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Last updated: Monday, 19th November 2018
Conditions of Use
Welcome to our website. Spirit Exsel and its associates provide their services to you subject to the following conditions. If you use this website, you accept these conditions. Please read them carefully.
We understand that you have trusted and continue to trust us with personal information that is important to you. We want you to feel secure about how we collect and use your data to continue that trusted relationship.
Here we describe the privacy practices for our, websites, products, and services (the “Services”). You will learn about the data we collect, how we use it, the controls we give you over your information, and the measures we take to keep it safe.
Specifically, we’ll cover:
- Electronic Communications
- Information We Receive From Your Use of Our Services
- How We Use Information
- How Information is Shared
- Objecting to Data Use
- Data Retention
- Analytics & Advertising Services Provided by Others
- Cookies Statement
- Our Policies for Children
- Information Security
- Our International Operations and Data Transfers
- Licence & Site Access
- Membership Accounts
- Reviews, Comments, E-mails and other Content
- Force Majeure
- Applicable Law
- Modification and Severability
- Who We Are and How To Contact Us
When you send e-mails to Spirit Exsel you are communicating with us electronically. If you e-mail us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Information We Receive From Your Use of Our Services
When you access or use our Services, we receive certain usage data. We collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.
How We Use Information
We use the information we collect for the following purposes.
Provide and Maintain the Services
Using the information we collect, we are able to deliver the Services to you and honour our contract with you. For example, we need to use your information to provide you with customer support.
Improve, Personalise and Develop the Services
We use the information we collect to improve and personalise the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new offerings and Services.
When you allow us to collect precise location information, we use that information to provide and improve features of the Services such as displaying group events that are taking place near to your location.
Communicate with You
We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new offerings that we think you would be interested in. You can control marketing communications and most Service notifications via the “Unsubscribe” link in an email.
Promote Safety and Security
We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
For personal data subject to the GDPR, we rely on several legal bases to process the data. These include: a) when you have given your consent, which you may withdraw at any time by deleting your own profile or by contacting us and requesting that we update or delete profile information. And b) through other tools; when the processing is necessary to ensure we fulfil our contract with you and when progressing legitimate community interests, such as in improving, personalising, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described above.
How Information is Shared
We do not share your personal information except in the limited circumstances described below.
When You Agree or Direct Us To Share
You may direct us to disclose your information to others, such as when you use our community features like the Challenger Update Wall and other social tools. For certain information, we provide you with privacy preferences in account settings and other tools to control how your information is visible to other users of the Services. Just remember that if you choose to participate in a challenge, information like your profile photo, posted messages, total distance covered and charity fundraising totals in the challenge is not governed by privacy preferences and will be visible to all other challenge participants (as part of a cumulative total in the case of kilometres covered and total funds raised).
You may direct us to disclose your information with others, for example, with a third-party application when you give it access to your account, or with your employer or a community group or team. Remember that their use of your information will be governed by their privacy policies and terms. You can revoke your consent to share with third-party applications groups, teams or your employer using your account settings
For External Processing
We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.
For Legal Reasons or To Prevent Harm
We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.
Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.
We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us. If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.
Objecting to Data Use
If you live in a Designated Country, in certain circumstances, you can object to our processing of your information based on our legitimate interests, including as described in the How We Use Information section. You have a general right to object to the use of your information for direct marketing purposes. Please use the unsubscribe link in any email communication or contact us directly with your request to restrict or limit data use. In addition to the various controls that we offer, if you reside in a Designated Country, you can seek to restrict our processing of your data in certain circumstances. Please note that you can always delete your account at any time.
If you need further assistance regarding your rights, please contact our Data Protection Officer at email@example.com, and we will consider your request in accordance with applicable laws. If you reside in a Designated Country, you also have a right to lodge a complaint with your local data protection authority or with the Information Commissioner’s Office, our lead supervisory authority, whose contact information is available here.
We will keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the How We Use Information and How Information is Shared sections.
Analytics & Advertising Services Provided by Others
Please review our Cookies Statement, which also governs your visit to our website, to understand our practices.
Our Policies for Children
Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to create accounts unless their parent has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at firstname.lastname@example.org.
We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact us at email@example.com.
Our International Operations and Data Transfers
We operate internationally and transfer information to the United States and other countries for the purposes described in this policy.
We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent, the EU-US and Swiss-US Privacy Shield, and EU Commission approved model contractual clauses, which require certain privacy and security protections. You may obtain copies of the model contractual clauses by contacting us.
Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create a Spirit Exsel account. If you later wish to withdraw your consent, you can delete your Spirit Exsel account in your account settings.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Spirit Exsel or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Spirit Exsel, with copyright authorship for this collection by Spirit Exsel, and protected by international copyright laws.
License and Site Access
Spirit Exsel grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Spirit Exsel. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Spirit Exsel. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Spirit Exsel and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilising Spirit Exsel’s name or trademarks without the express written consent of Spirit Exsel.
Any unauthorised use terminates the permission or license granted by Spirit Exsel. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of Spirit Exsel so long as the link does not portray Spirit Exsel, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Spirit Exsel logo or other proprietary graphic or trademark as part of the link without express written permission.
If you register with this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Spirit Exsel and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, E-mails and other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your review, comment, e-mails or other submitted content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Spirit Exsel or its associates for all claims resulting from content you supply. Spirit Exsel has the right but not the obligation to monitor and edit or remove any activity or content. Spirit Exsel takes no responsibility and assumes no liability for any content posted by you or any third party.
Spirit Exsel shall not be liable to refund of fees or for any other penalty should the event be cancelled due to war, fire, strike lock-out, industrial action, tempest, accident, civil disturbance or any other cause whatsoever beyond their control.
By visiting Spirit Exsel, you agree that the laws of the state of Scotland, United Kingdom, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Spirit Exsel or its associates.
Any dispute relating in any way to your visit to Spirit Exsel or to products you purchase through Spirit Exsel shall be submitted to confidential arbitration in Scotland, United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Spirit Exsel’s intellectual property rights, Spirit Exsel may seek injunctive or other appropriate relief in any state or federal court in the state of Scotland, United Kingdom, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the appropriate courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Modification and Severability
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services. You can review previous versions of the policy by contacting up at firstname.lastname@example.org.
Who We Are and How to Contact Us
If you live in the European Economic Area, United Kingdom, or Switzerland, then Spirit Exsel controls your personal data and provides you with the Services. If you are seeking to exercise any of your statutory rights, please contact our Data Protection Officer by emailing email@example.com.