Privacy Policy | Dialed Resistance

Protecting your private information is our priority. This Statement of Privacy applies to Dialed Resistance, and Flamingo Bananas LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Flamingo Bananas LLC or Dialed Resistance include DialedResistance.com (https://www.dialedresistance.com/) (the "Site") which is composed of various web pages operated by Flamingo Bananas LLC, use of the Resistance Level Monitor and other offered products (the “Products) and use of the Dialed Resistance fitness application along with any other Flamingo Bananas LLC controlled APIs or services (the “Services”). The Dialed Resistance application is a fitness application. By using the Dialed Resistance application, you consent to the data practices described in this statement.

Collection of your Personal Information
In order to provide you with products and services offered, Dialed Resistance may collect personally identifiable information such as your Email Address, Payment Information, Billing Address, Shipping Address, and Name.

We do not collect any personal identifiable information about you unless you voluntarily provide it to us. 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) submitting feedback or support requests. 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.

Dialed Resistance may also collect anonymized data such as Profile Settings, Workout Metrics, Calibration Values, Bug Reports, and App Usage Activity. We do not collect or store your Profile Name. Profile names are used only for your internal reference.

Use of your Personal Information
We may use your Personal Information for the following purposes (for which examples are provided but usage is not limited to those examples).
To provide you with the Services
Setup profiles, collect payment, deliver goods, communicate via email
To communicate with you
Provide support services, respond to feature requests, account management or administrative matters
To send you marketing
Contact my email, sms, or push notifications with information about product availability, promotional pricing, new products, news, events, as applicable by law.
For analytics, research, and product and Service improvement purposes
Collection of anonymous fitness or workout information to improve the calibration processes, methods for tracking fitness changes, methods for displaying and communicating fitness information within the app
device information for crashes or bug reports
using fitness, ride metric, or demographic data in anonymized and aggregate forms to track calibration accuracy, fitness changes over time, or app usage data for purposes of public communication about performance of the technology.
To comply with any applicable law and/or regulations
Information may be needed to reply to legal, government, or regulatory requests.
For any other lawful business purpose
Including any incidental business purpose related to or in connection with any of the above, or for any other purpose disclosed to you at the point at which we collect your personal information.
.

Sharing Information with Third Parties
Dialed Resistance does not sell, rent or lease its customer lists to third parties.

Dialed Resistance may share data with our trusted third parties who may provide services such as IT services, statistical analysis, send you email or postal mail, provide customer support, process payments, store account information, arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Dialed Resistance, and they are required to maintain the confidentiality of your information.

Dialed Resistance may disclose your 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 Dialed Resistance or the site; (b) protect and defend the rights or property of Dialed Resistance; and/or (c) act under exigent circumstances to protect the personal safety of users of Dialed Resistance, or the public.

Sharing Information with Potential Buyers (and their agents and advisors)
We may share your personal information with actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, provided that we inform the buyer or transferee that it must use your personal information only for the purposes disclosed in this Privacy Policy.

Security of your Personal Information
Dialed Resistance secures your personal information from unauthorized access, use, or disclosure. Dialed Resistance uses 3rd party providers that use the following methods for this purpose:

- Data encryption using HTTPS, TLS 1.2 and above
- SSL
- PCI DSS Level 1 certification
- Soc 2 Type 2 certification

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information 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 in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• 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 law;
• 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 privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable 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 information.

Children Under Thirteen
Dialed Resistance does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this application.

E-mail Communications
From time to time, Dialed Resistance may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Dialed Resistance or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from Dialed Resistance, you may opt out of such communications by clicking on the Unsubscribe button at the footer of promotional, marketing, or newsletter emails..

External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Changes to this Statement
Dialed Resistance reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our application, and/or by updating any privacy information. Your continued use of the application and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information
Dialed Resistance welcomes your questions or comments regarding this Statement of Privacy. If you believe that Dialed Resistance has not adhered to this Statement, please contact Dialed
Resistance at:

Dialed Resistance
2000 S. Santiam Highway #1041
Albany, Oregon 97322

Email Address:
all-things@dialedresistance.com