Privacy and Warranty2018-07-23T10:53:02+00:00

Privacy Notice

Uptivo’s Terms of Use are available at: uptivo.fit/uptivo-terms-of-use

On May 25th, 2018 we have updated our Privacy Policy to comply with the EU’s General Data Protection Regulation 2016/679 (GDPR) that was introduced to unify all EU member states’ approaches to data regulation.

Uptivo respects your privacy and strives to offer you a safe customer experience. With this Privacy Notice we want to tell you about what data we collect when you use our products and services, and how we use and handle this data. We’ll also tell you where to find out more about how your personal information is handled and what rights you have with respect to this information.

How we handle your personal information

When you create a user account for Uptivo services, we ask for some personal information (for example your name, e-mail address, gender and age). We need this information in order to provide you with a personalized experience with our services. For example, we use your age info to give you a more accurate calculation of burnt calories. We trust all the information you give us to be accurate.

We may collect some information about you when you buy products from our online store, use Uptivo’s services, or contact our Customer Care. If you only subscribe to Uptivo’s newsletter, the only information we ask for is your e-mail address. We only process your personal information for the purposes listed in this Privacy Notice and for the service-specific purposes on which you can find more information by clicking on the links provided. You can also contact our Customer Care for more information on the handing of personal information with regard to each service.

When you use Uptivo products or services, Uptivo collects information about you and may combine that information to any other personal information Uptivo has collected about you for the same purpose. If we have collected information about you for other purposes, we do not combine these.

Security

There are always risks associated with providing personal data, whether in person, by phone or via the internet or other technologies, and no system or technology is completely safe or “tamper”/”hacker” proof. Uptivo takes appropriate precautions to prevent unauthorized access to and improper use of your personal data. For example, Uptivo uses encryption and firewall technology when collecting personal data. If Uptivo sites support online transactions, it will use industry standard security measures to protect the confidentiality and security of these transactions.

How we handle sensitive personal information

The majority of Uptivo’s services are based on data collected on our products. Some of the collected data (such as heart rate data) is such by nature that we must ask for your permission to collect or process it. Acceptance of this Privacy Policy includes agreement to the collection of your heart rate data for the scope of the use of the Uptivo product.

Handling of personal information and its transfer outside the EU

Uptivo’s services and products may be delivered using resources and servers located in various countries (such as Italy and Holland). Therefore, your information may be processed outside the country that the service you are using is based in, including countries outside the European Economic Area (EEA) where the standard of protection of privacy does not meet the requirements set by the European Commission (such as the U.S.). When you register for a service (for example Uptivo Flow) which requires information transfer to another country for processing, we request your permission for the transfer. When transferring information, we comply with all applicable laws to guarantee sufficient protection of your privacy. In general, when transferring your personal data from one country to another we apply the terms of the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield agreements or those of agreements based on European Commission’s standard contractual clauses.

In line with the principles mentioned above, your information may be transferred or access to it may be permitted to Uptivo’s fitness clubs that you accepted to join. Uptivo clubs are not authorized to use the personal information for any other purpose and their services are always covered by a confidentiality clause.

Uptivo never discloses any of your personal information without a separate permission from you, unless it is necessary for handling your order, carrying out your request, or managing our interactive customer programs. Information may, however, be disclosed if necessary because of law, a court order, or a regulation or request issued by authorities.

For statistical purposes, Uptivo may deliver collected anonymized statistical data on its customers, sales, traffic types, exercise information, and similar web site information to reputable third parties. These statistics do not contain identifiable personal information.

Your rights

You always have the right to access your personal information. In some of the services, direct access is possible, and when necessary, our Customer Care can assist you and deliver a copy of the personal information we have of you. You have the right to know what information pertaining to you has been collected, what this information is used for, and the parties, if any, that it has been disclosed to. To verify your information in order to carry out your request, we may have to ask for additional information.

Uptivo is allowed to handle your personal information when the handling is based on a legitimate interest. We use this legal basis in some cases for our research and development activities as we constantly want to develop and improve our services. You have the right to object to the handling of your personal information for these purposes.

You always have the right to prohibit direct marketing. If you wish to stop receiving e-mails from Uptivo, please follow the “unsubscribe” instructions within each e-mail communication or disable emails from your Uptivo account. Uptivo will not provide or share any mailing lists to third parties for promotional purposes.

You have the right to have any of your information corrected or deleted either by doing it directly yourself or by sending a request to our Customer Care. If you want to have your information deleted, we will delete your user credentials and all information and data pertaining to you. After we’ve deleted your information, you can only use the service by creating a new user account.

You also have the right to withdraw your consent to handle your information in each service where we have requested your consent. The consent can be withdrawn within the service. Note that for some services, the withdrawal of consent prevents us from offering the service to you.

You have the right to receive your information from Uptivo’s systems in a machine-readable format when the handling of your information is based on your consent or on the execution of an agreement. You can also request the transfer of your information to a third party. Uptivo is not responsible for the third party’s system’s ability to process the information in the format that is used for the transfer.

Cookies

We use cookies on our website. You can read more about them in our Cookie Policy.

Error logs

To offer the best possible service in the event of a problem, we store error data on our devices (“Error log”). When you synchronize your device with Uptivo’s service, the error log is copied onto our server. The error log data is stored for a maximum of two months to ensure we have the data available to us if you contact our Customer Care because of an error or problem.

Users under 16 years of age

Our policy is to request that customers under the age of 16 do not make purchases or engage in other legal acts on Uptivo websites without the consent of a parent or legal guardian. For example, a user account for a Uptivo service can only be created for a user under 16 years of age with permission from a guardian.

Changes to the Privacy Notice

This Privacy Notice was updated on May 25th 2018. We may occasionally make changes to this Privacy Notice, and we notify our customers about such changes by e-mail or via our services. If you have any questions regarding Uptivo’s services or products, you may contact our Customer Care.

Contact information:
Data controller:
Thinkerly s.r.l.
via Volta, 98
20832 Desio (MB)
Italia
+39.0362.62.41.04
support@uptivo.fit

Uptivo for Fitness Clubs and Personal Trainers

Uptivo is a free cloud-based fitness and training app & web service that helps you track your training activity as well as analyze your progress. Thanks to its functionalities such as the Trainer’s Journal, email notifications, in-app notifications, training reports and statistics, fitness club’s staff and trainers can track your progress and help you achieve your fitness goals.

People identified as Trainers or Managers in the Uptivo Club account can view and edit user information such as nickname, email, name, surname, age and gender, heart rate zones and more. Trainers and Managers are responsible for the accuracy of the information they edit. They cannot in any case use or communicate to third parties the user information acquired for the purpose of activating and providing the Uptivo service.

Athletes such as yourself grant Clubs and Personal Trainers access to their personal data and the club/trainer – user relationship is based on the agreement between the parties. You can remove access from clubs and trainers to your data at any time by removing your subscription to their Uptivo cloud account. All your personal and training data are transferred to the Uptivo servers. Uptivo’s Privacy Notice is applied to the handling of data.

Support/Customer Care

Uptivo’s Customer Care helps you with any problems you may have with our products or services. Customers fill the necessary information in the forms themselves, from where it is transferred to Uptivo’s systems. The data stored in Uptivo’s systems may be saved on servers located in Italy or in the EU.

The Contact us form: the information recorded in this form is transferred to Uptivo’s Customer Care. This system is available to all Uptivo’s Customer Care personnel. The data recorded in the system is stored on the service provider’s servers located in the EU. On this form, you are asked to provide your contact information (such as an e-mail address and country) to enable us to respond to your query. Your information is handled confidentially and the service provider does not have access to the actual data.

Service: the information recorded on this form is used for connecting the application and its owner, delivering a serviced device or ordered spare part to the customer, invoicing and handling payments, sending address stickers for returns, sending automatic e-mail messages with regard to the progress and completion of service, submitting additional requests related to service, and providing a cost estimate for service. Address information is also transferred to external postal services for the delivery of the products.

You can also contact Uptivo’s Customer Care through social media channels (Twitter, Facebook, Instagram, Linkedin, Google Plus).

Uptivo.fit

The Uptivo.fit web site is a public site that offers information on Uptivo and its products, services, and collaboration partners. You do not need to register or provide any information on yourself to use the web site. However, Uptivo uses cookies to collect information on traffic on the website. Learn more about cookies here.

Thinkerly Product Warranty

This Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period. The Warranty Period for the Thinkerly products is specified below:

  • Uptivo Bridge: covered for 24 (twenty four) months.
  • Uptivo Belt: Sensor covered for 24 (twenty four) months, Uptivo Soft Strap covered for 3 (three) months.

Thinkerly Liability

Thinkerly reserves the right to check actual defects or damage. Damaged Products may be replaced with new or reconditioned articles, or may be repaired at the manufacturer’s discretion.
To report damages or defects, please contact Thinkerly at the following email address: info@uptivo.fit

Limitation of Liability

This Limited Warranty does not cover:
1. Defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress.
2. Defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by Thinkerly.
3. Device that has the serial number removed, defaced, damaged, altered or made illegible.
4. Ordinary wear and tear.
5. Marginal defects that have a negligible effect on the Product value or functionality.
6. Defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, or improper use of any electrical source.

Shipping a damaged or defective product to Thinkerly does not involve a free-of-charge repair under this Warranty policy. When received, Thinkerly reserves the right to verify the Warranty validity.