Last Updated: May 5, 2020
Welcome! We thank you for downloading the Boosta application (the “App”) provided by Boosta, Inc., a Delaware corporation (collectively, “Company” or “Boosta” or “we” or “us” or “our”). By using the App, you agree to the collection and use of information in accordance with this Privacy Policy. This Policy is subject to and incorporated within the App’s Terms of Use (“Terms”), including its provisions on liability and dispute resolution. Capitalized terms not otherwise defined in this Privacy Policy shall have the meanings ascribed to them in the Terms.
We respect your privacy. This Privacy Policy describes the Personal Data we collect about you, how we collect it, how we use it and with whom we share it. This Privacy Policy also describes the choices you can make about how we collect and use your Personal Data. This Policy does not apply to the practices of companies that we do not own or control, or to people whom we do not employ or manage.
• Data Controller. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
• Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the service of various Service Providers in order to process your data more effectively.
• Data Subject (or User). Data Subject is any living individual who is using our App and is the subject of Personal Data. For the purpose of this Privacy Policy, you are a Data Subject.
• Personal Data. Personal Data means information about a living individual who can be identified from such information (or from those and other information either in our possession or likely to come into our possession).
• Usage Data. Usage Data is data collected automatically by the use of the App itself (for example, dates and times of App usage, the duration of the use of the App, iOS device IP address, iOS device characteristics, and information on actions taken on our App).
We collect information in different ways from individuals who download and subscribe to the App. We collect information from you in the following ways:
• When you subscribe to use the App.
• When you provide information to create your account and profile.
• When you submit challenges through the App.
• When you place a request for help from a trainer by using the “HELP?” feature contained within the App.
We collect different information from you depending on how you engage with us.
• We collect your apple ID when you subscribe to use the App.
• We collect your name, your photo and an email address (yours or, if you are a minor, your parent’s or legal guardian’s) when you provide it to us to create your account and profile.
• We collect videos of your performance of the various challenges you select through the App.
• If you are a trainer, we collect your biographical information that you provide and videos about your performance and instruction of the challenges which you upload to the App.
• We automatically collect Usage Data through your use of the App.
We may process and use your Personal Data primarily to perform a contract with you, and to otherwise deliver App functionality or a feature of the App that you request, including:
• To validate your identity.
• To create your profile.
• To fulfill your request for viewing, learning and submitting challenges.
• If you are a trainer, to create and publish your challenges and provide you with the ability to evaluate users’ performance of challenges and provide personalized video feedback.
• To assist us in improving the App.
We may also process your Personal Data because it is necessary for our or a third party’s legitimate interests and it’s not overridden by your rights. In this respect, we may use your Personal Data to:
• To contact you via email, to learn more about your preferences, to conduct market research and learn more about how we can improve our offerings.
• To track App performance, to make your App experience better, and for aggregate App analytics.
• To analyze trends, challenge popularity, and to gather demographic information about our User base as a whole.
We may also process your Personal Data for our compliance with our legal obligations. In this respect, we may use your Personal Data for the following:
• When necessary to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law.
• When necessary to enforce or apply our Terms and other related agreements.
• To protect our rights or the property or safety of our employees, Users or members of the general public.
We generally do not share your Personal Data with third parties. However, we may share your Personal Data:
• If we have received your permission beforehand, such as when you request to submit your challenge performance to the applicable training.
• With our employees, if necessary for the development, improvement, and provision of our App. Our employees must have a business reason to obtain access to your Personal Data.
• With Service Providers, as processors when they meet the requirements of this Privacy Policy, and when necessary for the purposes of providing the App.
• Under certain circumstances, if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
• If in good faith, we believe that such action is necessary to comply with a legal obligation or to protect and defend our rights or property.
• To a successor entity upon a merger, consolidation or other corporate reorganization in which we participate or to a purchaser of all or substantially all of our assets to which this App relates.
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the details set out below. You have the right to:
• Access or update the information we have on you. Find out if we use your Personal Data, access your Personal Data and have it corrected or amended if it is inaccurate or incomplete.
• Withdraw consent. Withdraw any express consent that you have provided to the processing of your Personal Data at any time without penalty.
• Object. You have the right to object to our processing of your Personal Data.
• Data portability. Obtain a transferable copy of some of your Personal Data which can be transferred to another provider when the Personal Data was processed based on your consent.
• Rectification. If you believe your Personal Data is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your Personal Data, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.
• Deletion or restriction. Request your Personal Data be deleted or restricted under certain circumstances. For example, if Boosta is using your Personal Data on the basis of your consent and has no other legal basis to use such, you may request your Personal Data be deleted when you withdraw your consent.
If you wish to exercise any of these rights, or raise a complaint on how we have handled your Personal Data, please contact us at [email protected] or via the details below.
You additionally have a right at any time to stop us from contacting you for promotional marketing purposes. If now or in the future you receive promotional or electronic newsletter communications from us, you may indicate a preference to stop receiving such communications from us, and you will have the opportunity to “opt-out” by clicking the “Unsubscribe” hyperlink at the bottom of all such communications. Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding the App, including, for example, updates to our Privacy Policy or the Terms.
Users of the App from California:
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a policy identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this Privacy Policy, please submit a written request to the address below.
Using our App outside the United States:
We store and process all Personal Data within the US.
If you are using our App from outside the United States, please be aware that your information will typically be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your Personal Data is protected. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Users of the App from the EU:
If your Personal Data is subject to GDPR, in the course of providing the App to you, we may transfer your Personal Data outside of the EU, principally to our servers in the United States; this means that your Personal Data will not have the automatic protection of European data protection laws (including the GDPR) which apply in the EU. In these circumstances, in order to ensure that your Personal Data continues to have adequate protection when it is transferred outside the EU, your Personal Data will only be transferred on one of the following bases:
1. Where the transfer is subject to one or more of the appropriate safeguards for international transfers prescribed by applicable law (for example, standard data protection clauses adopted by the European Commission);
2. A European Commission decision provides that the country or territory to which the transfer is made ensures an adequate level of protection; or
3. There exists another situation where the transfer is permitted under applicable law (for example, where we have your explicit consent).
You can obtain more details of the protection given to your Personal Data when it is transferred outside the EU by contacting us using the details set out below.
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to perform a contract with you, comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our App, or we are legally obligated to retain this data for longer time periods.
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. We take precautions to insure that Users’ Personal Data is secured and we strive to use commercially acceptable means to protect your Personal Data, but we cannot guarantee its absolute security.
We use a variety of industry-standard technical, contractual, administrative and physical security measures and procedures to help protect your Personal Data from unauthorized access, use, alteration or disclosure. Unless otherwise provided, we restrict access to Personal Data to those employees who need access to perform their job functions. Please note that despite our best efforts, no one can guarantee the security of Personal Data. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Personal Data at any time.
We may employ Service Providers, to process App-related data on our behalf, to perform App-related service or to assist us in analyzing how our App is used. Each of these Service Providers is contractually obligated to provide services to us in a manner consistent with this Privacy Policy.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose and must comply with the requirements for third party processors set forth in this Privacy Policy.
As all payments for subscriptions of the App are handled through Users’ iOS apple id, we do not collect or retain any payment information or share any such information with any third party.
We require third-party controllers to whom we disclose your Personal Data to contractually agree to (i) only process such Personal Data for the limited and specified purposes consistent with the consent you provide; and (ii) provide the same level of protection to your Personal Data as required under this Privacy Policy; and (iii) notify us if the third-party controller makes a determination that it can no longer meet the foregoing obligations.
In addition, when we transfer your Personal Data to a third party processor acting as our agent, we will: (i) transfer such Personal Data only for the limited and specified purposes consistent with the request or consent you provide; (ii) contractually require the processor to provide at least the same level of privacy protection as is required by this Privacy Policy; (iii) require the processor to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the this Privacy Policy. Should we receive any such notice, we will take reasonable and appropriate steps to stop and remediate unauthorized processing.
We shall remain liable should our processors process Personal Data in a manner inconsistent with this Privacy Policy, unless we can prove we are not responsible for the event giving rise to the damage. We acknowledge our liability for such data transfers to third parties in violation of this Privacy Policy.
Our App is not intended for use by anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child under the age of 13 has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from any children under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.
From time-to-time we may modify, change, update, add to, remove portions of or otherwise alter this Privacy Policy. We will notify you of any changes by email or by posting the new Privacy Policy on through the App.
We will let you know via email and/or a prominent notice on our App, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. If you object to any such changes, you must immediately cease using the App.
When we receive formal written complaints, it is our policy to contact the person regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of Personal Data that cannot be resolved between us and an individual.
If you have any questions about our Privacy Policy, you can always contact us in any of three ways:
Send us an e-mail: [email protected]
Write to us at:
Boosta, Inc.
3505 Long Beach Boulevard, #1C
Long Beach, CA 90807
Attention: Privacy