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Privacy Policy

Protecting your personal information is important to us. This Privacy Policy describes how CuedUp, a series of a Delaware limited liability company (hereafter referred to as “CuedUp”, “us” or “we”) collects, uses, or discloses personal information we receive through our website (cuedup.com), streaming service (CuedUp Fitness), mobile apps or other related online or offline services we may offer (collectively, the “Services”). This policy also describes your choices about the collection and use of your information.

Please read the Privacy Policy carefully before you start to use our Services. By using the Services, you agree to be bound and abide by our posted Terms of Use (the “Terms”), this Privacy Policy and our Cookie Policy. If you do not agree to both the Terms of Use and our Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. We may revise or update this Privacy Policy at any time. We will post the updated version on our Services, and may notify you of any significant changes to our Privacy Policy. We will indicate on our Privacy Policy when it was most recently updated. Your continued use of our Services after such updates will constitute an acknowledgment of the change and agreement to abide and be bound by the updated Privacy Policy.

WE USE VIMEO OTT TO POWER OUR STREAMING SERVICES AND CUSTOMER SUPPORT.  BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE VIMEO OTT VIEWER TERMS OF SERVICE AGREEMENT (HTTPS://WWW.VHX.TV/TOS) AND PRIVACY POLICY (HTTPS://WWW.VHX.TV/PRIVACY).

PLEASE SEE SECTIONS 7-11 IN OUR TERMS REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING MANDATORY ARBITRATION AND A CLASS WAIVER.

  1. HOW WE COLLECT PERSONAL INFORMATION

We may collect information about you by various means, including:

  • Directly from you, both online (e.g., website) and offline (e.g., phone);
  • Through your use of our Services; and
  • From other third party sources and social media platforms that you may use to engage with us, as well as from our affiliates or third parties for the purposes provided below, and/or to supplement information we already possess.
  1. TYPES OF PERSONAL INFORMATION WE COLLECT

When you use the Service, we collect the following types of personal information:

  1. Account Registration Information

In order to sign up for a free trial, subscribe to certain services or make a purchase, you must create an account by providing us with your email address and a password. You may also create a username and upload an avatar to use for comments or forums.

  1. Payment Information

You must also provide valid payment card information if you wish to sign up for a free trial, subscription, or make any other purchase. Except for the name associated with your card and information about the transaction (e.g., time of transaction, amount, promotion code), payment card information is collected directly by a third-party payment vendor and is not received or stored by us.

  1. Information Collected Automatically

When you used the Services, we automatically collect certain information about your device and your interaction with the Services. This may include your viewing activity, your IP address, location information, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system, date/time stamps, and related metadata.

For more information about the collection of Online User Information, please see our Cookie Policy.

  1. Comments

We may offer the ability to provide comments or to post messages in a forum. Any posts you make will be publicly available.

  1. Other Information

You may also choose to provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us.

  1. HOW WE USE YOUR INFORMATION

We may use the information collected about you for purposes allowed by applicable laws, including:

  • Provide our Services to you, including to maintain your account, manage any purchases or transactions, deliver content to you, administer any loyalty program or promotions we might offer, and provide important notices;
  • Communicate with you, respond to your requests, questions and comments and provide customer support;
  • Send you marketing communications, which may be tailored depending on your preferences and interests;
  • Operate, evaluate and improve our programs, our websites and other products and services we offer (including to develop new services), analyze how the Services are performing, and diagnose or fix technology problems;
  • Collect debts, prevent fraud, and protect the integrity of the Services;
  • Inform you about changes to this Privacy Policy and our Terms of Use and other policies; and
  • Comply with and enforce needed applicable legal requirements, our policies, and our contractual rights.

We may also use or share information in an anonymized or aggregate manner for many purposes such as research, analysis, modeling, marketing, and improvement of our Services.

  1. How We Share Your Information

We may disclose your information to the following types of third parties. Where appropriate, we will limit sharing of your information in accordance with the choices you have provided us and applicable laws.

  1. Authorized Service Providers

We share your information with authorized service providers involved in operating the Services to perform a technology, business, or other professional function for us (examples include IT services, maintenance and hosting of our Services, payment processors, shipping and returns partners, marketing partners, and other service providers).

We use Vimeo OTT to power the Service and provide customer support. You can read more about how Vimeo uses your personal information here at vimeo.com/privacy.

  1. Legal Situations

We also may disclose information about you (i) if we are required to do so by law or legal process, (ii) when we believe disclosure is necessary to prevent harm or financial loss, (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity; or (iv) under exigent circumstances to protect the personal safety of our staff, users or the public.

  1. To the Public

If you voluntarily share or submit any User Content such as commentary or profile information for public posting through our Services, or link it to any social media platforms, that post and any content or information associated with it may become available to the public. See our Terms for more information about how we may use such User Content.

  1. Merger or Acquisition

We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy.

  1. TARGETED ADVERTISING

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.

You can limit the use of your information for purposes of targeted advertising by configuring your browser settings and/or mobile device settings to restrict third-party cookies and/or the use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You can also change your preferences as maintained by a number of advertising networks:

The options described above must typically be set on each of your devices in order to apply. Not all companies that serve interest-based ads participate in the ad industry opt-out programs described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies.

You may see us advertising on various websites, web pages, social media and other platforms. Please note that online advertising services do not always provide us with complete information about the platforms or website on which our advertising may appear. If you believe that our advertising is being displayed through websites or channels that promote inappropriate or offensive content, please contact us.

  1. EMAIL COMMUNICATIONS

When you create an account, you may receive certain emails:

  • Administrative, Account and Transaction Emails: When you first create an account, we may send you a welcome email that provides information about your subscription and your account. If you make a purchase, we may send you an email confirming your purchase. We may also send you other emails concerning your account status and renewals, or administrative notices regarding our policies or services. You may not opt out of transactional emails.
  • Marketing Emails: Depending on your preferences, we may send you emails letting you know about new programs, features or promotions. You may opt out of these emails at any time in your account settings or by clicking on the unsubscribe link in the email footer.
  1. YOUR PRIVACY RIGHTS

You may change your account information or close your account at any time by logging into your account and adjusting your account settings. If you close your account or request that we delete your account, you may lose access to content you have purchased. When you close your account, we may preserve your account information to (i) let you know about new offers and content; (ii) restore your account, if you ever wish to re-subscribe; and (iii) where we believe in good faith that preservation is necessary to enforce our rights or legal retention obligations.

  1. JURISDICTION-SPECIFIC NOTICES

Certain jurisdictions may provide additional rights to individuals with respect to the collection and use of personal information that we have collected. You may have the right to request that we: (i) disclose to you any personal information that we have about you; (ii) correct or delete personal information that we have about you (subject to certain exceptions); or (iii) not disclose or sell your information to a third party (excluding qualified service providers). For Nevada residents, please note that we do not sell personal information as defined by Nevada law (Ch. 603A, Sec. 1.6). Please direct any such requests to us via the contact information below. For your security, we will require you to prove your identity before fulfilling such requests, such as verifying the request by phone or email. The information we collect from you in connection with this verification of your identity will be used solely for purposes of verification. You may designate an authorized agent to submit such requests on your behalf, but you must provide the agent with written authorization and must still verify your identity with us. You have a right to not be discriminated against for exercising certain rights, and we never discriminate in any way against consumers who choose to exercise any of these rights. We will aim complete any request consistent with any legal requirement, and otherwise as determined by us in our sole discretion.

  1. INTERNATIONAL DATA TRANSFERS AND USE

Our Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than those of the United States. Any information that you provide through use of the Services may be stored and processed, transferred between, and accessed from, the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. However, we will handle your personal information in accordance with this Privacy Policy regardless of where your personal information is stored or accessed. To the extent we or our business partners operate in any jurisdiction outside the United States, personal information will be handled in accordance with such jurisdiction’s privacy laws, as applicable.

Notwithstanding the foregoing, there may be limited circumstances under which we process the Personal Information of residents from the European Union, European Economic Area residents, United Kingdom, Switzerland or other foreign countries (collectively, “Data Subjects”) in a manner that is deemed “Personal Data” subject to foreign data protection and privacy laws including but not limited to the General Data Protection Regulation 2016/679 (GDPR).  In such circumstances, you (the Data Subject) may have the right to request (a) access to your Personal Data we hold about you; (b) request we correct an inaccurate Personal Data we hold about you; (c) request we delete any Personal Data we hold about you; (d) restrict the processing of Personal Data we hold about you; (e) object to the processing of Personal Data we hold about you; and/or (f) receive any Personal Data we hold about you in a structured and commonly used machine-readable format or have such Personal Data transmitted to another company. If you would like to exercise any such rights, please direct your request to us via the contact information below.

  1. CHILDREN’S PRIVACY

The Service is not intended for individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information through the Service without your consent, please contact us so that we can remove any unauthorized information.

  1. CONTACT US

If you have any questions, concerns or comments about this Privacy Policy, our privacy practices, or if you would like us to update information or preferences you provided to us, please contact us by using our form.

This Policy was last updated June 20, 2022.

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