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PRIVACY POLICY

This Privacy Policy applies to the services offered by the mobile application developed by Johnson Health Tech Co., Ltd. (the “Johnson Fitness”) named “atZone” (the “App”) (the “Service”). 

This Privacy Policy provides you with information on the type of personal information we collect from you, through the devices on which the App is installed (the “Device”) and/or the fitness equipment to which the Device is connected.  

If you have any questions about our privacy practices, please contact us as set forth in the section below, titled “Contact Us”.

  1. Information We Collect

  • Account Creation. Before your use of the Service, you are required to create an account via the App and log in. During account registration, we will require you to provide certain information as follows:

    • Email address.

You will be required to provide your email address during account registration. The email will be used 1) for initial account registration verification purpose; 2) for logging into your account thereafter so as to allow You to enjoy the equipment and the Service; and 3) for Johnson to communicate with You if needed including but not limited to any update on the Terms of Use or this Privacy Policy.

  • Username.

The username you have created and provided during account registration.. You will be identified via your username among the users of the Service. Upon your consent, it would be displayed on the ranking list on the bottom of the page.

  • Additional Information.

Additional information may be collected such as your real name, profile picture, gender, age height, weight and your location (continent and country). You may choose not to enter such information. But please understand that should you choose not to enter such information, you will be unable to receive your workout result through the Service as calculation of workout achievement would not be possible without such background information.

  • Location. 

Since the content of the class can only be viewed in certain authorized region, , the App will ask you to turn on the location service to confirm the region you are in and provide you with the authorized content accordingly. .

  • Information collected during your use of the Service. During your use of the Service, we will collect information about your workout activity through the equipment and the heart-rate monitor you may have connected to the equipment (collectively referred to as the “Workout Data”), such as follows:

    • time (and duration) of workout;

    • distance, speed, incline of workout;  

    • calories burned during the workout session; and 

    • heart rate (only if you use compatible 3rd party equipment);

  • When You Communicate with us. It is inevitable that we may ask for additional personal information when you get in touch with us. Nevertheless, we will not require information that is beyond what is required for us to either provide you with the requested customer support or respond to your data subject requests regarding your personal data. 

  • During your use of the Service. From your logging into the account, browse the classes and workout by using the Service, we automatically collect information on the interaction among the equipment, the App, and the Service. Some examples of information we collect include service use data (e.g., the features you use with Services, the pages you visit on, workouts performed and tied to your user ID, the classes you have taken, the time of your workout using the App) , device connectivity and configuration data (e.g. your Internet service provider, your device's regional and language settings, and your device's identifiers such as IP address and the device ID) and location data (e.g., location derived from an IP address or data that indicates a city level). 

The information we automatically collect during your use of the Service is to allow us to troubleshoot in case of any problem you may encounter during your use of the Service or the App. 

  1. How we Keep your information

After our collection of your information, we will store it at cloud server designated and controlled by us. We take reasonable and appropriate security measures designed to protect the information we collect from or about you against unauthorized access, use, alteration, disclosure or destruction. Data is stored until the user explicitly requests the erasure of his/her account data stored on the servers or until the basis for the processing of the data is no longer valid. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

  1. How we share your Information

The Company shares your information to the following recipients:

  • Other Services users. Your workout score, the “Name” you choose to enter in your profile (the “Alias”) and the image you choose to upload to your profile (the “Image”) will be shown on the ranking bar when other users taking the workout program you have taken. However, you can decide whether to share this information to other users and how much information other users can know about you by modifying your privacy setting in the App.

  • Affiliates. We share your information with our related entities including our parent and sister companies. For example, we may share your information with our affiliates for customer support, marketing, and technical operations.

  • Third Parties. We collaborate with third-party vendors for the storage of data, streaming of video services and processing of payments. For such reasons, the information we have collected as set out above will likely be shared with such vendors. 

  • Security or Compelled Disclosure. We share your information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of the Company, its users or the public as required or permitted by law. We share your information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

  1. Third Party Services

The Services incorporate services provided by third parties and can be linked to other third-party services (“Third-Party Services”), including but not limited to applications provided by Apple, Google, Fitbit and other third-party services you have chosen to connect to and are compatible with the Services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party's privacy policy. Our Privacy Policy does not apply to such websites or services and we're not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information, we recommend that you carefully review the privacy policies of other websites and services that you access periodically. Links to the privacy policies of Apple, Google, and Fitbit are provided as follows for your easy reference:

Apple: https://www.apple.com/legal/privacy/en-ww/

Google: https://policies.google.com/privacy?hl=en-US

Fitbit: https://www.fitbit.com/global/us/legal/privacy-policy

  1.  Local-Specific Rights 

A. Residents of Taiwan

Upon your request, we will make our good-faith efforts to: 

  • provide you with access to and copy of the information you have submitted to us through your account; 

  • to correct or supplement this information if it is inaccurate; 

  • to stop the collection or further processing of your data; or

  • to delete your data. 

Please feel free to let us know if you would like your information corrected or removed by emailing us as set forth in the section below, entitled "Contact Us". 

You can permanently delete your account through your account settings or by sending us an email to us as set forth in the section entitled "Contact Us" below. We'll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law. 

Please note that we can only delete your information within the Services. Information that you have shared with our third-party partners and sites cannot be deleted by us. Therefore, this information will remain on those third-party sites and services even after you unsubscribe from us. However, upon receiving a deletion request, we will send a deletion request to those third-party partners that we have previously sent your data to for processing. 

C. Residents of the European Economic Area and the United Kingdom 

If you are a user of the equipment and the Service within the European Union or the United Kingdom, you may request us to: 

  • provide with access to your data; 

  • rectify your data; 

  • erase the data we have collected about you through the Service;

  • allow you to transfer the data we have collected about you through the Service to another party designated by you;  

  • require us to stop processing your data for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you; 

  • withdraw your consent at any time for any data processing we do based on consent you have provided to us.

If you consider there is any problem with how we collect and process your data, you have the right to lodge a complaint with the data protection agency within your jurisdiction.  

  1. International Transfer

Considering that Johnson is a multinational company based in Taiwan, international transfer of data will be inevitable. As indicated above, we utilize third-party cloud storage service providers for storing the Service’s user data; and as of the date of the latest update of this Privacy Policy, all user data will be stored in AWS Tokyo. As such data is shared by Johnson with the third parties indicated above, such data may be transferred from Taiwan to other jurisdictions. Regardless, please be rest assured that all such transfers will only be undertaken with the appropriate safeguards in place. 

  1. Our Policy toward Children

The Service is designed and restricted to use by individuals that are at least 13 years old.  As such, we do not anticipate receiving personal data from individuals under such age requirement. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible.

  1. Changes to This Privacy Policy

Please note that this Privacy Policy may change from time to time. We will notify you of such changes either through push notification to your equipment or through email. Please review it before you continue to use the equipment and the Service.  

All changes will be effective immediately upon posting of the revised Privacy Policy via the Service. Your continued use of the Service indicates that you have read and understood the changes to the Privacy Policy then posted. 

  1. Contact Us

Please feel free to direct any questions or concerns regarding this Privacy Policy or the Company's data practices by contacting us at: dpo@johnsonfitness.com.

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TERMS OF USE

Introduction

Johnson Health Tech Co. Ltd. (“Johnson”) is a company headquartered in Taiwan with offices worldwide. atZone (the “App”) is a mobile application that provides additional services (the “Services”) through connection with compatible fitness equipment developed by Johnson (the “Johnson Fitness Equipment”) through Bluetooth connection. The App is available through either Apple Store or Google Play. Upon installation of the App to your iOS or Android device(s) and connection of your device(s) (the “Device”) to a Johnson Fitness Equipment, you (“You” or the “User”) will be able to choose the workout programs and classes offered in the App.  

Before You can access the workout programs and classes offered by Johnson via the App, You are required to register an account with the App. For safety reasons, You must be at least 13 years old to register with and use the App. Your rights and obligations in connection with the use of the Equipment, the App, and the Service will be subject to this Terms of Use (the “Terms”). 

By registering an account with the App, You indicate Your acceptance and agreement to be bound by the Terms, which forms a binding agreement between You and Johnson for the use of the App and the services through such App.

Registration and Access to the Service

Upon creation of an account on the App, You will be responsible for all activities that occur under Your account, including any activity by unauthorized users. You may not allow others to use Your account as doing so will result in unwanted sharing/disclosure of Your personal information and affect the calculation of Your workout performance and/or class recommendations. 

It is Your responsibility to safeguard the confidentiality of Your password and change the password periodically. In case You are using a Device that others have access to, you must log out of Your account after Your workout session. If You become aware of an unauthorized access to Your account, change Your password and notify Johnson immediately.

Accessibility to the Service

The Service and the functionality of the App may change over time at Johnson’s sole discretion.  These changes may be in the type of services or functions being offered, formatting of existing services or interface of the App, adding new services or features, or removal of previously available features.  These changes may occur without warning.  

Johnson may interrupt access to the App or the Service to perform maintenance, fix system issues or failures, or to resolve security breaches or other issues beyond the control of Johnson.  While Johnson will make reasonable efforts to notify Users of all planned outages, some incidents may require that the services be interrupted without warning and for an undetermined duration.  Johnson reserves the right to suspend the App and/or the Service at any time if the Terms have been violated.  

License

Subject to Your compliance with these Terms and only for so long as You are allowed access to the Service, Johnson grants You a limited, non-transferable, non-exclusive, revocable right and license to access and use the App and the Service for Your own personal, non-commercial purposes. Such right may not be assigned or sublicensed to anyone. This license includes the right to view the video clips (the “Content”) available on the Service. This license will remain in effect unless and until You violate these Terms or this license is terminated by Johnson.

Except as expressly permitted in writing by an authorized representative of Johnson, You will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the App or the Service, nor will You take any measures to interfere with or damage the App or the Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than Your personal, non-commercial use of the App or the Service, is strictly prohibited. All rights not expressly granted by Johnson in these Terms are reserved.


Warnings and Notices

Workout result calculations

The Service employs computer algorithms to determine Your workout performance (including but not limited to the amount calories burned during a workout session) based on the information provided by You during account registration and the information extracted from the heart-rate monitor You may have connected to the Equipment and then generates and delivers the result of calculation to You via the Service for Your reference.Such calculation and feedback are to be provided as a general guidelines or information for Your convenient reference only and is not meant to be deemed as any type of medical or professional medical or health diagnosis or opinion.  Johnson does not guarantee the level of accuracy or reliability of the feedback and does not intend to provide a service that is reserved for members of the healthcare profession. 

Use of Content 

Within five (5) years from the date You complete the account registration process, the Content will be accessible free of charge every month via the Z minutes provide by Johnson (“Free Access”). In case you wish to access the Content for more times than allowed under the Free Access, you may either pay for such additional access, either through individual class purchase or through subscription, whichever is applicable. In case the Services is to be terminated, Johnson will notify the User one (1) month in advance. For the avoidance of doubt, Johnson shall not be required to compensate User for any unused Z minutes, regardless of the cause of termination of the Services.  

It is Your responsibility to choose workouts that are suitable for Your physical fitness capacity, follow the guidance of the class instructor(s), understand and abide by any restrictions and warnings for a chosen workout program or class, and stop a workout session should You feel fatigue. 

Johnson will not be responsible for injuries or damages sustained or incurred by You should the injuries or damages be a result of Your failure to observe Your own health condition while choosing or during a workout and follow the instructions and/or abide by the warnings or restrictions of a workout class.  

Sharing and processing of data

For any information about the processing of personal data by Johnson, please refer to Johnson’s Privacy Policy. The App and the Service will allow You to share information in Your personal profile and fitness data with other users upon Your consent. You understand that any type of sharing of personal data contains certain level of risks. As such, You should agree to share Your profile information with other users with caution. Johnson shall not be held responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such sharing. 

Use beyond the purpose intended 

You understand that the Equipment, the App, and the Service are offered to allow You to workout (the “Purpose”) for Your own personal benefit. You shall refrain from using the Equipment, the App, or the Service for anything other than the Purpose.

Should You breach this provision and cause harm or damage to Yourself or any third party, Johnson (including its directors, officers, employees and agent) shall not be held liable and shall be fully indemnified by You for any claims, damages, losses, and costs in connection with any claims brought upon by third-parties.

Governing Law and Dispute Resolution

All controversies or disputes relating to the use of the Service as well as the interpretation and performance of the Terms will be governed by and construed in accordance with the laws of Taiwan.

If any controversy or dispute occurs in relation to the interpretation and performance of the Terms, You and Johnson shall each make good-faith effort to resolve such dispute amicably. In case that any such dispute or controversy cannot be resolved within ninety (90) days, then either party agrees to submit such dispute to Taichung District Court of Taiwan as the exclusive court of first instance for dispute resolution.

Amendment of Terms 

Johnson may update these Terms at any time, in our sole discretion. In case of any update of the Terms, at a minimum, Johnson would post the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) through the App and/or the Service. Modifications will be effective on the date that they are posted through the App or through the Service, whichever is earlier. 

It is important that You review the Terms whenever they are updated before You continue to use the App or the Service. Your continuous use thereof will be deemed as Your acceptance and agreement to the updated Terms.  

Contact Us 

You consent to receive all communications including notices, agreements, disclosures, or other information from Johnson electronically. Johnson may communicate by email or by posting to the Service or the App through push notifications. 

In case of any problems with the functions of the Equipment, the App, and/or the Service, You may contact our customer support service at. 

For all other communications with or notices to Johnson in connection with the Terms, please contact Johnson at service@johnsonfitness.com.

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