• @SenseUBaby
  • @SenseUBabyMonitor

ABOUT US

Sense-U is a high-tech startup in Silicon Valley, U.S

Address: Cupertino, CA,95014, U.S

Email: info@sense-u.com

© 2019 BY SENSE-U INC. ALL RIGHTS RESERVED.

Privacy Policy

Terms Of Service

Sense-U designs products and tools that track everyday health and fitness to empower and inspire users to lead healthier, more active lives. These Terms of Service (“Terms”) govern your use of our personal fitness and electronic body monitoring products; our websites, including www.sense-u.com; the software embedded in Sense-U devices, the Sense-U mobile applications, memberships and other Sense-U services (collectively, the “Sense-U Service”).

You must accept these Terms to create a Sense-U account and to use the Sense-U Service. If you do not have an account, you accept these Terms by visiting www.sense-u.com or using any part of the Sense-U Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.SENSE-U.COM OR USE THE SENSE-U SERVICE.

These Terms May Change

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.sense-u.com. We will notify you by email, through the Sense-U Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights.

When you use the Sense-U Service after a modification is posted, you are telling us that you accept the modified terms.

Read Our Privacy Policy

Any information that Sense-U collects through your use of the Sense-U Service is subject to the Sense-U Privacy Policy, which is part of these Terms.

Who Can Use Sense-U?

You may use the Sense-U Service if you are over 13 years of age and are not barred from receiving services under applicable law.

Creating an Account

Full use of the Sense-U Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. Sense-U is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the Sense-U Service. These communications are part of the Sense-U Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

Necessary Equipment

Full use of the Sense-U Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Sense-U Service and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content On The Sense-U Service

You may post photos, exercise regimens, food logs, recipes, comments, and other content (“Your Content”) to the Sense-U Service. You retain all rights to Your Content that you post to the Sense-U Service. By making Your Content available on or through the Sense-U Service you grant to Sense-U a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Sense-U Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Sense-U Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You also agree that Your Content will comply with the following community guidelines:

  • Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.

  • Do not post profane or explicit content.

  • Do not post profile pictures that might be considered inappropriate.

  • Do not post communications that could be interpreted as threatening or harassing.

  • Do not post, advertise, or promote products or services commercially.

Sense-U’s Rights

“Sense-U Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Sense-U Service to you. Except for Your Content, Sense-U Content, the Sense-U Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sense-U Service.

What You Can Do On The Sense-U Service

The Sense-U Service is intended for your personal, non-commercial use. Sense-U grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Sense-U Content, (2) access and use the software and mobile applications provided by the Sense-U Service, and (3) use the software that is embedded into Sense-U products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Sense-U Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sense-U Content, Sense-U Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sense-U or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do On The Sense-U Service

Except to the extent permitted by law, you may not do any of the following while accessing or using the Sense-U Service: (1) use, display, mirror or frame the Sense-U Service or any individual element within the Sense-U Service, Sense-U’s name, any Sense-U trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sense-U’s express written consent; (2) access or tamper with non-public areas of the Sense-U Service, Sense-U’s computer systems, or the technical delivery systems of Sense-U’s providers; (3) test the vulnerability of any Sense-U system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Sense-U or any of Sense-U’s providers or any other third party (including another user) to protect the Sense-U Service or Sense-U Content; (5) access the Sense-U Service or Sense-U Content through the use of any mechanism other than through the Sense-U Service or Sense-U API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Sense-U provides to you or any other part of the Sense-U Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the Sense-U Service, Sense-U Content, or Your Content or to review or edit any Sense-U Content or Your Content, but we have the right to do so for the purpose of operating the Sense-U Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Sense-U Service, any Sense-U Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Sense-U Content, Your Content, or your use of the Sense-U Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Sense-U Service.

Use The Sense-U Service At Your Own Risk

Our goal is to provide helpful and accurate information on the Sense-U Service, but we make no endorsement, representation or warranty of any kind about any Sense-U Content, information, services or recommendations.. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Sense-U Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any Sense-U Content or the Sense-U Service, you do so solely at your own risk.

Consult Your Doctor Before Using The Sense-U Service

The Sense-U Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Sense-U Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Sense-U Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Sense-U Service. If you engage in any exercise program you receive or learn about through the Sense-U Service you agree that you do so at your own risk and are voluntarily participating in these activities. If you start to experience redness or skin irritation on your wrist, remove your device. If symptoms persist longer than 2-3 days of not using your device, contact a dermatologist.

Use Common Sense

Use of the Sense-U Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Sense-U product or service.

You Agree to Receive Alerts And Notifications

As part of your use of the Sense-U Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

We Are Not Responsible For Third-Party Links On The Sense-U Service

The Sense-U Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Sense-U’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

Sense-U Does Not Control Third-Party Services That You Link With Your Sense-U Account

The Sense-U Service may provide the opportunity for you to link your Sense-U account, Sense-U data, or the Sense-U Service with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the Sense-U Service are not part of the Sense-U Service. You acknowledge that these Terms and the Sense-U Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Changes To The Sense-U Service

Sense-U may change or discontinue, temporarily or permanently, any feature or component of the Sense-U Service at any time without notice. Sense-U is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Sense-U Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Sense-U products without prior notice to you.

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting info@sense-u.com. Upon any termination, discontinuation or cancellation of the Sense-U Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Sense-U Service; Sense-U’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Sense-U Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Disclaimers

THE SENSE-U SERVICE AND SENSE-U CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Sense-U Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Sense-U Content. You acknowledge and agree that if you rely on any Sense-U Content or the Sense-U Service, you do so solely at your own risk.

Indemnity

You will indemnify and hold harmless Sense-U and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Sense-U Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation Of Liability

NEITHER SENSE-U, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SENSE-U SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSE-U SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENSE-U HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SENSE-U’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSE-U SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO SENSE-U FOR USE OF THE SENSE-U SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SENSE-U, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENSE-U AND YOU.

Dispute Resolution

You agree that any dispute between you and Sense-U arising out of or relating to these Terms of Service, the Sense-U Service, or any other Sense-U products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sense-U, you agree to try to resolve the Dispute informally by contacting info@sense-u.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Sense-U may bring a formal proceeding.

We Both Agree To Arbitrate: You and Sense-U agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting info@sense-u.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Sense-U will pay all arbitration fees for claims less than $75,000. Sense-U will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or Sense-U may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sense-U products or Sense-U Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with Sense-U on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sense-U agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Sense-U consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sense-U products or Sense-U Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Sense-U and you regarding the Sense-U Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sense-U and you regarding the Sense-U Service and Sense-U Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Sense-U’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sense-U may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Sense-U under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Sense-U Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Sense-U’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sense-U. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

Sense-U Privacy Policy

Sense-U designs products and tools that track everyday health and fitness to empower and inspire users to lead healthier, more active lives. This Privacy Policy applies to our personal fitness and electronic body monitoring products (“Devices”), our websites located at www.sense-u.com, (individually a “Site” and collectively “Sites”), the Sense-U mobile applications (each an “App” and collectively the “Apps”). The Devices, Sites, Software and Apps are collectively referred to in this Policy as the “Sense-U Service,” and by proceeding to use the Sense-U Service you consent that we may process the data that we collect from you in accordance with this Privacy Policy.

Because we’re always looking for new and innovative ways to help you achieve your fitness goals, this policy may change over time, but any future changes will not affect data that was collected under a previous version of this policy. If any modifications substantially change your rights, we will send an email summarizing the changes to the address associated with your Sense-U account and provide notice on the Site.

And remember, we’re here to help. If something in this policy does not make sense or if you have any questions, please contact us.

What Data Does Sense-U Collect?

When You Activate a Device

When activating a Sense-U Device, you will be asked to download the Sense-U App or install Software and enter information about yourself, such as height, weight and gender. We use this information to personalize your fitness stats–for example, calories burned and distance traveled. Depending upon the specific Device you use, it can collect data such as the number of steps you take, your weight, measure your sleep quality and transmit this data to Sense-U.

When You Create a Sense-U Account

If you want to access data collected by your Device, you must create a Sense-U account. When you create a Sense-U account, we ask for some personal information, including your email address and date of birth. Your email address will be your Sense-U account user name, which you will use to log-into your account. We do not display your email address to other users. Instead, others will see the name or nickname you enter in your profile settings.

You can also create your Sense-U account using a different credential such as a Facebook or Google+ account. We will ask permission to access basic information from that account, such as your name, profile picture, and friend list. You can stop sharing that information with us at any time by removing Sense-U’s access to that account. We will access your phone’s contact list for the purpose of letting you identify contacts who are Sense-U users. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose.

When You Add Information to Your Account

You can customize your Sense-U experience by adding other types of information to your account, such as entering a food log or setting an alarm, personalizing your profile with photos, participating in discussion boards, or sending messages to your Sense-U friends. Whenever you add this type of data, we collect it and store it in your Sense-U account.

When You Visit Our Sites

Sense-U collects industry standard data from everyone who visits our Sites—even if you don’t have a Sense-U account. This includes log data that automatically records information about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address you used to access pages on the Site. We use this type of information to provide you with an experience that’s relevant to your location based on the IP address, to prevent Site misuse, and to ensure the Site is working properly. We also collect data from cookies.

When You Sync Your Device

When you sync your Device through an App or the Software, data recorded on your Device about your activity is transferred from your Device to our servers. This data is stored and used to provide the Sense-U Service and is associated with your account. Each time a sync occurs, we log data about the transmission. Some examples of the log data are the sync time and date, device battery level, and the IP address used when syncing.

When You Make Purchases From Our Store

We do not view or store your credit card information. This is handled by our third-party payment processor. We store your shipping address so we can process your order through our fulfillment partner. If you are logged into your Sense-U account when you purchase something on our Site, we associate that order with your Sense-U account.

When You Contact Us For Help

Whenever you contact Sense-U for help, we collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the Sense-U Service. If you contact us when you are already logged in to your account, the web form automatically pre-fills this information, so you don’t have to type it manually. You can also contact Sense-U on public forums such as Twitter or Facebook; however, we cannot maintain the privacy of your communication to us if you contact us through these channels.

When You Add Friends

To help you stay motivated on your fitness journey, Sense-U lets you add friends who are already Sense-U users or invite friends who have not yet joined. You can add friends in several ways, such as by providing their email addresses, or by accessing social networking accounts or from the contact list on your phone. When you share your friends’ contact information with us to add them as a friend, we will only use it for this purpose. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose.

When You Activate Location Features

The Sense-U Service includes features that require the collection of specific location data, including: GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We only collect this type of data when you activate a location feature, such as run mapping. We stop collecting this type of data when you deactivate the feature. We store this information in your Sense-U account. If you are using a mapping feature, we will send your location information to our mapping service provider so they can display your location on a map. They are contractually prevented from sharing or using this data for any other purpose.

Information From Other Sources

We do not collect any information about you from other sources outside of your interaction with the Sense-U Service.

How We Use Your Data

Sense-U uses your data to provide you with the best experience possible, to help you make the most of your fitness, and to improve and protect the Sense-U Service. Here are some examples: Height, weight, gender and age are used to estimate the number of calories you burn. Contact information is used to send you notifications, allow other Sense-U users to add you as a friend, and to inform you about new features or products we think you would be interested in. Data and logs are used in research to understand and improve the Sense-U Device and Sense-U Service; to troubleshoot the Sense-U Service; to detect and protect against error, fraud or other criminal activity; and to enforce the Sense-U Terms of Service. De-identified data that does not identify you may be used to inform the health community about trends; for marketing and promotional use; or for sale to interested audiences.

What Data May be Shared With Third Parties?

First and foremost: We don’t sell any data that could identify you. We only share data about you when it is necessary to provide the Sense-U Service, when the data is de-identified and aggregated, or when you direct us to share it.

Data That Could Identify You

Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or address, or data that could reasonably be linked back to you. We will only share this data under the following circumstances: With companies that are contractually engaged in providing us with services, such as order fulfillment, email management and credit card processing. These companies are obligated by contract to safeguard any PII they receive from us. If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service or Terms of Sale, to protect the security or integrity of the Sense-U Service, and/or to protect the rights, property, or safety of Sense-U, its employees, users, or others. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so. We may disclose or transfer your PII in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company. We will notify you if a different company will receive your PII and the promises in this Privacy Policy will apply to your data as transferred to the new entity.

Data That Does Not Identify You (De-identified Data)

Sense-U may share or sell aggregated, de-identified data that does not identify you, with partners and the public in a variety of ways, such as by providing research or reports about health and fitness or as part of our Premium membership. When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you.

Data that You Direct Us to Share

You can direct us to share data with other parties. For example, you might authorize us to link your Sense-U account with a third-party app; send status updates to your Facebook or Twitter account; or direct us to share data with your employer as part of a wellness program. Once you direct us to share your data with a third party, that data is governed by the third-party’s privacy policy. You can revoke your consent to share with the third party at any time in your Sense-U account settings.

Other Ways You Might Share Your Data

Default Visibility Settings

The privacy settings on new Sense-U accounts are set to reveal minimal data about you with the purpose of getting you active and involved with the Sense-U Service.

Community Posts

To post to Sense-U community message boards, you’ll be asked to create a community username that’s separate from your Sense-U profile name. This community username will be posted next to any comments you publish on community message boards. Other information, like a profile photo that you’ve added to your Sense-U account will also be visible on message boards, depending on your Sense-U account settings.

Contests and Giveaways

Sense-U may offer opportunities to participate in contests, giveaways and other promotions. Any data you submit in connection with these activities will be treated in accordance with this Privacy Policy, unless the rules for those offers note otherwise.

Surveys

Sense-U may also ask you to participate in surveys (processed by Sense-U or third parties) that help us understand your use of the Sense-U Service. Any PII you provide to Sense-U (or supplied by you or Sense-U to such third-party survey providers) in connection with these surveys will only be used in relation to that survey and as stated in this policy.

How Long We Save Your Data

We store your PII for as long as you maintain a Sense-U account.

How To Edit or Modify Data

Data that you provide to Sense-U through the Site can be modified from your dashboard or Sense-U account preferences. If you remove data from your Sense-U account, it will no longer appear to you or others who use the Sense-U Service. Backups of that data will remain associated with your Sense-U account and in our archive servers.

How To Deactivate Your Sense-U Account

You can deactivate your Sense-U account by contacting info@sense-u.com. When you do, data that can identify you will be removed from the Sense-U Service, including but not limited to your email, name, photo(s), friends list and links to sites such as Facebook and Twitter. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Sense-U may continue to use your de-identified data after you deactivate your account.

Sense-U’s Policies For Children

Sense-U is not directed at persons under the age of 13. We do not knowingly collect any PII from children under 13. If you are aware of a user under the age of 13 using Sense-U, please contact us at info@sense-u.com.

Can I Opt-out Of Receiving Sense-U Emails?

Of course! You can opt-out of receiving weekly summaries, achievement notifications, contests, giveaways, surveys and promotional emails by changing the notification preferences in your account settings or by unsubscribing via the “Unsubscribe” link in any Sense-U email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the Sense-U Service.

How Does Sense-U Keep My Data Safe?

Sense-U uses a combination of technical and administrative security controls to maintain the security of your data. If you have a security-related concern, please contact info@sense-u.com.

How Does Sense-U Handle Data From International Visitors?

The Sense-U Service is hosted and operated entirely in the United States and is subject to United States law. Any personal information that you provide to Sense-U is being transferred to Sense-U for use solely in the United States and will be hosted on United States servers. You consent to the transfer of your personal information to the United States. If you are accessing the Sense-U Service from outside the United States, please be advised that United States law may not offer the same privacy protections as the law of your jurisdiction.

Sense-U complies with the U.S. - EU Safe Harbor Framework and the U.S. - Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. Sense-U has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/. In compliance with the Safe Harbor Principles, Sense-U commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss citizens with inquiries or complaints regarding this privacy policy should first contact support.

Sense-U has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the BBB EU SAFE HARBOR website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

COOKIE POLICY

We are generally a healthy bunch, but some Sense-U employees like to eat cookies. In addition, we use cookies and other technologies like pixel tags and web beacons to improve the functionality of the Sense-U Service.

Technologies We Use

Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the Sense-U Service you’ve visited so we can figure out which promotions you may like to see or to alert you to software compatibility issues.

Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Sense-U, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.

Social media tools, like widgets and plug-ins, are used so you can share information from Sense-U on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on our Sites, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the privacy policy of the company providing them, not by Sense-U’s Privacy Policy. We also use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those sites.