer at data-protection@goplay.io, and we will consider your request in accordance with applicable laws.

Categories Of Information We Collect, Use, And Disclose For Business Purposes
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As described in the Information We Collect section, we collect the categories of personal information listed below. We receive this information from you, your device, your use of the Services, third parties (like the other services you have connected to your Goplay account, and as otherwise described in this policy. We use and disclose these categories of information for the business purposes described in the How We Use Information and How Information Is Shared sections, respectively. The categories are:

• Identifiers, like your name or username, email address, postal address, phone number, IP address, account ID, device ID, cookie ID, and other similar identifiers.
• Demographic information, such as your gender, age, health information, and physical characteristics or description, which may be protected by law.
• Commercial information, and records of the Services or devices you purchased, obtained or considered.
• Biometric information, such as your exercise, activity, sleep or health data, including the number of steps you take, distance travelled, calories burned, weight, heart rate, sleep stages, active minutes, and any similar information to which you grant us access from another service.
• Internet or other electronic network activity information, such as the usage data we receive when you access or use our Services. This includes information about your interactions with the Services and about the devices and computers you use to access the Services.
• Geolocation data, including GPS signals, device sensors, Wi-Fi access points, and mobile mast IDs, if you have granted us access to that information.
• Electronic, visual or similar information, such as your profile photo or other photos.
• Inferences drawn from any of the above, including the number of calories you burned, distance you travelled, sleep insights, and personalized exercise and activity goals.

We never sell the personal information of our users. We do work with partners who provide us with advertising services as described in the Analytics and Advertising Services Provided By Others section. To learn more about how these partners collect data and your options for controlling the use of your information for interest-based advertising, please read our Cookie Use statement.

13. Changes To This Policy

We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services.

14. Contact

Goplay Inc. is located at 1410 Forrest Avenue, Nashville Tennessee, 37206. Contact us by email: data-protection@goplay.io