Last Updated: December 20, 2016

 

Welcome to the Internet sites of imPowered. "imPowered Sites" include impowered.es, platform.impowered.es, imPowered mobile Apps (BeTested, BeTrained and BeGrouped) and other Internet sites on which these Terms of Use are posted. imPowered is sometimes referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY imPowered SITE. By using any imPowered Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the imPowered Sites.

Note that special terms might apply to some services or features offered on certain imPowered Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

imPowered may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on imPowered Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in Spain and foreign countries, and is owned or controlled by imPowered or by third parties that have licensed their Content to imPowered. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a imPowered Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of imPowered, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of imPowered, "mirror" on any other server any material contained on any imPowered Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of imPowered. The trademarks, logos and service marks (the "Marks") displayed on the imPowered Sites are owned by imPowered or third parties. You are prohibited from use of those Marks without the express, written permission of imPowered or such third party. If you would like information about obtaining imPowered's permission to use the Content on your Web site, e-mail impowered.es@gmail.com.

In the event that we offer downloads of software on a imPowered Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, imPowered HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

imPowered SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, imPowered'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Accounts

Some services on the imPowered Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at impowered.es@gmail.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any imPowered Site.

We may suspend or terminate your account and your ability to use any imPowered Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

Services

imPowered reserves the right to modify the service at any time and without notice, without involving the obligation on our part to return the money to dissatisfied users with such modifications.

imPowered will not make refunds to any user subscription.

Duration

The renews will be dependent of the contracted time and the choice of the customer.

Depending of the payment method, renews will be manual or automatically.

Termination of the contract

The contract will end by the period non-renewal notwithstanding that each of the parties may urge the termination of this agreement in the event that the other party fails to comply with any of the obligations arising from the same. You can also proceed to the contractual resolution by mutual agreement or unilateral of a party, will whenever alert to another with a minimum notice of 15 days

With the completion of the contract occurs immediately cease the use of the rights transferred. In the event of termination of this agreement for any reason, each Party shall immediately cease the use of services, rights and signs, the use of existing and exploitation had been them by the other party.

imPowered's Liability

imPowered makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the imPowered Sites and the Content. Any use of the imPowered Sites and the Content is at your own risk. Changes are periodically made to imPowered Sites and may be made at any time. Some Content on the imPowered Sites may be provided by third parties and imPowered will not be held responsible for any such Content provided by third parties.

imPowered DOES NOT WARRANT THAT THE imPowered SITES WILL OPERATE ERROR-FREE OR THAT THE imPowered SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE imPowered SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, imPowered WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE imPowered SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. imPowered, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of the imPowered Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the imPowered Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the imPowered Sites. IN NO EVENT WILL imPowered OR ANY THIRD PARTIES MENTIONED AT THE imPowered SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE imPowered SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT imPowered IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Links to Other Sites

The imPowered Sites may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by imPowered of the contents on such third-party Web sites. imPowered is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless imPowered, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Copyright Policy

imPowered respects the intellectual property rights of others. It is imPowered's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to imPowered, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Email to Receive Notification of Claimed Copyright Infringement: impowered.es@gmail.com

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of any imPowered Site will be construed in accordance with and determined by the laws of the Spain applicable to contracts entered into and performed within Spain without respect to its conflict of laws principles. By using a imPowered Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the imPowered Site is the Courts of Santa Cruz de Tenerife and their superiors. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

In the event of a complaint, or to request further information, the provider may be contacted by e-mail at impowered.es@gmail.com.

Last Updated: December 20, 2016

 

Your privacy is important to imPowered. We developed this Privacy Statement so you know how we collect, use, disclose, transfer and store your information. Please read through this Privacy Statement to familiarize yourself with our privacy practices.

This Privacy Statement describes the treatment of information imPowered collects on the websites and applications that reference this Privacy Statement and from certain of our services and applications. In addition, users of certain of our services and applications are provided with privacy statements that are specific to those services and applications — in those instances, those privacy statements supplement and should be read in conjunction with this Privacy Statement.

1. COLLECTION AND USE OF INFORMATION

A. Personal Information

“Personal Information” is information that identifies a particular individual. When you create an account or subscribe for a service on a imPowered website, we may collect a variety of Personal Information, which depending on the circumstances may include your name, mailing address, phone number, email address, and payment card information. Your Personal Information may be collected and/or stored by imPowered in the Spain. If you reside in a country outside the Spain, please note that the data protection and privacy laws of the Spain may not be as comprehensive as the laws in your country.

We may use Personal Information about you for the following purposes:

1. Communications We may communicate with you, such as to provide you with the products and services you request, to communicate with you about your account or transactions with us, to give you important information about your services or applications, and (consistent with applicable laws and the choices available to you as described in Paragraph 6 below) send you offers and promotions for our services and applications.
2. Customer Support When you interact with our customer support representatives via email, we may collect Personal Information relevant to the situation, such as your name, mailing address, phone number, email address and contact preferences; information about the imPowered services you own, such as their serial numbers, date of purchase and (if applicable) event logs that are useful in diagnosing product or application performance related issues; and information relating to a support or service issue. We use this information to provide you with customer and service support.
3. Purchases If you provide your payment card information on a imPowered website then imPowered will use your payment card information and related payment and account information, as well as your name and mailing address if applicable, for the purpose of filling your purchases or collecting payment of recurring fees, if applicable.
4. Promotions If you enter into a special promotions, we may use the information you provide to administer those promotions. To the extent that the terms and conditions of any such promotion regarding the treatment of Personal Information about you conflict with this Privacy Statement, the terms and conditions of the promotion will control.
5. Information Posted by Visitors imPowered may make available through certain of our sites’ services (for example, message boards among other services) to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on our sites may become public information, and may be available to visitors to the sites and to the general public. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other information, on our sites. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SITES.
6. Company Use imPowered may use your Personal Information (a) for internal statistical, marketing or operational purposes, including generating sales reports and measuring and understanding demographic, user interest, purchasing and other trends among our customers, (b) to notify you of certain changes to this Privacy Statement, and (c) for any other purposes for which we notify you specifically at the time of collection or as otherwise described in this Privacy Statement or as permitted or required by law, rule, regulation, subpoena or other legal process.

B. Other Information

“Other Information” is any information that does not identify, and cannot reasonably be used to identify, a particular person, such as: browser and device information, app usage data, information collected through cookies, pixel tags and other technologies, demographic information and other information provided by you, anonymous information and aggregated information. Please note we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal information under applicable law, then we may use it as described in “Personal information” section above. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined. Examples of Other Information include:

1. Location Information If you elect to use location-based services, on your imPowered application, then the physical location of your device will be collected in order to provide you with location-based services. This location data is collected anonymously in a form that does not personally identify you. If you provide your consent when using a imPowered application then imPowered will collect and upload from your device data such as location, speed and direction. This data would be aggregated with data from devices of other consenting users to enhance the quality of traffic data and other content provided by imPowered or content providers. If you provide your consent, then imPowered may also share this data with or sell this data to third parties. This data would be shared and sold anonymously in a form that would not personally identify you.
2. Activities and Activity Data Some imPowered websites and mobile applications (imPowered BeTrained) allow you to voluntarily upload activities (for example Cycling, Elliptical, Power Tests, etc.) and activity data (for example, location, distance, activity time, calories burned, heart rate, power, cadence, etc.) from your device. On those websites and applications you can control who can see such activities and activity data by managing the privacy settings on those websites and applications. imPowered may use uploaded activity data in an anonymous and aggregated manner that would not personally identify you for purposes of enhancing the quality of its products and applications. If you provide your consent when asked whether you consent to the sharing of anonymous data collected from your device, imPowered may share activity data with strategic partners in an anonymous manner that would not personally identify you for the purpose of enhancing the quality of such strategic partners’ products and applications. imPowered will not transfer or sell your activity data to any third party without providing you prior notice and obtaining your consent.
3. Server Log Information We and our service providers use server log information for purposes such as calculating site usage levels, helping diagnose problems with imPowered’s servers and administering imPowered’s websites. These server logs may include information such as your Internet Protocol (IP) address, browser type, browser language, the date and time of your request, the time(s) of your visit(s) and the web page(s) that you visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites. Please note that we treat IP Addresses, server log files, and related information as Other Information, except where we are required under applicable laws to treat any such information as Personal Information.
4. Cookies and Other Technology We may use cookies, pixel tags, web beacons, clear GIF’s or other similar tools on our websites or in our email messages. These technologies help imPowered keep track of your movements within our sites, measure the effectiveness of advertisements, and compile aggregate statistics about site usage and response rates. They also help you to more smoothly navigate our websites. This information is collected anonymously, in a manner that does not personally identify you. For more information regarding this practice and to opt-out of such collection and use of this information by our third party service providers, please see Networkadvertising.org.
   
   

   If you do not want information collected through the use of these technologies there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them. In addition, if you reside in a jurisdiction that requires us to obtain your consent to use cookies on our sites then you will have an opportunity to manage your cookie preferences on the sites; except that certain cookies are required to enable core site functionality and you cannot choose to disable those cookies.

5. Use of Apps When you download and use apps, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app based on your device number. imPowered uses a third-party service provider to collect analytical information related to the use of its mobile apps, such as device state information, device hardware and OS information, information relating to how an app functions. This information is collected and stored in a way that does not personally identify any particular user. imPowered uses this aggregated data to improve the quality and functionality of its mobile apps.

2. DISCLOSURE OF INFORMATION

A. Service Providers

We may use third party service providers to help us operate our business and websites or administer activities on our behalf, such as fulfilling purchases, processing payment card payments and shipping products to you. We may share Personal Information about you, including payment card information, with these third parties for the sole purpose of enabling them to perform the services.

B. Other Disclosures

We may disclose Personal Information about you to others if we have your consent to do so in such form of consent as may be required under applicable law. We may also disclose Personal Information about you to others as we believe to be necessary or appropriate: (a) under applicable law or regulation, including laws or regulations outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public authorities and law enforcement officials, including officials outside your country of residence; (d) to assist or support theft investigations involving imPowered products or property, (e) to enforce any of our terms and conditions or policies; (f) to protect our operations or those of any of our affiliates and subsidiaries; (g) to protect the rights, privacy, safety or property of imPowered, its affiliates and subsidiaries, you, or others; or (h) to permit us to pursue available remedies or limit the damages that we may sustain.

C. Assignment

We may transfer information to an affiliate, a subsidiary, or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of imPowered's business, assets, or stock, including, without limitation, in connection with any bankruptcy or similar proceeding.

3. LINKS, THIRD PARTY APPLICATIONS, AND THIRD PARTIES' PRIVACY PRACTICES

Our websites, applications and products may contain links to other sites that are not operated by imPowered, and our websites or your product may contain applications that you can download from third parties. These linked sites, services, and applications are not under our control and we are not responsible for the privacy practices or the content of any linked sites, services and applications. If you provide any Personal Information through any third-party sites, services, or applications, your transaction will occur on the third party's site, service, and/or application and the information you provide will be collected by, and controlled by, the privacy statement of that third party. imPowered IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF THIRD-PARTY WEB SITES OR THIRD-PARTY APPLICATIONS. We recommend you review the privacy statement of any third parties.

4. SECURITY

imPowered takes reasonable security measures to help protect against loss, misuse, unauthorized access, and unauthorized disclosure or alteration of the Personal Information under its control.

5. USE OF WEBSITES, SERVICES AND APPLICATIONS BY CHILDREN

Our services and applications are not directed to individuals under the age of 13, and we request that individuals under 13 not provide Personal Information to imPowered through any imPowered website or through our services and applications. If we learn that we have collected the Personal Information of a child under 13, we will take steps to delete the information as soon as possible.

6. UPDATES TO THIS PRIVACY STATEMENT

We may change this Privacy Statement from time to time as we add new services and applications, as we improve our current offerings, and as technologies and laws change. You can determine when this Privacy Statement was last revised by referring to the "LAST UPDATED" legend at the top of this page. Any changes will become effective upon our posting of the revised Privacy Statement on our affected websites. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice may be provided by email, by posting notice of the changes on our affected websites or by other means prior to the change becoming effective, consistent with applicable laws.

7. RETENTION OF PERSONAL INFORMATION

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.

8. REVIEWING / CORRECTING / UPDATING / DELETING INFORMATION; DATA INTEGRITY

imPowered takes reasonable steps to ensure that the Personal Information we collect from you is accurate, complete, and current. You may request access and request that erroneous or inaccurate Personal Information be updated. You may also request that your Personal Information be deleted. imPowered will respond promptly to your requests and in any event within 30 days, or in accordance to applicable law. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We may decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain in our databases and other records, which will not be removed.

Access, correction or deletion requests can be made as follows:

Email: impowered.es@gmail.com