This policy exists to inform you how ErgVideo Inc. uses and processes your personal data when you use the website and the ErgVideo desktop application.
The license terms and conditions for using the application are agreed upon when you install the application. The License Agreement and Terms and Conditions can also be found here: License Agreement and Terms and Conditions.
The Terms and conditions for use of the website are agreed by the act of using the website. You can read them here. Terms and Conditions .
“Personal data” is information relating to an identified or identifiable natural person.
Over-arching theme:
At ErgVideo, we want to use and process a bare minimum of your personal data. We collect what we need to process payments, provide informed customer service, and to fulfill our contract with you with respect to the license agreement and terms of service, and to understand best how to serve our customers.
ErgVideo Inc. is responsible for your personal data (referred to as “ErgVideo”, “we”, “us” or “our” in this privacy notice).
Please use our contact page contact us with any requests or questions.
Customers in the European Union have the right to make a complaint at any time to their relevant data protection supervisory authority, but we’d like to try to address your concerns personally, and we expect that’d be quicker to resolve whatever issue you see arising. We hope you’d try that first.
Change history
This version was last updated on Sept 15, 2018. We may from time to time update this privacy notice to remain compliant with applicable data protections laws so please check back here for updates.
Website: Personal data processed
We request your name and email address. When buying a product, we need your credit card and the billing address information as required by credit card processors. It is stored in a PCI-compliant way so that recurring charges for subscription items can be made.
Purpose and legal basis:
- ErgVideo processes your email address as a basis with which to grant and sign you into an account. ErgVideo does this for its legitimate interest in providing website and account security, as well as in providing security for your fulfilling the legal contract with us in using the application.
- ErgVideo processes your credit card and its related billing information in fulfilling a legal contract with you to provide the purchased goods.
- ErgVideo also processes your email address to communicate with you. This includes for customer service correspondence, changes about ErgVideo policies or its operations, as well as marketing information. Communications that are not related to direct customer service (e.g. Marketing information, operations and policies) all carry an opt-out option. This is to fulfill our legitimate interests in providing customer support.
- ErgVideo processes your name and email address as unique identifiers with which to establish accounts with 3rd party providers of services required by the ErgVideo streaming service. We do this to fulfill our legal contract with you for the purchased subscription products.
Other personal data entered at the website:
The account contains standard forms and fields for personal info that you can choose to fill. It’s voluntary other than country, because we may need to (on a legal basis or practical basis due to content delivery reach or national firewalls) restrict distribution on a country by country basis. You may provide other information voluntarily (legal basis: consent), for example, if you would like us to telephone you for customer service reason. Our legal basis is stated above, as well as to support our legitimate interest in providing customer support.
Application: data processed
The ErgVideo application accesses the information at your website account. When you use the application, we collect the following data at the web server:
- General usage data: we collect information about the number of trainers and basic types in use. Legal basis: our legitimate interests in providing quality product relevant to our user market and their interests, as well as quality customer service.
- General usage data and activity logs: We log the transactions the application makes against our website API as a means with which to detect faults, analyze usage patterns, and to investigate customer issues should they arise. Legal basis: Our legitimate interest in providing quality product and quality customer services.
- Informed consent: When you agree to follow a training plan, your consent that you understand risks is collected and logged. Legal basis: our legitimate legal interests in having a record of this consent should any legal matter arise from using a training plan.
- Download status data: we collect information regarding downloads progress and status. Legal basis: our legitimate interests in providing reliable service, responsive customer service, problems resolution/investigation, and reliable fast product delivery.
- Download status data: we collect information regarding downloads progress and status. Legal basis: our legitimate interests in providing reliable service, responsive customer service, problems resolution/investigation, and reliable fast product delivery.
- Hardware signature: We collect some static, non-user-configurable, and non-networking-related identifying information of the hardware platform. This does NOT include IP address or MAC addresses, nor anything that could be used for network access into your device. The information is insufficient to globally uniquely identify the system, but it is enough to detect aspects that relate to the License Agreement and Terms of Service. Legal basis: Our legitimate interest in providing easily-used and easily-managed customer product, and to fulfill our contract with the customer relating to the License Agreement and Terms of use.
Sharing information with third Parties.
This website may include links to third-party websites, generally provided to you as useful resources. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We can’t control these third-party websites and they, not us, are responsible for their own privacy regime. When you leave our website, our privacy policy cannot be expected to be the same as theirs. Please read the privacy notice for those websites if you are concerned.
We provide you with the ability to upload and download data to and from third parties, for example, TrainingPeaks and Strava. You explicitly make that connection when desired as a feature by providing your consent. We do not store any account information or passwords to enable the access, as each connection is made via an OAuth protocol, which uses only encrypted tokens to managed access to the services. The tokens are dynamic in some cases and are only stored on your machine to maintain a smooth user experience. They are never stored at ErgVideo servers. Moreover, the data you may share with TrainingPeaks and Strava and other services is never uploaded to ErgVideo’s resources or servers. It travels directly from your system to the respective services. You should review the privacy policies of the services to which you subscribe and authorize via the ErgVideo application.
We share your email address with MailChimp (another mail provider may be chosen based on competitive environment). In all cases where we use these such services, you will be provided with an unsubscribe link, which is managed by MailChimp (or another). MailChimp (and other mail providers) collects analytics data when available on the success of the campaign with respect to link-clicks, subscribe and unsubscribe actions etc. Legal basis: our legitimate interest in providing quality product that continues to interest our customers.
We use your email address (and possibly other identifiers if required in future) to establish a uniquely identified service account with our streaming content delivery network. Legal basis: Our legitimate interest in fulfilling contract with customer on purchased services.
Our website is subscribed to Google analytics to aid in analyzing website traffic and patterns.
We may disclose personal data about you to others to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation.
We may disclose personal data about you to others to enforce any of our license terms and conditions or policies or as necessary to pursue available legal remedies or defend legal claims.
We may also transfer your personal data to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the ErgVideo Inc. business, assets, including, without limitation, in connection with any bankruptcy or similar proceeding. Any new owners would be expected to apply a compatible Privacy Policy until they received some consent from you regarding significant changes.
Cookies:
Cookies are used at the website to provide a smooth user experience, and generally store state that makes accessing successive pages at the site smoother. Cookies are stored on your own computer but are a means for the website to understand things like previous page states and entries. For example, to return to a page with the same tabbed-table selected as when you left the page. You can disable cookies in your browser settings. Cookies store things like IP address info, browser info, page states, and geographic info if available. We don’t use them ourselves for any purpose other than to provide the smooth web access experience. When you disable cookies in your browser of choice, your experience at the website may not be complete nor smooth, and some functions may be entirely inaccessible. You may not be able to purchase product at all.
Our analytics services attached to the website may also store and use cookies in their normal operation.
Updates to this policy:
We’ll keep an up-to-date version of our policy on the website. Since you may have unsubscribed from our mailing list, it’s an unreliable channel with which to send you updates, and we’d like to make a best-effort at never mailing you when you request to not be mailed.
Retention of your data and your right for removal
We will retain your data on the required servers and services while your account is active. Active means that you have not removed it either by request or by a website profile-editing action to delete the account. For your convenience, cancelling a subscription will not remove your account entirely, since it’s common to use our subscription services seasonally. We’ll keep your account active to make re-activating a subscription more convenient.
When you deactivate your account, the association between your identifying information and other information collected during your use of the application is irretrievably eliminated. Your identifying information is removed.
If you live in the European Union, you have the right under the GDPR to request corrections to, and erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. If you reside outside of the European Union, you may have similar rights under your local laws. But it’s easier to just ask us. We’ll remove the info all for free, no matter where you live.
Because the ErgVideo application requires an active account, when you deactivate an account by any means (whether requested or by your own direct action), you forfeit your license to use the ErgVideo application and you forfeit all the licenses to use the content, without refund . The application will not operate, and licenses are terminated.
We must retain all transactional data (your purchases and the customer information that may be required for reporting to Canada Revenue Agency) in some form that satisfies the relevant tax-reporting requirements and laws of Canada, which is at least 7 years.