Privacy Policy
Effective: 13 December 2019
Scope of this Policy
‍Thunderpod, Inc. ("Thunderpod", "we", "us", or "our",) understands you, ("User", "you", "your") care how information about you is collected and used. Thunderpod is committed to protecting the privacy of individuals who interact with us. This Privacy Policy (“Privacy Policy”) describes our privacy practices for our websites, services, and apps that link to this policy. This policy also details our privacy practices related to Thunderpod marketing and advertising practices.
Thunderpod is an online performance management tool. We provide the Thunderpod platform and related support, professional services, and other services to our customers. In this Privacy Policy, we will refer to the Thunderpod platform and related applications (including mobile apps) and services, as well as any website where this Privacy Policy is displayed, collectively as our “Services.” We will refer to our emails and other marketing and advertising practices collectively as our “Communications.”
For the purpose of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable natural person.
Thunderpod Services
We provide Services to our customers. As part of the Services, customer data and content may be stored on our computer systems. As our customer, when you use our Services to process data and content you have collected, you control the data and content you collect, what data and content are loaded into and stored by the Services, and how the data and content are used. The collection, use, transfer, and retention of customer data and content in our Services are governed by our Terms of Service, not this Privacy Policy. As a data processor, we will cooperate with you in your efforts to control your data and content.
Information Collected and Used by Thunderpod
Personal Data collected for the following purposes and using the following services:
Analytics
Facebook analytics, Gamespark analytics, and Google analytics are used to track user data. Personal data, usage data, and other types of data as specified in the privacy policy of the services are used.
Contacting the user
Mailing lists, newsletters, and contact forms are used to contact the user. Personal data like country, date of birth, email address, first name, gender, last name, and phone number are used. This application may also send push notifications to the users.
Hosting, backend infrastructure, and database management
Gamespark and AWS services are used for hosting, backend infrastructure, and database management. Personal data, usage data, and other types of data as specified in the privacy policy of the services are used.
Registration and authentication
The user can choose to authenticate using Facebook, phone number, and Email id to use the services. Personal data, usage data, and other types of data as specified in the privacy policy of the services are used.
Access to third-party accounts
Google fit account access will be required to track the user steps. Facebook account access will be required only if you choose to authenticate using Facebook.Personal data, usage data, and other types of data as specified in the privacy policy of the services are used.
Advertising
Third-party advertising service providers might collect personal information, cookies and other data as specified in the privacy policy of the service.
Payments
Third-party Payment gateway might collect personal information, cookies and other data as specified in the privacy policy of the service.
Device permission for personal data access
Motion sensors permission, push notification permission, photo access permission, Camera permission would be asked from the user.
Data transfer outside the EU
Personal data and other types of data transfer abroad based on standard contractual clauses.
Workout data collection
Thunderpod collects your workout data to enhance your experience and present you with statistics of your performances and progression. The collected data is not shared whatsoever with any third party. You have the right to request a portable copy of the data we collect. You have the right to erase all data related to you. You also have the right to exclude yourself from analytics. In order to do either of those send us an email to support@thunderpod.com
Workout Videos
Our pose estimation computer vision analyzes the videos from your phone in order to provide you with personalized feedback. It is based on machine learning, meaning it becomes better the more data it gathers. Therefore, we collect your pictures in order to make our algorithm more precise. You may choose at any time to get a portable copy of those videos or have them deleted. To do so, send us an email to support@thunderpod.com. Videos are not used whatsoever and not shared with any third party.
Programs
For the purposes of this Privacy Notice, Thunderpod’s definition of Personal Information is information that can be used to identify a particular individual. Note that certain information may not be Personal Information until it is combined with other identifying information; for the duration, this information is combined, Thunderpod will treat it as Personal Information.
The following is a list of the types of information that Thunderpod may collect through its Program(s). Please note that the types of information collected about you will depend on the particular program you are using and the activities in which you participate.
  • Name
  • Gender
  • Address
  • Contact details
  • Date of birth
  • Height
  • Weight
  • Program enrollment or Program registration date
  • Professional or employment-related information, such as company name, job level, functional role, and title
  • Reporting classifications (e.g. at which branch location you are employed)
  • A unique ID (e.g. your employee ID or SSN)
  • Dependents / Spouse / Partner (if applicable)
  • Eligibility start and end date data (if relevant)
  • Cookies
  • Log data including IP address
  • Answers to questionnaires about your health and well-being
  • Program engagement information
  • Survey responses, commentary, or feedback you give on POV or Thunderpod Applications; or otherwise provide to Thunderpod
  • Reward partner engagement if authorized
  • Devices’ information such as the type of device, operating system, data that you have synched, which may include health and fitness-related information and location data if you have consented to this data synching
  • Details of rewards you have earned and your reward redemptions
  • Financial information such as transactions and payment details
  • Health information including biometrics and medical conditions
  • Additional information provided by you through online form submission or by otherwise contacting Thunderpod
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT-enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. An updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
  • Users have given their consent for one or more specific purposes. Note: Under some legislations, the Owner may be allowed to process Personal Data until the User objects to such processing ("opt-out"), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • Processing is necessary for compliance with a legal obligation to which the Owner is subject;
  • Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
  • Processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located. Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data. Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data. If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.Therefore:
  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Registration and authentication, Hosting, backend infrastructure, and database management, Contacting the User, Analytics, Handling payments, Advertising, Access to third party accounts, Device permissions and Data transfer outside the EU. Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Information security and storage
We understand that the security of your Personal Information is important. We implement reasonable administrative, technical, and physical security controls designed to protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, despite our efforts, no security controls are completely effective and we cannot ensure or warrant the security of your Personal Information. Your Personal Information and data files are stored on our servers and the servers of companies we hire to provide services to us. We will retain your Personal Information for as long as necessary to provide you with the websites and Services you use, as needed to comply with our legal obligations and legal rights including to prevent fraud or enforce our agreements, and for our internal business reasons such as maintenance of our archive and backup systems for a period after your use of our websites and Services ends. We retain aggregate information beyond this time for research purposes and to help us to develop and improve our services.
Cross-border data transfers
Your Personal Information may be transferred to and stored in the United States or transferred to other countries where the companies we work with to help us run our business are located. In order to use our websites and services, you authorize Thunderpod to transfer your personal information across national borders. Certain of these countries may not have the same data protection laws as the country in which you initially provided the information including, where relevant, data protection laws in Europe. When we transfer your Personal Information, we will take appropriate steps to ensure your privacy rights continue to be protected.
European Union data protection
Residents in the European Union are entitled to certain rights with respect to Personal Information that we hold about them under the General Data Protection Regulation (GDPR).
  • Right of access and portability. The right to obtain access to your Personal Information, along with certain related information, and to receive that information in a commonly used format and to have it transferred to another data controller;
  • Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that personal information is inaccurate or incomplete;
  • Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed;
  • Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information;
  • Right to object. The right to object, on grounds relating to your particular situation, to the processing of your Personal Information, and to object to the processing of your Personal Information for direct marketing purposes, to the extent it is related to such direct marketing.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority.
A list of supervisory authorities is available here:
http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Since we cater to customers that are organizations and we process Personal Information on their behalf as a data processor, any requests to remove or export Personal Information has to be routed through the Services administrators of the organization, if the data subject is a user of one of our customers. Customer administrators can email us at support@Thunderpod.com for assistance.
If you need further assistance regarding your rights, please email us at support@Thunderpod.com we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
Children's Privacy
Persons under the age of 18, or any other age prescribed under applicable laws "Minor" where that Minor resides, are not permitted to create accounts unless their parent or legal guardian has consented, in writing, in accordance with applicable law. If we learn that we have collected the personal information of a Minor under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. Parents or legal guardian of Minor(s) who believe that their child has submitted personal information to us and would like to have it deleted may contact us at support@thunderpod.com.
Residents of California
If you are a California resident, you can request a notice disclosing the categories of personal data about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. Note that we do not currently share any information with third parties for their own direct marketing purposes. To request this notice, please submit your request to support@thunderpod.com. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.
The rights of Users
Users may exercise certain statutory rights regarding their Data processed by the Thunderpod. In particular, Users have the right to do the following:
  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of, or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection. Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
Additional information about Data collection and processing
Legal action
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
Sharing and Disclosure of Personal Data
Owner will only disclose or share User information for the following purposes:
  1. User’s Request: Owner will share all User Data based on the User’s request and instructions.
  2. Project Collaboration: Users can create content, which may contain information about themselves or other Users, and grant permission to others to see, share, edit, copy, and download that content. Some of the collaboration features of the Services display some or all of your profile information to other Service Users when you share or interact with specific content. Similarly, when Users join a project, your name, profile picture, and contact information will be displayed in a list for other project members so they can find and interact with you.
  3. Legal Compliance: If requested by legal Authority, Owner may disclose User information that we determine to be in accordance or required by any applicable law
  4. Enforcement: Owner also reserves the right to disclose User information to investigate, prevent, or take action against illegal activities, suspected fraud, or situations involving a physical threat to any such persons.
  5. Consent: Owner may share User information with other 3rd parties in instances when we have Users’ consent to do so.
  6. Third-Party Service Providers and Partners: Owner works with third-party service providers and partners to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for Owner, which may require them to access or use User information. If a service provider needs to access information about Users to perform services on Owner’s behalf, they do so under instruction from Owner, including abiding by policies and procedures designed to protect User information. Owner will have certain liability under the Privacy Shield (please see below) if both 1) the 3rd Party Partner processes any personal data in a manner inconsistent with the Privacy Shield and 2) Owner is responsible for the event giving rise to the damage. Please check this page for a list of Owner's partners.
  7. Services Users link to their account: Owner receives information when Users enable any 3rd party apps or integrate a 3rd party service with our Services. For example, if Users log into our Services using your Google credentials, Owner will receive your name and email address as permitted by User’s Google profile settings for authentication purposes. Users and project members may also integrate our Services with other 3rd party services to allow you to access, store, share and/or edit content from a 3rd party through our Services. For example, Users might authorize our Services to access and display files from a 3rd party document-sharing service within the Owner. Information that Owner receives when Users link or integrate our Services with a 3rd party service depends on the settings, permissions, and privacy policy controlled by that 3rd party service. We strongly suggest that Users thoroughly review privacy settings and ToS from any 3rd party services in order to fully understand what type of data may be disclosed or shared with the Owner.
  8. Operational Partners: Owner works with 3rd parties who provide billing, support technical services to deliver and implement solutions to our Users. Owner may share User information with these 3rd parties in connection with their services, such as to assist with billing cycles, to provide localized support, and to provide customizations work. Owner may also share information with these 3rd parties where Users have granted Consent to share any information, for example, technical support services.
  9. 3rd Party apps: Users may choose to add new functionality by enabling 3rd party apps to Owner’s Services. In doing Users may be providing these 3rd party apps access to personal information about you such as name, email address, and project data you choose to use in connection with those apps. 3rd party app’s Privacy Policies and ToS are not controlled by Owner, and Owner’s Privacy Policy does not extend coverage for any 3rd party apps and how they handle your personal information. Owner strongly encourages Users to review all 3rd Party Privacy Policies and ToS before connecting them to our Services. If Users object to information being shared with these 3rd parties, please disable the app immediately.
  10. Links to 3rd Party Sites: Owner’s Services may include links that direct you to other websites or services whose privacy practices may differ from ours. What you submit to these 3rd party sites are governed under their Privacy Policies and is not covered by Owner’s Privacy Policies.
  11. 3rd Party Widgets: Our Services may contain widgets and social media features, e.g. the Twitter "tweet" button. These widgets and features collect your IP address, and may set a cookie to enable the feature to properly function. Widgets and social media features are either hosted by a 3rd party or hosted directly on our Services. User’s interactions with these features are governed by the privacy policy of the company providing it and not governed by Owner’s Privacy Policy.
  12. The operations of Owner does require our employees to have access to systems which store and process User Data. This primarily serves the purpose of problem diagnostic or troubleshooting. For example, in order to diagnose a problem Users may have with Owner services, our Employees may need access to your User Data. All employees are prohibited from viewing User Data for any reasons unless absolutely necessary to do so.
System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
How “Do Not Track” requests are handled
This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Definitions and legal references
Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Usage Data
Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User
The individual using this Application who, unless otherwise specified, coincides with the Data Subject.
Data Subject
The natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Thunderpod Inc of this Application.
The application and web service
The means by which the Personal Data of the User is collected and processed.
Service
The service provided by this Application is described in the relative terms (if available) and on this site/application.
European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Cookies
Small sets of data stored in the User's device.

Legal information
Thunderpod complies with the California Consumer Privacy Act (referred to in this Privacy Policy as "CCPA") as set forth by the State of California. If the CCPA applies to your personal information this Privacy Policy provides you with information regarding how to receive information about our privacy practices, as well as request access to, and deletion of, your personal information.
Thunderpod does not sell the personal information we collect. We only share your personal information as described in this Privacy Policy. For detailed information about the personal information we collect, and the categories of sources of such information, please see the Privacy Policy. We collect this information for business purposes set forth in the Privacy Policy. We share this information with the categories of third parties as set forth in the "Sharing and Disclosure of Information".
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
This privacy policy relates solely to this Application, if not stated otherwise within this document.
Contact us
For all data privacy inquiries and any questions or concerns you have about this Privacy Policy, please contact our data protection officer at support@thunderpod.com
Latest update: April 14, 2021