Last modified on September 15, 2016
Introduction, Definitions, and Acceptance
“Apparel” refers to either the OM Smart Shirt or OM Smart Bra which you wear while using the Services, and forms an integral part thereof.
“Device” refers to the handheld device or Apple Watch onto which you downloaded an Application and are using as part of the Services.
“OMbox” refers to the hardware device that keeps track of certain biometric information during your workouts and everyday life, and forms an integral part of the Services.
“OMsignal” refers to OMSignal Inc., a duly incorporated company in the province of Quebec, Canada. Where the present Policy refers to “OMsignal”, it may refer to OMsignal or its employees, officers, directors, subcontractors, agents or representatives, and its affiliates or subsidiaries, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to OMsignal. In this Policy, a Website visitor or Services user may be referred to as “you”. When a Services user has created an account and is logged in to the Services or their Personal Website, they may be referred to as a “Logged-in User”. If you make a purchase of Products on the Website, you may be referred to as a “Customer”.
“Product” refers to any product available for purchase on the Website, including Apparel, the OMbox, and combinations thereof.
“Services” are the combined hardware and software services that OMsignal has developed to help you achieve your fitness goals by tracking your workout information. The Services include the use of an Application, a piece of Apparel and the OMbox in combination.
“Website” is the website located at https://omsignal.com/ which is owned and operated by OMsignal, and includes all subdomains, present and future. Without limiting the generality of the foregoing, the Website includes the subdomain of your “Personal Website” at the URL http://user.omsignal.com/, which shall also be personalized with your username.
By visiting or using the Website, using the Services, or downloading, using or accessing an Application on your Device, you agree to be bound by the terms of the Policy. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Website or Services. If you have downloaded an Application and do not agree to all the provisions of the Policy, you must delete the Application from your Device.
OMsignal reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website and / or the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, you will be notified via the email associated with your Account.
If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information OMsignal holds about you, please contact:
OMsignal Legal Services
3700-75 rue Queen
General Statement of Privacy and Protection of Personal Information
OMsignal takes your privacy and security of Personal Information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.
This Policy covers the treatment of personally-identifiable information i.e. any information that identifies an individual, or can be used in conjunction with other information to identify an individual (“Personal Information”) and other information gathered by OMsignal when you are using or accessing the Website or using the Services. This Policy also covers OMsignal’s treatment of any Personal Information that OMsignal may share with its business partners or other third parties under very limited circumstances.
This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that OMsignal does not own or control, including but not limited to any third party websites or services that you elect to access through the Website or Application or via a link from the Website or Application (“Third Party Website”), or to individuals that OMsignal does not manage or employ. While we attempt to facilitate access or link only to those Third Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Websites. We encourage you to carefully review the privacy policies of any Third Party Website you access.
Finally, this Policy does not cover any Personal Information you send to OMsignal via any non-secured mode of communications such as email, instant messenger or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to OMsignal via these methods.
No Collection of Personal Information as a Matter of Course
OMsignal does not, as a matter of course, gather any of your Personal Information while you are using the Website or Services, unless you are asked to provide such information, for example by signing up for an account to use the Services, or making a purchase of a Product. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section of the Policy.
Personal Information Collected and Its Uses
The following is an exhaustive list of Personal Information collected from you when you use the Website or Services and what we use it for. You acknowledge that you are submitting this Personal Information with your informed consent.
- Email Address. You may submit your email address on the Website to join our mailing list. We will only use your email address to send you information about OMsignal and our Products and the Services. For more information, please see the Mailing List Management section further below in this Policy.
- “Personal Health Information”. As mentioned above, your Account Information includes your height, weight and date of birth. This Personal Health Information is used in order to set a baseline health profile when you begin to use the Services, in order to better target your activities to achieve your fitness goals. The Personal Health Information works in combination with the Workout Information (as defined in the next section of this Policy) through the Services so that your workouts are more efficient and targeted.
- “Billing Information”. As a Customer, you will be required to enter the following information in order to make a purchase of a Product: email, first and last names, cardholder name if different, credit card number, credit card expiry date, security (CVV) number, phone number, billing address, and shipping address if different from your billing address. Billing Information is only used to process the credit card transaction for your purchase(s), to fulfill your order, to communicate with you about your order if necessary, to ship your order, and to allow for repeat purchases. For more details on the treatment of your Billing Information, please see the "Secured Payments" section further below in this Policy.
- Social Network Account Information. You may also link your account with certain third-party social networking services (“SNS”), including Facebook and Twitter (a “SNS Account”) by either (1) providing your SNS Account login information to OMsignal; or (2) allowing OMsignal to access your SNS Account, if either or both methods of access are permitted under the applicable terms and conditions that govern your use of each SNS Account. Where this SNS Account information is collected by us, it is only used for the purposes of logging in the SNS Account and for posting of information on the SNS as per your consent and choices.
Workout Information and Social Networking Services
While you use the Services, we collect certain biometric information of Logged-In Users while you are wearing apparel, including, but not limited to, heart rate, rate of breathing, steps taken, and periods of activity (“Workout Information”). Workout Information is stored on servers controlled by OMsignal for the purpose of having the Services function properly, but is 100% anonymous and not connected to your Personal Information in any database controlled by OMsignal or in any other way, except as described in the next paragraph.
Notwithstanding the foregoing, OMsignal does have the ability to link Workout Information with Personal Information using in-house software called Calypso and certain unique identifiers. OMsignal will only link this information either with your express permission and consent (for example if you have signed up for certain beta testing) or when required for OMsignal to proactively diagnose issues or errors with your specific account or the Services generally.
Security and Encryption of Information
OMsignal uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, OMsignal uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website and the Services, and these third parties have been selected for their high standards of security, both electronic and physical. For example, OMsignal uses Shopify, a recognized leader in secure data for e-commerce, for hosting of the Website. Information (including Personal Information) gathered via an Application and use of the Services is stored with Amazon Web Services, a recognized leader in secure data.
When making a purchase of Product(s) on the Website, OMsignal ensures that Billing Information and order data is encrypted and secure. OMsignal uses the third party Shopify which is Level 1 PCI compliant and uses 256-bit SSL certificates to keep order details encrypted and secure.
Limited Gathering of Information for Statistical, Analytical and Security Purposes
OMsignal automatically collects certain information using a third-party analytics program, Google Analytics, to help us understand how our users use the Website, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website or Services users in the aggregate. OMsignal also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website, the specific pages on the Website, and users of the Website with a view to introducing improvements.
Non-disclosure of Personal Information to Third Parties
Except as provided in the next paragraph and the next sections in this Policy on Mailing List Management and Secured Payments, OMsignal does not divulge any Personal Information gathered via the Website or Services to third parties. Moreover, OMsignal does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of OMsignal are responsible for the management and development of the Website and Services, and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy.
Mailing List Management and Compliance with Anti-Spam Laws
OMsignal is committed to ensuring that we respect anti-spam legislation, specifically the Canadian law informally known as Canada’s Anti-Spam Law (“CASL”, S.C. 2010, c. 23). If you believe you have received emails from us in violation of this law, please contact us using the contact information further up in this Policy.
You have the option of storing your Billing information to facilitate purchases of Products in the future so it does not have to be re-entered. This information is displayed, but it is not stored on servers controlled by OMsignal. The information is retrieved by your browser from servers controlled by Shopify.
OMsignal currently uses Google AdWords and Display Network and by using the Website you consent to this use. Specifically, OMsignal uses the remarketing features of interest-based advertising of Google AdWords that delivers you advertisements that will be of particular interest to you, based on your browsing history at the Website. These advertisements will appear on third-party websites around the web. Google uses specific cookies to allow them to serve these ads around the web.
You may prevent this type of advertising by deleting the appropriate Google cookie through your browser, though this may not be permanent. For a more permanent solution, you may opt out of such Google advertising by following Google’s instructions.
OMsignal also advertises using Facebook Custom Audience, to display advertisements to you on Facebook that will be of interest to you, and by using the Website you consent to this use. If you do not want to receive such Facebook advertisements, please contact us by email at firstname.lastname@example.org.
General Information Transfer from the Services
Any information (personal or not) the Services collect while you use them may be stored locally on your Device and / or the OMbox and then transferred to servers controlled by OMsignal, and OMsignal may obtain this information as a result of the data being sent to our servers from the Services. The information, however, is only used (or not used) by OMsignal as described elsewhere in this Policy.
Permissions – OMfit and OMrun Applications
The following is a complete listing and description of what functions on the Device that were developed by third parties are accessed and / or modified by both Applications. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Services.
- Location - Allows the Application to access your current location using GPS
- Bluetooth - Allows the Application to communicate with the OMbox
User Control and Uninstall for the Application
For the Application, you can access and change certain user settings from the settings menu on your Device. You may also uninstall; uninstall methods may vary depending on your Device or iOS version. OMsignal has no control over these functions and denies any responsibility of your use thereof, and any data or Personal Information sent to third parties as a result of said activities.
Access to and Deletion of Personal Information
If you wish to inquire about and access what Personal Information OMsignal holds about you, or if you wish to verify or delete any Personal Information held about you from our databases, please contact us using the information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use some of the Services, and OMsignal and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your request to delete your Personal Information and your resulting inability to use the Services.
Tracking Technology ("Cookies" and Related Technologies)
OMsignal uses tracking technology (“cookies”) and other related technologies such as pixels or web beacons on the Website and Services and by using the Website or Services you agree to their use. Cookies are small text files placed on your hard drive or memory when you visit a website or use an Application, in order to track use and to improve the user experience by storing certain data on your computer or Device. The Website and Services uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer or device.
Specifically, we use the following cookies and related technologies to perform the following functions:
- Session cookie for the Services to identify the Logged-in User. It expires at the closing of the session;
- Google Analytics cookie to provide general internal and user analytics and to assist in identifying possible fraudulent activities;
- Google advertising cookie to display advertisements as described earlier in this Policy;
- Facebook advertising pixel to display advertisements as described earlier in this Policy.
Risks Associated with the Internet and Wireless Data Transmission
Despite OMsignal's best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website or Services, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via wireless digital technology of any type. Communication via the Internet or wireless technology is subject to interception, loss, or alteration. You acknowledge and agree that OMsignal and its Representatives cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet or wireless technology and that such communications are at your own risk.
Transfer of Personal Information Outside Your Home Jurisdiction
Website or Services users may access the Website or Services from any country in the world. OMsignal and its third party vendors, including service providers and hosting partners, are located in the United States and Canada. You acknowledge that OMsignal and our third party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries. Without limiting the generality of the foregoing, Website or Services users in the European Union acknowledge and agree that their Personal Information may be transferred to the United States, and consent to such transfer.
Limitation of Liability
OMsignal, and / or its Representatives, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website or Services not in violation of the Policy.
Compliance with Privacy Laws
This Policy and OMsignal’s practices in general, are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.
© OMsignal Inc. 2016