Thinkerly Privacy Policy

At Thinkerly, our mission is to make all athletes better through passion, design, and the relentless pursuit of innovation. That mission covers our offline and in-store activities, and extends to our online community as well through our websites, applications, and connected products and services (which we collectively call the “Services”) and that’s why we also refer to our online community members as “Athletes.” Our privacy policy describes what Personal Data we collect online, offline and in stores and how we use and share that information.

We encourage you to review our privacy policy and click on the available links or select “read more” if you want additional information on a particular topic. If you have any questions about how we handle or protect your Personal Data, please contact us at info@thinkerly.com

BY USING THE SERVICES YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE NETHERLANDS AS DESCRIBED IN THIS PRIVACY POLICY.

Who We Are

Thinkerly S.r.l. provides internet and mobile application based services including the apps linked to below:

  • Thinkerly.com
  • Uptivo.fit
  • Uptivo App

Information We Collect

Thinkerly collects information to operate our business and provide you with innovative fitness and wellness solutions. We collect both Personal Data and Other Information in support of these efforts.

  • “Personal Data” is information that can be used, directly or indirectly, alone or together with other information, to identify you as an individual Athlete. This may include your precise Location Data and your Performance Data.
  • “Other Information” is information that is anonymous, aggregate, de-identified, or otherwise does not reveal your identity. Some examples include age, gender, browser and operating system, time spent using our Services, and webpages visited. We collect and use this information to understand how you and our community as a whole use our Services and constantly tune, enhance, innovate and build products and services to reflect the needs of Athletes. When you are using a mobile device, we also collect and use your Apple Identifier for Advertising (IDFA) and Google Advertising ID (AAID) to recognize your device and support advertising activities on our Services. These number values are not permanently tied to your device and, depending on your operating system, you can reset it through your device settings.

Generally, we do not consider Other Information to be Personal Data. Regardless, if we link together Other Information in a way that renders it individually identifiable, we will treat the combined information as Personal Data.

We collect Personal Data in the following ways:

1. When you register with us, we collect registration and demographic details (.e.g., name, username and password, email address, date of birth, and location).
2. When you use or interact with our Services, we collect Personal Data such as Performance Data and Location Data.
3. When you connect with us through social media, we may collect account or profile information.
4. When you shop or browse online, we collect purchase and browsing data.
5. When you shop in-store, we may collect contact and purchase information.
6. When we provide you access to third-party products and services.
7. When you take surveys and enter challenges, promotions, contests, and sweepstakes, we collect contact, demographic and eligibility information.
8. When we supplement your information, we collect additional Personal Data about you.
9. When you engage with our online communities or with advertising on the Services, we may collect Personal Data about those interactions.

How We Use Personal Data

Thinkerly uses the data we collect to operate our business, advertise and provide our products and Services, improve existing products and services, develop new products and services, and to improve and personalize your experiences interacting with us. We also use your Personal Data to communicate with you and to deliver advertising that may be more relevant to you.

We use the information we collect to:

1. Operate our business and provide our Services to Athletes, individuals and communities.
2. Personalize experiences on our Services, better understand our Athletes and gain consumer insights.
3. Provide you with access to third-party products and services.
4. Support research and academic research.
5. Address security issues and to resolve disputes.
6. Tailor our advertising and marketing.
7. Communicate with you and respond to your requests.
8. Administer Promotions.

How We Disclose Personal Data

Thinkerly will only disclose your Personal Data with your knowledge and as stated in this Privacy Policy or as indicated at the time of collection. This includes disclosures that will enable us to fulfill our obligations to you, and allows us to manage our business operations. We will only share your Personal Data with third parties in certain limited instances, namely with your consent, or as is necessary to complete a transaction or provide a product, service, or feature that you have requested.

Information Security

Thinkerly is committed to protecting the security of your Personal Data. We use technical and organizational measures designed to protect your information against unauthorized access, theft, and loss. We also recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your devices.

Data Retention

Thinkerly will retain your Personal Data for as long as you maintain an Account or as needed to provide you the Services. We will also retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

How We Use Data Collection Tools and Online Advertising

Thinkerly uses cookies and other data collection tools like web beacons to collect data that help us personalize your use of our websites and mobile applications. We also work with a variety of advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use various technologies including cookies to collect data about your use of the Services (such as pages visited, ads viewed or clicked on) so that we and our Ad Partners deliver ads to you based on your interests and online activities.

Children

We do not knowingly collect Personal Data from children under 13. If you become aware that a child has provided us with Personal Data without parental consent, please contact us at info@thinkerly.com If we become aware that a child under 13 has provided us with Personal Data without parental consent, we will take steps to remove the information and terminate the child’s account.

Third Parties We Don’t Own or Control

Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. For example, if you download one of our applications on your smartphone, the manufacturer of your smartphone may have a policy that applies to its own practices for collecting information through that smartphone. We encourage you to read the privacy policies of each and every device, website, and service that you use.

How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us at info@thinkerly.com or write to us at:

Thinkerly S.r.l.
Attention: Privacy Office, Compliance Department
via Volta, 98 – 20832 Desio (MB) – Italy

Privacy Policy Updates

We may update this Privacy Policy from time to time without prior notice. You can determine when this Policy was last revised by checking the Effective Date. We encourage you to periodically review this privacy policy to ensure you understand our privacy practices. If you have a registered account, we may notify you of any changes to our privacy policy via email and we may ask you to affirmatively acknowledge and consent to the changes the next time you use our Services.

Thinkerly Product Warranty

This Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period. The Warranty Period for the Thinkerly products is specified below:

  • Uptivo Bridge: covered for 24 (twenty four) months.
  • Uptivo Belt: Sensor covered for 24 (twenty four) months, Uptivo Soft Strap covered for 3 (three) months.

Thinkerly Liability

Thinkerly reserves the right to check actual defects or damage. Damaged Products may be replaced with new or reconditioned articles, or may be repaired at the manufacturer’s discretion.
To report damages or defects, please contact Thinkerly at the following email address: info@thinkerly.com.

Limitation of Liability

This Limited Warranty does not cover:
1. Defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress.
2. Defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by Thinkerly.
3. Device that has the serial number removed, defaced, damaged, altered or made illegible.
4. Ordinary wear and tear.
5. Marginal defects that have a negligible effect on the Product value or functionality.
6. Defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, or improper use of any electrical source.

Shipping a damaged or defective product to Thinkerly does not involve a free-of-charge repair under this Warranty policy. When received, Thinkerly reserves the right to verify the Warranty validity.