Proteus Privacy Policy

Last Updated: 05/03/22

Proteus Motion (“Proteus,” “us,” “we,” or “our”) knows that our users care about how their Personal Data is used, collected and shared.  “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.  We take our users’ privacy seriously and are committed to protecting Personal Data. Proteus operates the Proteus website, located at www.proteusmotion.com,  associated subdomains (the “Website”), the Proteus by Proteus Motion, a proprietary hardware and software platform, and related technology system, platforms, and devices made available by Proteus (the “Device”), as well as any features, content, websites (or other linked pages) or applications offered, from time to time, by Proteus in connection therewith (collectively with the Website and the Device, the “Services”). 

This Privacy Policy covers our treatment of the Personal Data that we collect when you access or use the Services.  It does not cover the practices of companies that we do not own or control, or people that we do not manage. We are not responsible for the policies and practices of any third parties, and we do not control, operate, or endorse any information, products, or services that may be offered by third parties or accessible on or through the Services. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to the collection, use, and disclosure of your information in the following ways.

Your use of Proteus’s Services is at all times subject to the separate Terms of Use available at https://bbi-client-prod.s3.amazonaws.com/static/ProteusMotionEULA.html or such other customer or user agreement between Proteus and the entity through which you access and use the Services, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use.

CHANGES TO THIS PRIVACY POLICY    

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the Proteus website or, if a material change, by sending you an email. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

PERSONAL DATA WE COLLECT AND HOW WE USE IT 

When you interact with our Services, we may collect and use Personal Data about you as well as other information.  More specifically, when you use our Services, we may collect the following information: 

• User Data to create your user profile.  This may include data such as name, email, age, height, weight, gender, dominant side, sport, position, and skill level. We use User Data to allow you to create a User Profile that is visible to authorized trainers and administrators for training and reporting purposes.  Your User Profile may also allow you to compare your performance against an aggregated set of other users’ performance data (“Comparison Feature”) and use our leaderboard functions (“Leaderboards”). 
• Performance Data to track your progress on the Device and compare yourself to other athletes.  This includes raw sensor data and other calculated metrics. Performance Data is used by you and authorized trainers to view performance trends.  Performance Data may also be used for academic research, the Comparison Feature, and Leaderboards.  
• Health Data with your explicit consent.  The Device can collect and send Proteus information about your health, including your heart rate, heart rate variability, ambient air temperature, as well as data such as the type of activity you engage in and the duration of your physical activity.  You can disable the collection of Health Data by un-pairing your Device and you can request removal of your Health Data by deleting your account. We use Health Data to provide certain features of the Services and to improve and customize our Services (including determining and reporting on trends).  
• Information provided to use when you communicate with us for any reason, including information you provide in emails you send us. We use this information to respond to your communications and process any requests or questions you may have. 
• Information we collect automatically and the resources you access. We use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, to analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone, or similar device when you use that device to visit our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time. 
• Geolocation Data like through GPS, in order to provide features of the Services or to improve or customize the Services. You may allow or disallow Proteus to collect Geolocation Data by enabling or disabling location services when you use our Services at any time by way of your device settings. 

We also use the Personal Data we collect to operate, improve, understand, and personalize our Services.  We use Personal Data for the following purposes:

• To meet or fulfill the reason you provided the information to us.
• To communicate with you about the Services, including Service announcements, updates or offers.
• To provide support and assistance for the Services.
• To create and manage your account or other user profiles.
• To personalize website content and communications based on your preferences, including targeted offers and ads served through the Services.
• To process orders or other transactions.
• To respond to user inquiries and fulfill user requests.
• To improve and develop the Services, including testing, research, analysis and product development.
• To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our consumers is among the assets transferred.
• To comply with our legal or contractual obligations, resolve disputes, and enforce our Terms of Use.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• For any other business purpose stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.

DISCLOSING YOUR PERSONAL DATA 

We may share your Personal Data as follows: 

• With contractors, service providers, and other third-parties we use to support our business;
• To undertake internal research for technological development and demonstration;
• To undertake activities to verify or maintain the quality or safety of a Service or a Device that we own, manufacture, was manufactured for us, or control;
• To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity;
• To debug, identify, and repair errors that impair existing intended functionality;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information;
• With your consent;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Data held by us about the Website users is among the assets transferred; 
• To enforce any agreement, including any applicable terms of service;
• To establish or exercise our right to defend against legal claims; 
• To law enforcement and other government authorities such as legislatures, courts, agencies and litigants if we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of governmental authorities; (b) comply with legal process; (c) respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) protect the security or integrity of the Website or Beacon’s information systems; and/or (e) exercise or protect our rights, privacy, safety or those of affiliates, clients, you or others; and
• If we reasonably believe disclosure is necessary or appropriate to protect the rights, property, or safety of Proteus or others. 

OTHER SHARING OF YOUR PERSONAL DATA

We may also share your Personal Data as described in this section: 

• Data that has been de-identified. We may anonymize your Personal Data so that you are not identified as an individual and provide that information to our partners for informational and analytics purposes. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. Our advertising partners may use this information to display ads which they believe are more relevant to you. However, we never disclose aggregate information to a partner in a manner that would identify you personally, as an individual.
• Proteus Live. Certain User Data may be displayed to other users of the Services or to users of third-party social media platforms.  As part of our Services, we offer the Proteus Live feature, which provides you with the option to share your activity information layered onto videos you have recorded with users of the Services or users of the third-party social media platforms to which you choose to post your content.
• Proteus Teams. As part of our Services, we offer the Proteus Teams feature, which provides all users of our Services with the option to create invitation-only teams with other users of our Services.  Users who want to form a team can invite other users to join their team by searching for users by name or username.  Users are by default searchable by other users.  To change whether you are searchable by your name or username, you can scroll down to Settings, located on the main Menu Page of the Proteus mobile application, and go to “Privacy” where you can choose to make yourself private or searchable.  Once you accept an invitation to join a team, users on the team may see certain activity information about you, like your Strain, Recovery, or Sleep, depending on the settings chosen by the user who created that team.  You may leave at any time by accessing your Proteus mobile application, navigating to the Team view, opening the menu from the Description page, and select Leave Team.
• Managing Entities.  If your use of the Services is on behalf of or managed by a coach, team, organizing body or other entity you are affiliated with (“Managing Entity”), that Managing Entity is responsible for determining which information and content associated with your account is publicly shared and you consent to that Managing Entity allowing that information to be publicly shared, subject to any features of the Services that expressly override that control. In addition, the Managing Entity will have access to all of the user information associated with your account, regardless of any sharing settings, and you consent to that access. Please remember that any content you post via the Services may become publicly available and can be collected, viewed and used by anyone. If you do not want others to see your information or any content you post, do not provide it. Users can enter “stealth mode” for short periods of time during which no score or activity information will be displayed on the public Proteus platform.

THIRD-PARTY WEBSITES AND SOCIAL MEDIA FEATURES

Our Website may contain links to other websites, including those of third parties or business partners. While we seek to link only to websites that share our high standards and respect for privacy, we cannot be responsible for the privacy practices other websites use. By accessing other third-party websites or applications through our Services, you are consenting to the terms and privacy policies of those websites. It is possible that other parties may collect Personal Data about your online activities over time and across different websites.

Our Services may include social media features, such as the Facebook “like” button. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the entity providing them.

INTEREST-BASED ADVERTISEMENTS

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Internet-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “Web Beacon”) from an ad network to you through the Services. Web Beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web Beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web Beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising. Through the DAA and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of, and greater control over, ads that are customized based on a consumer’s online behavior across different websites and properties. You have the option to opt-out of Internet-Based Advertising.  For more information, consult [email protected]. 

CALIFORNIA RESIDENTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. 

INTERNATIONAL VISITORS

The Services are hosted and operated in the United States (“U.S.”) through Proteus and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you are located. By using the Services, you acknowledge that Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Proteus in the U.S. and will be hosted on U.S. servers, and you authorize Proteus to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.

PERSONAL DATA OF CHILDREN
If you are under 13, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 13, or 16 where applicable, we will delete that information as quickly as possible. If you believe that a child under 13, may have provided us Personal Data, please contact us at [email protected].

DATA SECURITY AND RETENTION OF PERSONAL DATA

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data.  For example, the Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data you provide to us. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. We endeavor to protect the privacy of your account and other Personal Data we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

ACCESS TO YOUR PERSONAL DATA

When you log into your account, you may access, and in some cases, edit or delete the following information you’ve provided to us;

• First and last name
• User name and password
• Email address
• Mailing address
• Demographic information
• User profile information

CHOICES YOU HAVE ABOUT YOUR PERSONAL DATA

You can always opt not to disclose Personal Data to us, but keep in mind some Personal Data may be needed to register with us or take advantage of some of our features.  You may be able to add, update, or delete information as explained above.  When you update information, however, we may maintain a copy of the unrevised information in our records.  You may request deletion of your account by emailing [email protected].  We may use any aggregated data derived from or incorporating your Personal Data after you update or delete it, but not in a manner that would identify you, and we may also retain and continue to use your non-personally identifiable information. 

CONTACT US

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to [email protected], and we will try to resolve your concerns.