BlackbirdSport Privacy Policy Service Agreement

Our privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy controls and your rights in connection with our websites.

Our Services are provided to you by Beijing Blackbird Technology Co., Ltd. If you are a resident of the European Economic Area (“EEA”), Beijing Blackbird Technology Co., Ltd. is the controller of your personal data for the purposes of EEA data protection law.

If there is any questions or comments about this Privacy Policy, please contact us by sending an email to service@blackbirdsport.com.

Information BlackbirdSport Collects

BlackbirdSport collects information about you, including information that directly or indirectly identifies you, if you or your other members choose to share it with BlackbirdSport. We receive information in a few different ways, including when you track, complete or upload activities using the Services. BlackbirdSport also collects information about how you use the Services. There are also several opportunities for you to share information about yourself, your friends, and your activities with BlackbirdSport. For example:

●Account, Profile, Activity, and Use Information

We collect basic account information such as your name, email address, date of birth, gender, weight, username and password that helps secure and provide you with access to our Services. Profile, activity and use information is collected about you when you choose to upload a picture, activity (including date, time and geo-location information as well as your speed and pace and perceived exertion) or post, join a challenge, add your equipment usage, view others’ activities, or otherwise use the Services. We use your contact information so we can respond to your support requests and comments.

●Location Information

We collect and process location information when you sign up for and use the Services. We do not track your device location while you are not using BlackbirdSport, but in order to provide BlackbirdSport’s core Services, it is necessary for us to track your device location while you use BlackbirdSport. If you would like to stop the device location tracking, you may do so at any time by adjusting your device settings.

●Content You Share

We gather information from the photos, posts, comments, kudos, ratings, reviews, and other content you share on the Services, including when you participate in partner events or create segments or routes.

●Connected Devices and Apps

BlackbirdSport collects information from devices and apps you connect to BlackbirdSport. For example, you may connect your Blackbird bike computer or Strava account to BlackbirdSport and information from these devices and apps will be passed along to BlackbirdSport.

●Health Information

BlackbirdSport may collect or infer health information. Certain health information may be inferred from sources such as heart rate or other measurements, including power, cadence, and weight or other indicators. Before you can upload health information to BlackbirdSport, you must give your explicit consent to the processing of that health information by BlackbirdSport. You can withdraw your consent to BlackbirdSport processing your health information at any time.

●Third-Party Accounts

BlackbirdSport allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook, Google, or Apple (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences. This information is collected by the Third-Party Account provider and is provided to BlackbirdSport under their privacy policies. You can generally control the information that we receive from these sources using the privacy controls in your Third-Party Account.

●Technical Information and Log Files

The Services use log files. The information stored in those files includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses may be linked to session IDs, athlete IDs and device identifiers.

●Other Information

We may collect information from you through third parties, such as when we collect your feedback through surveys. We may also collect information about you from other members such as when they give you kudos or comment on your activities.

How BlackbirdSport Uses Information

BlackbirdSport uses the information we collect and receive as described below.

●To provide the Services

We use the information we collect and receive to provide the Services, including providing you with the ability to:

Record your activities and analyze your performance. For example, to compare your past efforts, analyze your training, and (with your consent) use your heart rate information to provide you with interesting and useful performance analysis.

Interact with other athletes. For example, to compete on segments, participate in clubs, challenges, or events, follow other athletes, and use features that help athletes interact with one another, such as group activities or flyby.

Manage your training. For example, to set goals and use your training dashboard.

Explore new places to go. For example, to discover routes or segments where you can run or ride.

To visualize your activities in new ways. For example, by creating personal heatmaps or using your training log.

Subject to your privacy controls, your information, including parts of your profile, username, photos, members you follow and who follow you, clubs you belong to, your activities, the devices you use, and kudos and comments you give and receive will be shared on BlackbirdSport so that you may be able to participate in the Services, for example to show your place on a leaderboard. Certain information (e.g., your name, and some profile information) is also available to non-members on the web. Your precise location information, such as where you run or ride, may also be shared on BlackbirdSport or to non-members, in accordance with your privacy controls.

●To customize your experience

We use the information we collect about you, your followers, and your activities to customize your experience. For example, we may suggest segments, routes, challenges, or clubs that may interest you, athletes that you may want to follow, or new features that you may want to try.

●To protect you and the Services

We use the information we collect to protect members and promote safety. For example, we find and remove content that violates our terms, such as hate speech or spam, as well as suspend or terminate accounts that share such content.

●To improve our Services

We also use the information we collect to analyze, develop and improve the Services. To do this, BlackbirdSport may use third-party analytics providers to gain insights into how our Services are used and to help us improve the Services.

●To communicate with you

We use the information we collect to provide support in response to your requests and comments.

●Aggregate Information

We do not sell your personal information. BlackbirdSport may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about equipment, usage, demographics, routes and performance. BlackbirdSport may use, sell, license, and share this aggregated information with third parties for research, business or other purposes.

How Information is Shared

●Service Providers

We may share your information with third parties who provide services to BlackbirdSport such as supporting, improving, promoting and securing the Services, processing payments, or fulfilling orders. These service providers only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf, so that we or they may promote BlackbirdSport or display information that may be relevant to your interests on the Services or other websites or services.

●Publicly Available Information

When you join the BlackbirdSport community, your profile and your activities are set to be viewable by everyone by default. Your name and other profile information is viewable by other BlackbirdSport members and the public and, subject to your privacy controls, additional information and content you share may also be viewable.

●Sharing Information and Activities

As a social network, we share your information with other BlackbirdSport members and the public in accordance with your privacy controls. You can change the visibility of the activities you upload to BlackbirdSport. Also, you can tell us about important locations, such as your home or work address, by enabling a Privacy Zone in your settings. We will make private any portion of your activity that starts or ends in your Privacy Zone. You can choose to invite your contacts to view your location and activities using BlackbirdSport Beacon. You can also share your activities with your contacts via text, email, or on social media applications like Facebook, Instagram, and Twitter. If you link your BlackbirdSport account to other social networks and share your activities, they will be viewable on such third-party platforms, including your location information. You should use caution when sharing information via third parties and you should carefully review the privacy practices of such third parties.

●Third Party Business via API or Other Integrations

We enable you to share your information and content with third party apps, plugins, or websites that integrate with the Services, as well as with third parties who work with BlackbirdSport to offer an integrated feature, such as a challenge sponsor or tracking watch. You can choose to share your profile data and activity data (including private activities). Information collected by these third parties is subject to their terms and policies. BlackbirdSport is not responsible for the terms or policies of third parties.

●Legal Requirements

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that this is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of BlackbirdSport or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

Privacy Policy Information

Strava reserves the right to modify this Privacy Policy at any time. Please review it occasionally. If BlackbirdSport makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner and, if we make material changes, we will provide a prominent notice. If you object to any of the changes to this Privacy Policy, you should stop using the Services and delete your account.

● Confirmation and acceptance of the service agreement

The ownership and operation rights of BlackbirdSport and its related products and related software belong to Beijing Blackbird Technology Co., Ltd. (hereinafter referred to as Blackbird). The Blackbird has supervision, reminder, inspection and correction of all activities on BlackbirdSport. And penalties and other rights. By registering the Terms of Service through the registration process and completing the registration, the user has reached an agreement with the Blackbird to voluntarily accept all the contents of these Terms of Service. If the user does not agree to the terms of the Terms of Service, he or she will not be entitled to use the BlackbirdSport service and to register as a BlackbirdSport user.

● the service protection clause

1. The Blackbird uses its own applications to provide users with various services through the Internet. Users must:

(1) Provide mobile internet devices.

(2) Individuals accessing the Internet and paying related fees related to this service.

2. Considering the importance of the Blackbird product service, the user agrees:

(1) Provide timely, detailed and accurate personal information.

(2) Continuously update the registration materials to meet timely, detailed and accurate requirements. All original typed materials will be cited as registration materials.

3. The user may authorize the Blackbird to disclose its registration information to a third party, otherwise the Blackbird may not disclose the user's name, address, delivery address, e-mail address, or account number. unless:

(1) After obtaining the user's explicit authorization in advance, the user requests the Blackbird or authorizes someone to disclose the information through an email service or other means.

(2) The corresponding laws and regulations, as well as the requirements of the relevant government authorities, require the Blackbird to provide the user's personal data.

(3) Under the premise of not revealing the privacy information of individual users, Blackbird has the right to analyze the entire user database and make commercial use of the user database.

4. If the information provided by the user is inaccurate, untrue, and illegal, the Blackbird reserves the right to end the use of Blackbird services.

While enjoying the services of the Blackbird, users agree to accept all kinds of information services provided by the Blackbird.

5. The information content defined by the Blackbird includes: text, software, sound, photos, videos, graphics; all content in the advertisement; commercial information provided by the Blackbird for users, all of which are subject to copyright, trademark rights, and other knowledge. Protection of property rights and ownership laws. Therefore, users can only use these contents under the authorization of the Blackbird, and cannot copy, modify, compile or create derivative products related to the content.

6. If the user fails to comply with any of these Terms of Service, the Blackbird has the right to terminate all services and retain the right to pursue liability through legal means.

7. The services provided by Blackbird are at the user's own risk. In the maximum extent permitted by applicable law, the Blackbird shall not, under any circumstances, cause special accidents due to the use or inability to use the services provided by BlackbirdSport. Liability for direct, indirect or consequential damages. Even if the possibility of the damage has been notified in advance.

8. Users must understand that the services provided by Blackbird involve Internet services and telecommunications services, which may be affected by unstable factors in all aspects. Therefore, the service has service interruption due to force majeure, computer virus or hacker attack, adjustment of relevant national industry authorities and telecom operators, system instability, user location, user shutdown, and any other technology, internet, communication line reasons, etc. Or the risk of not meeting the requirements of the user. The user must bear the above risks and the Blackbird does not guarantee. The Blackbird does not accept any responsibility for the user's inability to send, upload and accept reading messages, or to send out incorrect messages, or to enable other communication conditions.

9. The user must understand that there are threatening, defamatory, offensive or illegal content or acts or violations of the rights of others (including intellectual property rights) from any other person using the services provided by Blackbird. The risk of anonymous or impersonal information, the user must bear the above risks, and the Blackbird and the partner company do not make any type of guarantee for the service, whether explicit or implicit, including all relevant information authenticity, applicability, ownership and non- Infringing implied warranties and conditions shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the user's improper or unlawful use of the Services.

● the user privacy system

Respecting the privacy of users is a basic policy of the Blackbird. Therefore, as a supplement to the analysis of the second personal registration data above, the Blackbird will not disclose, edit or disclose the user's registration data and the non-public content stored in the services of the Blackbird, unless the Blackbird is based on integrity. It is considered necessary to disclose this information in the following situations:

(1) Obey the relevant laws and regulations, including the information content posted by the user on the Blackbird webpage and the time of its publication, the Internet address or domain name, and other users' information uploaded to the BlackbirdSport when inquiring about the relevant national authorities.

(2) Comply with the Blackbird product service program.

(3) Maintain the trademark ownership of the Blackbird.

(4) Maintain the privacy of users and the public in an emergency.

The above also applies to personal information that is logged in with a third-party account!

● the user rules

1. When applying for the network service provided by Blackbird, the user must provide accurate personal information to the Blackbird. If there is any change in the personal data, it must be updated in time.

2. After the user registers successfully, the Blackbird will give each user a user account and corresponding password. The user account and password are kept by the user; the user should be legally responsible for all activities and events carried out by his user account.

3. Users may not use the Blackbird service to send or transmit sensitive information and information that violates the national legal system, including but not limited to the following information:

(a) oppose the basic principles established by the Constitution;

(b) Endangering national security, revealing state secrets, subverting state power, and undermining national unity;

(c) harming national honours and interests;

(d) Inciting ethnic hatred, ethnic discrimination and undermining national unity;

(e) Destroying national religious policies and promoting cults and feudal superstitions;

(f) Spreading rumors, disrupting social order and undermining social stability;

(g) spreading obscenity, pornography, gambling, violence, murder, terror or abetment;

(h) insulting or slandering others and infringing upon the lawful rights and interests of others;

(i) Contains other content prohibited by law or administrative regulations.

4. The user must follow the following principles in the process of using the Blackbird service:

(a) comply with relevant Chinese laws and regulations;

(b) may not use the web services system for any illegal purpose;

(c) comply with all network protocols, regulations and procedures related to network services;

(d) Do not use the Blackbird Service System for any conduct that may adversely affect the proper functioning of the Internet;

(e) shall not use the Blackbird Service System to transmit any harassing, libelous, abusive, intimidating, vulgar, obscene or any other illegal information;

(f) Do not use the Blackbird Service System to conduct any activity that is not conducive to the Blackbird.

5, using the Blackbird service, users should strengthen the protection of personal data, and pay attention to the password protection of personal passwords.

6. It is illegal to steal another user's account or use the network communication to harass others. Users must not use any illegal means such as testing, fraud, etc. to steal other users' accounts and harass others.

● Modification of the Terms of Service

The Blackbird will revise the Terms of Service as necessary. Once the Terms of Service have changed, the company will prompt you to modify the content before the user enters the next step. If you do not accept it, you will be disqualified from using your service in a timely manner. Users need to confirm the use of BlackbirdSport services in two ways:

(1) First confirm the Blackbird service terms and their changes.

(2) Agree to accept all terms of service restrictions.

● service revision

The Blackbird specifically reminds users that the Blackbird has the right to modify or discontinue the service at any time without notice to the user in order to protect the company's business development and adjustment. The Blackbird does not need to modify or interrupt the service. The third party is responsible. The user must agree to the terms and conditions, and the Blackbird will begin to provide services to users.

● limited liability

The Blackbird is not responsible for direct, indirect, incidental, special or consequential damages arising from improper use of product services, purchase of goods or similar services online, transactions on the Internet, illegal use of services or information transmitted by users. Changed. If the above behavior of the user causes damage to the Blackbird or a third party, it shall be responsible according to law and compensate the Blackbird. The Blackbird may, by itself or assist the third party, use the information provided by the user to defend the rights.

● Prohibit commercial sexual activity without the consent of the Blackbird

The user promises not to use the services of the Blackbird to conduct sales or other commercial activities on Blackbird or related websites without the written consent of the Blackbird. If the user violates this agreement, the Blackbird will pursue its breach of contract liability according to law, thereby causing losses to the Blackbird, and the Blackbird has the right to recover.

● Storage and restriction of Blackbird user information

The Blackbird is not responsible for the deletion or storage failure of the information posted by the user. The Blackbird reserves the right to determine whether the user's behavior complies with the requirements and spirit of the Blackbird Terms of Service. If the user violates the terms of the Terms of Service, the account of the Virtual Community Service is interrupted or deleted.

● protection

The user agrees to protect and safeguard the interests of all members of the Blackbird, and is responsible for paying the lawyer's fees, litigation fees, fair fees, appraisal fees, execution fees, etc. caused by the user's violation of these Terms of Service or to correct the user's violations, as well as violation of the service. The terms of the claim result in damages, others use the user's computer, account number and other intellectual property recourse fees. If the user's password or account is stolen, unless the incident is caused by the fault of the network, the user shall bear all the responsibilities and consequences arising during the theft.

● Announcement

All notices sent to users can be sent by email, instant message or regular mail. The Blackbird will send a message to the user via the push message service, telling them about changes to the terms of service, service changes, or other important things. At the same time, Blackbird reserves the right to place commercial advertisements for BlackbirdSport users.

● about the Blackbird value-added service business

(1) Blackbird value-added services are only available to users who agree to the terms and conditions of use of Blackbird.

(2) Payment confirmation is the confirmation of the Blackbird after the user applies for settlement with the selected payment method. Blackbird will default to the content filled in by the user at the time of settlement. The users who fill in the false content are not protected by law and will not be guaranteed the services of BlackbirdSport. In addition, the user BlackbirdSport that violates this paragraph has the right to terminate the service provided by BlackbirdSport, cancel its user qualification, and is not allowed to rejoin the user.

(3) Blackbird have the right to restrict the use of the related Blackbird service to registered users with depreciation or deferred payment.

(4) If the content purchased by the user is damaged or deleted for no reason due to the unilateral blame for Blackbird, Blackbird will provide the user with recharge or restore the corresponding content.

● Intellectual Property

User warranties and representations have full legal copyright or full legal authorization for the work they provide, which can be used for their activities on Blackbird, ensuring that the use of the work by the Blackbird does not violate national laws and regulations, nor Infringe on the legal rights or obligations of third parties. Users are solely responsible for all consequences of the works, the content and the imperfections and illegality of the works provided. For text, images, graphics, audio and/or video created by the user and uploaded to Blackbird, Blackbird reserves the right to monitor all content on its website in real time and has the right to independently violate any The implementation of the work agreed upon in the agreement is deleted. The Blackbird is not responsible for any consequences of deleting the user's work or for any loss to the user. Loss (direct, indirect, accidental, punitive and confiscation) caused by the illegality of the user's work or the infringement of the lawful rights and interests of a third party, causing the Blackbird or its affiliates to indemnify, compensate or impose a fine of any kind on the third party. The secondary loss), the user bears full liability for the above losses suffered by the Blackbird or its affiliates.

● Speech

The user promises to make speeches: patriotism, law-abiding, self-discipline, truth, and civilization. Do not transmit any illegal, harassing, slanderous, insulting, intimidating, harmful, vulgar, obscene, endangering national security, revealing state secrets, undermining national religious policies and national unity. And other content that violates laws, regulations and policies. If the user's behavior does not comply with the above mentioned terms of service, Blackbird will make an independent judgment to immediately cancel the user service account. Users are legally responsible for their actions on the Internet.

● the ownership of the content

The definition of content includes: text, software, sound, photos, video, graphics; all the content in the advertisement; the entire content of the email; the commercial information provided by the BlackbirdVirtual Community Service. All of this content is protected by copyright, trademark, label and other property ownership laws. Therefore, users can only use these content under the authorization of the Blackbird and advertisers, and cannot copy, reproduce or create derivative products related to the content.

● Disclaimer and Compensation Statement

1. If the Blackbird has clearly indicated that its network service delivery mode has changed and reminds the user to pay attention to the matter, all consequences arising from the user's failure to operate as required shall be borne by the user.

2. The user expressly agrees that the risk of using the Blackbird Service will be entirely borne by the user; all consequences arising from the use of the Blackbird Service are also borne by him, and the Blackbird does not assume any responsibility to the user.

3. The Blackbird does not guarantee that the network service will meet the requirements of the users, nor does it guarantee that the network services will not be interrupted, and the timeliness, security and accuracy of the network services are not guaranteed.

4. The user agrees to protect and maintain the interests of the Blackbird and other users. The user is illegal, untrue, infringement, infringement of the legitimate rights and interests of the third party, or the user violates any of the terms of this agreement to the Blackbird or any other The third party caused the loss and the user agreed to bear the liability for damages caused thereby.

● Law

The User and the Blackbird agree that the dispute arising from this Agreement and the services using the Blackbird shall be settled by arbitration, but the Blackbird has the right to choose the method of litigation and has the right to choose the competent court to accept the lawsuit. If any of the Terms of Service conflicts with the law, those terms will be re-analyzed as close as possible, while other terms will remain legally effective and affecting the User.

● The freezing of the account

In the case of a violation of the Blackbird usage specification, Blackbird has the right to unilaterally freeze the user's account and terminate the service for the user.

● other

1. The Blackbird will treat the characteristics of the service content provided by the user, and require the user to abide by the specific terms and conditions when registering the related services provided by the Blackbird; if there are any inconsistencies between the specific terms and conditions and the above terms of service, Specific conditions and terms are subject to change.

2. Any provision of these Terms of Service shall be valid and binding for any reason whatsoever, for any reason, is wholly or partially invalid or unenforceable.

3. Any problems arising from the implementation of these Terms of Service will be resolved through friendly negotiation between the website and the users.

4. The right to interpret the above terms is ultimately owned by the Blackbird.