Kabata, Inc. ("Kabata,” “we,” or “us”) would like for you to understand our data practices and the rights and choices you have regarding your personal information. This Privacy Policy describes how we collect, use, and disclose information and it applies to information we collect when you access or use our website (the “Site”), our fitness equipment (the “Equipment”), and our mobile applications (the “Apps”) (collectively, the “Services”). This Privacy Policy also applies to information we collect when you interact with us, including through emails or our other customer support channels and on social media. 

We may provide different or additional notices of our privacy practices for certain products or services, in which case those notices will supplement or replace the disclosures in this Privacy Policy. 

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

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Collection of Information

The information we collect about you depends on how you use our Services or otherwise interact with us. In this section, we describe the categories of information we collect and the sources of this information.

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information directly from you when you create a Kabata account, submit content through our Services, make a purchase, communicate with us via third-party platforms, participate in a contest or promotion, request customer support or otherwise communicate with us.  The types of information that we collect may include your name, email address, postal address, telephone number, username and password, profile picture, height and weight, age, gender, experience level, fitness goals, workout preferences, workout data, and any other information you choose to provide. If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

Information We Collect Automatically

We automatically collect certain information about your interactions with us or our Services, including: 

• Activity Information: We collect information about your workouts when you use the Equipment, including but not limited to the frequency and length of your workouts, workout start and end times, exercises performed, number of sets and repetitions for each exercise, amount of weight lifted, various other workout metrics, such as rep velocity and rep quality, among others, and information about your interactions with other users through the Services. With your consent, we may also collect information about how your body moves while using the Equipment, such as data collected from peripherals and our hardware.
• Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction. 
• Device and Usage Information: We collect information about how you access and use our Services, including data about the Equipment, mobile device and network you use. This includes unique device identification numbers and information about hardware model, operating system version, mobile network, IP address, browser type, and app version. We also collect information about your activity on our Site and Apps, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Site. 
• Information Collected by Cookies and Similar Tracking Technologies.  We (and those who perform work for us) use tracking technologies, such as cookies and web beacons, to collect information about your interactions with the Services. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see the Cookies and Similar Tracking Technologies section below.

Information We Collect From Other Sources

We obtain information from other sources. For example, if you choose to connect your Kabata account to third-party devices, such as heart rate monitors, wearable technology, and fitness accessories, or third-party services, such as social media networks, we will have access to certain information from those third-party devices and services, such as your heart rate data or social media profile photos, usernames and friend lists and any other information that you make accessible to us, in accordance with your settings on those third party devices and services. 

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may infer your approximate location based on your IP address. 

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Use of Information

We use the information we collect to provide the Services and personalize your experience with us, including to customize your workouts. We also use the information we collect to:

• Provide, maintain, repair, improve, and develop products and services; 
• Respond to your inquiries, fulfill your requests, process your transactions, and provide customer service;
• Send administrative information and technical notices to you, such as changes to our terms, conditions, and policies, security alerts, and other transactional or relationship messages;  
• Communicate with you about products, services, and events offered by Kabata and others and provide news and information that we think will interest you (see the Communications Preferences section below for information about how to opt out of these communications at any time);
• Monitor and analyze trends, usage, and activities in connection with our Services; 
• Provide and administer sweepstakes, contests, and similar promotions; 
• Facilitate certain internal business purposes, such as data analysis, audits, fraud detection and prevention, and to detect, investigate, and prevent security incidents and other malicious, deceptive, or illegal activity; 
• Comply with our legal and financial obligations; 
• Create de-identified, anonymized or aggregated information; and
• Carry out any other purpose described to you at the time the information was collected.

Targeted Advertising and Analytics

We engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address, web browser and mobile network information, pages viewed, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies’ sites or mobile apps, analyze and track data (including to understand how our ads perform), determine the popularity of certain content, and better understand your activity.  You can turn off cookies used for ad targeting purposes by clicking the “Your Privacy Choices” link found in the footer of our website and following the instructions in the pop-up window. 

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In addition, some of our advertising partners enable us to translate your email address or phone number into an identifier that can’t be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps. 

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Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain state privacy laws. See Additional Disclosures for Individuals Residing in Certain U.S. States for more information and the privacy rights available to residents of California, Colorado, Connecticut, Virginia, and Utah, with respect to these practices. 

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You can also learn more about interest-based ads and opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance by visiting www.aboutads.info/choices.

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Disclosure of Information

In certain circumstances, we disclose (or permit others to directly collect) information about you. We disclose the categories of personal information described in the Collection of Information section above in the following ways:

• We disclose personal information to vendors, service providers and contractors that need access to this information to provide services to us, such as website hosting and cloud storage, data analytics, payment processing, order fulfillment, customer service, and marketing and advertising.
• If you participate in the interactive areas of our Services, certain personal information about you may be disclosed to other Kabata users.
• If you decide to connect your Kabata account to third-party devices or services that integrate with our Services, we disclose certain information to the third parties that provide those devices or services, such as information about your workouts.
• If you participate in a Kabata sweepstakes, contest or other promotion that is sponsored by a third party, we disclose information such as your email address to the sponsor.
• We disclose your personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests from public and government authorities to meet national security or law enforcement requirements. 
• We disclose personal information if we believe that your actions are inconsistent with our terms and conditions or policies, if we believe that you have violated the law, or if we believe it is necessary to protect our rights, privacy, safety or property, and/or that of Kabata, our affiliates, you, or users, the public, or others. 
• We disclose personal information in connection with, or during negotiations concerning, any reorganization, merger, sale of company assets, joint venture, assignment, transfer, financing, or acquisition or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• We disclose information to our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
• Personal information is disclosed between and among Kabata and our corporate affiliates.
• We disclose personal information with your consent or at your direction.

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We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Kabata processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law. 

Data Transfers 

Kabata is headquartered in the United States, and we have operations and vendors in the United States, Canada and other countries. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. 

Your Privacy Choices

Account Information

You can access and delete certain information stored on your account profile at any time by logging into your account on the mobile app. Should you need to correct information, please contact support@kabatafitness.com.

Cookies and Similar Tracking Technologies 

Kabata uses cookies and similar tracking technologies to analyze use of our Services and interactions with our marketing communications. As described in the Targeted Advertising and Analytics section above, we also use these technologies to serve you targeted ads on third-party properties.  You can turn off ad targeting cookies by clicking on the “Your Privacy Choices” link found in the footer of our website and following the instructions in the pop-up window.  In addition, most web browsers are set to accept cookies by default, but you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services. 

Communications Preferences: Text & Email

You may opt out of receiving text messages or promotional emails from Kabata at any time.  To opt out of promotional emails, please click on the unsubscribe link provided at the bottom of these emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations. 

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To opt out of text messages, please text the keyword “STOP” to our number. You will receive one additional text message from us to confirm that your request has been processed. For more information, please review the Text Messaging Program Terms. 

Mobile Push Notifications

With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Additional Disclosures For Individuals Residing In Certain U.S. States 

California, Colorado, Connecticut, Utah, and Virginia have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures (“State Laws”).  If you are a resident of one of these states, this section applies to you. 

Additional Disclosures

The prior sections of this Privacy Policy explain how we collect (Collection of Information), use (Use of Information), and disclose (Disclosure of Information) information about you, as well as our targeted advertising and analytics practices (Targeted Advertising and Analytics).  As required by certain State Laws, below we use two different tables to explain this same information, including the categories of personal information we collect (and have collected over the preceding 12 months), the types of entities to which we disclose such information, and the ways we use each category of information.   

Collection, Use, and Disclosure of Personal Information  

Personal Information that we “Share,” “Sell,” or Use for “Targeted Advertising”

We disclose the following categories of personal information to show you ads promoting Kabata on other websites and services. These activities may be considered “sales,” “sharing” or “targeted advertising” under certain State Laws and you have the right to opt out of having your personal information used or disclosed for these purposes. See below for details about opting out.

Other Details about our Information Practices

• As described in the Collection of Information section above, we collect personal information directly from you (for example, when you place an order from our Site), automatically when you access or use our Equipment, and from third-party sources, such as third-party devices that you choose to connect to your Kabata account. We also derive information or draw inferences about you based on the information we collect.
• We do not knowingly sell or share personal information about consumers under the age of 16.  
• We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you. 
• We store personal information associated with your account for as long as your account remains active.  If you close your account we will delete your account data; otherwise we will delete your account data after a period of inactivity.  We store other personal information for as long as necessary to carry out the purposes for which we originally collected it and for other business purposes described in this Privacy Policy. 

Your Privacy Rights

Opt Out of Sales, Sharing, and Targeted Advertising

As described above, you have the right to opt out of having your personal information sold, shared or used for targeted advertising. You may opt out by clicking on the “Your Privacy Choices” link in the footer of our website and following the instructions in the pop-up window. If you are a resident of California, you can also opt out by visiting our website with a legally-recognized opt-out preference signal enabled, such as the Global Privacy Control. Please note that our processing of the signal may be limited to the specific browser or device that you are using. You may need to renew your opt-out choice if you use a different browser or device to access our website, or if you clear your cookies.

Access, Correction, and Deletion

You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access, correction, or deletion of your personal information, please email us at support@kabatafitness.com. Once we receive the request, we will verify your request by asking you to provide information related to your recent interactions with us.

Nondiscrimination

We will not discriminate against you for exercising your privacy rights. 

Authorized Agents

If you reside in California, Colorado or Connecticut, you can designate an authorized agent to submit a privacy rights request on your behalf. We may ask authorized agents to submit proof of their authority to make the request, such as a valid power of attorney or proof that they have signed permission from the individual who is the subject of the request. In some cases, we may be required to contact the individual who is the subject of the request to verify his or her own identity or confirm the agent has permission to submit the request. If you are an authorized agent seeking to make a request, please contact us at support@kabatafitness.com.

Appeals

If we deny your request, you may appeal our decision by contacting us at support@kabatafitness.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

Contact Us

Please contact us at support@kabatafitness.com if you have any questions regarding this Privacy Policy.