Last Updated: May 5, 2020
• 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.
• 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.
• 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.
Users of the App from California:
Using our App outside the United States:
We store and process all Personal Data within the US.
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 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.
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.
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.
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.
Send us an e-mail: [email protected]
Write to us at:
3505 Long Beach Boulevard, #1C
Long Beach, CA 90807