Steps Privacy Policy - Year of Code

STEPS - ACTIVITY TRACKER

Last updated: October 18, 2020

Welcome to Steps - Activity Tracker!

Steps - Activity Tracker is owned and operated by Year of Code, LLC. To make this Policy easier to read, we will sometimes refer to Year of Code, LLC (including our directors, officers, members, managers, employees, service providers, affiliates, successors and assigns) as ‘Year of Code”, “our”, “we”, or “us”; and we will refer to user(s) of the Service (including you) as “you” or “User(s)”. Certain portions of this Policy may apply differently depending on how you use the Service.

This Policy describes the types of information we may collect from you when you access or use the Steps - Activity Tracker mobile application (the “App”), or when you use or interact with any other products, applications, or features provided by us through the App (collectively, the “Service”). This policy also explains our practices for collecting, using, maintaining, protecting, and disclosing that information.

If you do not agree with this Policy, you should not use the Service. This Policy may change from time to time. We will notify you of significant changes, such as changes that affect how you can use or interact with the Service, or changes that affect how we process or share your personal data. However, it is your responsibility to check this Policy periodically for updates.

WE BELIEVE PRIVACY IS IMPORTANT

We understand the value of privacy when it comes to your personal data, so we have designed the App with privacy in mind. Specifically, most of your personal data is stored within the App on your local device, and is only accessible by you through your device. You should keep in mind that most of your personal data is only stored within the App on your device; so, if you delete the App, you are also deleting your data and we cannot recover your data after you have deleted the App. Keep reading for more details about what information and data we collect in connection with the Service and how we use and share that data.

TYPES OF INFORMATION WE COLLECT & HOW WE COLLECT IT

We, along with certain third-party companies or individuals with whom we work, may collect information directly and voluntarily from you when you use the Service or contact us directly. We collect both personal information and non-personal information, depending on how you use the Service and what information you provide to us.

Personal Information. Personal Information is generally any information that can be used to identify you individually, either by itself or in conjunction with other information. The table below contains examples of Personal Information we may collect and how we collect it, depending on how you use the Service.

Category of Data	Specific Examples	How is it collected?
Contact Information	Name, Phone number, Email address, Postal address, IP Address	Directly from you when you send it to us directly (eg, through a support request)
Health Information	Height, Weight, Date of birth, Biological sex	Directly from you when you provide it through the App
Workout & Activity Information	Workout data, Total steps taken, Total stairs climbed or descended, Heart rate, other physical activity metrics	Directly from you when you provide it through the App and/or automatically by the App when you use the App
Location Information	User location, Distance traveled, Recorded route of a walk or run	Automatically by the App when you are using the App, but only if you have agreed to location collection

Non-Personal Information. Non-Personal Information includes information that is about you or about your use of the Service but does not identify you personally. Sometimes, Non-Personal information may be considered Personal Information if it is or can be linked with other information to identify you.

The table below contains examples of Personal Information we may collect and how we collect it, depending on how you use the Service.

Category of Data

Specific Examples

How is it collected?

Device Information

IP Address, Phone carrier name and country, Language preference, Time zone, Vendor identifier, Advertising identifier

Automatically by the App and/or Third-Party Analytics Tools we use in connection with providing the Service

Usage & Analytics Information

Usage details and data, device and crash log information; Date and time of user requests; Diagnostic information about the App’s functionality

Automatically by the App and/or Third-Party Analytics Tools we use in connection with providing the Service

Please keep in mind that some of the types of information listed in the table above as Non-Personal Information may be considered Personal Information if it is or can be linked with other information to identify you.

The preceding examples of Personal Information and Non-Personal Information we may collect are illustrative, not exhaustive. All information we collect from you depends on how you use and interact with us and the Service.

Automatic Data Collection, Third Party Tools, and How We Use Them. We may use automatic data collection technologies and analytics tools (such as Google Firebase and Microsoft App Center) to collect information from your device regarding your equipment, functionality of the App, browsing actions, and patterns when you access, use, and interact with the Service. The information we collect automatically is statistical data, and generally does not include personal information. We use this information to gain insights about the functionality and use of the Service in order to improve the Service.

A Note About Location Information. The App is inherently designed to collect and track your location information in order to carry out its primary function, which is to provide you with accurate information regarding your steps and physical activity. Use location may also be tracked in connection with our use of automatic data collection technologies, such as Google Firebase. You can turn off location tracking through your device settings or simply delete the App if you do not want to allow for location tracking.If you turn off your the location tracking capability through your device settings, you will still be able to use some features of the App, including the basic step counter, but you will not be able to track or map the route you travel while working out or walking.

WE DO NOT COLLECT INFORMATION FROM MINORS

We do not knowingly solicit data from or market to children under 18 years of age. We do not have actual knowledge that we sell any personal information of minors. By using the Service, you represent that you are at least 18, or that you are the parent or guardian of a minor who is at least 13 years old, and you consent to and supervise such minor dependent’s use of the App. If we learn that personal information from users less than 13 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 13, please contact us at privacy@yearofcode.com.

HOW WE USE YOUR INFORMATION

We use personal information collected via the Service for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To create your account and facilitate the account setup process with your Consent. We use the information you provide us, such as your contact information, to facilitate account creation and logon if you decide to create an account.

To facilitate your interactions with the Service for Contractual and Business Purposes. We use the information you provide to us and/or information that is collected automatically through the App in order to facilitate your use of the Service. For example, the primary purpose of the App is to provide you with information about the total number of steps you have taken in a given time period, so we use the information we collect to do just that.

To respond to inquiries you submit to us with your Consent. We use the information you provide to us directly through electronic forms on the App, such as your contact information, to respond to any inquiries or requests you submit to us. Please note, by submitting a request or inquiry to us through the App, or via email, you are consenting to us using your information to respond directly to you regarding the request or inquiry.

To send administrative information to you for Business Purposes and/or possibly for Contractual Purposes. We may use your personal information to send you product, service and new feature information, as well as information about changes to our terms, conditions, and policies.

Deliver targeted advertising to you for our Business Purposes. We may use your information to develop and display content and advertising tailored to your interests and/or location and to measure its effectiveness. Please see below for more information about third-party advertising through our App, and how you can adjust your device settings in relation to third-party advertisements.

To send you marketing and promotional communications for Business Purposes. We may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails (if and when we send any marketing emails) at any time by clicking the unsubscribe button at the bottom of the email.

To post testimonials with your Consent. We may in the future post testimonials on our App that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update or delete your testimonial, please contact us at privacy@yearofcode.com and be sure to include your name, testimonial location, and contact information.

To protect the Service for Business Purposes and/or for Legal Reasons. We may use your information as part of our efforts to keep our App safe and secure (for example, for fraud monitoring and prevention) and to enforce our terms, conditions, and policies.

To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, requesting feedback from you regarding the Service, determining the effectiveness of our promotional campaigns and to evaluate and improve the Service and your experience.

HOW WE SHARE INFORMATION WITH OTHERS

We share and disclose your information in the following situations:

Third-Party Advertisers. We may share your data with third parties who pay us to provide advertising that you see through the App. The data we share with third party advertisers typically includes device data, such as an advertising identifier (which is generated from your device and can be reset by you through your device), the ios software version that is operating on your device, your device model, language settings, network connection type, and wireless carrier. You can adjust the settings in your device to opt out of interest-based advertising. Please see the instructions provided by Apple to opt out of interest-based advertising: https://support.apple.com/en-us/HT202074

Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: data analysis, hosting services, customer service and marketing efforts. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. This list is an example of some of our technology providers, but is not exhaustive and is subject to change from time to time.

• Google Analytics

• Amazon Web Services

• Zendesk

Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. Any information we share for this purpose will usually be in de-identified form.

With your Consent. We may disclose your personal information for any other purpose with your consent.

OUR DATA RETENTION PRACTICES

Most of your data is stored locally within the App on your device. We do retain information received as part of support requests and usage of the App. We may also retain and use your Personal Information as necessary to satisfy any legal requirements, including enforcing our rights and agreements and resolving disputes. We may not delete data that has been rendered completely anonymous or maintained in de-identified, aggregated form with data of other users (such as usage trend reports or other analytics data). Since most of your information is not backed up to our servers and is instead only accessible through the App on your device, you may lose all of your data if you delete the App, and we cannot recover any data that was stored solely within the App on your device before you deleted it.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

OUR DATA SECURITY PRACTICES

We implement security measures designed to protect your information from unauthorized access, use, or disclosure. We protect your information from potential security breaches by implementing certain technological security measures including encryption and secure socket layer technology, among other measures. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks, and Year of Code shall not be responsible for the circumvention of any of the Service’s privacy settings or security measures.

YOUR PRIVACY RIGHTS

We strive to provide transparency, security, and accessibility when it comes to your personal data.

You may request a copy of your personal data from us at any time. You may also request information regarding: (1) the categories of personal information we have collected about you and categories of sources from which we collected such information; (2) specific pieces of personal information we have collected about you; (3) categories of personal information that we have disclosed to third parties for a business purpose, and the categories of third-party recipients to whom this information was disclosed; (4) categories of personal information we have sold (as that term is defined by the CCPA), and the categories of third parties to whom the information was sold, if applicable; and (5) our business or commercial purposes for collecting or selling personal information.

We will need to verify that you are the individual about whom the requested information relates before we provide specific information to you. If you request a copy of your data, and we can complete the verification process described in more detail below, we will provide you a copy in a structured, electronic format. Please see the section below called “Exercising Your Rights & Request Verification” for more details.

You may also request that your personal data be corrected if you believe it is incorrect or incomplete, or that it be deleted entirely. We will delete your personal data upon your request if you send us a request with a description of the basis for your request; however, we may first restrict processing of your data as permitted under applicable law in order to assess your request prior to any deletion of data. We may also instruct you to delete the App if you wish to delete data that is stored solely on the App and accessible solely through your device.

Finally, you may object to our processing of your personal data, or request that we restrict the processing of your personal data. If you request that we restrict processing of your data, we will stop processing your data, but it may impact our ability to provide the Service to you, and we may still store your data as permitted under applicable law pending an assessment of your request.

We may not be able to delete your personal data except by also deleting your account, if applicable. We may not be able to accommodate a request to change or delete information if the change would violate any law or legal requirement, or if such change would cause the information to be incorrect.

You may revoke consent to our processing activities that are based on your consent, if and when applicable. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you are a resident of the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

If you fail to provide personal information when it is required by law or necessary for us to perform our obligations under a contract with you, we may not be able to perform the contract.

Among the rights described above, you also have the right to non-discrimination, which means we will not charge you different prices or provide different quality of services if you choose to exercise your rights, unless those differences are related to your personal information.

Exercising Your Rights & Requesting Verification

You do not need to create an account with us to exercise your rights to opt out, obtain your personal information, or request that we delete your information. However, we may ask you to provide additional personal information so that we can properly identify you to respond to your request. We will only use personal information that you provide in connection with an information and/or deletion request in order to review and comply with your request, and to track compliance with your request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.

In order to verify any requests you submit to receive or delete your information, you must contact us by using the “Get Help” link in the settings page of the App. We may ask for additional information if needed in order to complete the verification if we cannot verify you without additional information. You can submit a request by sending us an email with your name, email address, and a brief description regarding your request. Please submit all requests to privacy@yearofcode.com with the subject line “Privacy Request.”

You may also request that we do not sell your personal information, as defined by California law, at https://yearofcode.com/steps/do-not-sell/.

You may also designate an authorized agent to make requests on your behalf. In order to respond to a request from an authorized agent, the authorized agent must provide sufficient evidence to demonstrate that the requestor is an authorized agent with written permission to act on your behalf.

In certain circumstances, we may decline a request described above, particularly if we suspect fraudulent activity and/or if we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

LINKS TO OTHER WEBSITES AND SERVICES

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Policy applies solely to information collected by us through the Service. Therefore, this Policy does not apply to your use of a third party website accessed by selecting a link on our Site or otherwise via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites or integrations before proceeding to use them.

WE MAY UPDATE THIS PRIVACY POLICY

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

You have the right to make a complaint at any time to your local data protection authority if you have concerns regarding your rights under applicable law. We would, however, appreciate the chance to address your concerns so please contact us first so that we can discuss a resolution with you directly.

If you have questions or comments about the Service, this Policy, or any of our other policies, you may email us at privacy@yearofcode.com.

Our full details are:

Legal entity: Year of Code, LLC

Email address: privacy@yearofcode.com