Privacy Policy
Modified: January 28, 2021

Our Privacy Policy (hereinafter "Privacy Policy") explains what information we collect, how we use it, how we provide access to it, how you can manage your privacy settings and rights in regards to your use of our websites and associated mobile applications and services (collectively "Services"). Please also read the Terms of Service, which describe the terms of use of the Services.

The Privacy Policy is not applied to third-party products, services, or the work practices of companies that we do not own or control, including other companies with which you may interact through the Services.

Questions and comments on this Privacy Policy can be submitted through the website https://Drum2Run.com.

Collecting information

Drum2Run collects information about you, including information that makes it possible to identify you either directly or indirectly, if you provided Drum2Run with such information. Several different ways are used to obtain the information, including the processes of tracking, completing, or downloading metrics using the Services. Drum2Run also collects information about how you use the Services.

We use your contact information to respond to your support requests and comments.

Drum2Run collects information from devices and apps that are connected to Drum2Run.

Drum2Run may collect or infer health information, based on the given data. Certain health information, such as heart rate or other measurements, can be inferred from other sources. Before uploading your health information to Drum2Run, you must give your explicit consent to the processing of that health information by Drum2Run. You can withdraw your consent to processing your health information in the Drum2Run app at any time, by configuring the settings of your phone.

Payments information

The payment is made using the built-in AppStore payment mechanism.


Authentication

Drum2Run allows you to sign up to the Services and log in using accounts created through the Apple Service (hereinafter "Third-Party Accounts"). In case you access the Services through Third-Party Accounts, we collect information that you made available, such as your name or email address. This information is collected by the provider of the Third-Party Account and is provided to Drum2Run in accordance with this provider's privacy policy. In general, you can control the information we receive from these sources by using the privacy settings in your Third-Party Account.


Collecting data from devices

We collect data from your browser, computer, or mobile device that transmits technical information to us when you either access or use our Services. Such technical information includes the data on the device and network, cookies, log files, and analytics. Find out more about how we use cookies in our Cookie Policy.


Log files

Services use log files. They store IP addresses, browser type, Internet service provider (ISP), date and time stamps, and the number of mouse clicks. This information is used to analyze trends, administer, protect, and secure the Services, to aggregate user conversion tracking, and to collect general demographic data for multipurpose use. IP addresses can be associated with session and device IDs.


Use of collected information

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

  • record your actions and analyze your achievements. For example, to compare results with previous ones, analyze workouts, and (with your consent) use the heart rate statistics for interesting and useful analysis of achievements;

  • manage your workouts. For example, to set goals and use the workout dashboard;

  • save data about musical preferences in the Services.
We use the information we collect about you and your workouts to personalize your use of the Services. For example, we may suggest new features that might interest you, the best workout routine for next workouts, or music choices.

In addition, we analyze, develop, and improve the Services based on your information. For these purposes, Drum2Run can use third-party analytic data providers to gain a deeper understanding of the use of the Services and improve their quality.

We use the information we collect to help you in response to requests and comments.

We can also use the information we collect to sell and advertise Services on the Drum2Run Platform and other commercial products or features. These include marketing messages and offers that you have not withdrawn from.


Sharing information

We do not sell your personal information. Drum2Run may combine information you provide in regards to your use of the Services and publish it, or share it with third parties. The types of information that we may combine include, for example, the information about your running performance and the music you listen to. Drum2Run may use, sell, license, and share this information with third parties for research, business, or other purposes, such as improving the running quality, enlarging our media library, or to help our partners learn more about athletes, including people using our products and services. If you do not agree with the fact that Drum2Run is using your data for the purposes mentioned above, please, change your privacy settings.

In addition to disclosing aggregate data about our users as described above, we also disclose information that identifies you when it is necessary to conduct our business and provide our Services, and when it is required by law, as described below.

We can share your information with third parties who provide services to Drum2Run: maintain, improve, advertise and provide Services, process payments, or fulfill orders. These service providers only have access to the information that is required to perform these limited functions on our behalf, and they are obliged to protect your information. We can also instruct service providers to collect information about your use of the Services over time, so that we or they can advertise Drum2Run on our behalf, or display information that considers your interests in the Services or other websites and services.

You can transfer information and content to third-party applications, plugins or websites integrated with the Drum2Run Services, as well as to third parties that collaborate with Drum2Run to provide integrated functionality, such as watches with a tracking function. You can choose to share your profile information. The information that is collected by these third parties is subject to their terms and policies. Drum2Run is not responsible for the terms or policies of third parties.

We may disclose your information to our affiliates under joint control; these individuals are also required to comply with the terms of this Privacy Policy in relation to your information.

We may retain and disclose your information to third parties, including law enforcement, state or government agencies, and private complainants and defendants in your country of residence or abroad, if we determine that such disclosure is reasonably necessary to comply with the law, including the cases of responding to warrants or orders, notices, or other legal or regulatory proceedings. We may also retain or disclose your information if we determine that it is reasonably necessary to prevent death or serious physical injury to a person, address national security or other issues of public concern, prevent or detect violations of our Terms of Service, fraud or abuse of Drum2Run or its users, as well as to protect our activity, property, or other legal rights, including by disclosing information to our legal counsel or other consultants and third parties in connection with current or potential litigation.


Notifications

Drum2Run offers various ways to manage the notifications you receive. You can opt out of receiving individual messages by email and notifications by changing the settings. You can also unsubscribe by following the instructions placed at the end of each marketing message or offer received by email. The option to unsubscribe from messages related to administration or service issues (confirmation of purchase or updates to the Privacy Policy or Terms of Service, etc.) is usually not provided, as such messages are required to make our Services work.


Deleting your personal data

You can submit a request for deleting your personal data on the website https://Drum2Run.com. Upon submitting a deletion request, we permanently and irrevocably delete your personal data from our systems, including backups. Once deleted, your data, including your account and your training data cannot be recovered. After deleting your account, it can take up to 90 days for your personal data and system logs to be removed from the system. Also in case of receiving deletion requests, we may keep the information as required by law, and take other actions permitted by law.


International rules

We provide the same privacy tools and settings for all our users around the world.

If you reside in the EEA on a permanent basis, you have the right to access your data, edit, download and delete it, as well as the right to restrict the processing of this data and to make objections.


Legal frameworks

Drum2Run uses the legal frameworks of different countries during the process of collecting, using, providing access, and other processing of your personal information for the purposes that are described in this Privacy Policy, including:


  • for the purposes of providing the Services and fulfilling our obligations in accordance with the Terms of Service. For example, we cannot provide you with access to the Services if we do not have the ability to collect and use the information about your location;

  • if you have not consented to the processing of data;

  • in cases when it is necessary to fulfill a legal obligation, a court order, or submit or refute a statement of claim;

  • in order to protect your vital interests or the interests of others, for example in case of emergency;

  • for the legitimate interests of Drum2Run or a third party, such as protecting our users, our partners' interests in collaborating with our users, and our commercial interests in ensuring the sustainability of the Services.


Storing information

We retain information for such a period of time that is necessary to provide you and others with the Services with respect to legal obligations regarding the further storage of such information. Information that is associated with your account is usually retained as long as it remains necessary to provide access to the Services, or until your account is deleted.


Changes to the Privacy Policy

Information about you that is no longer required and is irrelevant for the provision of the Services may be anonymized and combined with other general data for the commercial use by Drum2Run as the usage statistics of the Services. This information is not linked in any way with your name and other data that identifies you.


Drum2Run reserves the right to change this Privacy Policy at any time. We kindly ask you to check it periodically for changes. If Drum2Run makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner; in case of significant changes, you will be notified accordingly. If you object to any changes in the Privacy Policy, you must stop using the Services and delete your account.
Cookie Policy
What are cookies?

A cookie file is a piece of data that can be stored in the browser that you use to access Drum2Run, which activates some features and functionalities. It allows our website to "remember" your activities or preferences for a specific period of time or during a specific session. If you are signed in to Drum2Run, cookie files allow us to display you the correct information and personalize your experience.

Types of cookies

Some of the cookies that we use are installed by us (Drum2Run.com) to enable the carrying out of our services. These are the so-called "First-party cookies". We also use "Third-party cookies" that can collect information through other Sites by the means of cookies, third-party embeddable modules (plugins), and interface elements (widgets). These cookies collect data directly from your web browser, and their processing is controlled by the personal data security rules of these third parties.

Use of cookies

We develop cookies and use them on our website to carry out the users' authenticity checking, block malicious use of credentials to log in, and prevent unauthorized access to user data. We also design and use cookies to collect information about the website and application usage in order to understand and improve the performance of Drum2Run. These cookies also help us to find out how well our website and application are functioning and identify any kinds of problems in our products.


We use Third-party cookies to provide you with the ability to browse our website and use its services and features. For example, we allow you to use accounts that are created with the third-party Apple products and services (hereinafter "Third-Party Accounts") to register and sign in. When you register on the website or log in using Third-Party Accounts, the authentication checking is performed by the means of Third-party cookies.


Third-party cookies help us evaluate and understand how our products are used and how they can be optimized. We may also receive other analytical information from the relevant third parties. Some of these cookies are advertisement cookies that we use to serve relevant ads to the users who have already visited our website. Other cookies are used for evaluating performance, analytics purposes, or conducting business research.

Accepting cookies

When you visit our website for the first time, you will see a banner asking whether you accept the use of cookies. By clicking "I Accept", you agree to the use of all the cookies that are described here, including the Third-party cookies.


We will use Third-party cookies only if you click "I Accept" on the banner or in your cookie settings. You can go to your cookie settings at any time. If you click "Decline" in your cookie settings, we will not use Third-party cookies.

Cookies in browsers

Most browsers allow you to choose whether you want to accept cookies. Different browsers provide you with different control elements. As a rule, your browser prompts you to accept, reject, or delete all cookies, third-party cookies on a website, or cookies from specific websites. At the same time, if you forbid us to install cookies, you might limit the complete functionality of Drum2Run, which will make some of our services and features unavailable to you.

Changes to the Cookies Policy

This policy may be changed from time to time, so it should be checked on a regular basis for the most recent information on cookies. We will notify you about any changes by updating this page.


End User License Agreement
Date of revision: February 5, 2021

Welcome to Drum2Run! We are happy to greet you in our services and we are thankful for your trust in Drum2Run. The text below contains the key points that you should study thoroughly in order to understand both your and our rights in regard to our Services.

Access to Drum2Run websites, associated mobile application, and services ("Services" as a whole) is provided by the Drum2Run company, in accordance with the present Terms of Service (hereafter "Terms"), and Drum2Run Privacy Policy (hereafter "Privacy Policy"). Detailed information on the Services can be found at https://Drum2Run.com.

You agree to comply with the present Terms and other additional conditions for Services provided by Drum2Run, which are an integral part of the present Terms. You accept these conditions by clicking the registration button or using another similar mechanism, by browsing, using, or downloading from Services or uploading to Services any data or materials that are associated with the account creation. If you do not agree with these terms, do not access the Services and do not use them.

If you get access to Services, you agree not to provide access on your behalf to our Services to third parties.

The access to Drum2Run Services is not granted without processing your data. The processing of the data that you provide to Drum2Run is essential for the provision of access and operation of the application.

Your data is required to be shared with third party services we cooperate with.

Payments and fees

Payment

The payment is made using the built-in AppStore payment mechanism (hereinafter "Payment Method").

Subscription

Some features of our Services may require paying for the Drum2Run subscription. Subscription fees can be paid either monthly or annually. All subscription fees are paid in advance. The transition from a monthly subscription plan to an annual subscription plan takes place at the beginning of the next billing date.


You agree to pay all subscription fees that are associated with your Drum2Run account.

Drum2Run has the right to change subscription fees, as well as to introduce new fees with either expanded or reduced functionality at any time, after the prior notice within reasonable timeframes.

Automatic subscription extension

Subscription fees are charged automatically at the beginning of a monthly or annual period. The subscription is extended until you decide to cancel it. The subscription fee price remains unchanged throughout the entire period, unless you are notified in advance.

Cancellation of subscription

You can cancel your subscription at any time in your iTunes store account.

The cancellation takes effect at the end of the current billing cycle. After the subscription expires, your account will continue to work and will switch to a free subscription. You can extend the subscription at any moment without creating a new account, but the cost of your subscription may increase.

Free trial period

The subscription can start with a free trial period. The duration of such subscription lasts for the time that was specified during the registration.

If your subscription starts with a free trial period, the payment is charged at the end of that period according to the Payment Method that you have chosen (except for the cases when you cancel the subscription before the free trial ends).

Your Payment Method will be authorized for up to one month from the date you registered for the trial period, and in some cases your available balance of your chosen payment method may be reduced, however no Payment Method fees will be charged if you cancel your subscription before the end of the free trial period. You can cancel your subscription at any time in your iTunes store account.

Content

You remain the owner of the information, data, text, and other materials provided by you in the Services (hereinafter "Content"), which is published openly or is transmitted through a third-party API.

You grant us a non-exclusive, transferable, sublicensed, free right to use all the Content without being compensated. The Content can be used in any channels and services that are known now or will be developed later. This right terminates when you remove Content from your account.

You understand that it is you, and not Drum2Run, who are solely responsible for the Content that is published in the Services. Drum2Run does not monitor content and does not guarantee the reliability, accuracy, and quality of Content posted by other users. Drum2Run may, at its sole discretion, control and remove any Content that violates the Terms or that is unwanted for any other reason.

You agree to accept all risks associated with the use of the Content provided in the Services. If your Content violates the Terms, you may be legally liable for it.

Any content that has been posted in the Services is not confidential.

Behavior

Our Services are for your personal, non-commercial use only. It is forbidden to modify, copy, distribute, publish, license, sell for any commercial purposes any parts of the Services, the use of the Services, and access to the Content, as well as to create derivative materials based on the Services.

It is prohibited to use the Services for:

  • Copying the Services in whole or their parts;

  • Using, copying, modifying, reverse engineering, or any other attempts to extract the source code of the software;

  • Distributing any illegal commercial advertisements;

  • Collecting and obtaining information about individuals whose identity can be identified, as well as Drum2Run user accounts;

  • Accessing the Services to monitor their availability, performance and functionality;

  • Providing third parties with access to the Services;

  • Accessing the Content using any technology or means other than those permitted by Drum2Run;

  • Submitting any personal information other than the information required to register in Drum2Run;

  • Publishing and distributing illegal, malicious data that may violate rights or disclose confidential information, as well as intellectual property, or that is fraudulent;

  • Attempting to violate the security of the Services;

  • Refusing to pay fees associated with the use of the Services;

  • Committing any actions that harm minors;

  • Using any automatic systems to send more requests to the Services over a specific period of time than a common person using a standard web browser;

  • Reading the code by the means of the Scraping technology, and further distribution or disclosure of any part of the Services;

  • Removing the copyright, trademark, or other proprietary information contained in the Services;

  • Using any type of network monitoring to intercept, decrypt, and analyze packets that are used for interaction between the servers of the Services, or other data that is not intended for you.
You have the limited, non-exclusive right to create links to the Services for non-commercial use unless they do not degrade information about the Services. We can revoke these licenses for any reason in general, or your right to use specific links, for certain reasons and without them.

Certain functions of the Services may require purchasing the equipment and materials from third parties. Drum2Run can recommend these products, but is not responsible for their purchase and use. Drum2Run also does not guarantee that they will function smoothly and faultlessly with the Services.

You independently bear all costs associated with the use and purchase of such materials, equipment, and the use of these devices.

Third parties

All third-party products and services provided in the Drum2Run Services are produced and offered directly by third parties. In case of purchasing or using such a service you agree to enter into an agreement directly with the respective service provider, and not with Drum2Run.

All interactions, payments, and any other conditions remain solely between you and the respective supplier.

You do not have an obligation to do business with such service providers that are present in the Services. You agree that Drum2Run will not be responsible for loss or for any other damage caused by such interaction.

Drum2Run or third parties may provide links to other Internet resources in their Services. Drum2Run does not support any content there, and is not responsible if you are on such sites or resources.

Reviews

The Drum2Run team supports the feedback about us, as well as comments and suggestions that are left in our Services (collectively "Reviews"). If you provide such information, you agree to transfer to Drum2Run an international, non-exclusive, transferable and reassignable, sublicensable, permanent, irrevocable and royalty-free license to copy, use, distribute, and publicly display such Reviews. Therefore, it is not recommended to send to Drum2Run Reviews, the licensing of which is not desirable.

Disclaimer of Warranties and Liability

Everything we have — information, software, products and various services — is provided "AS IS", without warranty of any kind. Drum2Run disclaims all warranties regarding this information, software, products and services, as well as the applicability for particular purposes.

Drum2Run does not guarantee:

- uninterrupted operation of the Services;

- the accuracy of the results obtained from the use of the Services;

- meeting your expectations of the quality of products, services, and information received through the Services;

- correction of any errors in the Services.

You agree that Drum2Run does not provide any medical advice through the Services. The content that is posted in Drum2Run is not medical advice from other users and is not intended to be used as a substitute for attending a doctor. If you have any health-related questions, you should contact your doctor or other health care providers as soon as possible. It is strictly not allowed to disregard the doctor's recommendations or postpone receiving recommendations due to the content provided in the Services, or the use of the Services. The transfer and receipt of our Content do not create a doctor-patient relationship between us.

You agree that your athletic training with using Drum2Run carries certain and serious risks of injury, property damage or death, and you voluntarily accept all known and unknown risks, even if they are caused in part or in whole by Drum2Run or third parties.

You agree that Drum2Run is not responsible for the results of athletic training and/or preparation for various competitions.

You agree to discharge Drum2Run from liability for your training and use of the Services, and you also promise not to apply to court for any claim.

You agree that Drum2Run, as well as its employees, will under no circumstances be liable to you or any third parties for any kind of damage.

Drum2Run does not support your content and the content of other members of the Services and disclaims any liability in relation to any individual or legal entity for any kind of damage or loss.

Guarantee against losses

You agree to indemnify Drum2Run from any claims and statements, including reasonable costs of legal services taken by third parties as a result of using the Services.

Settlement of disputes

The parties agree to use their best efforts to resolve any dispute through good faith negotiations, except for the disputes related to the intellectual property of Drum2Run.

You and Drum2Run hereby waive the trial by jury. In the event of judicial examination, you agree that the final decision comes from the arbitrator, even if you withdraw from this agreement.

You also agree not to participate in claims brought by the general prosecutor or his agent, or in consolidated claims involving another person's account, if Drum2Run is a party to the lawsuit.

The parties understand that in the absence of this mandatory provision, they would have the right to file an action in court and to have it heard by a jury court. They also understand that in some cases the cost of arbitration may exceed the cost of a lawsuit and their right to provide information may be more limited in an arbitration court than in a jury trial.

Waiver of class action

The parties further agree that any arbitration will be conducted on an individual basis, and not in the form of a class or representative action. If any court or judge determines that the class action waiver described in this section has no legal validity or enforceability for any reason, or that the arbitration may be collective, the above arbitration clause shall be deemed invalid, and an agreement between the parties to resolve disputes by arbitration shall be deemed invalid too.

Time limits on claims

You agree that any claim related to your interactions with Drum2Run and these Terms must be filed within one year of its occurrence. Otherwise, it shall be discharged indefinitely due to the time limit for claims.

Operation in the United States only

These Services are operated from the Drum2Run US / Russian Federation offices. Drum2Run does not guarantee that the Content and Services will be suitable or available for use in other regions. Access to the Content or Services, or their use in the territories where these actions are illegal, are prohibited. Those who choose to use these Services outside of the United States do so on their own initiative and must comply with applicable local legislation. It is prohibited to use or export the Content in breach of the US export laws and regulations.

Termination (service operation)

You agree that under certain circumstances Drum2Run can block access to the Services for any reason.

The termination of action may be accompanied by:


  • Denial of access to the Services;

  • Prohibition of further use of the Services.
You agree that Drum2Run is not liable to you or third parties for account termination or denial of access to the Services. After the termination of your account, the following sections remain: Content, Your Feedback, Disclaimer of Warranties and Liability, Guarantee against losses and General provisions.

General Provisions

You agree that no companionship, partnership, management, employment or agency relationship arises between you and Drum2Run as a result of following the Terms and using the Services. Drum2Run's failure to comply or the absence of possibility to enforce any rights or provisions of these Terms does not constitute a waiver of those rights or provisions.

You may not transfer your Account and obligations under these Terms without the prior written permission of Drum2Run.

If the competent court stated that certain provisions in the agreement are incorrect, the parties nevertheless agree that the court must make a decision as close as possible to the idea of these provisions, while the remaining provisions of these Terms remain in force.

Drum2Run may, at its sole discretion, transfer or reassign all or some of its rights under these Terms to third parties. It also has the right to use third-party contractors to fulfill its obligations under these Terms in relation to the Services.

Notices from Drum2Run, received by you by email or through messages and links in the Services, shall be acceptable under the Terms.

All rights that are not described here clearly are reserved by Drum2Run.

Changes to the Terms of Service

Some provisions of these Terms may be supplemented or replaced. Drum2Run reserves the right, in its sole discretion, to update the Terms at any time and for any reason. Drum2Run will notify you of any significant changes. By continuing to use the Services after we have notified you of such changes, you accept the changed Terms. If the modified Terms are unacceptable to you, your only solution is to stop using the Services.

Drum2Run and its third party service providers may, at their sole discretion, make improvements to the described Services, products, mobile applications, features, programs and prices at any time and for any reason. In order to improve and enhance the Services, the mobile application can download and install updates and additional functionalities. Drum2Run reserves the right at any time to change or close, temporarily or permanently, the Services themselves and any their parts with or without prior notice. You agree that Drum2Run will not be liable to you or any third parties for changes, suspension or cancellation of the Services.

Support and questions

Any questions about the Services and these Terms can be asked at https://Drum2Run.com.

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