Terms of Service | Privacy Policy

QAthlete Privacy Policy


Last update December 1, 2016

QAthlete 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 health, fitness and electronic body monitoring products (“Devices”), our websites located at www.medeia.com, www.qathlete.com, www.sleepstudy.com, www.qmedical.com, www.biosigns.com, www.qline.com, and www.vitalscan.com (individually a “Site” and collectively “Sites”), the QAthlete Connect software (“Software”) and QAthlete mobile applications (each an “App” and collectively the “Apps”). The Devices, Sites, Software and Apps are collectively referred to in this Policy as the “QAthlete Service,” and by proceeding to use the QAthlete 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 health and 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 QAthlete 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.

Website Visitors


Like most website operators, QAthlete collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. QAthlete's purpose in collecting non-personally identifying information is to better understand how QAthlete's visitors use its website. From time to time, QAthlete may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

QAthlete also collects potentially personally-identifying information like Internet Protocol (IP) addresses. QAthlete does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to QAthlete's websites choose to interact with QAthlete in ways that require QAthlete to gather personally-identifying information. The amount and type of information that QAthlete gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at www.qathlete.com to provide a username and email address. Those who engage in transactions with QAthlete are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, QAthlete collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with QAthlete. QAthlete does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

QAthlete may collect statistics about the behavior of visitors to its websites. QAthlete may display this information publicly or provide it to others. However, QAthlete does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

QAthlete discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on QAthlete's behalf or to provide services available at QAthlete's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using QAthlete's websites, you consent to the transfer of such information to them. QAthlete will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, QAthlete discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when QAthlete believes in good faith that disclosure is reasonably necessary to protect the property or rights of QAthlete, third parties or the public at large. If you are a registered user of an QAthlete website and have supplied your email address, QAthlete may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with QAthlete and our products. We primarily use our message forums to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. QAthlete takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. QAthlete uses cookies to help QAthlete identify and track visitors, their usage of QAthlete website, and their website access preferences. QAthlete visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using QAthlete's websites, with the drawback that certain features of QAthlete's websites may not function properly without the aid of cookies.

Privacy Policy Changes

Although most changes are likely to be minor, QAthlete may change its Privacy Policy from time to time, and in QAthlete's sole discretion. QAthlete encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have an www.qathlete.com account, you should also check the message forums for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

What Data Does QAthlete Collect?


When You Activate a Device

When activating a QAthlete Device, you will be asked to download the QAthlete App or install Software and enter information about yourself, such as height, weight and gender. We use this information to personalize your health and 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 QAthlete. To see the full list of data that your Device collects.

When You Create a QAthlete Account

If you want to access data collected by your Device, you must create a QAthlete account. When you create a QAthlete account, we ask for some personal information, including your email address and date of birth. Your email address will be your QAthlete 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 QAthlete 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 QAthlete’s access to that account. We will access your phone’s contact list for the purpose of letting you identify contacts who are QAthlete 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 QAthlete 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 QAthlete friends. Whenever you add this type of data, we collect it and store it in your QAthlete account.

When You Visit Our Sites

QAthlete collects industry standard data from everyone who visits our Sites—even if you don’t have a QAthlete 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. To see the full list cookies we use and how we use them, please read our Cookie Policy.

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 QAthlete 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 QAthlete account when you purchase something on our Site, we associate that order with your QAthlete account.

When You Contact Us For Help

Whenever you contact QAthlete 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 QAthlete 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 QAthlete 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 health and fitness journey, QAthlete lets you add friends who are already QAthlete 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 QAthlete 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 QAthlete 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 QAthlete Service.

How We Use Your Data


QAthlete uses your data to provide you with the best experience possible, to help you make the most of your health and fitness, and to improve and protect the QAthlete Service. Here are some examples:

- Height, weight, gender and age are used to estimate your body profile, for example the number of calories you burn.

- Contact information is used to send you notifications, allow other QAthlete 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 QAthlete Device and QAthlete Service; to troubleshoot the QAthlete Service; to detect and protect against error, fraud or other criminal activity; and to enforce the QAthlete 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 QAthlete 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 QAthlete Service, and/or to protect the rights, property, or safety of QAthlete, 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)

QAthlete 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 QAthlete 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 QAthlete account settings.

Other Ways You Might Share Your Data


Default Visibility Settings

The privacy settings on new QAthlete accounts are set to reveal minimal data about you with the purpose of getting you active and involved with the QAthlete Service. To see what is visible to others use the “Profile viewed by” tool in your account settings. You can adjust your account profile privacy settings.

QAthlete Social Tools

QAthlete provides many ways for you to share data with other QAthlete users, such as with the 7-day Leaderboard, Challenges, or by posting comments to the QAthlete community message boards. When you interact with others in these ways, you will be displaying your data based upon the visibility settings in your QAthlete account settings. Always check specific policies associated with any Challenge to understand what data will be visible to other participants.

Community Posts

To post to QAthlete community message boards, you’ll be asked to create a community username that’s separate from your QAthlete 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 QAthlete account will also be visible on message boards, depending on your QAthlete account settings.

Contests and Giveaways

QAthlete 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

QAthlete may also ask you to participate in surveys (processed by QAthlete or third parties) that help us understand your use of the QAthlete Service. Any PII you provide to QAthlete (or supplied by you or QAthlete 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 QAthlete account.

How To Edit or Modify Data


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

How To Deactivate Your QAthlete Account

You can deactivate your QAthlete account by contacting Customer Support. When you do, data that can identify you will be removed from the QAthlete 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. QAthlete may continue to use your de-identified data after you deactivate your account.

QAthlete’s Policies For Children

QAthlete 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 QAthlete, please contact us.

Can I Opt-out Of Receiving QAthlete 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 QAthlete email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the QAthlete Service.

How Does QAthlete Keep My Data Safe?


QAthlete 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 Customer Support.

How Does QAthlete Handle Data From International users?


The QAthlete Service is hosted and operated entirely in the United States and is subject to United States law. Any personal information that you provide to QAthlete is being transferred to QAthlete 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 QAthlete 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.

QAthlete 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. QAthlete 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, QAthlete 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.

QAthlete 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.

Data Protection


QAthlete is dedicated to protecting all customer data using industry best standards.

Many of our customers demand the highest levels of data security, and have tested our services to verify that it meets their standards. In each case, we have surpassed expectations and received high praise from large international organizations.

QAthlete’ most important concern is the protection and reliability of customer data. Our servers are protected by high-end firewall systems, and scans are performed regularly to ensure that any vulnerabilities are quickly found and patched. All services have quick failover points and redundant hardware, with complete backups performed nightly.

Most important is our confidential system component design. It uses multiple checks to certify that packets from one subsystem can only be received by a designated subsystem. Access to systems is severely restricted to specific individuals, whose access is monitored and audited for compliance.

Customer data are stored in a specific location; it does not float around in the “cloud.” In addition, all data are processed in that location, and are not moved to another jurisdictional area. In other words, if data are collected in the U.S., all data are processed in the U.S.

QAthlete uses Transport Layer Security (TLS) encryption (also known as HTTPS) for all transmitted data. Our services are hosted by ISO 27001 certified trusted data centers that are independently audited using the industry standard SSAE-16 method.

QAthlete deploys the general requirements set forth by many Federal Acts, including the FISMA Act of 2002. We meet or exceed the minimum requirements as outlined in FIPS Publication 200.

Since our subscribers control their users and their data, it is important for the users to practice sound security practices by using strong account passwords and restricting access to their accounts to authorized persons

Regarding HIPAA, HITECH, and specific data types: QAthlete provides software and other services where all data are processed equally, without regard to how a customer might classify their data. As such, QAthlete cannot declare or represent any data entered into its services. Any processing of specific data types are purely incidental, and not required to use the services.

HITECH (Health Information Technology for Economic and Clinical Health Act) updated HIPAA rules to ensure that data are properly protected and best security practices followed. QAthlete safeguards all customer data, and uses secure data centers to ensure the highest protection as per HITECH requirements.