REIGN™ PRIVACY POLICY

 

This Reign™ Privacy Policy describes how Jaybird LLC, a Utah limited liability company (“Jaybird”) collects information from users of its Reign activity trackers, Go-Zone Pro services, and the website and mobile applications that interface with Reign activity trackers (collectively, the “Reign Services”), how Jaybird uses the information, and what choices users have on the collection, correction, and use of such information. This Privacy Policy applies only to the Reign Services; a different privacy policy applies to the general Jaybird website. When this Privacy Policy refers to Jaybird, we, or us, it includes Jaybird and its subsidiaries or affiliates.

Your use of the Reign Services constitutes acceptance of the terms of this Privacy Policy.

 

WE COLLECT CERTAIN TYPES OF PERSONALLY IDENTIFIABLE INFORMATION

We may collect various types of information, including personally identifiable information, from you in order to provide you with the Reign Services:

  • Information that you provide to us as you sign up for or update a user account, including your name, email address, secure password, date of birth, gender, height, weight, bedtime, and usual sleep duration.
  • Information that you provide to us as you use the Reign Services. For instance, this may include activity information, including details such as activity type, activity frequency, activity duration, and activity intensity.
  • If you opt to use Facebook Connect, publicly available information from your Facebook page, your Facebook credentials (including your user name, password, profile picture, and list of friends), and a timestamp of when you share data to Facebook. Activity, sleep, and Go-Zone data sent from your Reign activity tracker to the Reign mobile application on your phone.
  • Your geo-location sent from your phone.
  • Industry standard log data regarding your IP address, device operating system, use of the website and mobile applications, and browser details of the phone(s) and computer(s) you use to access your Reign user account.
  • Feedback, comments, or questions you communicate to us, including without limitation by telephone, mail, or email.

 

HOW WE USE AND DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION

We may use your personally identifiable information:

  • To provide you with the Reign Services.
  • For research purposes by Jaybird or Jaybird-selected research institutes.
  • To analyze usage of the Reign Services.
  • To make improvements to the Reign Services.
  • To communicate with you, as outlined below in “Email Communication.”
  • For troubleshooting and user support.
  • To provide you with personal recommendations.
  • To enforce our user policies.

 

In addition to the uses listed above, we may also disclose your personally identifiable information when we determine, at our sole discretion, that such disclosure is reasonable under the circumstances. This may include disclosure to protect Jaybird and its customers, to enforce our user policies and Terms and Conditions of Use[link], and to satisfy our obligations under the law, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for information. In addition, we may share your personally identifiable information with third parties with your consent or at your request, or you may cause your personally identifiable information to be shared with third parties, such as outlined below in “Third-Party Services.”

We may also provide your anonymous or anonymized, non-personally identifiable information to Jaybird-selected research institutes, to companies with which Jaybird has strategic, commercial, and/or other agreements and business relationships, and, as aggregated data, to other users of the Reign Services for general comparison purposes.

 

"COOKIES" AND HOW WE USE THEM

Part of the way that we collect information is through the use of cookies. A “cookie” is a small data file that can be placed on your hard drive when you visit a website, such as the Reign area of the Jaybird website. We may use cookies to collect, store, and track information. If you are a registered user, we may use a cookie to save your settings and to provide customized access. For example, we use cookies to store user preferences, to record session information, to record user-specific information on what pages users access or visit, to record past activity at a site to provide better service when users return to our site, to customize site content based on users’ browser type or other information that the user sends. These cookies do not enable third parties to access any of your information, unless they have access to your hard drive.

 

THIRD-PARTY SERVICES

You may elect to share your information with a third-party service such as Apple, MyFitnessPal, Facebook, Twitter, or Google. For instance, if you set up your Reign Service to sync with a third-party social media network application, your information may be shared with the social media network application. Should you choose to share your information with any third-party services, the third-party services will then have access to your information, subject to the third-party services’ policies over which Jaybird has no control. Jaybird takes no responsibility and shall have no liability with respect to any personally identifiable information or other information of any kind or nature that you chose to share with any third-party service(s).

 

INFORMATION ABOUT CHILDREN

We do not knowingly collect personally identifiable information from children under thirteen (13) years of age. If you are under thirteen, please do not provide us any personally identifiable information. If you have any reason to believe that someone under (13) thirteen may have provided us personally identifiable information, please inform us immediately.

 

DELETING OR CORRECTING YOUR INFORMATION

You may contact us to correct certain information we may have about you, by using the contact information below. In addition, if you choose to cancel your account, you may also request that we delete all your personally identifiable information by advising Jaybird support in writing at:

Jaybird, LLC
Attn: Reign Services
Suite A-111
3676 California Avenue
Salt Lake City, UT 84104

However, Jaybird will not have the obligation to delete, nor may you request that Jaybird delete, any anonymous or anonymized, non-personally identifiable information, and/or aggregated data, that Jaybird may have received and/or otherwise obtained from you.

 

EMAIL COMMUNICATIONS

We may send users various types of emails, including:

  • Automated reports regarding the Reign Services.
  • Automated notifications regarding the Reign Services.
  • Promotional emails from Jaybird.
  • Newsletters from Jaybird.
  • Technical troubleshooting and support.
  • Other email communications.

 

DATA SECURITY

The Reign Services have electronic security measures in place to try to protect against the loss, misuse, and alteration of the information under our control. Security measures are also in place at the physical facilities where our servers are located to try to protect against the loss, misuse, and alteration of information we have collected from you. While we will make every reasonable effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

We do not encrypt unsolicited e-mail, so you should avoid including personally identifiable information in any unsolicited e-mail that you send to us.

 

PRIVACY OUTSIDE OF THE US

Jaybird seeks to comply with the privacy laws of the United States. If you use the Reign Services from outside the United States, this Privacy Policy may not meet all local legal requirements.

 

REVISIONS TO OUR PRIVACY POLICY

Jaybird reserves the right to revise, amend, or modify this Privacy Policy and our other policies and agreements about your use of the Reign Services, at any time and in any manner. For example, there may be from time to time new, unanticipated uses of information collected through the Reign Services that were not previously disclosed in our Privacy Policy. If our Privacy Policy changes, we will post notice of the changes for a period of time and give you the opportunity to opt out of the new uses. You should check this Privacy Policy periodically for information on our current policies. The effective date of the most recently revised policy is shown at the bottom of this page.

 

GOVERNING LAW

This Privacy Policy is governed by and shall be construed in accordance with the laws of the State of Utah, USA, without reference to any of the choice of law provisions thereof.

 

 

REIGN™ TERMS AND CONDITIONS OF USE

THESE REIGN™ TERMS AND CONDITIONS OF USE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU, THE USER, AND JAYBIRD LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE REIGN WEBSITE, ANY REIGN APPLICATIONS, OR ANY REIGN SERVICES. IF YOU HAVE ALREADY PURCHASED A REIGN PRODUCT, AND YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY RETURN THE REIGN PRODUCT TO YOUR RETAILER IN ITS ORIGINAL CONDITION AND PACKAGING FOR A FULL REFUND.

Jaybird LLC, a Utah limited liability company (“Jaybird”) offers its Reign™ activity tracker (the “Reign Device”), online and mobile software applications that interface with the Reign Device, and a Go-Zone Pro Service that offers personalized support to users of the Reign Device and associate applications and services. Collectively, the Reign Device, software applications, Go-Zone Pro Service referenced above, and all other related services provided by Jaybird are referred to herein individually and collectively as the “Reign Services.” Full use of the Reign Services requires you to purchase or otherwise lawfully obtain a Reign Device, a compatible smartphone, Internet access at speeds compatible with the Reign Services, and the most recent version of the Jaybird Reign mobile application.

In exchange for your agreeing to and abiding by these Reign Terms and Conditions of Use (the “Terms of Use”), Jaybird grants you a non-exclusive limited license to use the Reign Services subject to these Terms of Use. By accessing or registering for the Reign Services, you agree to be bound by these Terms and Conditions of Use (“Terms of Use”).

Jaybird may change these Terms of Use at any time in its discretion. Your use of the Reign Services after Jaybird makes any such changes constitutes your acknowledgement and acceptance of the changes. Please review these Terms of Use regularly. If you do not agree to follow and be bound by these Terms of Use, you may not access or use the Reign Services in any way. We reserve the right to terminate your account for any reason, including if we determine you have violated these Terms of Use, at any time and with or without prior notice to you. If we terminate your account, your data will thereafter be inaccessible to you.

We may modify or discontinue the Reign Services in our sole discretion and at any time, with or without prior notice, without liability to you or any third party.

 

RESTRICTIONS ON USE

The Reign Services were designed to assist users in monitoring personal activity parameters. The Reign Services are not a medical device and do not give medical advice, nor are any Jaybird personnel providing Go-Zone Pro Services or other Reign Services medical doctors, nurses, or any other kind of health care professional. By electing to use the Reign Services, you agree to only use the Reign Services for their intended purposes.

The Reign Device and Reign Services are not intended for use by children under 13 years old. If you are under 13 years old, you may not use the Reign Device or the Reign Services.

 

WARNINGS AND PRECAUTIONS

INFORMATION DELIVERED THROUGH THE REIGN SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE OR TREAT ANY ILLNESS OR OTHER MEDICAL CONDITION. THE REIGN DEVICE IS NOT A MEDICAL DEVICE. IN THE EVENT OF A MEDICAL EMERGENCY, CALL A QUALIFIED HEALTH CARE PROFESSIONAL OR DIAL 911 AS APPROPRIATE.

CONSULT WITH YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE BEGINNING OR CHANGING ANY PHYSICAL ACTIVITY REGIME. You may only use the Reign Services if you are in good health or have approval to do so from your physician or another qualified health care professional.

Take your fitness level, health, and limitations into account when exercising. If you experience any pain or discomfort while engaging in any physical activity, stop and seek appropriate medical attention. Jaybird shall not have any responsibility or liability for any health problems or injuries that may occur as a result of your use of the Reign Services. Without limiting the generality of the foregoing, you agree that Jaybird has no responsibility or liability for any damages, death, or medical bills that may arise out of your use of the Reign Services.

 

INFORMATION PRESENTED BY JAYBIRD

While Jaybird tries to ensure maximum accuracy in all aspects of the Reign Services, no warranty is provided regarding the information presented. Reliance on the information provided by the Reign Services is at your own risk. Jaybird is not liable for any incorrect, ineffective, or unreliable information provided to you through Reign Services or for the misuse of any information it provides.

 

PRIVACY AND SECURITY

Use of the Reign Services is subject to the Reign Privacy Policy which is incorporated herein by this reference, as such Privacy Policy may be changed from time to time in Jaybird’s sole discretion.

It is your responsibility to securely store your email, password, and login credentials for the Reign Services. If another person gains access to your account, you may be held responsible for that person’s use of your account. As a result, you should notify us immediately if you learn that someone else has accessed your account without authorization. Jaybird will have no liability or responsibility for any activities that take place using your email, password, and login credentials.

The use and distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with the Reign Services is strictly prohibited.

Jaybird reserves the right to investigate any and all suspected violations of these Terms of Use and to take any and all necessary or appropriate actions to remedy such violations, including without limitation terminating your account, as Jaybird may determine in its sole discretion.

 

THIRD PARTY SERVICES

The Reign Services may link to, sync with, or otherwise interact with other services, websites, or applications that are not maintained by, or related to, Jaybird. For example, you may sync your use of the Reign Services with your Facebook account. Jaybird is not responsible for the content or services offered by such third-party providers. You access third-party content or services at your own risk and subject to the terms of use and privacy policies, if any, promulgated by the providers of the third-party content or services. Jaybird does not endorse any third-party content or service providers by allowing the Reign Services to interface with those third-party providers.

 

INTELLECTUAL PROPERTY

You acknowledge that the patents, trademarks, copyrights, and other intellectual property associated with the Reign Services, together with the Reign Services themselves, are the exclusive property of Jaybird and/or its subsidiaries, affiliates, and/or licensors. You agree not to infringe, misappropriate, or otherwise violate any intellectual property owned by Jaybird.

In particular, but without limitation, you may not use any product names, trade names, slogans, logos, and other trademarks and services marks associated with the Reign Services without the prior written authorization of Jaybird, except for the sole purpose of properly identifying products or services originating from Jaybird.

 

DATA OWNERSHIP

Jaybird owns all information collected through the Reign Services. As outlined in the Privacy Policy, however, if you choose to cancel your account, you may also request that we delete all your personally identifiable information by advising Jaybird support in writing at the mailing address listed below. However, Jaybird will not have the obligation to delete, nor may you request that Jaybird delete, any anonymous or anonymized, non-personally identifiable information, and/or aggregated data, that Jaybird may have received and/or otherwise obtained from you.

 

COMMUNICATION WITH JAYBIRD

Jaybird may contact you via email at all times. You agree to provide accurate information to the best of your knowledge in all written or verbal communications with Jaybird.

Contact Jaybird

By Mail:
Jaybird LLC
Suite A-111
3676 California Avenue
Salt Lake City, UT 84104 USA

By Phone:
1.866.244.3399

By Email:
jaybirdsport.com/support/

 

DISCLAIMERS

YOU USE THE REIGN SERVICES COMPLETELY AT YOUR OWN RISK, AND THE REIGN SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR OTHERWISE. JAYBIRD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS OF THE REIGN SERVICES WILL BE UNTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS, SERVERS, AND OTHER HARDWARE USED IN PROVIDING THE REIGN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAYBIRD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE REIGN SERVICES IN TERMS OF ACCURACY, RELIABILITY, EFFICACY, OR OTHERWISE. THE REIGN SERVICES MAY CONTAIN INACCURACIES OR ERRORS, AND JAYBIRD MAY MAKE IMPROVEMENTS AND/OR OTHER CHANGES TO THE REIGN SERVICES AT ANY TIME. YOU, AND NOT JAYBIRD, ASSUME THE ENTIRE LIABILITY AND COST OF ALL REPAIRS, CORRECTIONS, THERAPIES, TREATMENTS, AND SERVICES (HEALTHCARE AND OTHERWISE) NECESSITATED BY ANY LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM OR RELATING TO THE USE OF THE REIGN SERVICES. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE REIGN SERVICES WILL NOT INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE THE RIGHTS OF OTHERS, AND JAYBIRD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE REIGN SERVICES.

Actual results may differ materially from any forward-looking statements provided by the Reign Services. Any forward-looking statements may involve risks and uncertainties, whether medical, economic, regulatory, or otherwise, and they are made by Jaybird based on assumptions and estimates that Jaybird believes are reasonable but that are inherently uncertain and unpredictable.

 

LIMITATIONS ON LIABILITY

JAYBIRD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JAYBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JAYBIRD AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US $500 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO JAYBIRD FOR THE APPLICABLE CONTENTS, SERVICES, OR DEVICES OUT OF WHICH LIABILITY AROSE.

By using the Reign Services and accepting these Terms of Use, you hereby irrevocably and unconditionally waive and agree to release and hold harmless Jaybird, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, directors, and agents from any and all claims, causes of action, damages, judgments, liabilities, and expenses (including but not limited to costs and attorneys’ fees), regardless of the number and nature of the claims (whether arising in contract, tort, or otherwise), arising from or otherwise relating to any act or omission of Jaybird, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, directors, or agents or by any law enforcement authorities during or as a result of any investigations with respect to the use of the Reign Services.

 

INDEMNITY

You agree to defend, indemnify, and hold Jaybird, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, and contractors (collectively the “Indemnified Parties”) harmless from and against any and all claims, actions, causes of action (regardless of form and number), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees, including but not limited to those of the Indemnified Parties (“Claims”) arising from or otherwise relating to your violation of these Terms of Use. You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any and all Claims arising out of or otherwise relating to your use of any information or other services provided through the Reign Services and/or any information that you provide, that you cause to be provided, or that is provided on your behalf, to Jaybird.

 

MISCELLANEOUS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without reference to any of the choice of law provisions thereof. You specifically consent to personal jurisdiction in the State of Utah in connection with any disputes between you and Jaybird arising out of these Terms of Use or otherwise relating to the subject matter of these Terms of Use. The parties to these Terms of Use each agree that the exclusive jurisdiction and venue for any dispute arising out of these Terms of Use or relating to the subject matter hereof will be in the state and federal courts in Salt Lake City, Utah. If any action or proceeding is brought to enforce any provision of or declare a breach of these Terms of Use, the prevailing Party shall be entitled to recover, in addition to any other amounts awarded, its costs and reasonable attorneys’ fees, including but not limited to those incurred in any and all appeals or other higher court reviews.

Except as otherwise provided for herein, no remedy conferred by any of the specific provisions of the Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Jaybird shall not constitute a waiver of the right to pursue other available remedies.

Any failure or delay by Jaybird to exercise or partially exercise any right, power or privilege hereunder shall not be deemed a waiver of any of the rights, powers or privileges under these Terms of Use. The waiver by Jaybird of a breach of any term, condition or provision of these Terms of Use shall not operate as, or be construed as, a waiver of any subsequent breach.

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be void, invalid, unenforceable, or illegal, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its violability, invalidity, unenforceability or illegality. The other provisions of this Agreement will be unaffected. These Terms of Use, as amended from time to time by Jaybird in its sole discretion, constitute the entire agreement of the parties relating to the subject matter hereof.

These Terms of Use were last updated: April 18th 2016.

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