Privacy Policy
for E. I. Cardio Trainer
Effective as of August 19, 2024
Effective as of August 19, 2024
This Privacy Policy ("Policy") applies to the application known as “E. I. Cardio Trainer”, here by referred to in this document as the “App”, and its creator Art of The Falling, here by referred to in this document as the "App Creator"). It governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the creator include www.ArtOfTheFalling.com. The App is a tool created to help people of any age with exercise intolerance, especially due to POTS (Post Orthostatic Tachycardia Syndrome) and/or OI (Orthostatic Intolerance), complete an exercise program such as the CHOP (Children’s Hospital of Philadelphia) Modified Texas POTS exercise program and/or any exercise program based on the Levine Protocol. By using the App, you consent to the data practices described in this statement.
The App Creator does not collect any personal information about you unless you voluntarily provide it to us and only if the App Creator requests it. Users (such as you) are under no obligation to provide any personal information or personally identifying information as a condition of using the App. The App’s core functionality does require users to provide age information and a value for Resting Heart Rate which is necessary to structure and complete any exercise intolerance program. Additionally, users of the App may elect to link the App with Fitness Machine equipment and/or a Heart Rate Monitor during workouts hosted in the App. Such actions are actually encouraged and the App does record data from those linked machines. Age, birthdate (if given), heart rate measurements, fitness machine data, and any information derived from these is only stored inside the App itself and it is not sent to the App Creator nor is it shared with third parties. As the App is ad supported, age information is ALSO used by the App to filter ads from third party advertising partners to ensure young users are not delivered ads deemed inappropriate for their age group. The App provides a way to clear this data and removal of the App will also remove this data.
However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services; (f) participating in optional research studies. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future
The App Creator does not sell, rent, or lease its customer lists to third parties. Further, unless you provide it directly, the App Creator does not know the identity or any identifying information about the App’s users.
The App Creator may share volunteered data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the App Creator, and they are required to maintain the confidentiality of your information.
The App Creator may disclose your volunteered personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the App Creator or the App Creator’s website; (b) protect and defend the rights or property of the App Creator; and/or (c) act under exigent circumstances to protect the personal safety of users, of the App Creator, affiliates of the App Creator, or the public.
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete any personal information you voluntarily provided us from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and enables solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the inform:
If you have established email communication with the App Creator in which you receive periodic emails, such as a mailing list, and would like to terminate this form of communication, send one final email to …
cancelPeriodicEmails@artofthefalling.com
… and in that email state “I do not wish to receive periodic emails from Art of the Falling” and upon processing of that request periodic emails from the App Creator will no longer be sent to you.
Note that if you do need to reach out to the App Creator after canceling periodic emails and you do so via emails the App Creator will reply via an email. Doing so will NOT UNDO your cancellation of periodic emails
The App Creator reserves the right to change this Policy from time to time. For example, when there are changes in our services, changes in our data protection practices, or changes in the law. When changes to this Policy are significant, we will inform you. You may receive a notice of changes in the App, by sending an email to a voluntarily provided primary email address, and/or by placing a prominent notice on our website. Your continued use of the App and/or services available after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by that Policy.
The App Creator welcomes your questions or comments regarding this Policy. If you believe that the App Creator has not adhered to this Policy, please contact the App Creator by emailing: