PRIVACY POLICY

PLEASE CAREFULLY READ THIS PRIVACY POLICY BEFORE BROWSING, SHOPPING, OR PLACE AN ORDER ONLINE OR OVER THE TELEPHONE WITH HEART RATE, OR OTHERWISE USING THIS WEBSITE OR ANY OTHER WEBSITE.

At Heart Rate Inc. dba VersaClimber (“Heart Rate,” “we,” “our” or “us”), it is our priority is to keep your personal information private and confidential. Heart Rate will NEVER disclose, rent, or sell your personal information to third parties, other than as set forth below.

INTRODUCTION

This privacy policy discloses the privacy practices of Heart Rate, which owns and operates various sites on the World Wide Web, including without limitation Versaclimber.com, FitTripApp.com, and the VersaClimber LIVE app (collectively, the “Heart Rate Websites”). Your access to and use of the Heart Rate Websites and all the services provided via the Heart Rate Websites (collectively, the “Heart Rate Services”) are subject to Heart Rate Terms of Use and all applicable laws.

This privacy policy describes how Heart Rate collects, uses, and shares information about you that it obtains in connection with providing Heart Rate Services to you.

Effective Date: March 24, 2021

CHANGES TO OUR PRIVACY POLICY

Any information that we collect is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you of such changes by posting them on the Services or by sending you an email or other notification, and we’ll indicate when such changes will become effective.

  1. GENERAL PRIVACY POLICY

WHAT INFORMATION IS COLLECTED

To enhance your user experience and improve the Heart Rate Services, Heart Rate collects information about you from two sources: (i) information you affirmatively give to us; and (ii) information automatically collected when you visit any of the Heart Rate Websites or use any Heart Rate Services. Third parties may also collect your information in connection with your use of Heart Rate Services.

INFORMATION YOU GIVE US

When you sign up for Heart Rate Services, we may ask you to provide certain information about yourself such as your name, email address, billing address, and company name or affiliation. You can view all of the information collected during the registration process by visiting the registration page. You may modify or remove any of your personal information at any time by logging into your account and accessing features that will allow you to edit your profile and account Information.

After you provide such information and set up your account, we may ask you to provide additional information about yourself on an optional basis. We may ask you for certain financial information, including credit card account data or other payment method data, to process payments for some of our services. Heart Rate may collect any communication it has with you via any means, including e-mail, telephone, and letters.

By choosing to provide any information to us, you are giving Heart Rate permission to use and store such information consistent with this privacy policy.

INFORMATION WE COLLECT AUTOMATICALLY

In addition, Heart Rate automatically collects information about your interactions with the Heart Rate Websites and Heart Rate Services. For example, Heart Rate may log information from your computer and browser, such as your IP address, profile information, aggregate user data, browser type, software and hardware attributes, pages you request, and cookie information. By using the Heart Rate Services, you are giving Heart Rate permission to use and store such information consistent with this privacy policy.

COOKIES

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

INFORMATION COLLECTED BY THIRD PARTIES

Heart Rate may use services that collect data remotely by using “pixel tags,” “web beacons,” “clear GIFs,” or similar technologies. Such technologies can recognize certain types of information on your web browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed them and the IP address of the computer from which you viewed them.

Heart Rate Services may be linked to or provided through third party websites. Heart Rate is not responsible for the privacy policies and/or practices on such third party websites. When linking or accessing such websites, you should carefully review the privacy policy of such third party to determine how it handles information it separately collects from you.

HOW INFORMATION IS USED

Heart Rate uses the information it collects from you to deliver Heart Rate Services to you and continuously enhance your user experience. Generally speaking, we use the collected information to communicate with you, fulfill your requests, customize the content, improve our products and services, protect our and your rights, and comply with laws and regulations.

We may use your personal information to send you promotional information and updates regarding Heart Rate and its products and services. You may choose not to receive such information and opt-out of such future communications by emailing Support (at) Versaclimber (dot) com. All such communications sent to you will also contain instructions for opting-out.

The information that we collect from you may be used in aggregate form in various ways to optimize and improve Heart Rate Services. While such information may be based on information about you, it will not identify you personally. We may use such information for the following purposes: website management, administration and security, promotional activities, and research and analysis.

WITH WHOM INFORMATION IS SHARED

Public Information

Heart Rate may share as it sees fit information that you voluntarily make public, including information that you post on any blogs, message boards, chat rooms or other similar forums, whether or not such forums are owned by Heart Rate. Since such public information can be accessed by the public and used by any member of the public, such use by third parties is beyond the control of Heart Rate.

Personal Information

Heart Rate is partners with Gusto Technologies, Inc. (the “Partners”). All personal information provided to with Heart Rate is subject to be shared with our Partners. Personal information accessed by the Partners will be subject to their Terms of Service and Privacy Policy.

If we have your express consent, Heart Rate may share your personal information that it collects with business partners, and other third parties that are not affiliated with Heart Rate. Note that if you sign up for service from one of our affiliates, we may ask for your consent to share with such third party partner certain of your personal information. While Heart Rate is not responsible for the acts of such partners, we encourage all of our partners to adopt privacy policies that protect against the disclosure of personal information to third persons.

Heart Rate, Inc may disclose your personal information without asking for your consent in order to protect the legal rights of Heart Rate, Inc or its affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of users of the Heart Rate, Inc Services or to enforce our Terms of Use; to protect against fraud or for risk management purposes; or to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by Heart Rate, Inc or another user of the Heart Rate, Inc Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who uploaded, stored, or transmitted the material addressed by the communication.

Also, in order to provide goods or services that you have requested or to complete a transaction at your request, Heart Rate may share your personal information with its third party service providers, including companies that assist with payment processing, business analytics, data processing, account management, and other services. We require these companies to agree that they will only use personal information about you that they have obtained from us to provide us with specific services that we have requested and not for any other purpose.

Non-Personal Information and Aggregate Data

Heart Rate, Inc may share with third parties your personal information and related aggregated data. For example, Heart Rate may share IP addresses of its users to provide anonymous aggregated data to business partners about the volume of use on the Heart Rate Services and the specific Heart Rate, Inc Services in which users are most interested. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.

CHANGE OF CONTROL

If Heart Rate sells all or part of its business, or makes a sale or transfer of assets, or is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, Heart Rate, Inc may transfer your personal information and non-personal information to one or more third parties as part of such transaction.

HOW YOU CAN CONTROL THE INFORMATION WE COLLECT, USE AND SHARE

You have the choice about whether to disclose your personal information or other information about yourself to Heart Rate. Regardless of your choices with respect to promotional communications and updates regarding content, Heart Rate may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.

You can change your privacy settings at any time by accessing the settings in your user profile. You may delete your Heart Rate account, in accordance with our Terms of Use, by accessing the settings in your user profile. Please note that, if you cancel your account, Heart Rate may retain some information about you but will discontinue posting such information on the Heart Rate Websites.

HOW INFORMATION IS PROTECTED

Your Heart Rate accounts may be secured by member-created passwords, in which case reasonable precautions are taken to ensure that your account information is kept private. You are responsible for keeping your passwords confidential. We ask you not to share your password with anyone. Heart Rate uses reasonable measures to protect your information stored within our databases, and we restrict access to such information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Any payment transactions will be encrypted using SSL technology. Despite these efforts, please note that we cannot ensure or guarantee the security of your information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time.

USERS FROM OUTSIDE THE UNITED STATES

Heart Rate and its Heart Rate Services are based in the U.S., and our offices are headquartered in the U.S. Please be aware that information you provide to us or we obtain as a result of your use of the Heart Rate Services may be processed and transferred to the U.S. and be subject to U.S. law. This information may also be processed by staff working for us or for one of our suppliers in the U.S. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using our website, participating in any of the Heart Rate Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. Heart Rate will take all steps reasonably necessary to ensure that you data is treated securely in accordance with this privacy policy.

US-EU SAFE HARBOR FRAMEWORK

Heart Rate complies with the US-EU 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. Heart Rate 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/.

  1. CALIFORNIA CONSUMER PRIVACY ACT POLICY

These rights under the California Consumer Privacy Act (“CCPA Rights”)  apply to visitors, users, and others who reside in the State of California (”consumers” or “you”). Heart Rate adopts these CCPA Rights to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA shall have the same meaning when used in this policy.

California Resident Rights Under the CCPA

 

If you are a California resident, California law permits you to request information regarding the:

 

  • Categories of Personal Information collected, used, sold or disclosed by us;
  • Purposes for which categories of Personal Information collected by us are used;
  • Specific pieces of Personal Information we have collected about you; and
  • Sources from which we collect Personal Information.

 

In addition, if you are a California resident you may:

 

  • Opt-out of the sale or disclosure of your Personal Information. (However, we do not sell your Personal Information);
  • Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding our products and services;
  • Opt-in to certain financial incentive programs (such as discounts or loyalty programs) we may offer related to the collection of your Personal Information; and
  • Request deletion of your Personal Information collected or maintained by us and our service providers.

 

Our ability to disclose and delete information is subject to certain exceptions. For example, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information or the security of our systems. Information on how to exercise your rights may be found below.

 

Collection of Personal Information from California Residents

 

There are categories of Personal Information (or identifiers) that we may have collected in the preceding twelve (12) months and may continue to collect if you engage our products and services. These include, but are not limited to your name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, or other similar identifier. These categories of information are also categories listed in the California Consumer Record statute (Cal. Civ. Code § 1798.80(e)).

 

Information

 

We also obtain identifiers from the following categories of sources:

 

  • Directly from you or your agents (for example, from information you provide when you purchase a product or use our services).
  • Directly and indirectly from your activity on our website www.versaclimber.com or the VersaClimber LIVE app (for example, from your submissions through our website portal or website usage details collected automatically).
  • From third-party service providers and/or government agencies that interact with us in connection with our products and services (for example, from a third-party service provider that supports our consumer sweepstakes or promotions).

 

Purpose

 

We collect identifiers for one or more of the following business purposes:

 

  • To provide you with our products and services or to fulfill or meet the reason for which the information is provided (for example, if you provide us with Personal Information to order a product on our website, we use that information to bill you, prepare the product, and ship it to the applicable address).
  • To provide you with information (e.g., email alerts, event registrations, news or other notices) and offers concerning our products or services that you request from us, that may be located near you, or that we believe may be of interest to you (for example, to personalize advertisements, marketing communications, or content so they are more tailored to your interests).
  • For account and network security purposes (for example, to combat spam, malware, malicious activities or security risks, we process information associated with your online activity).
  • As necessary to maintain legal and regulatory compliance and protect and defend our legal rights (for example, to respond to legal claims, fulfill business obligations, or as required by state and federal laws that govern certain product sales).
  • To protect you, others, and our business (for example, to protect against security risks, enforce our terms and conditions, or prevent fraud).

 

Protected classification characteristics under California or federal law (“Protected Characteristics”).

 

There are categories of Protected Characteristics (or identifiers) that we have collected in the preceding twelve (12) months and may continue to collect if you engage our products and services. These include, but are not limited to age, race, ethnicity, citizenship, medical condition, physical or mental disability, sex, veteran or military status.

 

Information

 

We obtain Protected Characteristics from the following categories of sources:

 

  • Directly from you and/or your agent.
  • Indirectly from our consumers and/or their agents.
  • From third-party service providers and/or government agencies that interact with us in connection with our products and services.

 

Purpose

 

We collect Protected Characteristics for one or more of the following business purposes:

 

  • As necessary to maintain legal and regulatory compliance and protect and defend our legal rights.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.

 

Commercial Information

 

There are categories of Commercial Information (or identifiers) that we have collected in the preceding twelve (12) months and may continue to collect if you engage our products and services. These include, but are not limited to records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

Information

 

We obtain Protected Characteristics from the following categories of sources:

 

  • Directly from you and/or your agent.
  • Indirectly from our consumers and/or their agents.
  • Directly and indirectly from your activity on our website www.versaclimber.com.
  • From third-party service providers and/or government agencies that interact with us in connection with our products and services.

 

Purpose

 

We collect commercial information for one or more of the following business purposes:

 

  • To provide you with our products and services and to fulfill or meet the reason for which the information is provided.
  • To provide you with information (e.g., email alerts, event registrations, news or other notices) and offers concerning our products or services that you request from us, that may be located near you, or that we believe may be of interest to you.
  • For testing, research, analysis and product development, and to improve our website and present its contents to you.
  • As necessary to maintain legal and regulatory compliance and protect and defend our legal rights.
  • In the event of a merger, sale, assignment, transfer or other disposition of some or all of our assets or stock, in which personal information held by us is among the assets transferred.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.

 

Internet or other similar network activity

 

There are categories of Internet or Other Similar Network Activity (or identifiers) that we have collected in the preceding twelve (12) months and may continue to collect if you engage our products and services. These include, but are not limited to browsing history, search history, information on a consumer's interaction with a website (e.g., cookies and pixels), application, or advertisement.

 

Information

 

We obtain internet or other similar network activity from the following categories of sources:

 

  • Directly and indirectly your activity on our website (www.versaclimber.com) and interaction with a Heart Rate internet advertisement and/or email.

 

Purpose

 

We collect internet or other similar network activity for one or more of the following business purposes:

 

For more information on how we use cookies, please see our Privacy Policy.

 

  • To provide you with information (e.g., email alerts, event registrations, news or other notices) and offers concerning our products or services that you request from us, that may be located near you, or that we believe may be of interest to you.
  • For testing, research, analysis and product development, and to improve our website and present its contents to you.
  • As necessary to maintain legal and regulatory compliance and protect and defend our legal rights.
  • For account and network security purposes.
  • To protect you, others, and our business.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.

 

 

 

 

 

Professional information

 

There are categories of Professional Information (or identifiers) that we have collected in the preceding twelve (12) months and may continue to collect if you engage our products and services. These include, but are not limited to current or past job history.

 

Information

 

We obtain professional information from the following categories of sources:

 

  • Directly from you and/or your agent.
  • Indirectly from our consumers or their agents.

 

Purpose

 

We collect sensory data for one or more of the following business purposes:

 

  • As necessary to maintain legal and regulatory compliance and protect and defend our legal rights.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.

 

PLEASE NOTE: For all categories of personal information set forth above, personal information does not include:

 

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, such as:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

 

We will notify you if we collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes.

 

Selling Personal Information

 

We do not sell your personal information.

 

 

 

 

Requests

 

You can make requests related to your California privacy rights through any of the following methods:

 

1) By clicking on the below links:

 

  • Access My Personal Information:
  • Delete My Personal Information:
  • Do Not Sell My Personal Information:

 

2) By calling us toll-free at 1 (800) 237-2271 during regular business hours.

 

Please be aware that we do not accept or process requests through other means (e.g., via fax, social media, or email).

 

As proscribed by the CCPA, you may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

 

  • Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person. Depending on the nature of request, this may include, but is not necessarily limited to, name, phone number, email address, and way(s) in which you have interacted with us.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We will review the information provided and may request additional information to ensure we are interacting with the correct individual. Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request.

 

Do Not Track

We do not currently take steps to respond to browsers’ “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.

 

Non-Discrimination

To the extent prohibited by applicable law, we will not discriminate against you for exercising any of your CCPA rights. For example, unless permitted by the CCPA, we will not do the following in response to your exercise of any rights under the CCPA:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or
  • Provide you a different level or quality of goods or services.

 

Authorized Agent

To designate an authorized agent, and before the agent may act or receive information orally or in writing on your behalf, you must either: (1) provide the authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465; or (2) complete all of the following:

  • Verify your own identity directly with us; and
  • Submit to us a written authorization signed by you, which contains:
    • The name, email, and phone number of your agent;
    • A statement indicating what rights the agent is authorized to exercise on your behalf; and
    • A statement indicating that all information contained in the authorization is true and correct under penalty of perjury.

 

Policy Access

Our goal is to permit our consumers to access this policy and the features available under this policy, whether or not they are using assistive technologies, like a screen reader, magnifier, or other technology. Upon request, you may access the policy in an alternative format by contacting us at 1 (800) 237-2271 or support@versaclimber.com. Further, you may also contact us if you have difficulty accessing this policy. We will work with you through a communication method that is accessible for you, consistent with applicable law, to provide you with access to this policy.

 

CONTACT INFORMATION

If you have any questions, comments or concerns about this Privacy Policy for California Residents, the ways in which we collect and use your personal information, or your choices and rights regarding such use, please do not hesitate to contact us at:

Heart Rate, Inc.
1411 E. Wilshire Ave
Santa Ana, CA 92705

(800) 237-2271

Support@Versaclimber.com

www.Versaclimber.com