Privacy Policy

Wunup Privacy Notice

Welcome to Wunup’s Privacy Notice. Wunup respects your privacy and is committed to protecting your personal data.

Date Last Modified: 02/21, 2024

Wunup services, including (without limitation) our mobile application, website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Wunup LLC (referred to in this Privacy Notice as “Wunup” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Wunup may collect, how Wunup uses and safeguards that information, and with whom we may share it.

Wunup encourages customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Wunup by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Wunup may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS OF OUR TERMS AND CONDITIONS (the “Terms and Conditions”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS AND CONDITIONS, PLEASE DO NOT USE ANY OF THE SERVICES.

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those using the Service includes the following categories:

Name and contact information (e.g., phone number; email);
Current and past challenge information and history (e.g., number and types of challenges, rewards information, challenge performance metrics or other identifiers, etc.);
Geographic or location information (e.g., geolocation data, for purposes of determining eligibility for use of certain features);
Fitness, health and performance information supplied by third-party partners, and only to the extent associated with Wunup challenges (e.g., steps counts, distance travelled, calories burned, etc.);
Information provided by you when using interactive features of the Service;
Information in the “Cookies, Device Data, and How it is Used” Section below, to the extent such information is defined as personal information under the laws of a particular jurisdiction;
Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.

Not all information included here is required to use all parts of the Service and you will be informed when disclosure of certain data is voluntary. For instance, your location may be required for features involving certain types of rewards, but not for challenges created without use of those features. Note that we do not track your device location while you are not using the Services. Please also note that certain information you provide may be publicly visible to other users. For example, if you are engaged in a group challenge, all other challenge members will be able to see your number and leaderboard performance.

When you make a payment as part of using the Wunup Service, you may provide payment information such as your payment card or other payment details. We use third-party payment services and we do not store your credit card information.

Where required by law, your explicit consent to collection, processing, or transferring of certain sensitive personal data will be obtained. Appropriate security and protection measures will be deployed that will be congruent with the nature and risks associated with the data and processing activities.

In addition, certain information collected here (including challenge and rewards activity history) as well as “User Generated Content” may be anonymized and retained by Wunup as described in the section “How long does Wunup retain your personal information?”

Collection of User Generated Content

Wunup may allow you to post content on the Service, including content relating to the performance of challenges and any associated rewards, reviews of the Service, and any other information that you would like to be available on the Service, which may also become public (“User Generated Content”).

If you post User Generated Content, all of the information that you post will be available to authorized personnel of Wunup and may be made available to the public at our discretion. You expressly acknowledge and agree that we may access in real-time, record, and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, app stores, and other similar channels, we may share that review, recommendation, endorsement, or content publicly on the Service.

What are the sources of personal information collected by Wunup?

When providing personal information to Wunup as described in this Notice, that personal information is primarily collected (i) directly from you, and you will know the precise personal information being collected by us or our third-party payment processor partners, or (ii) indirectly from you via third-party health and activity information tracking services over which you have control, and you will control the extent of collection through your fitness challenge creation or joining decisions. Wunup does not typically collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used,” if and to the extent the information in that section is considered personal information.

Third-party partners (e.g., iOS Health, etc.) may provide information to us in connection with our implementation of its challenges. This information, at the times and to the extent that it is not under the control of Wunup, is subject to the privacy policies of those suppliers. Users must review and separately agree to such third party privacy policies, recognizing that the use of such information by Wunup may be essential to the player’s eligibility to participate in a challenge and earn rewards.

In certain limited circumstances, third-party service providers may collect information on behalf of Wunup (such as rewards and challenge account balances and status), though such collection will always be within the context of the Service. Wunup may also automatically collect certain information as described in the section titled “Cookies, Device Data, and How it is Used,” if and to the extent the information in that section is considered personal information. In particular, we may collect personal and non-personal information through the following additional channels:

Our own cookies on our website;
3rd party cookies on our website;
Social media networks;
3rd party software applications.

How does Wunup use personal information?

Subject to the terms of this Privacy Notice, Wunup uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

to administer the Service to you, including showing you challenge leaderboards, challenge history, and rewards activity;
to respond to your requests;
to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
to send to you Wunup solicitations, product announcements, and the like that we feel may be of interest to you;
to notify you about changes to this Privacy Notice;
to allow you to participate in surveys or provide testimonials;
to improve the Service and your experience with the Service; and
to carry out Wunup’s obligations and enforce rights arising from any contracts between you and Wunup.

Wunup does not sell, re-sell, or distribute for re-sale your personal information. Wunup may anonymize and aggregate your data as described in the section “How long does Wunup retain your personal information?”

How does Wunup share your Personal Information with others or third parties?

There are certain instances in which Wunup shares your information with other users and with third parties to enable delivery of the Services. For example, your name may appear on a challenge leaderboard, and Wunup will instruct our third-party payment processing partners following completion of challenges with financial rewards.

Additionally, we may provide any of the described categories of personal information to Wunup employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice. Third parties receiving personal information may include:

Third-party vendors or service providers providing crucial services and necessary to provide the Service;
Business partners, contractors, channel partners, or other affiliated entities;
Government agencies or other parties in response to legal process or other requests, where permitted by law.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms and Conditions, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service, or to protect any user’s security or the security of other persons, consistent with applicable laws; (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a securities offering, merger, divestiture, acquisition, bankruptcy, reorganization, liquidation or sale of all or a portion of our assets.

How does Wunup use direct marketing communications?

We may communicate with you using email, SMS, push notifications, or calling machines as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You may have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive marketing correspondence, emails, or other communications from us, you may opt-out by selecting unsubscribe.

Please note that you will not be able to opt-out of all communication from Wunup. In particular, where we must share transactional or other critical, non-marketing communication with you, you may not have the option to opt-out.

We may use third party marketing providers to market or promote our products and services. If you no longer wish to receive emails, SMSs, or other communications from such third parties, you are responsible for contacting the third party directly.

How long does Wunup retain your personal information?

Wunup will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Wunup will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Wunup may aggregate and de-identify your personal information in order to make it available via the service to other users of the Service. For example, Wunup may offer aggregated statistics and challenge information as a part of its Services, and, while you may enter that information initially as a part of your use of the Service, Wunup uses such anonymized data to provide useful information to you and other users about challenges and other usage behavior. Such anonymized data is not limited by these retention periods as it is no longer considered personal information. Anonymized or aggregated data is not identifiable and cannot be connected back to you. Wunup may also use anonymized data for certain internal processes such as to improve the Service.

Cookies, Device Data, and How it is Used

When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. Wunup uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies:

Domain name
Browser or device type and operating system
Web pages you view
Links you click
IP address
The length of time you visit the Services
The referring URL or the webpage that led you to the Sites

We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).

In addition, we may use "cookies," clear gifs, and log file information that help us determine the type of content and pages to which you link, the length of time you spend at any particular area of the Service, and the portion of the Service you choose to use. A cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. A cookie contains limited information, usually a unique identifier and the name of the site. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Our cookies do not execute any code or virus; and they do not contain any personal information. Cookies allow Wunup to serve you better and more efficiently, and to personalize your experience with the Service. We may use cookies for many purposes, including (without limitation) to save your password so you don’t have to re-enter it each time you visit the Service, and to deliver content (which may include third party advertisements) specific to your interests.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of the Service. We may permit these service providers to use cookies and other technologies to perform these services for Wunup. We do not share any personal information about our customers with these third-party service providers.

International Data Transfer

If you are located outside the United States, in particular if you are located in Canada, Brazil, the European Union (“EU”), the European Economic Area (“EEA”), New Zealand, the Republic of South Africa, Switzerland, the United Kingdom, or other countries with similar data privacy laws, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will make efforts to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By using our Service, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

Certain State Privacy Rights

Depending on the state in which you reside, you may have certain privacy rights regarding your personal data. Please note, however, that depending on where you reside, your relationship with Wunup, and/or the way in which Wunup is regulated in your state of residence, you may not have opportunity to avail yourself of all the privacy rights listed here or available to you under the law. If you would like to exercise your legal rights, please contact us at Blake.Richards@wunup.app We will process your request in accordance with any applicable legal requirements.

California Shine the Light Law

We do not disclose Personal Data (referred to as “personal information” under certain state laws, including California and Nevada) obtained through our Service to third-parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

Notice to Nevada Residents

Nevada law allows Nevada residents to opt-out of the sale of certain types of Personal Data. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of Personal Data for monetary consideration to another person. We do not currently sell Personal Data as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests for these purposes may be sent to Blake.Richards@wunup.app.

Information Security and User Responsibility

We employ security measures designed to protect the security of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

Connecting the Service With Other Smart Devices

You may be permitted to connect certain smart devices, such as your Apple Watch, with the Service to capture health data, track your activity, or utilize other similar features available on your device. To connect the Service to your device, you will be required to consent to such connection through your applicable application store. Wunup does not have access to the data your device collects outside of the context of a Wunup-sponsored fitness challenge, and you should review the privacy notices or terms associated with such devices for specific information about the data sharing.

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Wunup is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

You hereby acknowledge and agree that Wunup is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Wunup from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Children’s Privacy

At this time, the Service is not intended for individuals under the age of 18, and by using the Service you are explicitly affirming you are at least 18 years old. Wunup does not knowingly collect the personal information of children under the age of 13. If you believe that Wunup might have information from or about a child under the age of 13, please contact us at Blake.Richards@wunup.app.

Changes to this Privacy Notice

Wunup reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Wunup will post the revised Notice on our website. This Privacy Notice was last modified as of the date displayed at the top of the notice.

If you have any questions or comments about this Privacy Notice or the Service provided by Wunup, please contact us at: Blake.Richards@wunup.app.