PRIVACY POLICY

Last Modified: November 1, 2016

Skimble, Inc. ("Skimble", "We", "Our", or "Us") respects Your privacy and is committed to protecting it through Our compliance with this privacy policy (the "Policy"). Our software, the skimble.com website (including all subpages and successor pages, collectively referred to as the "Website"), mobile applications, and services, along with all of the features and functions therein are collectively referred to as Our "Services." This Policy applies to Your use of the Services. As used herein the term "use" means use, access, install, sign into, connect with, download, visit or browse the Services. All customers, Users, accountholders, and others who download, access, use, or subscribe to the Services ("You" and "Your") agree to terms of Our Policy.

1. The Scope of This Policy

This Policy applies to Our Services worldwide and describes the types of information We may collect from You or that You may provide when You use the Services. The Policy also describes Our practices for collecting, using, maintaining, protecting, and disclosing that information, and also describes the choices available to You regarding Your use of and access to the Services, and how You may update certain types of information You provide.

The Policy does not apply to information collected by:

· Us offline or through any other means, including on any other website operated by Skimble or any third party; or

· any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Services, including via any kind of wireless device. If You use Our services on a Third Party Platform or link a Third Party Device, You will be subject to the privacy polices or any terms of use of that platform or device. Skimble is not responsible for the privacy policies, terms of use, or services provided by such platforms or devices, and We encourage You to review any applicable policies before using them.

Please read this Policy carefully to understand Our policies and practices regarding Your information and how We will treat it. If You do not agree with Our policies and practices, Your choice is not to use Our Services. By accessing or using Our Services, You agree to this Policy. This Policy may change from time to time. Your continued use of Our Services after We make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

2. Children Under the Age of 13

Our Services are not intended for children under 13 years of age. No one under age 13 may provide any information, personal or otherwise, through the Services. We do not knowingly collect personal information from children under 13. If You are under 13, do not use or provide any information through the Services, or register for Our Services, make any purchases through the Services, use any of the interactive or public comment features through the Services, or provide any information about Yourself to Us, including Your name, address, telephone number, email address, or any screen name or user name You may use. If We learn We have collected or received personal information from a child under 13 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 13, please contact Us at support@skimble.com.

If You are a minor between the ages of 13 and 18 (or the applicable legal age in Your jurisdiction), You may provide this information only in conjunction with, and under the supervision of, Your parent or guardian who has agreed to Our Terms of Use. If You are a parent or legal guardian agreeing to the Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in Your jurisdiction), You are fully responsible for his or her use of Our Services and the information he or she may provide.

3. Information We Collect About You and How We Collect It

We collect several types of information from and about Our Users depending on how they use Our Services. This information includes the following:

Information You Provide to Us Directly

· Account Information. We may collect personally identifiable information as part of Your creation of a Skimble account, such as Your full name, postal address, date of birth, e-mail address, age, and telephone number ("Account Information"). We may also collect information when You create a Skimble account using a different credential such as a Facebook or Google+ account. We will ask permission to access basic information from that account, such as Your name, profile picture, and friend list. You can stop sharing that information with Us at any time by removing Skimble’s access to that account. We will access Your phone’s contact list for the purpose of letting You identify contacts who are Skimble users. We do not store Your phone’s contact list, and it is deleted immediately after it is used for this purpose.

· Profile Information. You may create a profile that will include, in addition to Account information, height, weight, gender, personal fitness assessments, fitness goals, and fitness information collected about activities performed while using the Services, including by not limited to, time and location of completion, duration, difficulty, heart rate, calories burned, etc. ("Profile Information"). As part of the Services, You can choose to make the information visible to other Users or keep this information private.

User Contributions

You also may provide information to be published or displayed (hereinafter, "posted")on public areas of the Services, or transmitted to other Users or third parties (collectively, "User Contributions"). We may collect and store Your User Contributions, and they may be used or disclosed pursuant to the other provisions of this Policy.Your User Contributions are posted on and transmitted to others at Your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, We cannot control the actions of other users of the Services with whom You may choose to share Your User Contributions. Therefore, We cannot and do not guarantee that Your User Contributions will not be viewed by unauthorized persons.

Payment Information

As explained further in Our Terms of Use, Skimble processes payment You make to Us through third party payment processing services, including but not limited to Stripe, Google Wallet, Apple Pay, Amazon Payments, and Samsung Pay. In connection with the processing of such payments, We may collect certain information regarding Your purchase in order to process Your order, like Your name, credit card information, billing address, and zip code. Skimble, however, does not directly access, collect, or retain any financial information that You provide in connection with the transaction. Rather, all such information is provided directly to the third party payment processors, whose use of Your personal information is governed by their privacy policies.

Social Features

Our Services may also include social media features, such as the Facebook "Like" button, and widgets, such as the "Share This" button, that run through Our Services. These features may collect information such as Your IP address, which page You are visiting through Our Services, and may set a cookie to enable the feature to function properly. The features and widgets are either hosted by another company or hosted directly through Our Services. Your interactions with these features are governed by the privacy policy of the company that is providing these services.

Information Collected by Third-Party Devices

Certain features of the Services allow You to connect the Services with third-party devices, like the Apple Watch devices, HealthKit, Apple’s iOS Health application, Android Wear devices, Google Fit, Samsung Gear devices, Samsung S Health or other information aggregators ("Third-Party Devices") that may actively track and record certain information about You. This includes information about You and Your physical activity, like step count, calories burned, speed, heart rate, blood pressure, respiration rate, and caloric consumption, among other things. As part of the Services, You can choose to make the information visible to other Users and share this information with a Trainer. Your interactions with these Third-Party Devices are governed by the privacy policy of the company that provides the services of the Third-Party Device.

A special note about Our mobile application integration on Samsung Android Devices: If a Skimble user has enabled Samsung S Health on their Android device and complete a workout in one of Our mobile applications on that device, Skimble may collect related personal information for the purpose of sharing data between accounts. Such information can include: workout title, workout duration, workout difficulty, estimated and/or actual calories burned, and the time the workout was completed. The health data is stored on Samsung Health Platform server and may be shared with third parties in Samsung’s health ecosystem. Users can opt-out of the S Health data synchronization at any time through the setting options in Skimble’s Android-based mobile applications.

Information We Collect Through Automatic Data Collection Technologies

As You navigate through and interact with Our Services, We may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns, including: (a) details and usage statistics regarding Your visits to Our Website, Our mobile application, and usage of the Services, including traffic data, location data, logs, and other communication data; and (b) technical information about Your computer, Wireless Device, and Internet connection, including Your IP address, operating system, device ID, domain, and browser type ("Technical Data").

The Technical Data We collect automatically is statistical data and does not include personal information, but We may maintain it or associate it with personal information We collect in other ways or receive from third parties. It helps Us to improve Our Website and to deliver a better and more personalized service, including by enabling Us to (a) estimate Our audience size and usage patterns, (b) store information about Your preferences, allowing Us to customize Our Site according to Your individual interests, (c) speed up Your searches; (d) recognize You when You return to Our Site.

The technologies We use for this Technical Data collection may include:

· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of Your computer. Cookies generally are used to deliver or optimize Our Services, to communicate with Users or manage their accounts, to develop content, or for the purposes of research and analysis. You may refuse to accept browser cookies by activating the appropriate setting on Your browser. However, if You select this setting You may be unable to access certain parts of Our Services.

· Google Analytics. We may use a tool called "Google Analytics" to collect information about use of Our Services. Google Analytics collects information such as how often Users visit Our Services, what pages they visit when they do so, and what other websites they use prior to coming to Our Services. We use the information We get from Google Analytics only to improve Our Services. You can prevent Google Analytics from recognizing You on return visits to Our Services by disabling cookies on Your browser.

· Google Adsense. We may use Google AdSense, a service for including advertisements from Google. Google AdSense uses cookies (as described above) to make it possible to analyze how users use Our Services. Google AdSense uses so-called Web beacons to evaluate information on Our Site pages, like visitor traffic.

· Flash Cookies. Certain features of Our Site may use local stored objects (or flash cookies) to collect and store information about Your preferences and navigation to, from, and on Our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.

· Web Beacons. Our Services and Our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

We do not collect personal information automatically, but We may tie this information to personal information about You that We collect from other sources or from information You provide to Us.

Information We Receive From Your Wireless Device

When You use Our Services on or through a wireless device, We may collect certain unique information about Your mobile or wireless device ("Wireless Device"). This may include Your device type, the device’s operating system, geolocation information, and other information You provide ("Wireless Device Information") Any Wireless Device Information We collect will be in accordance with the terms of any applicable agreement with the Wireless Device carrier. We may send notices to Your Wireless Device in connection with Our services, called "Push Notifications". If You do not wish to receive Push Notifications, You may turn them off at Your Wireless Device level.

We may also use mobile analytics software to record information such as how often You use Our mobile application, Your usage of the Services within Our mobile application, aggregated mobile application and Services usage, and where the mobile application was downloaded from, among other information. We do not link the information We store within the mobile analytics software to any personally identifiable information You submit to Us from Your Wireless Device.

4. How We Use Your Information

General Uses

Generally, We use information that You may provide to Us or that We collect about You to present Our Services to You; to provide You with notices about Your account/subscription, including expiration and renewal notices, and to help manage Your Account; to provide You with customized content, including targeted advertising; to carry out Our obligations and enforce Our rights arising from any contracts entered into between You and Us, including for billing and collection; to allow You to participate in interactive features on Our Site; to track User traffic and usage information, and to create, analyze, and share aggregate information; to learn about where You use Our Services; to notify You about changes to Our Services, or to market Services; to identify, research, and protect against any actual, potential or threatened misuse, unauthorized use, or unwanted use of any of the Services, including but not limited to researching any claims made by or about other Users and/or about the Services, and such efforts of which may include information provided from third-party sources; to provide third party hosting of Our Services; in any other way We may describe when You provide the information; for any other purpose with Your consent; and for any reason that Skimble, in its sole discretion, determines to be necessary or required to ensure the safety and integrity of Our Users and the Services.

Third-Party Device Information

We use this information to administer and improve Our Services to You. We may use this information in a de-identified, aggregated, and anonymous way to monitor and analyze use of the Services, and to increase the Services’ functionality and user-friendliness. We do not use or disclose this information to third parties for the purpose of advertising or marketing in any way. We also do not share any User data collected via a Third-Party Device without User consent.

Use by Trainers

By using the Services, You further agree that Trainers may be provided access to Account Information, Third-Party Device information, and/or Profile Information as part of the Services. Trainers may use this information in ways that are different from the uses described herein, and it is Your responsibility when You sign up for Training Services to confirm directly with the Trainer how the Trainer will use Your information. Skimble does not control how Trainers use this information and, therefore, is not responsible or liable for a Trainer’s use of this information.

If You do not want Us to use Your information in the ways described herein, please adjust Your user preferences in Your account profile or email Us at support@skimble.com.

5. Disclosure of Your Information

We may disclose aggregated information about Our users and Services as described herein, and information that does not identify any individual, without restriction.

We will only disclose information that We collect or that You provide as follows:

· To Our subsidiaries and affiliates.

· To contractors, service providers, and other third parties We use to support Our business or who provide services on Our behalf, including but not limited to payment processing, data analysis, marketing and promotional services, and customer service. These companies, while providing these services on Our behalf, companies may access Your Account Information. They are, however, required to use such information as directed by Skimble for the express purposes for which We have engaged them.

· To government or law enforcement officials or private parties in response to lawful requests, if Skimble is under a duty to disclose or share the information in order to comply with any applicable legal obligation, to apply and enforce Our Terms of Use, to respond to claims and legal process, to protect the property and rights of Skimble, Our Users, or a third party, or to prevent or stop any fraudulent, illegal, unethical or legally actionable activity.

· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Skimble Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Skimble Inc. about Our Users is among the assets transferred.

· When You use the Services, We may use and share with third party advertisers (and other third parties) certain Technical Data and/or other aggregated information to show general demographic and preference information among Our Users. We may also allow advertisers to collect Technical Information or aggregated information, which they may share with Us, through the use of tracking technologies like cookies and web beacons. The information collected may be used to offer You targeted ad-selection and delivery in order to personalize Your User experience by increasing the likelihood that advertisements for products and services You see will appeal to You (this practice is commonly known as behavioral advertising), and to undertake web analytics (i.e. to analyze traffic and other end User activity to improve Your experience). We do not control third parties’ collection or use of Your information to serve interest­based advertising. However these third parties may provide You with ways to choose not to have Your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI")on the NAI’s Site.

· To fulfill the purpose for which You provide it, for any other purpose disclosed by Us when You provide the information, or as otherwise described in this Policy.

· If You use a Skimble mobile application on a Samsung Android Device and have chosen to enable Samsung’s S Health platform, then You consent to sharing personal health data to the S Health platform. This data is used to provide synchronization between services and may be included in broad health data analysis. Similarly, You can choose to connect and share Your Skimble and Skimble mobile application service data with HealthKit including Apple’s iOS Health application. In doing so, You consent to sharing Your personal health data with Apple and the information You provide to HealthKit is then governed by Apple’s Terms and Conditions and Privacy Policy. We do not share Your health-related service data without Your consent.

6. Accessing, Updating, and Correcting Your Information

If You would like to review or change Your Account Information or Profile Information, You may do so by logging into Our Services and visiting Your account profile page.

You may also send Us an email at support@skimble.com to request access to, correct, or delete any Account Information or Profile Information that You have provided to Us. We cannot delete Your personal information except by also deleting Your User Account. We may not accommodate a request to change information if We believe the change would violate any law or legal requirement or cause the information to be incorrect.

If You decide to delete Your Skimble Account, please be aware that some or all of Profile Information or User Contributions may still remain visible to others, including but not limited to comments, postings, or other voluntary submissions and information posted through the Services. A request to delete Your Account will not result in the removal of information collected and already put in aggregate form or information that cannot, in Our sole discretion, be removed without causing undue burden to Skimble. We are neither able nor obligated to remove any of Your information from any Third Party Platform.

Additionally, the fact that Your Account has been deleted does not mean that Your Information has been deleted in its entirety from Our servers, and it also does not mean that the information has been deleted from the servers of any Third Party Platform You use to access the Services. We may retain backup copies of Your information, including personal information on Our servers or databases (and/or any authorized third party servers or databases We use) to assist with any legal obligations, resolve disputes, and enforce Our agreements.

7. Use of Services from Outside the United States

These Services are hosted in the United States. If You choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that You may be transferring Your information outside of those regions to the United States for storage and processing. By providing information through the Services, You consent to such transfer, storage, and processing.

8. California Do Not Track Disclosure

We currently do not respond to "Do Not Track" signals in browsers. While We collect personally identifiable information from You as described earlier in this Policy, We do not collect personally identifiable information from You to monitor Your online activities across third party websites or online services.

9. Your California Privacy Rights

If You are a California resident, the California Civil Code (Cal. Civ. Code § 1798.83) gives You the right to request information on how to exercise Your disclosure choice options from companies conducting business in California. To request such information, either send an email to support@skimble.com or contact Us via postal mail, postage pre-paid, at: Skimble, Inc., Attn: Your California Privacy Rights, One Ferry Building, Suite 255, San Francisco, CA 94111.

All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include Your name, street address (if You would like a response via postal mail), city, state, and zip code. We will not accept requests via telephone or fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

10. Data Security

The security of Our User information is important to Us. When You enter information through Our Services, like usernames, passwords, and credit card information, We encrypt the transmission of that information using industry-standard secure socket layer encryption technology (SSL). We follow generally accepted standards to protect the personal information submitted to Us, both during transmission and once We receive it. Although You can submit credit card or other payment card information to pay for the Services through Our payment platform, We do not receive this information itself. Payment card information is transmitted directly to third-party payment processors through an Internet connection secured by SSL technology. The third party payment processor then communicates to Us whether Your payment has cleared, but does not provide payment card information to Skimble.

You also play a key role in keeping Your information safe and secure. Where You have chosen a password for access to certain parts of Our Services, You are responsible for keeping this password confidential. We ask You not to share Your password with anyone. We urge You to be careful about giving out information in public areas of Our Services like message boards. The information You share in public areas may be viewed by any User of the Services.

Unfortunately, the transmission of information via the Internet is not completely secure. Although We do Our best to protect the information You share with Us, We cannot guarantee the security of the information You transmit through the Services. Any transmission of information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures We employ through the Services.

11. Changes to Our Privacy Policy

It is Our policy to post any changes We make to Our Policy on this page with a notice that the privacy policy has been updated on Our Website home page. If We make material changes to how We treat Our Users’ information, We will notify You by email to the email address specified in Your account or through a notice on the Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring We have an up-to-date active and deliverable email address for You, and for periodically visiting Our Site and this Privacy Policy to check for any changes.

12. Contact Information

To ask questions or comment about this Privacy Policy and Our privacy practices, please contact Us at:

support@skimble.com

Skimble, Inc.
One Ferry Building, Suite 255
San Francisco, CA 94111