Terms of service

INTRODUCTION 

This website supervises your use of this website. By using this website, you should fully accept these terms of use. If you disagree with these terms of use or any part of them, you may have no right to use the website.

ACCESS TO USE SOUNDPEATS SITE

You are granted a right to view, download (for caching purposes only), and print pages, user manuals, and other product information from the website for your personal use. Any content appearing therein for commercial purposes is not allowed. Any unauthorized use of the SOUNDPEATS Site or use in violation of these terms of use will terminate your access to the website.

PRODUCTS AND SUPPORT DESCRIPTION

We endeavor to make sure the product description is as accurate as possible, but we do not warrant that any product or support description or other content on SOUNDPEATS Site is accurate, complete, and error-free. If you purchase a product from SOUNDPEATS and consider it is not as described on our website, you can return the product to us following the return policy.

USER CONTENT

For registering your account on SOUNDPEATS Site, you grant SOUNDPEATS accurate, legal, and loyal information to use, publish and govern this information (including your opinion of the product, video, image, and other audio material).

Your user content must be legal and lawful. You should not infringe other third party’s intellectual rights and other legal rights. SOUNDPEATS.com has the right to edit and remove material that is unlawful and illegal.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the UK

SUPPORT

SOUNDPEATS offers customer support in conformity with these terms of use. For any questions regarding our products or our warranty policy, please feel free to contact us at support@isoundpeats.com for more details.






Shenzhen Ginto E-Commerce Co., Ltd. and each of its affiliated companies (“SOUNDPEATS, we, us, or, our”) is committed to respecting the privacy rights of all users of the isoundpeats.com website. Where this Privacy Policy is posted (each, a “Site”) and persons who may contact SOUNDPEATS at retail stores, customer service call centers SOUNDPEATS contests, sweepstakes, online surveys, use of applications and software we may make available from time to time (collectively “Services”).
Ensuring the security of users' personal information is the basic premise for SOUNDPEATS to carry out various businesses. Your privacy is important to us. Please read this privacy policy carefully to learn about the information that SOUNDPEATS collects from you and how SOUNDPEATS uses that information. By visiting the Site or using any of the Services, you consent to SOUNDPEATS’s collection, use, disclosure, transfer, and storage of information relating to you as outlined in this Privacy Policy.

WHAT INFORMATION DO WE COLLECT?

INFORMATION YOU PROVIDE US

  1. ACCOUNT INFORMATION

You provide your email or log in for a third-party account, to create an online or application account (“Account”) or subscribe to our communications. If you refuse to provide such information, you may not be able to use the Services properly. When creating your Account, you may be asked to enter certain information, such as your name, profile photo, community username, age, gender, address, telephone number, and email address. 

  1. PAYMENT AND CARD INFORMATION

SOUNDPEATS supports payments and transactions with third parties. If you activate this feature, you must provide certain information for identification and verification, such as your name, credit, debit, or other card numbers, card expiration date, and CVV code. This information is encrypted and sent to your card network, which upon approval sends back to your device a token, which is a set of random digits for engaging in transactions without exposing your card number. For your convenience, we store the last four digits of your card number and your card issuer’s name and contact information. You can remove the token from your account using your account settings. We do not store your transaction history.

If you purchase SOUNDPEATS products on our website, you provide your payment information, including your name, credit or debit card number, card expiration date, CVV code, and billing address. We do not store this payment information. We store your shipping address to fulfill your order. Note that third-party payment processors may retain this information by their privacy policies and terms.

INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES

  1. DEVICE INFORMATION

Your device collects data to estimate a variety of metrics like the number of steps you take, your distance traveled, calories burned, weight, heart rate, sleep stages, active minutes, and location. The data collected varies depending on which device you use. Learn more about the features of our various devices and how you can use the SOUNDPEATS app. When your device syncs with our applications or software, data recorded on your device is transferred from your device to our servers.

  1. GEOLOCATION INFORMATION

The Services include features that use precise geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can always remove our access using your SOUNDPEATS device or mobile device settings. We may also derive your approximate location from your IP address.

  1. INFORMATION WE RECEIVE FROM THIRD PARTIES

If you choose to connect your account on our Services to your account on another service, we may receive information from the other service. For example, if you connect to Facebook or Google, we may receive information like your name, profile picture, age range, language, email address, and friend list. You may also choose to grant us access to your exercise or activity data from another service. You can stop sharing the information from the other service with us by removing our access to that other service.

HOW WE USE YOUR INFORMATION?

We use the information we collect for the following purposes:

  1. To process transactions: We use your information to process payments you make through the Services.
  2. To communicate with you: The email address you provide for order processing, or account creation may be used to send you information and updates about your order, in addition to receiving occasional company news, updates, related Product or Services information, including sending you updates to our terms and policies and other important messages from time to time. We may also send you marketing and promotional communications we believe might be relevant to your interests.
  3. Security and privacy: We use your information to verify Account details and activity. We also use your information to promote the security and privacy of the Services, such as investigating suspicious activities or violations of our terms.
  4. Advertising and business information: We may show advertisements to you and others for our Products and third-party products based on the information we have collected from you, such as: what you have installed, accessed, used, and purchased.
HOW INFORMATION IS SHARED
  1. For external processing: We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures.
  2. For regulatory and legal issues: We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.
PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION

When we store your Personal Information, we implement reasonable and sufficient security measures to ensure that your Personal Information is safe from unauthorized access, disclosure, or loss. Such security measures include but are not limited to electronic security measures and physical security measures.

DATA RETENTION

We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. For instance, when you provide your contact list for finding friends on the Services, we delete the list after it is used for adding contacts as friends. We keep other information, like your exercise or activity data, until you use your account settings or tools to delete the data or your account because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the How We Use Information and How Information Is Shared sections.


EUROPEAN PRIVACY DISCLOSURES

If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).

 

HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA

To the extent that information we collect is health data or another special category of personal data subject to the GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you pair your device to your account, grant us access to your exercise or activity data from another service, or use the health tracking feature. You can use your account settings and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, unpairing your device, or deleting your data or your account.

 

OUR LEGAL BASES FOR PROCESSING PERSONAL DATA

For personal data subject to the GDPR, we rely on several legal bases to process the data, including:

 

  • When you have given your consent, which you may withdraw at any time using your account settings and other tools; 
  • When the processing is necessary to perform a contract with you, like the Terms of Service; and
  • Our legitimate business interests, such as in improving, personalising, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described in the How We Use Information section.

 

HOW TO EXERCISE YOUR LEGAL RIGHTS

Please review the Your Rights To Access and Control Your Personal Data section for how your account settings and tools allow you to exercise your rights under the GDPR to access and control your personal data.

 

In addition to the various controls that we offer, in certain circumstances, you can seek to restrict our processing of your data, or object to our processing of your data based on our legitimate interests, including as described in the How We Use Information section. Under the GDPR, you have a general right to object to the use of your information for direct marketing purposes. Please see your notification settings to control our marketing communications to you about Fitbit products. Our Cookie Use statement describes your options for controlling how we and our partners use cookies and similar technologies for advertising. Please note that you can always delete your account at any time.

 

CALIFORNIA PRIVACY DISCLOSURES

If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act ("CCPA").

 

HOW TO EXERCISE YOUR LEGAL RIGHTS

You have the right to understand how we collect, use, and disclose your personal information, to access your information, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights using your account settings and tools as described in the Your Rights To Access and Control Your Personal Data section, for example:

 

  • By logging into your account and using your account settings, you may exercise your right to access your personal information and to understand how we collect, use, and disclose it. Learn more here.
  • Your account settings also let you exercise your right to delete personal information. Learn more here.

 

If you need further assistance regarding your rights, please contact our Data Protection Officer at data-protection-office@fitbit.com, and we will consider your request in accordance with applicable laws.

 

CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES

As described in the Information We Collect section, we collect the categories of personal information listed below. We receive this information from you, your device, your use of the Services, your coach if you use our Live Coaching Services, third parties (like the other services you have connected to your Fitbit account, or your employer or insurance company if they offer you Fitbit Services as an employee or customer), and as otherwise described in this policy. We use and disclose these categories of information for the business purposes described in the How We Use Information and How Information Is Shared sections, respectively. The categories are:

 

  • Identifiers, like your name or username, email address, mailing address, phone number, IP address, account ID, device ID, cookie ID, and other similar identifiers.
  • Demographic information, such as your gender, age, health information, and physical characteristics or description, which may be protected by law.
  • Commercial information, including your payment information and records of the Services or devices you purchased, obtained, or considered (for example, if you added them to your shopping cart on the Fitbit online store but did not purchase them).
  • Biometric information, such as your exercise, activity, sleep, or health data, including the number of steps you take, distance traveled, calories burned, weight, heart rate, sleep stages, active minutes, female health data, Live Coaching Services data, and any similar information to which you grant us access from another service.
  • Internet or other electronic network activity information, such as the usage data we receive when you access or use our Services. This includes information about your interactions with the Services and about the devices and computers you use to access the Services.
  • Geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs, if you have granted us access to that information.
  • Electronic, visual, or similar information, such as your profile photo or other photos.
  • Professional or employment related information, including any information (like your name, email address, or similar information) that your employer provides to us so that we can invite you to participate in or determine your eligibility for Fitbit Services that they offer to their employees.
  • Other information that you provide, including account information such as your biography or country; information for features of the Services, for example, an alarm, information about your friends, and logs for food, weight, sleep, water, or female health tracking; Live Coaching Services data (provided by you or your coach); messages on the Services; and information recorded by your device which may vary depending on the device you use.
  • Inferences drawn from any of the above, including the number of calories you burned, distance you traveled, sleep insights, and personalised exercise and activity goals.
     

We never sell the personal information of our users. We do work with partners who provide us with advertising services as described in the Analytics and Advertising Services Provided By Others section. To learn more about how these partners collect data and your options for controlling the use of your information for interest-based advertising, please read our Cookie Use statement