Last updated: July 8th, 2021
Words of which the initial letter is capitalized are defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by POWER TEN DEVELOPMENT, LLC downloaded by you, the consumer, on any electronic device, named Erg Math
Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to POWER TEN DEVELOPMENT, LLC as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California running the application Erg Math .
Company (referred to as either “POWER TEN DEVELOPMENT, LLC”, “We”, “Us” or “Our” in this Agreement) refers to Power Ten Development, LLC, 7107 S. Yale Ave #455, Tulsa, OK, 74136. For the purpose of the GDPR, POWER TEN DEVELOPMENT, LLC is the Data Controller running the application Erg Math
Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Country refers to: United States of America
Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to POWER TEN DEVELOPMENT, LLC as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Personal Data is any information that relates to an identified or identifiable individual. An identifiable individual is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the natural person.
For the purposes of GDPR, personal data means any information relating to the consumer such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, personal data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.
Service refers to the application.
Service Provider means any natural or legal person who processes the data on behalf of POWER TEN DEVELOPMENT, LLC. It refers to third-party companies or individuals employed by POWER TEN DEVELOPMENT, LLC to facilitate the Service, to provide the Service on behalf of POWER TEN DEVELOPMENT, LLC, to perform services related to the Service or to assist POWER TEN DEVELOPMENT, LLC in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated by the use of the service or from the service infrastructure itself (for example, the duration of a page visit).
You means the individual consumer accessing or using the application, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the user as you are the individual using the Service.
Collecting and using your personal data
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. This information is used for the following purposes.
We do not sell or share this information to other entities and treat your private information with care.
If you sign up for the mailchimp newsletter you will receive the newsletter when it is sent out periodically. You can unsubscribe from the e-newsletter at any time using the link at the bottom of each e-newsletter that you receive.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you. We may collect personal information through some of the following means:
when you use the App for analytics purposes;
when you contact us, including via telephone or email
as otherwise required to manage our business.
Data Collected From The PM5 Monitor by Erg Math includes watts of rowing stroke.
In regards to Erg Math ALL INFORMATION and data is stored on the personal device and we are not storing any information on any of our servers and no information is transmitted. The only exception to that may be as follows:
POWER TEN DEVELOPMENT, LLC collects non-personal data from you to make your use of the Apps more efficient and useful. Erg Math also uses tools and third-party analytical software to automatically collect and use certain non-personal data that does not directly enable the application to identify you. The types of non-personal data Erg Math may collect and use include, but are not limited to: (i) device properties, including, but not limited to a unique device identifier or another device identifier; (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data location; (v) achievements; (vi) other non-personal data as reasonably required by POWER TEN DEVELOPMENT, LLC to enhance the App.
POWER TEN DEVELOPMENT, LLC shares non-personal data, including both data you provide and data which is automatically collected, with our partners and contractors for purposes of analyzing usage of the Apps, advertisement serving, managing and providing the Apps, and to further develop the Apps and other POWER TEN DEVELOPMENT, LLC services and products.
Withdrawal of consent. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at firstname.lastname@example.org
mailing us at 7107 S. Yale Ave #455 Tulsa, OK 74136-6308.
Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application. derivative data may also include data collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.
Usage Data is collected automatically when using the app.
Usage data may include information such as your device’s internet protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that your browser sends whenever you visit our service or when you access the service by or through a mobile device.
USE OF PERSONAL DATA
POWER TEN DEVELOPMENT, LLC may use personal data for the following purposes:
To provide and maintain our service, including to monitor the usage of our service.
To manage Your Account: to manage Your registration as a user of the service. The personal data You provide can give you access to different functionalities of the Service that are available to you as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the service.
To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage your requests to us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our service users is among the assets transferred.
For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Service, products, services, marketing, and your experience.
We may share your personal information in the following situations:
RETENTION OF YOUR PERSONAL DATA
POWER TEN DEVELOPMENT, LLC will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service, or we are legally obligated to retain this data for longer time periods.
TRANSFER OF YOUR PERSONAL DATA
your information, including personal data, is processed at POWER TEN DEVELOPMENT, LLC’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
CROSS BORDER TRANSFER
POWER TEN DEVELOPMENT, LLC is located in the United States and must adhere to the laws of the United States. You agree that personal information collected on our Site may be stored and processed in the United States or any other country in which Erg Math, its affiliates, partners, service providers, or agents maintain facilities and while in such jurisdictions may be subject to access pursuant to the laws of those jurisdictions.
The EU-U.S Privacy Shield Framework.
POWER TEN DEVELOPMENT, LLC is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Power Ten Development, LLC complies with the Privacy Shield Principles for all onward transfers of personal data from the EU but not including Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to each Privacy Shield Framework, Power Ten Development, LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Power Ten Development, LLC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the Privacy Shield Principles, POWER TEN DEVELOPMENT, LLC commits to resolve complaints about our collection or use of your personal information. European individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Power Ten Development, LLC at:
Attn: Privacy Manager
7107 S. Yale Ave #455
or email at email@example.com
POWER TEN DEVELOPMENT, LLC has further committed to refer unresolved Privacy Shield complaints to EU Data Protection Authority, an alternative dispute resolution provider located in the EU. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit the EU DPA website for more information or to file a complaint. The services of EU DPA are provided at no cost to you. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Users from Switzerland are not permitted to use any services that Erg Math provides.
General Data Protection Regulation (GDPR) – European Representative
Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Power Ten Development, LLC has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR: -by using EDPO’s online request form: https://edpo.com/gdpr-data-request/ -by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium
UK General Data Protection Regulation (GDPR) – UK Representative
Pursuant to Article 27 of the UK GDPR, Power Ten Development has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR: – by using EDPO’s online request form: https://edpo.com/uk-gdpr-data-request/ – by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom
DISCLOSURE OF YOUR PERSONAL DATA
Third Party Processing
We may disclose your information to third parties in order to assist us with various tasks like hosting services, payment processing, communications and customer service. We do not disclose any of your personal information if not required by law.
For most payment processes, we do not process your payment information but rather it is processed by third party processors for processing.
Under certain circumstances, POWER TEN DEVELOPMENT, LLC may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose your personal data in the good faith belief that such action is necessary to:
SECURITY OF YOUR PERSONAL DATA
The security of your personal data is important to POWER TEN DEVELOPMENT, LLC, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process, and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
Our website is hosted by A2HOSTING, in which their server is hosted in the United States. If you reside outside of the United States, some of your data is stored in that server. We use all reasonable methods to protect your data during transfer, including hosting our website on reputable servers. Using this website and/or Erg Math and providing us your information means you consent to this transfer, processing, and storage of your information in the United States.
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER GDPR
We may process personal data under the following conditions:
In any case, POWER TEN DEVELOPMENT, LLC will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
YOUR RIGHTS UNDER THE GDPR
POWER TEN DEVELOPMENT, LLC undertakes to respect the confidentiality of your personal data and to guarantee you can exercise your rights.
EXERCISING OF YOUR GDPR DATA PROTECTION RIGHTS
You may exercise your rights of access, rectification, cancellation, and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, We will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about POWER TEN DEVELOPMENT, LLC’s collection and use of your personal data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
CATEGORIES OF PERSONAL INFORMATION COLLECTED
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us but reflects our good-faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if such information was directly provided to us by you, the consumer.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Only the last two listed here apply to Erg Math.
Category F: Internet or other similar network activity.
Examples: Interaction with our app or website.
Category G: Geolocation data.
Examples: Approximate physical location.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, personal information does not include:
SOURCES OF PERSONAL INFORMATION
We obtain the categories of personal information listed above from the following categories of sources:
USE OF PERSONAL INFORMATION FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES
POWER TEN DEVELOPMENT, LLC may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.
DISCLOSURE OF PERSONAL INFORMATION FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
SALE OF PERSONAL INFORMATION
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration.
We collect and process personal data on a voluntary basis and we are not in the business of selling your personal data to third parties
SHARE OF PERSONAL INFORMATION
We may share Your personal information identified in the above categories with the following categories of third parties:
Our business partners
Third party vendors to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
SALE OF PERSONAL INFORMATION OF MINORS UNDER 16 YEARS OF AGE
We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us.
If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.
YOUR RIGHTS UNDER THE CCPA
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
EXERCISING YOUR CCPA DATA PROTECTION RIGHTS
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact Us:
Only You, or a person registered as a resident with the California Secretary of State that You authorize to act on your behalf, may make a verifiable request related to your personal information.
Your request to us must:
We cannot respond to Your request or provide you with the required information if we cannot:
We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
DO NOT SELL MY PERSONAL INFORMATION
You have the right to opt-out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us at firstname.lastname@example.org.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the service that sells personal information as defined by the CCPA law. If you wish to opt-out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt-out is specific to the browser you use. You may need to opt-out of every browser that You use.
You can opt out of receiving ads that are personalized as served by our service providers by following our instructions presented on the Service:
The opt out will place a cookie on your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please Contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their personal data with third parties for the third parties direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, you can contact us using the contact information provided below, and include the email address associated with your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
LINKS TO OTHER WEBSITES
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.