In this Privacy Policy ("Policy"), Tam(squared) Inc., doing business as Paceline ("Paceline," "we," "us," or "our"), describes how we collect, use, disclose, and otherwise process information about visitors to our website, www.paceline.fit (the "Site"), users of our mobile application (the "Mobile Application"), and individuals who use any other products, services, websites, applications, features, rewards programs, marketplace offerings, communications, or other services that link to this Policy (collectively, the "Services").

By using the Services, you acknowledge that your personal information will be handled as described in this Policy. Your use of the Services is also subject to our Terms of Service and any additional terms that apply to particular features, rewards, promotions, marketplace purchases, or partner offerings.

This Policy is intended to describe our general privacy practices. Depending on where you live and how you use the Services, additional privacy notices may apply, including our Consumer Health Data Privacy Policy and any supplemental notices provided at the time of collection or consent.

1. Supplemental Consumer Health Data Privacy Policy

Consumer Health Data Privacy Policy. If you are a Washington or Nevada resident, or if another applicable consumer health data law applies to your information, please refer to our Consumer Health Data Privacy Policy for additional information about how we collect, use, disclose, and protect consumer health data.

Certain information collected through the Services - such as health, fitness, biometric, wearable-device, precise geolocation, and consumer health data - may be considered sensitive under applicable law. Where required, we obtain express consent before collecting, using, or disclosing such information. You may withdraw your consent at any time through your account settings or by contacting us, though doing so may affect your ability to use certain features of the Services.

2. Information We Collect

We collect information directly from you, from your devices and connected services, from our partners and service providers, and automatically through your use of the Services. The information we collect depends on how you use the Services, the permissions you grant, the devices and accounts you connect, and the features you choose to use.

2.1 Information You Provide to Us

The information we collect from you depends on how you interact with Paceline. For example, to create an account, we may ask you to provide your name, email address, login credentials, and information needed to connect at least one wearable device or supported data source. We may also ask you for age, gender, date of birth, height, weight, profile photo, workout and wellness preferences, spending habits, rewards preferences, survey responses, customer support communications, and other information you choose to provide. Although you may choose not to provide certain information, some features and functions of the Services may not work without it.

If you sign up for early access to a Paceline feature, waitlist, product, credit card, rewards program, promotion, or partner offer, we may collect your name, email address, contact information, information about the types of wearable fitness devices or credit cards you use, and other information you choose to provide in connection with that request.

2.2 Information from Wearable Devices and Connected Services

With your consent, we may collect information from your wearable device provider, mobile operating system, connected health or fitness application, or other connected data source. In some cases, we collect this information through third-party data-integration or wearable-connectivity providers that access your wearable device account or connected service on our behalf. By connecting a wearable device or other data source, you consent to Paceline and these providers accessing, processing, and using the information described in this Section to provide and support the Services. Depending on the device, settings, and permissions you enable, this information may include all or some of the following:

• physical activity, workout, and exercise information;
• energy output, activity levels, active minutes, exercise minutes, workout periods, training sessions, meditation time, and similar activity measures;
• steps, walking distance, running distance, cycling distance, swimming distance, swimming strokes, and other movement or workout metrics;
• heart rate, resting heart rate, heart rate variability, cardio fitness or VO2 max estimates, sleep-related information, recovery-related information, and other physiological or wellness metrics;
• device-generated goals, achievements, trends, streaks, scores, or similar fitness/wellness signals;
• date of birth, height, sex, weight, and other profile information that you have provided to your wearable device provider or connected service; and
• other data output generated by your connected device, application, or service, to the extent you authorize that data to be shared with Paceline.

We will continue to collect information from your connected device or service until you remove the connection from your Paceline account or adjust your device or account permissions. Depending on your device or connected service, you may be able to adjust or opt out of sharing all or some activity information through your device, operating system, wearable provider, or Paceline account settings.

2.3 Information from Partners and Other Sources

We may collect information from marketing partners, rewards partners, financial services partners, marketplace partners, service providers, analytics providers, fraud-prevention vendors, public sources, and other third parties. The information we collect depends on the specific relationship and may include information about your interaction with a partner site or offer, whether you purchased or activated a product or service, whether a reward or offer was fulfilled, and information needed to operate, improve, protect, and personalize the Services.

With your specific authorization or as otherwise permitted by applicable law, we may collect information from medical providers, health information exchanges, connected services, program partners, or other third parties. Any such collection will be subject to the terms of the authorization, any supplemental notice provided to you, and applicable law.

2.4 Location Information

We and our service providers may collect location information through the Services. The type of location information we collect depends on your device settings and the features you use. If you access the Services through a mobile device or wearable device, we may collect precise geographic location information, GPS information, sensor data, cellular network information, Wi-Fi information, or other location-based information where permitted by your device settings and applicable law.

You can disable direct location collection through your device settings or by deleting the Mobile Application from your device. Even if you disable direct location collection, we may still collect your IP address, which may contain approximate location information.

We do not use geofencing technologies around health care facilities to identify, track, collect consumer health data from, or send targeted messages to consumers in a manner prohibited by applicable consumer health data privacy laws.

2.5 Information Collected Automatically

We automatically collect information about your use of the Services through cookies, pixels, SDKs, mobile analytics tools, server logs, and other technologies. To the extent permitted by applicable law, we may combine this information with other information we collect about you. Information collected automatically may include:

• domain name, browser type, operating system, device name and model, operating system type, name, and version;
• IP address, mobile device ID, advertising identifiers, cookie identifiers, SDK identifiers, and similar device or browser identifiers;
• pages viewed, links clicked, referring URL, search terms, session length, and other usage information;
• activities within the Mobile Application and the length of time you are logged into the Mobile Application;
• rewards claimed, items purchased, partner websites or stores visited from the Services, and interactions with marketplace or partner offers;
• email engagement information, such as whether you opened, clicked on, or forwarded an email;
• language information, approximate location information, and, if enabled, precise location information; and
• diagnostic, performance, crash, fraud-prevention, and security information.

3. How We Use Your Information

We use the information we collect to provide, operate, personalize, improve, protect, and promote the Services, and for the purposes described below.

3.1 Services, Support, Rewards, and Personalization

• Provide, operate, improve, maintain, and protect the Services;
• Provide our wellness program, rewards program, marketplace, Mobile Application, Site, and related features;
• Create, maintain, authenticate, and secure your account;
• Provide technical support, customer service, and account communications;
• Respond to your inquiries and process your requests;
• Provide rewards that you earn, track your eligibility for rewards, and administer partner offers and promotions;
• Tailor content, features, communications, rewards, and information that we send or display to you;
• Offer personalized fitness goals, activity prompts, rewards, general wellness suggestions, educational content, habit-building support, help, instructions, and other personalized experiences;
• Analyze user behaviors, including fitness, wellness, rewards, marketplace, and consumer purchasing activities, to improve the Services, reward offerings, and reward incentives;
• Conduct research and analysis and monitor trends and usage; and
• Enhance user experience, product performance, business operations, safety, and security.

Paceline's goals, suggestions, and personalization features are designed to support general fitness, wellness, motivation, and habit formation. They are not medical advice, diagnosis, treatment, disease-risk assessment, insurance underwriting advice, or a substitute for professional healthcare advice.

3.2 AI, Analytics, and Automated Personalization

We may use automated systems, analytics tools, algorithms, machine-learning tools, or service providers to help provide, personalize, evaluate, and improve the Services, including wellness goals, activity prompts, rewards, suggestions, fraud-prevention, customer support, and product analytics. We do not use these features to make medical diagnoses, provide treatment recommendations, or make regulated eligibility, underwriting, claims, or risk-classification decisions.

If we use service providers to support AI, analytics, or automated personalization features, we require them to process personal information, including sensitive information and consumer health data where applicable, only to provide services to Paceline and in accordance with applicable law and our contractual requirements, except that these providers may create, retain, and use de-identified or aggregated information derived from such data as permitted by applicable law and our agreements with them. We do not authorize service providers to use identifiable wearable, fitness, wellness, or consumer health data to train their own models except as expressly disclosed to you, authorized by Paceline, and permitted by applicable law.

3.3 Research, Aggregation, and De-Identification

We may use information to better understand user behavior, wellness engagement, reward participation, product usage, and the relationship between behaviors and general wellness outcomes. We may de-identify or aggregate information so that it does not identify you as an individual and use it for research, analytics, product improvement, partner reporting, business planning, and other lawful purposes. We do not attempt to re-identify de-identified information except as permitted by applicable law, such as to test whether our de-identification processes are effective.

3.4 Marketing and Promotional Activities

We may use information to send you news, newsletters, product updates, promotional communications, surveys, contest or sweepstakes communications, and information about Paceline products and services or products and services offered with our rewards, marketplace, financial services, or other partners. We may also use information to evaluate the success of advertising campaigns and improve the relevance of content and offers.

We do not sell consumer health data. We do not use consumer health data for targeted advertising where prohibited by applicable consumer health data privacy laws. 

If you are located in Canada, we will send you commercial electronic messages, including promotional emails and SMS messages, only with express or implied consent in accordance with Canada's Anti-Spam Legislation (CASL). You may withdraw your consent and unsubscribe from marketing communications at any time by clicking the unsubscribe link in an email, replying STOP to SMS messages where applicable, or contacting us directly. Withdrawal of consent will not affect transactional or service-related communications.

3.5 Legal, Security, and Business Purposes

• Comply with legal obligations, legal process, and governmental requests;
• Enforce our contracts, Terms of Service, rewards terms, marketplace terms, and other applicable terms;
• Detect, prevent, investigate, and address fraud, security issues, technical issues, unauthorized access, misuse, or violations of our policies;
• Protect the rights, property, safety, and security of Paceline, our users, partners, service providers, and the public;
• Maintain accounting, auditing, compliance, recordkeeping, legal, and administrative functions; and
• Evaluate or complete a merger, acquisition, financing, investment, reorganization, bankruptcy, sale of assets, or similar business transaction.

4. Partner Programs, Research, and Sensitive Data Use

Paceline may offer optional features, programs, research opportunities, pilots, or partner offerings that involve additional data uses or disclosures. If you choose to participate in one of these programs, we may collect, use, or disclose information as described in the applicable consent, authorization, program terms, or supplemental notice.

Paceline does not use or disclose identifiable wearable, fitness, wellness, consumer health, or similar data for underwriting, pricing, eligibility, claims adjudication, risk classification, or similar regulated decisions unless we provide separate notice and obtain any consent or authorization required by applicable law. Paceline's consumer-facing goals and suggestions are intended for general wellness, motivation, and habit formation, and not for medical or regulated eligibility decisions.

If Paceline or one of its affiliates supports a partner study, pilot, or research program that requires identifiable data or consumer health data, participation will be handled through a separate enrollment, notice, consent, or authorization process.

5. How We Share Your Information

We may share personal information as described below and as otherwise disclosed to you at the time of collection or with your consent.

5.1 Service Providers and Processors

We disclose information to service providers, contractors, processors, and agents who perform services on our behalf, such as hosting, cloud storage, analytics, wearable-device data integration and connectivity, customer support, email delivery, SMS delivery, fraud prevention, payment processing, rewards administration, marketplace fulfillment, app functionality, security, and business operations.

5.2 Affiliates and Corporate Group

Affiliates and Subsidiaries. We may disclose information we collect to our affiliates and subsidiaries for purposes consistent with this Policy and applicable law. This includes Polymath Analytics, a Paceline affiliate/subsidiary that supports analytics, research, reporting, product development, personalization, rewards and partner-program analysis, security, quality control, and improvement of the Services.

Polymath Analytics may process personal information, wearable-device information, activity information, consumer health data, rewards information, and derived, aggregated, or de-identified information for these purposes. Polymath Analytics does not share identifiable consumer health data with external partners for underwriting, pricing, eligibility, claims adjudication, risk classification, or similar regulated decisions unless Paceline provides separate notice and obtains any consent or authorization required by applicable law.

5.3 Other Users

If you connect with other users or friends through the Services, certain activity information may be shared with those users, such as your general rewards, fitness goals, activity information, achievements, or profile information. You may stop sharing information with a user by removing that user from your friend group or adjusting available settings. We do not share your financial information with other users.

5.4 Partners and Connected Services

We may disclose information to rewards partners, marketplace partners, financial services partners, wearable providers, connected services, research partners, or other program partners as needed to provide Services you request, administer offers or rewards, facilitate your interactions with those partners, confirm purchases or reward eligibility, conduct research or analytics, or as otherwise described in a supplemental notice or consent. When you purchase from a Marketplace Brand Partner, we share the information needed to fulfill, support, and service your order — such as your name, shipping address, contact details, order information, and any issue reports or photos you submit in connection with a return or refund request — with that Marketplace Brand Partner. Marketplace Brand Partners use this information as independent businesses under their own privacy policies.

Where information is shared with wearable providers, financial services partners, research partners, or other third parties in connection with sensitive information or consumer health data, we do so in accordance with applicable law, applicable consent or authorization, and any supplemental terms or notices.

5.5 AI, Analytics, and Technology Providers

We may disclose information to analytics, automation, AI, machine-learning, or technology service providers that help us operate, secure, personalize, and improve the Services. These providers are authorized to process personal information only to provide services to Paceline, subject to applicable law and contractual restrictions, except that certain providers may create, retain, and use de-identified or aggregated information that does not identify you, as permitted by applicable law and our agreements with them.

5.6 Legal, Safety, and Business Transfers

• Legal process and compliance. We may disclose information to comply with law, legal process, court order, subpoena, government request, or similar legal obligation.
• Protection of rights. We may disclose information when we believe disclosure is appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, security issues, violations of our Terms of Service or policies, or threats to the safety, rights, or property of any person.
• Business transfers. If we or our affiliates are or may be acquired by, merged with, financed by, invested in, reorganized, or involved in a bankruptcy or sale of assets, we may transfer or disclose information as part of that transaction or related diligence, subject to applicable law.
• Consent. We may disclose information to companies, organizations, and individuals outside Paceline when you consent or direct us to do so.

5.7 Aggregate and De-Identified Information

We may de-identify or aggregate information so that it does not identify you as an individual and use or disclose that information for lawful purposes. For example, Paceline and its affiliates and subsidiaries, including Polymath Analytics, may use aggregate or de-identified information about users, rewards, engagement, marketplace activity, product usage, and general wellness trends for analytics, research, reporting, product improvement, and partner-program evaluation. We may share aggregate or de-identified information with rewards, marketplace, insurance, financial services, research, or business partners, provided that we do not disclose it in a manner that identifies you as an individual person unless consent is provided by you.

6. Cookies, Tracking Technologies, Analytics, and Advertising

We and our service providers use cookies, pixels, SDKs, local storage, mobile analytics tools, clear GIFs, web beacons, server logs, and similar technologies to collect information about your use of the Services, provide functionality, improve performance, analyze usage, secure the Services, remember preferences, and support marketing and advertising activities.

6.1 Cookies

Cookies are alphanumeric identifiers that may be transferred to your device through your browser for recordkeeping purposes. Some cookies help you navigate the Services, keep you logged in, remember preferences, or enable security features. Others may help us understand usage, measure campaigns, or provide more relevant content.

6.2 Pixels, SDKs, and Similar Technologies

Pixels, clear GIFs, web beacons, SDKs, and similar technologies may be used in our websites, Mobile Application, emails, and advertisements to understand interactions, measure usage, manage content, evaluate campaigns, identify when emails are viewed, and track whether emails are clicked or forwarded.

6.3 Analytics

We may use analytics tools, such as Google Analytics and other analytics providers, to evaluate usage of the Services, improve performance, and better understand user experiences. These providers may use cookies, SDKs, local storage, and similar technologies to perform their services.

6.4 Your Cookie and Tracking Choices

Most browsers automatically accept cookies, but you can usually modify browser settings to block, delete, or notify you about cookies. If you disable cookies, some Services may not function properly. You may also be able to control mobile tracking permissions through your device settings.

Where required by applicable law, we honor legally recognized opt-out preference signals, such as Global Privacy Control, as a request to opt out of sale or sharing for targeted advertising with respect to the browser or device through which the signal is received. 

Our Services currently do not respond to browser "Do Not Track" signals. We may update this Policy if standards for responding to such signals become legally required or technically standardized.

7. Your Privacy Choices and Rights

Depending on where you live and how you use the Services, you may have certain rights regarding your personal information. These rights may include the right to request access, correction, deletion, portability, restriction, opt-out of certain processing, withdrawal of consent, or appeal of a privacy-rights decision. We will respond to privacy requests in accordance with applicable law.

7.1 Account Information and Device Permissions

You may modify, correct, or delete certain personal information submitted through the Services by accessing your account settings or contacting us. You may disconnect wearable devices or connected services through your account settings or through the settings of the applicable device, operating system, wearable provider, or connected service. You may disable certain device permissions, such as location permissions, through your device settings. Copies of updated, modified, or deleted information may remain in backups, logs, cached pages, archived records, or records we are required to retain for legal, security, fraud-prevention, compliance, or legitimate business purposes.

7.2 Promotional Communications

You may opt out of promotional emails by following the opt-out or unsubscribe instructions in the email. You may opt out of SMS marketing, where applicable, by replying STOP. It may take time to process opt-out requests. Even if you opt out of promotional communications, we may still send transactional, account, security, legal, or service-related communications.

7.3 U.S. State Privacy Rights

Residents of certain U.S. states, including California and other states with comprehensive privacy laws, may have additional privacy rights. Depending on the applicable law, these rights may include:

• the right to know or access the personal information we collect, use, disclose, sell, or share;
• the right to request deletion of personal information;
• the right to request correction of inaccurate personal information;
• the right to obtain a copy of personal information in a portable format;
• the right to opt out of sale, sharing, targeted advertising, or certain profiling, where applicable;
• the right to limit the use or disclosure of sensitive personal information, where applicable;
• the right to withdraw consent where processing is based on consent; and
• the right not to be discriminated against for exercising privacy rights.

To exercise applicable privacy rights, contact us using the information in the "Contact Us" section. We may need to verify your identity or authority before processing a request. If we deny a request, you may have the right to appeal our decision by following the instructions provided in our response.

7.4 Nevada Residents

Nevada residents may opt out of the sale of certain covered information. We do not sell personal information under Nevada's general online privacy law and do not currently plan to do so. Nevada residents may submit an opt-out request by emailing opt-out-nv@paceline.fit and specifying that they wish to "Opt out of Sale of Personal Information in Nevada." Please allow the time permitted by applicable law for a response.

7.5 Consumer Health Data Rights

If applicable consumer health data privacy laws apply to your information, you may have rights described in our Consumer Health Data Privacy Policy, including rights to know or access consumer health data, withdraw consent, request deletion, and appeal a denied request. Please review our Consumer Health Data Privacy Policy for details.

8. Security

We have implemented reasonable administrative, technical, and physical safeguards designed to protect information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no data security measures can guarantee complete security.

You should protect against unauthorized access to your password, phone, wearable device, and computer by signing off after using shared devices, choosing a strong password, keeping login credentials private, and maintaining the security of devices connected to your Paceline account. We are not responsible for lost, stolen, or compromised passwords or for activity on your account resulting from unauthorized password activity.

9. Data Retention

We retain personal information for as long as reasonably necessary to provide the Services, fulfill the purposes described in this Policy, comply with legal obligations, resolve disputes, enforce agreements, prevent fraud, maintain security, and support legitimate business operations. Retention periods may vary depending on the type of information, the purposes for which it is used, your relationship with Paceline, legal requirements, and our business needs.

When information is no longer needed, we may delete, de-identify, aggregate, or securely retain it in accordance with applicable law and our recordkeeping practices. 

10. Children

You must be at least 18 years old to connect a wearable device or other data source to the Services. The Services are not designed for children under 13, and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided personal information to us, we will delete such information from our systems. If you are the parent or guardian of a child under 13 and believe the child has shared information with us, please contact us so that we can take appropriate steps.

11. Links to Third-Party Websites and Services

The Services may contain links to websites, applications, products, or services operated by third parties. Your use of those third-party websites and services is governed by their privacy policies and terms, not this Policy. We are not responsible for the privacy or security practices of third-party websites, applications, products, or services.

12. International Transfers

Paceline is based in the United States, and the Services are hosted and operated primarily in the United States. If you access the Services from outside the United States, your information may be transferred to, stored in, or processed in the United States and other jurisdictions that may have data protection laws different from those in your jurisdiction. Where required, we use contractual, technical, organizational, and other safeguards designed to protect personal information transferred across borders.

13. Additional Information for Residents of Canada

If you are a resident of Canada, Paceline processes your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable Canadian privacy laws.

13.1 Privacy Officer

Paceline is responsible for personal information under its control. We have designated a Privacy Officer who is accountable for our compliance with applicable privacy laws. If you have questions about this Policy or wish to exercise privacy rights, you may contact our Privacy Officer at:

Email: privacy@paceline.fit

Mail: Paceline Privacy Officer, 595 Pacific Avenue, Floor 4, San Francisco, CA 94133

13.2 Consent

We collect, use, and disclose personal information only with your knowledge and consent, except where otherwise permitted or required by law. Consent may be express or implied depending on the sensitivity of the information and the circumstances. For sensitive personal information, including health, biometric, fitness, geolocation, wearable-device, or consumer health data, we obtain express consent where required. You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Withdrawal of consent may limit your ability to use certain Services.

13.3 Limiting Collection, Use, Disclosure, and Retention

We limit personal information collection to information necessary for the purposes identified in this Policy or otherwise disclosed to you. We do not use or disclose personal information for purposes other than those for which it was collected, except with your consent or as required or permitted by law. We retain personal information only as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, enforce agreements, and support legitimate business needs. 

13.4 Access, Correction, and Challenging Compliance

Canadian residents may request access to personal information we hold about them and request correction if it is inaccurate or incomplete. We will respond to such requests within the timeframes required by applicable Canadian law. If you have questions or concerns about our privacy practices, you may contact our Privacy Officer. If you are not satisfied with our response, you may contact the Office of the Privacy Commissioner of Canada or, where applicable, the relevant provincial privacy regulator.

13.5 Cross-Border Transfers

Personal information may be stored or processed outside Canada, including in the United States. When information is transferred outside Canada, it may be subject to the laws of the jurisdiction where it is processed and may be accessible to courts, law enforcement, national security authorities, or other governmental authorities in that jurisdiction. We use contractual and other safeguards designed to protect personal information when it is transferred internationally.

13.6 CASL Marketing Communications

If you are located in Canada, we will send commercial electronic messages only with express or implied consent in accordance with CASL. Each commercial electronic message will include required identification information and an unsubscribe mechanism, where required. You may withdraw consent at any time, though we may still send transactional or service-related communications as permitted by law.

14. Changes to this Policy

We may make changes to this Policy from time to time. When we do, we will post the updated version on this page and update the "Last Updated" date above. Changes take effect from the date of publication unless stated otherwise. If we make material changes, we will provide notice as required by applicable law.

15. Contact Us

If you have questions about the privacy aspects of the Services, wish to exercise privacy rights, or would like to make a complaint, please contact us at:

Email: privacy@paceline.fit

Nevada sale opt-out requests: opt-out-nv@paceline.fit

Mail: Paceline Privacy Officer, 595 Pacific Avenue, Floor 4, San Francisco, CA 94133