| The Daily News, (“TDN”) respects the privacy rights of our users and are committed to protecting the information collected through our online products, online services and websites. TDN has adopted this privacy policy (“Privacy Policy”) to explain how TDN collects, stores, and uses the information collected in connection with TDN’s Apps. |
| BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING ANY APPS, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE STORAGE, USE, AND PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS ANY APPS. TDN reserves the right to modify this Privacy Policy at any time, so please review it frequently. If TDN makes material or significant changes to this Privacy Policy, the updates will be posted to the website at http://dailyworkoutapps.com/privacy-policy.html. Any changes to this Privacy Policy will be effective upon their being posted on TDN’s website. Your continued use of Apps will signify your acceptance of the changes to this Privacy Policy. |
| Non-personal Data |
| For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you, which may include your age, weight, and gender. Additionally, non-personal data includes “aggregate” and “de-personalized” information, which is data TDN collects about the use of TDN Apps, from which any personally identifiable data has been removed. |
| TDN collects non-personal data from you to make your use of the Apps more efficient and useful. For example, if you provide non-personal data about you, the App may provide certain information about your workout such as calories burned or other tailored calculations about your workout. |
| TDN also uses tools and third party analytical software to automatically collect and use certain non-personal data that does not directly enable TDN to identify you. The types of non-personal data TDN may collect and use include, but are not limited to: (i) device properties, including, but not limited to unique device identifier or other device identifier (“UDID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and location; (v) game score and achievements; (vi) other non-personal data as reasonably required by TDN to enhance the Apps and other TDN products and services. |
| TDN shares non-personal data, including both data you provide to TDN and data which is automatically collected, with TDN’s partners and contractors for purposes of analyzing usage of the Apps, advertisement serving, managing and providing the Apps, and to further develop the Apps and other TDN services and products. |
| You recognize and agree that the analytics companies utilized by TDN may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies. |
| Ad Serving Technology |
| TDN reserves the right to use and disclose collected non-personal data for purposes of advertisement by TDN or TDN’s partners and contractors. TDN employs third party ad serving technologies that use certain methods to collect information as a result of ad serving through Apps. TDN or third parties operating the ad serving technology may use your demographic and location information, non-personal data you provide to TDN, and information logged from your hardware or device to ensure that appropriate advertising is presented within the Service. TDN or third parties may collect and use data for this purpose including, but not limited to IP address (including for purposes of determining your approximate geographic location), UDID, software, applications, hardware, browser information, internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology. |
| You recognize and agree that the advertising companies who deliver ads for TDN may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into Apps; if you do not want to be subject to this technology, do not use or access Apps. Although TDN takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, TDN does not have access to or control of third party technologies. |
| Personal Data |
| For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual. |
| Likely situations when you make personal data available to TDN include, but are not limited to: (i) registration for Apps, contests and special events; (ii) accessing Apps using a third party ID, such as social networking sites or gaming services; (iii) subscribing to newsletters; (iv) purchasing a product or services through TDN’s online stores; (v) using “tell a friend,” “email this page,” or other similar features; (vi) requesting technical support; and (vii) otherwise through use of TDN’s Apps where personal data is required for use and/or participation. |
| The types of personal data may vary depending on the type of activity you are engaged in. The personal data TDN may collect, process and use may include, but are not limited to your name, screen/nick name, TDN Apps’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, shipping information; and location (only if directly identifiable to you, otherwise TDN treats location as non-personal data). |
| TDN may use collected personal data for purposes of analyzing usage of the Apps, providing customer and technical support, managing and providing Apps (including managing advertisement serving) and to further develop the Apps and other TDN services and products. TDN may combine non-personal data with personal data. |
| TDN may use your personal data to send messages to you with informative and/or commercial content about TDN’s services or third party products and services TDN thinks may be of interest to you, such as new features and services, special offers and updated information. |
| Please note that certain features of the Apps may be able to connect to your social networking sites to obtain additional information about you. In such cases, TDN may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to TDN. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. TDN may associate and/or combine as well as use information collected by TDN and/or obtained through such social networking sites in accordance with this Privacy Policy. |
| Disclosure and Transfer of Personal Data |
| TDN collects and processes personal data on a voluntary basis and it is not in the business of selling your personal data to third parties. Personal data may, however, occasionally be disclosed in accordance with law and this Privacy Policy. Additionally, TDN may disclose personal data to any of its affiliated companies in accordance with this Privacy Policy. |
| TDN may hire agents and contractors to collect and process personal data on TDN’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by TDN. These agents and contractors may not use your personal data for their own marketing purposes. TDN may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. TDN has the right to share your personal data as necessary for the aforementioned third parties to provide their services for TDN. TDN is not liable for the acts and omissions of these third parties, except as provided by applicable law. |
| TDN may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or TDN to legal liability. TDN may also disclose your personal data to third parties when TDN has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with TDNs rights, property, operations, users or others who may be harmed or may suffer loss or damage, or TDN believes that such disclosure is necessary to protect TDN’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on TDN. To the extent permitted by applicable law, TDN will make reasonable efforts to notify you of such disclosure through TDN’s website or in another reasonable manner. |
| Data Retention |
| TDN retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, TDN deletes all aforementioned data in our possession within a reasonable timeframe. TDN does not verify the correctness of personal data. |
| TDN may still retain some of the data to the extent such retention is necessary to resolve disputes, enforce TDN user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Apps. |
| If you reside or are located in a European Union member country or Switzerland, any personal data about you will be collected, used and retained in accordance with the General Data Protection Regulation (GDPR). If you are a resident of a country subject to the GDPR and wish to exercise any of your rights regarding your data which has been collected or is being stored by TDN, including access of your data, correcting inaccurate data, or deleting your data, please contact TDN at the email address set forth at the bottom of this policy. |
| Correction and Deletion of Data |
| TDN will provide you with reasonable access to any of your personal data which you have provided to us. If you wish to access, update or correct any personal data we hold about you, or if you want us to delete any information about you that we have collected, you may contact us as set forth at the bottom of this privacy policy. At your request, we will update, correct, or delete from our databases any personally-identifiable information we have about you. |
| Cookies, Beacons and Tracking |
| The Apps may use “cookies” and other technologies such as pixel tags, clear GIFs and web beacons. TDN treats information collected by cookies and similar technologies as non-personal data. |
| E-mails and other electronic communications TDN sends to you may contain code that enables TDN to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). TDN may combine that information to other information TDN has about you and TDN may use that information to improve the Apps and/or provide customized communications to you. |
| Third Party Terms and Conditions |
| Please note that your access to and use of the Apps may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, on-line gaming platforms, social networking services and payment providers. You recognize and agree that TDN is not liable for any such third party terms and conditions and their use of your personal data. |
| TDN may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by TDN. TDN is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that TDN is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies. |
| Please note that certain Apps that TDN may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Apps with a gaming console ID, social networking ID or gaming network account. When you register to join or use the Apps from a third-party gaming or social networking system, certain personally identifiable user and/or membership data may be transferred automatically to and from TDN and you hereby consent to the processing, using, combining, disclosing and retaining of such data in accordance with this Privacy Policy by TDN. |
| Safeguards |
| TDN follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in TDN’s possession. Only those persons with a need to process your personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance, have access to your personal data in TDN’s possession. Personal data collected by TDN is stored in secure operating environments that are not available to the public. To prevent unauthorized on-line access to personal data, TDN maintains personal data behind a firewall-protected server. However, no system can be 100% secure and there is the possibility that despite TDN’s reasonable efforts, there could be unauthorized access to your personal data. By using the Apps, you assume this risk, and TDN will not be liable for any misappropriation or theft of your personal data. |
| Other |
| Please be aware of the open nature of certain social networking and other open features of the Apps TDN may make available to you. You may choose to disclose data about yourself in the course of contributing user generated content to the Apps. Any data that you disclose in any of these forums, blogs, chats or the like is public information, and there is no expectation of privacy or confidentiality. TDN is not responsible for any personal data you choose to make public in any of these forums. |
| If you are under 15 years of age or a minor in your country of residence, please ask your legal guardian’s permission to use or access the Apps. TDN takes children’s privacy seriously, and encourages parents and/or guardians to play an active role in their children’s online experience at all times. TDN does not knowingly collect any personal information from children below the aforementioned age and if TDN learns that TDN has inadvertently gathered personal data from children under the aforementioned age, TDN will take reasonable measures to promptly erase such personal data from TDN’s records. |
| TDN may store and/or transfer your personal data to our affiliates and partners in and outside of EU/EEA member states and the United States in accordance with applicable law and this Privacy Policy. TDN may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of TDNs’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data. |
| If you have any questions or comments about TDN’s privacy practices, would like to stop receiving information from TDN, or would like to correct or delete any of your personal data held by TDN, please contact us by sending an e-mail to [email protected]. |