TRANSFERS OF PERSONAL DATA
The Services are hosted and operated in the United States (“U.S.”) through Whoop and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you are located. By using the Services, you acknowledge that Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Whoop in the U.S. and will be hosted on U.S. servers, and you authorize Whoop to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
EU PERSONAL DATA
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as further described in the “Privacy Notice for EU Residents” section below.
SCOPE OF WHAT INFORMATION WE COLLECT AND HOW WE USE IT
We gather various types of Personal Data from our users, as explained in more detail below, and we use this information internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some information with third parties, but only as described below.
We do not knowingly collect or solicit Personal Data from anyone under the age of 13, or under the age of 16 in countries subject to the GDPR, unless exempted by individual country exceptions (for more information, please see “Privacy Notice for EU Residents” below). If you are under 13, or 16 where applicable, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 13, or 16 where applicable, we will delete that information as quickly as possible. If you believe that a child under 13, or 16 where applicable, may have provided us Personal Data, please contact us at email@example.com.
TYPES OF PERSONAL DATA COLLECTED BY WHOOP
Whoop collects Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
INFORMATION WE COLLECT DIRECTLY FROM YOU
While using our Services, we may ask you to provide us with certain Personal Data. The Personal Data that you provide directly to Whoop includes, but is not limited to:
First and last name
Date of birth
Height and weight
Athlete level (professional, collegiate, tactical, serious, recreational)
User content, for example, comments and posts you submit publicly (which can include Personal Data if you include Personal Data in such content)
Health data (such as heart rate, heart rate variability, ambient temperature, the type of activity you engage in and the duration of your physical activity)
We may use your Personal Data to communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send or contact us at firstname.lastname@example.org.
INFORMATION ON HEALTH DATA THAT YOU PROVIDE TO WHOOP
Your Whoop Strap is a wearable sensor and when you use a service in connection with a wearable sensor, certain types of Personal Data is monitored by those sensors. With your explicit consent, your Whoop Strap can collect and send Whoop information including your heart rate, heart rate variability, ambient temperature, as well as data such as the type of activity you engage in and the duration of your physical activity (collectively referred to as). We use health information to provide features of our Services, and to improve and customize our Services (including determining and reporting on trends, Day Strain and Recovery). When you Whoop Strap syncs with our Services, such Personal Data is recorded on your device is transferred from your device to our servers.
You can disable collection of health information by unparing your Whoop Strap and you can request removal of your health information by requesting Whoop to delete your account by emailing email@example.com. As part of our Services, you may be able to connect and share activity information with team members or friends. Users can search for other users with their e-mail address or username. Information shared is dependent on User preferences and their Privacy settings.
INFORMATION WE AUTOMATICALLY COLLECT WHEN YOU USE OUR SERVICES
Some Personal Data is automatically collected when you use our Services, such as the following: IP Address
Web browser information
Transaction information (e.g., transaction amount, date, time transaction occurred)
Information gathered through cookies and other tracking technologies (e.g., web beacons, pixel tags, SDKs, etc.)
Page view statistics
Page or feature you requested
Log data (e.g., access times, hardware and software information)
INFORMATION ABOUT GEOLOCATION DATA
If you give permission for Whoop to do so, Whoop may use and store information about your geographical location, like through GPS, (referred to as “Geolocation Data”) in order to provide features of the Services or to improve or customize the Services. You may allow or disallow Whoop to collect Geolocation Data by enabling or disabling location services when you use our Services at any time by way of your device settings.
INFORMATION ABOUT COOKIES
Cookies and other tracking technologies like web beacons, pixel tags, and SDKs (collectively, “Cookies”) are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Cookies are also used to collect and track information and to improve and analyze our Services. You may be able to change the preferences on your device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. Cookies can either be “session cookies” or “persistent cookies”. Session cookies are temporary cookies that are stored on your device while you are visiting our Site or using our Services, whereas “persistent cookies” are stored on your device for a period of time after you leave our Site or Services. We use persistent cookies to store your preferences and settings, and to keep a more accurate account of your use of the Services. For more information on cookies, including how to control your cookie settings and preferences, visit http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm, https://ico.org.uk/for-the-public/online/cookies/ and http://www.allaboutcookies.org/.
Whoop uses the following cookies:
Essential Cookies: Essential cookies, which are session cookies, are required for providing the Services. For example, certain cookies enable you to log into secure areas within our Services. Disabling these cookies may make certain features and services unavailable.
Functionality Cookies: Functional cookies are used to record your choices and settings regarding our Services, maintain your preferences over time, and recognize you when you return to our Services. These cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your region).
Performance/Analytical Cookies: Performance/Analytical Cookies allow us to understand how users use our Services such as by collecting information on how often users use a particular feature of the Services. These aggregated statistics are used internally to improve the Services in a way that makes the Services interesting to as many users as possible. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.
Retargeting/Advertising Cookies: Retargeting/advertising cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you.
INFORMATION ABOUT DO NOT TRACK
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.
INFORMATION ABOUT ONLINE BEHAVIORAL ADVERTISING
Some of our advertising (“Behavioral Advertising”) involves using cookies, clear gifs (a.k.a. web beacons/web bugs), and other tracking tools and technological methods (collectively, “Tracking Tools”) to collect information about a user’s online activities over time and across non-affiliated websites and applications and providing ads to the user based the user’s interests (as inferred from the user’s online activity) or use of our Services. Behavioral Advertising may appear on our Services or on other websites or services. We work with third parties to provide Behavioral Advertising, such as advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers, and other third-party service providers collectively (“Advertising Service Providers”). Advertising Service Providers perform services such as facilitating targeting of advertisements and measuring and analyzing advertising effectiveness on the Services (collectively, all such services, “Targeting Services”). Targeting Services help us display Behavioral Advertising, prevent you from seeing repeated ads, and enable us to research the usefulness of ads.
We adhere to self-regulatory principles for online behavioral advertising issued by the Digital Advertising Alliance (“DAA”) and the European Interactive Digital Advertising Alliance (“EDAA”) (collectively, the “OBA Principles”). More information about the OBA Principles can be found at http://digitaladvertisingalliance.org/principles and http://www.edaa.eu/european-principles/.
You have the option to opt out of Behavioral Advertising. For more information, see the section below titled “Opting Out of Behavioral Advertising and Tracking Tools.”
OPTING OUT OF BEHAVIORAL ADVERTISING AND TRACKING TOOLS
You can opt-out of certain Behavioral Advertising activities by doing one or more of the following. Please note that you will need to opt-out of each browser and device for which you desire to apply these opt-out features.
Service Provider Opt Out: You can opt-out directly from some Advertising Service Providers and providers of Tracking Tools by using their opt-out tools. Some of these service providers, and links to their opt-out tools, are:
Google AdWords. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads. Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Facebook Remarketing. Facebook remarketing service is provided by Facebook Inc., and you can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950/. To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217. Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
Industry Opt Out Tools: Some Advertising Service Providers or providers of Tracking Tools may participate in the Network Advertising Initiative’s (NAI) Opt-Out Tool (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (DAA) Consumer Choice Page (http://www.aboutads.info/choices/), and you can opt-out of certain services and learn more about your choices by visiting the links included here. Users in the EU can visit http://www.youronlinechoices.eu/ for more information about your choices and to opt out of participating service providers.
Web Browser Controls: You can prevent the use of certain Tracking Tools, such as cookies, on a device-by-device basis using the controls in your web browser. These controls can be found in the Tools > Internet Options (or similar) menu for your browser, or as otherwise directed by your browser’s support feature. Through your web browser, you may be able to:
Delete existing Tracking Tools
Disable future Tracking Tools
Set your browser to provide you with a warning each time a cookie or certain other Tracking Tools are being set
Mobile Opt Out: Your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information for Behavioral Advertising. You may also opt-out of certain Tracking Tools on mobile devices by installing the DAA’s AppChoice app on your mobile device (for iTunes, visit https://itunes.apple.com/us/app/appchoices/id894822870?mt=8, for Android, visit https://play.google.com/store/apps/details?id=com.DAA.appchoices&hl=en). For more information, please visit http://support.apple.com/kb/HT4228, https://support.google.com/ads/answer/2662922?hl=en or http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device, as applicable.
Please note the following with respect to opting out of Behavioral Advertising:
Some opt-out features are cookie-based, meaning that when you use these opt-out features, an “opt-out” cookie will be placed on your computer or other device indicating that you do not want to receive Behavioral Advertising from certain companies. If you delete your cookies, use a different browser, or use a different device, you will need to renew your opt-out choice.
Opting-out of Behavioral Advertising does not mean that you will no longer receive online ads. It only means that such ads will no longer be tailored to your specific viewing habits or interests. You may continue to see ads on and about the Service.
Emails: We will give you the ability to opt-out of marketing-related emails by going to our rights management page, or clicking on a link at the bottom of each such email. You cannot opt-out of receiving certain non-marketing emails regarding the Service.
INFORMATION WE RECEIVE FROM THIRD PARTY SOURCES
Some third parties such as our business partners and service providers may provide us with Personal Data about you, such as the following:
Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Facebook Connect or Twitter OAuth), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
HOW WE USE YOUR PERSONAL DATA
We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
Create and manage accounts
Communicate with you about the Services if you’ve provided us a means to do so. if you’ve given us your email address we may contact you about promotions, products or services that we believe may be of interest to you, or email you about your use of the Services. If you prefer not to be contacted with this information, please send an e-mail to firstname.lastname@example.org
Improve the Services
Contact you about Services announcements, updates or offers
Track user activity so that we may better understand your preferences
Personalize website content and communications based on your preferences
Provide support and assistance for the Services
Detect, prevent and address technical issues related to the Services
Meet contract or legal obligations
Comply with our legal or contractual obligations
Protect against or deter fraudulent, illegal or harmful actions
SHARING OF YOUR PERSONAL DATA
We may share your Personal Information with third parties as described in this section:
Data that has been de-identified: We may anonymize your Personal Data so that you are not identified as an individual, and provide that information to our partners for informational and analytics purposes. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. Our advertising partners may use this information to display ads which they believe are more relevant to you. However, we never disclose aggregate information to a partner in a manner that would identify you personally, as an individual.
Our Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide our Services to you and to operate and improve our Services. For example, our agents may process data, analyze usage patterns, or perform other types of analysis and evaluation on our behalf. Whoop uses a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Data we share with them beyond what is necessary to assist us.
Users and Organizations: Certain user profile information, including your name, location, and any content that you post via the Services may be displayed to other users of the Services or to users of third party social media platforms depending on the configuration of your account. If your use of the Services is on behalf of or managed by a coach, team, organizing body or other entity you are affiliated with (“Managing Entity”), that Managing Entity is responsible for determining which information and content associated with your account is publicly shared and you consent to that Managing Entity allowing that information to be publicly shared, subject to any features of the Services that expressly override that control. In addition, the Managing Entity will have access to all of the user information associated with your account, regardless of any sharing settings, and you consent to that access. Please remember that any content you post via the Services may become publicly available and can be collected, viewed and used by anyone. If you do not want others to see your information or any content you post, do not provide it. Users can enter Stealth mode for short periods of time during which no score or activity information will be displayed on the public Whoop platform.
Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Data could be one of the assets transferred to or acquired by a third party.
SECURITY OF PERSONAL DATA
If you choose to register an account with us, it will be protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Data by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Data we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
ACCESS TO YOUR PERSONAL DATA
When you log in to your account, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
First and last name
User name and password
User profile information
UNDER CALIFORNIA CIVIL CODE SECTIONS 1798.83-1798.84, CALIFORNIA RESIDENTS ARE ENTITLED TO ASK US FOR A NOTICE IDENTIFYING THE CATEGORIES OF PERSONAL INFORMATION WHICH WE SHARE WITH OUR AFFILIATES AND/OR THIRD PARTIES FOR MARKETING PURPOSES, AND PROVIDING CONTACT INFORMATION FOR SUCH AFFILIATES AND/OR THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT AND WOULD LIKE A COPY OF THIS NOTICE, PLEASE SUBMIT A WRITTEN REQUEST TO: SUPPORT@WHOOP.COM.
CHOICES YOU HAVE ABOUT YOUR PERSONAL DATA
You can always opt not to disclose Personal Data to us, but keep in mind some Personal Data may be needed to register with us or to take advantage of some of our features. You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing email@example.com. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Data after you update or delete it, but not in a manner that would identify you personally, and we may also retain and continue to use your non-personally identifiable information.
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to firstname.lastname@example.org, and we will try to resolve your concerns.
PRIVACY NOTICE FOR EU RESIDENTS
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this section, “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Whoop will be the controller of your Personal Data processed in connection with the Services.
GROUNDS FOR PROCESSING PERSONAL DATA
Whoop will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
First and last name
Date of birth
Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
Usage information and Log Data
Examples of these legitimate interests include:
Operation and improvement of our business, products and services
Marketing of our products and services
Provision of customer support
Protection from fraud or security threats
Compliance with legal obligations
Completion of corporate transactions
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
HOW AND WITH WHOM WE SHARE YOUR PERSONAL DATA
Fraud prevention service providers
Analytics service providers
Staff augmentation and contract personnel
Hosting service providers
Co-location service providers
Telecommunications service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
Social media services (if you interact with them through your use of the Services)
Third party business partners who you access through the Services
Other parties authorized by you
We also share Personal Data when we believe it is necessary to:
Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
Maintain the security of our products and services
We also share information with third parties when you give us consent to do so.
Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
HOW LONG WE RETAIN YOUR PERSONAL DATA
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services and you ask us to delete your account and data. In all cases, unless explicitly asked, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. After an account deletion, we retain some information regarding usage of the system in a depersonalized form but not in a way that would identify you personally. We continue to use this data in a depersonalized form to improve our algorithms.
SECURITY MEASURES WE USE
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, we follow encryption and pseudonymization best practices by encrypting the data at rest using AES-256 encryption and in transport throughout the chain. The servers that host and process your data are physically secured and logically secured from the outside internet. Only authorized employees of Whoop who have a legitimate and approved reason for accessing Personal Data have access to the data. Before viewing Personal Data, consent from the data owner is required.
RIGHTS YOU HAVE REGARDING YOUR PERSONAL DATA
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email email@example.com or firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging into your account.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your account.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Whoop’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Please contact us at email@example.com with any questions or concerns relating to our Privacy Shield Certification. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
If you have any questions about this section or our data practices generally, please contact us using the following information:
General questions, suggestions, or concerns about this policy, or about use of your information, please contact us at firstname.lastname@example.org.
Attn: Data Privacy Officer
1325 Boylston Street
Boston, MA 02215
If you live in the European Economic Area, or the United Kingdom, you may also contact our local representative at email@example.com
20095 Hamburg Germany