Paceline Privacy Policy

EFFECTIVE DATE: October 8, 2021

In this Privacy Policy (“Policy”), we describe how Tam(squared) Inc., doing business as Paceline (“Paceline,” “we,” “us,” or “our”) collects, uses, and discloses information that we obtain about visitors to our website www.hold.paceline.fit (the “Site”), users of our mobile Application (the “App”) and the services available through our Site and App, or any other services that link to this Policy, (collectively, the “Services”).

By using the Services, you agree that your personal information will be handled as described in this Policy. Your use of the Services is subject to this Policy and our Terms of Use.

Note that we never sell, rent, or lease your personal information.

Information We Collect

We collect information about you directly from you, from other data sources, and automatically through your use of the Services.

Information You Provide to Us

The information we collect from you depends on how you use our Services. To create an account, you must provide your name, email address, and link at least one of your financial accounts to your Paceline account. We may also ask you for your age, gender, workout and wellness activity and spending habits. Although you may choose not to provide such information to us, some features and functions of our Services may not work without this information.  For example, if you do not link your financial account to the Services, you cannot claim rewards. You may also upload a profile photo to your account.

If you sign up for early access to Paceline on our Site, we will collect your name, email address, and information about the types of wearable fitness devices and credit cards you use.

Your Wearable Device

With your consent, we will collect your physical activity information from your wearable device provider. This information includes all data output generated by such device, such as, your energy output, activity levels and time periods, meditation time, cycling distance, exercise minutes, heart rate, step counts, swimming distance, swimming strokes, walking and running distances, and workout period. We will also collect the following information if you have provided it to your wearable device provider: date of birth, height, sex, and weight. We will continue to collect information from your wearable device provider until you remove the wearable device from your Paceline account.  Depending on your specific wearable device, you may be able to adjust or opt-out of sharing all or some of your activity information.  Please see your device settings for details.

Your Financial Accounts

With your consent and in order to provide you with more relevant rewards, we will collect information about your financial account transactions from accounts that you link to your Paceline account through Plaid Inc. (“Plaid”).  To do so, you will need to enter your online credentials for your financial accounts with Plaid, and by doing so, you acknowledge and agree that the terms of Plaid’s Privacy Policy (currently located at https://plaid.com/legal/#end-user-privacy-policy), not this Policy, will govern Plaid’s use of such information, and you expressly agree to the terms and conditions of Plaid’s Privacy Policy. Further, you expressly grant Plaid the right, power, and authority to access and transmit your information as reasonably necessary for Plaid to provide the financial account linking services to you. Please note that Plaid is an independent third party.  Paceline has no control over Plaid’s use of your information. If you do not agree to Plaid’s use of your information, do not link your financial accounts to the Services through Plaid.

Once your financial account login information is verified by Plaid, we will collect up to 24 months of transaction information from the financial accounts you have linked to Plaid and agreed to provide to us.  The information we receive from the entities that maintain your accounts varies depending on the information made available by those entities – for example, if you have a checking and credit card account under the online banking login you provide, we will collect transaction information from both the checking and credit card accounts. Information we collect through this process typically includes the stores and merchants you purchase from, the amounts you spend, your account type, and your spending limit(s).  Please note that, with respect to financial accounts that you choose to link to your Paceline account through Plaid, we never see your full credit card number, your financial account credentials (username and password), or the specific item(s) that you purchase from a store or merchant. We also cannot make any changes to any accounts that you link to, cannot initiate transactions, or do anything other than view transaction information and account data.

We will continue to collect transaction information from your financial accounts until you unlink your financial accounts from your Paceline account.

Your Credit Card Rewards Program

If you apply and are approved to be a Paceline cardholder, we may receive information about you from our credit card processing and issuing partner or other rewards partners in connection with the administration of the credit card and credit card rewards program.  Information we may receive from those entities may include your name, the transactions you make, and whether your account is in good standing so that we are able to apply the appropriate credit card rewards to your Paceline account.  We will not have access to your full credit card number, account login credentials, or lists of the specific item(s) that you purchase from a store or merchant.

Location Information 

We and our service providers may collect location information through the Services. The type of location information we collect depends on your settings in the device you use to access the Services. If you access the Services on your mobile device or wearable device, we may directly collect precise geographic location information and sensor data via Global Positioning System (GPS), cellular network information, and other location-based features. You can turn off direct location collection (or, on some operating systems, continuous direct location collection) through your device settings or by deleting the mobile application from your device. Please note that even if you disable location collection through your device, we still may collect your IP address, which may contain certain limited location information.

Information We Collect Automatically

We automatically collect information about your use of our Services through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information. The information that we automatically collect may include:

  • Your domain name; your browser type and operating system;
  • Web pages you view and links you click on the Site;
  • Your internet protocol (IP) address;
  • The length of time you visit and use our Services in general;
  • The referring URL, or the webpage that led you to our Site.
  • Device name and model; operating system type, name, and version;
  • Mobile device ID and IP address;
  • Language information;
  • Location information, such as GPS information;
  • Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message;
  • Identifiers associated with cookies or other technologies that may uniquely identify your device or browser (as further described below); and
  • Activities within the App; and the length of time that you are logged into our App.

How We Use Your Information

In general, we collect information from you so that we can provide our services, operate our business, and provide information that you request from us. This includes the following uses and purposes:

Services

  • Provide, operate, improve, maintain, and protect our Services.
  • To provide our wellness program and Services to you.
  • Provide technical and other support.
  • To communicate with you about your use of our Services, to respond to your inquiries, to provide you with rewards that you earn, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to offer personalized fitness goals and activities and rewards for completing those goals/activities, to provide personalized help and instructions, and to otherwise personalize your experiences while using the Services.
  • To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Services are more (or least) used by users, and we will use this information to improve our Services.
  • To analyze user behaviors, including users’ fitness and consumer purchasing activities, to improve the Services and our reward offerings and reward incentives.
  • Conduct research and analysis, and monitor and analyze trends and usage.
  • Enhance or improve user experience, our business, and our services, including the safety and security thereof.
  • Detect, prevent, or otherwise address fraud, security or technical issues.

Marketing and Promotional Activities

  • To send you news and newsletters about Paceline, and to send you email marketing about our products and services and products and services we may jointly offer with our rewards or financial services partners.
  • To send you information about products and services of our affiliated entities and other entities that we think may be of interest to you, including our financial institution and rewards partners’ products and services.
  • To assist us in determining relevant advertising content and media.
  • To evaluate the success of our adverting campaigns (including our use of interest-based advertising and offline promotional campaigns).
  • To enter you into sweepstakes, contests, and promotions in accordance with your request (note that separate rules, terms, or privacy policies may apply).
  • To administer surveys and questionnaires, such as for market research or customer satisfaction purposes.

Legal Purposes

  • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • As necessary to comply with any applicable law, regulation, subpoena, legal process, or governmental request.
  • Enforce contracts and applicable Terms of Service, including investigation of potential violations thereof.
  • Detect, prevent, or otherwise address fraud, security or technical issues.
  • Protect against harm to the rights, property or safety of Paceline, our users, customers, or the public as required or permitted by law.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Service Providers. We disclose the information we collect from you to our service providers, contractors or agents who perform functions on our behalf.
  • Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries.
  • Financial Account Transaction Information. To provide us with access to your financial account transaction information, you will use the services of Plaid. When you agree to provide us with access to your financial account transaction information, you agree that Plaid will have access to your information, and its access to such information is covered by Plaid’s privacy policy, not this one. Please see the “Your Financial Accounts” section above for further details.
  • Other Users. If you connect with other users or “friends” through the Services, your activity information will be shared with such users. This information includes your general rewards, fitness goals, and activity information.  You may stop sharing your information with a user at any time by removing that user from your friend group. We never share your financial information with other users.  

We also disclose personal information in the following circumstances:

  • Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company.  As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and advisors, including attorneys and consultants.
  • In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
  • To Protect Us and Others.We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
  • With your Consent. We share information with companies, organizations and individuals outside of Paceline when we have your consent to do so.

Aggregate Information

We may de-identify or aggregate information so that you are not identified as an individual, and use and provide that information to third parties without restriction.  For example, we share aggregate and de-identified information about users with our rewards and financial services partners.  We may also provide aggregate usage information to third parties (or allow third parties to collect that information from you), who may use such information to understand how often and in what ways people use our services. However, we never disclose aggregate usage or de-identified information to a third party (or allow a third party to collect such information) in a manner that would identify you as an individual person.

Our Use of Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Services. We may combine this information with other personal information we collect from you (and our service providers may do so on our behalf).

Cookies.  Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Services.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your device’s hard drive, clear GIFs are embedded invisibly on web and application pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities of Site visitors and Services users, help us manage content, and compile statistics about Services usage. We and our service providers also use clear GIFs in HTML emails, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Cached Information. The App will automatically store information on your device’s hard drive about your use of the App and your preferences (“Cached Information”). We use Cached Information to enhance your experience on our App. If you delete the App from your device, Cached Information stored on the device will be deleted.

Analytics. We use automated devices and applications, such as Google Analytics and other analytics tools, to evaluate usage of our Services. We use these tools to help us improve Services’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track. Currently, our Services do not recognize browser “do-not-track” requests.

Links to Non-affiliated Websites

Our Services may contain links to websites and services operated by third-parties. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access To My Personal Information

You may modify, correct or delete personal information that you have submitted by contacting us at our Support page or by clicking here.  Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Services for a period of time.

What Choices Do I Have Regarding Promotional Emails?

We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out or unsubscribe instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of or unsubscribe from receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Children Under 13

Our Services are not designed for children under 13 and we do not knowingly collect information from children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.  If you are the parent of a child under the age of 13, and you believe he or she has shared information with us, please contact us at our Support page so that we can remove such information from our systems.

California Residents

Please click here for additional disclosures for California residents.

Nevada Residents

Nevada customers can opt out of the sale of their personal information.   We do not sell personal information today, and we do not have plans to sell personal information in the future.   However, Nevada customers have the legal right to opt out of the sale of their personal information, even if their information is not currently being sold.  You may opt out by emailing a request to: opt-out-nv@hold.paceline.fit.  In your request, please specify that you wish to “Opt-out of Sale of Personal Information in Nevada.”   Please allow 60 days for a response.

International Transfer

We are based in the United States, and our Services are hosted there.  If you are using our Services from another country, the laws governing our collection and use of information may be different from the laws of your country.  If you decide to use our Services, or share your information with us, you are agreeing to be governed by the laws of the United States, and agree to the transfer of your information to the United States.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at our Support page.

Changes to this Policy

We may make changes to this Policy from time to time. When we do, we will post the updated version on this page. We encourage you to read this page each time that you use our services so that you will be aware of any changes, and your continued use of our services shall constitute your acceptance of any such changes. Changes to this Policy take effect from the date of publication, unless stated otherwise.

116329694v.1