UpRight’s Website and App Privacy Policy

Last Revised: May25, 2015

UpRightTechnologies Ltd. (“UpRight”, “Company” “we” or “us”) respects the privacy of the visitors and/or users of its Site (available at www.uprightpose.com) and App (“User” or “you”),and is committed to protect the personal information that its Users share with it. We believe that you have a right to know our practices regarding the information we may collect and use when you visit and/or use our Site and/or App.
Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use at [www.uprightpose.com/terms-of-use](“TOU”), into which this Privacy Policy is incorporated thereto by reference.


 
1. Your Consent (PLEASE READ CAREFULLY!)

BY INSTALLING THE APP ON YOUR MOBILE DEVICE, ENTERING INTO, CONNECTING TO, ACCESSING AND/OR USING THE APP OR ENTERING, CONNECTING TO,ACCESSING OR USING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY (THE “PRIVACY POLICY”), INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT INSTALL, ACCESS AND/OR USE THE APP AND/OR SITE AND YOU ARE REQUESTED TO PROMPTLY UNINSTALLTHE APP FROM YOUR MOBILE DEVICE.


 
2. Which information we may collect on our Users?
We may collect two types of data and information from our Users:

a. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information.Non-Personal Information is any unconcealed informationwhich does not enable identification of an individual User,and which is available to uswhile such User isentering and/or using the Site and/or App and/or installs the App. Non-personal Information which is being gathered consists of technical information, behavioral informationand aggregated information, and may contain, among other things, the activity of the User on the Site and/or App, type of operating system,type of the User’s mobile device and its operating system and version,User’s ‘click-stream’ on the Site and/or App, type of browser and keyboard language, the hardware specifications of such device (including screen resolution), time spent on various screens of the App,User demographics and biomechanical data, traffic patterns, etc.

b. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.

• Users of the Site and/or App may automatically provide their IP address (or Mac Address, as applicable)and/or advertiser identifier (when available on a device)mainly for enhancing the User’s experience and for geo-location and security purposes as further detailed below.We note that UpRight may collect, use and provide access to the User’s advertising identifier in accordance with the applicable platform provider’s policies.

• In addition, Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by the User. The Personal Information is collected from the details the User provides when opening an Account in order to use the Service. The following information may be requested of Users to create an Account using our registration form: the User’s full name, date of birth, e-mail address, height, weight and gender. UpRight hereby reserves the right to request additional information in the future.Alternatively, the User can open an Account and signup to the Service via existing third party accounts (e.g.,Facebook, Google+ etc.) used by him/her, which use a single sign-on mechanism (“Social Network Account”). In the event that a User registers to the Service through his/her existing Social Network Account then such Social Network Accountprovides us with access to certain information about such User as is stored in the User’s Social Network Account, namely, any information which is detailed and displayed to the User in the notice which appears during the integration process with such Social Network Account(for example, the User’s name, email address, profile picture and other information the User make publicly available via the applicable third party platform). Please read carefully such notice in order to understand what information is available to UpRight via Social Network Account. We may collect your login information and other relevant information necessary to enable us to access your Social Network Account (such as, User access token) in order to collect and/or store, to the extent legally permissible the abovementioned data contained within your Social Network Account which you provided us access to. UpRight may store the above-mentioned information (or any part of it), in order to achieve the purposes set forth herein. Please remember that the manner in which the applicable social network uses, stores and discloses your information is governed solely by its policies and UpRight shall have no liability or responsibility for the privacy practices or other actions of the applicable social network that may be available within our App and/or SiteYou hereby agree that such information will be stored even after the linkage to your Social Network Account expires, for any reason.

• Users of the Device may provide us with certain data such as detailed information collected while UpRight monitors such User’s movements, activity and posture.

• The following information may be gathered in order to ship you the Device: full name, country, address, city, state, zip code, e-mail address and phone number.
Note: the following information may be gathered from the User directly by Online Payment Services: e-mail, ID/SSN, payment information (i.e. bank account number, credit card or debit card numbers) (see Section 10 below regarding the payment method). The financial information described above is not collected by UpRight.
For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.
We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance to the Terms of Use and the Privacy Policy.


 
3. How Do We Collect Information on Our Users?
There are two main methods we use:

a. We collect information through your entry, connection, installation, access and/oruse of the App, Device and/or Site. In other words, when you are using the Service we are aware of it and may gather, collect and store the information relating to such usage.

b. We collect information which you provide us voluntarily. For example, we collect Personal information which you voluntarily provide when you open an Account.We may also collect Personal Information when you register and open an Account by registering through your Social Network Account. When registering through your Social Network Account, you agree to grant us access to Personal Information stored in your Social Network Account, as detailed above.
We may gather, collect and store such information either independently or through the help of our authorized third-party service providers as detailed below.


 
4. What are the Purposes of the Collection of Information?
We collect Non-personal Information and Personal Information in order to provide the Site and/or Service.
Non-personal Information is collected in order to:
• Use it for statistical and research purposes and for customization and improvement of ourService.
• Provide and improve the Service for our commercial purposes.
• Improve the quality of the Service by formulating, customizing and enhancing the User’s experience.
Personal Information is collected in order to:
• Provide and improve the Service.
• Send you the Device.
• Improve the quality of the Service by formulating, customizing and enhancing the User’s experience.
• Allow us to contact you with proposals and tailored information regarding new products, events, offers, services, features, enhancements, special offers, upgrade opportunities, and events of interest etc.
• Send push notifications to the User’s device after the User has agreed to accept push notifications from UpRight. Users can deactivate push notification by changing the notification settings on your device (iOS) or by changing your settings within our Services (Android).
• Verify the User’s identity when he/she signs in to the Service, as well as verifying User’s identity for the purpose of dealing with inappropriate interactions of User and/or fraudulent use of our Service.
• Be able to contact Users for the purpose of providing them with technical assistance and support.
• Determine general geo-location information (i.e., country) from which the User’s computer is connected to the Internet in order for us to know the general location of our Site’s and Service’s Users as well as in order to safeguard our Siteand/or Service.


 
5. Sharing Information with Third Parties
UpRight will not share any Personal Information it collects with any third party. Notwithstanding, UpRight may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the TOU, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User’s support requests; (e) to respond to claims that any content available on the Serviceviolates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of UpRight, its Users, or the general public; (h) when UpRightis undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets; (i) to collect, hold and/or manage your Personal Information through UpRight’s authorized third parties service providers (including, as applicable, their affiliates as necessary to provide us with the requested services), as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (j) to store or process your Personal Information through UpRight’s affiliated companies, which may be located in a country that does not have the same data protection laws as your jurisdiction. UpRight requires its affiliated entities to agree to processing your Personal Information in compliance herewith; (k) cooperate with third parties for legitimate business purposes, including without limitation, enhancing the User’s experience;and/or (l) pursuant to your explicit approval prior to the disclosure.
For avoidance of doubt, UpRighthas the unrestricted right to useNon-personal Information for any purpose and to transfer and disclose Non-personal Information to third parties at its own discretion.


 
6. Deletion or Modification of Personal Information
If for any reason you wish to update or modify your Personal Information included in your Account you may do so by clicking the “Settings” option available through the App. If for any reason you wish to delete your account and/or change your e-mail address please send us an e-mailwith adequate detail of your request to:hello@uprightpose.com, and we will make reasonable efforts to modify or delete any such Personal Information pursuant to any applicable privacy laws.Note that unless you instruct us otherwise we may retain and use your Personal Information after termination of your Account, for as long as reasonably required for the purposes of which such Personal Information was collected, including without limitation, for future analytics and analysis, in order tocomply with our legal or business requirements or obligations, to resolve disputes, to enforce our Terms and/or to enable the User to reinstate his/her Account, all as permitted under any applicable privacy laws.
Aggregate and/or anonymous information derived from your Account and/or use of the Service may remain on UpRight servers indefinitely.


 
7. Minors
The site and/or Appare intended for Users over the age of fourteen (14). Therefore, UpRight does not intend and does not knowingly collect Personal Information from minors under the age of fourteen (14)and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of fourteen (14) are not using the Service. If we learn that we collected Personal Information from minors under the age of fourteen (14)we will delete that information as quickly as possible. Please contact UpRight athello@uprightpose.com if you have reasons to suspect that UpRightcollected Personal Information from minors under the age of fourteen (14) and will delete that information as quickly as possible.


 
8. Security
We take reasonable measures to maintain the security and integrity of our Site and/or App and User information and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures.Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur.


 
9. Third Party Service Providers
We may be using third party software or service in order to collect, host, store and/or process the information detailed herein. UpRight uses commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of non-personal and personal information. Such software include without limitation, Google Analytics which privacy policy can be found atwww.google.com/policies/privacy/partners/, and at http://www.google.com/intl/en/analytics/privacyoverview.html. However, UpRight does not control such third party service providers. Please read their terms of use and privacy policies to understand their privacy practices.


 
10. Payment
Payments are processed via Online Payment Services. The use of the Online Payment Services is at your sole discretion and liability. It is your responsibility to abide by all the terms specified by the Online Payment Services’ providers in their terms of use and privacy policies, including but not limited to any age restrictions specified therein.


 
11. International Data Transfer
We may transfer information collected about you, including Personal Information, to affiliated entities, or to other third party service provides (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that we may transfer such information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such transfer of information.


 
12. Links to Third Party Websites
Certain links provided herein permit our Users to leave this Siteand enter non-UpRight sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of UpRight and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, UpRight is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. UpRight reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.


 
13. Cookies and Other Tracking Technologies
When you access or use the Site and/or App,UpRight and/or ourthird partyservice providers mayuseindustry-wide technologies such as “cookies”or other similar technologies, which store certain local information on your device or on the Site (“Cookies”), which may enable, inter alia, automatic activation of certain features and make the User’s experience and usage simpler, more relevant, convenient and effortless. Such information is locally stored on your computer or on your device.UpRight and/or our authorized third party service providers may access such information. UpRight and/or our authorized third party service providers may use both session cookies (which expire once you close the App) and persistent cookies (which stay on the User’s device until he/she deletes them). Such Cookies included in the Service may store non-personal information (such as the different pages viewed by a User within the App and/or Site). It is easy to prohibit and/or delete theCookies, inter alia, via uninstalling the App from your mobile device and/or through the Settings option of your device. Most platforms will allow you to erase cookies from your computer’s hard drive or from you device, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Cookies you may use the settings option of your device or according to the specific instructions provided by the third party service provider’s privacy policy and terms of use. However, if you block or erase cookies, or change the settings of your device, your online and/or App experience may be limited. Third-party cookies usually store only a Non-personal Information, such as the web pages you have visited, the duration of your browsing, etc.UpRight does not control such third party service providers.


 
14. Advertisements
Users may receive advertisements and commercials (including without limitation coupons, discounts, etc.) from third party advertisers and/or our authorized service providers and/or vendors. By clicking the advertisements or commercials you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and/or from others. Note that if you click on any of these advertisements, these advertisers may use Local Storage including without limitation cookies and other web-tracking technologies (such as tracking pixel agent or visitor identification technology, etc.) to collect data regarding advertisement performance, your interaction with such ads and our App and your interests (which may include, non-personal and/or personal information (such as, device and network information, unique identifiers, gender, age and location) about you) in order to serve you advertisements and for the legitimate business interests of such third parties ad networks. We recommend that you review the terms of use and privacy policy of any advertiser with which you are interacting before doing so. Their privacy policy, not ours, will apply to any of those interactions.

All the information contained in such advertisements and commercials belongs solely to the advertisers and the Company makes no warranties or representations in respect of such, whether or not the Company has control over such advertisements or commercials and these are provided on an “AS IS” basis. In any event, the Company will not be liable for any damage or loss incurred to you as a result of or in connection with such advertisements or commercials. The Company, advertisers and/or related third-parties may be entitled to certain shares of the earnings for such advertisements and/or commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto.


 
15. Direct Marketing
You hereby agree that we may use your contact details for the purpose of informing you of products, services and other updates and new features which may be of interest to you, as well as for sending you other materials to the e-mail address you provided in the registration process. You may withdraw your consent via sending a written notice to UpRight by e-mail to the following e-mail address: hello@uprightpose.comor alternatively following the instructions for removing yourself from the mailing list which are available in the e-mail transmitted to you.


 
16. Changes to the Privacy Policy
The terms of this Privacy Policy will govern the use of the Siteand/or Appand any information collected with respect thereto. UpRightreserves the right to change this policy at any time, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and/or homepage of the Site and/or we will send you an e-mailregarding such changes to the e-mail address that you may have provided us with. Such substantial changes will take effect seven (7) days after such notice was provided on our Site and/or App or sent by e-mail, whichever is the earlier. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Site and/or App after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.


 
17. Got any Questions?
If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email to the following address: hello@uprightpose.com and we will make an effort to reply within a reasonable time frame.