1.0 Definitions
1.1 "Access"
Means to enable Users to store data in, manage, report and/or analyze data or otherwise approach or make use of a Site.
1.2 "Administrator"
means a User that you can nominate to permit new Users to Access your Site, set up access and sharing capabilities between Users and set up the Hierarchical structure of Users within your organization.
1.3 "Confidential Information"
Means all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
1.4 "Data"
Means any Templates, Data, personal data or information inputted by you or Us into your Software Site.
1.5 "Data Protection Laws"
Means the applicable legislation that governs the protection of personal data and the individual's right to privacy with respect to the processing of personal data.
1.6 "Data Controller"
Means a person who determines the purposes for which, and the manner in which, Data and personal information is to be processed or transferred. This may be an individual or an organization and the processing may be carried out jointly or in common with other persons.
1.7 "Data Processor"
Means any person who obtains, records or holds the Data or carries out any operation or set of operations on Data on behalf of the Data Controller.
1.8 "Intellectual Property Right"
Means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
1.9 "Our", "We", "Us"
Means Kino Fitness, LLC
1.10 "Project"
Means the development of a private Site by Us on your behalf, together with the Services to be performed by Us.
1.11 "Software"
Means your version of the Software available (as may be changed or updated from time to time by Us) via the Site/Website.
1.12 "Site"
Means the unique implementation that is developed for each Project which is available via the Internet on the world wide web at an address such as http://www.kino-fitness.com, or a custom installed site which shall be password protected.
1.13 "Templates"
Means the structure of the Data that is going to be recorded in your Site. For example, specific fitness tests, questionnaires and training logs.
1.14 "User"
Means a customer who has been granted a non-transferable license by Us to facilitate Access to a Site for a period of twelve (12) months.
1.15 "Website"
Means the Internet site at an address such as http://www.kino-fitness.com, or a custom installed site, or any other site operated by Us.
1.16 "Health and Activity Data"
Means health, fitness, activity, or wearable data that a User authorizes Kino to read from supported platforms, such as Apple Health/HealthKit, Google Health Connect or Google Fit, Samsung Health, or similar services. This may include step count and, if supported and authorized in the future, other activity or wellness data types.
1.17 "Location Data"
Means location information collected through a User’s device permissions, including background location access, for the limited purpose of determining whether the User entered or exited an approved gym geofence for competition scoring, attendance, visit-pattern analysis, and related services.
1.18 "Competition"
Means a gym, organization, or group challenge made available through Kino where Users may opt in to participate and where approved scoring components may be calculated from scan data, Health and Activity Data, Location Data, manual entries, or other competition-specific inputs.
1.19 "You"
Means you and includes your employees, consultants, representatives, athletes, coaches and sports professionals.
2.0 Your Use Of The Software/Site
We provide online and offline Software and Services that allows our customers to develop their own implementation of the Software, or use existing implementation's, to capture, store, analyze, share and understand the Templates and Data that is important to them, for which they have cleared all applicable copyright information, while adhering to all applicable Data Protection Laws.
Once a specific Project has been completed, it is available at a unique Site, and can be accessed on-line using the preferred Web browser (Firefox and Chrome Browsers), or off-line via an installation, by any User listed in writing by the account administrator. Users’ Personal Data is entered and then stored and retrieved via the Site, using the Amazon S3 Servers in either the United States, or other location at the discretion of the account administrator.
Each User who requires Access to a specific Site must request a License, receive clearance by the business, organization, or sport administrator who requested the project and/or developed the Site. A unique login and password is provided for each User. The User can only access the information on the Site that they have clearance to, and they can only access other Users' Data that they have been given permission to access.
3.0 You Own Your Data
We store Data that is entered by the Users, or automatically imported at a User's instruction. The Data entered or imported on instruction by the Users remains the property of the User and We will not make available for use to any third party any of this information without the written permission of the Users.
Kino does not sell, rent, trade, license, or otherwise monetize User Data from their scans. Kino does not share the User’s scan images or body-composition outputs with advertisers, data brokers, analytics companies, or other third parties for advertising, retargeting, marketing, or unrelated commercial purposes, unless the user has personally consented to the Company doing so.
4.0 Accessing Your Data
Kino uses security controls designed to protect sensitive health and fitness information, including encryption in transit, encryption at rest, access controls, and restricted internal access. Where applicable, Kino uses HIPAA-aligned infrastructure and safeguards.
4.1 Administration and Hierarchical Access: An Administrator of the Project can be selected to have full control over who is given Access to be a User and who has Access to other Users Data and information on the Site. Hierarchical access can be set to ensure there is internal security between Users. For example, an Athlete can only view and enter their own Data, a Coach can enter and view information for User group A, and a Selector or Manager can view information for User group A, B and C.
4.2 Individual Access: Users within each implementation can set up unique personal profiles on some implementations and can choose to share their information and Data with other Users of that Site. Some Users can search for other users, share and receive information, and communicate with other athletes or coaches via internal messaging systems, post comments about specific events, and provide feedback about the information they are given access to. To ensure each User within a Site can find other Users, We request and display some personal information to other Users. Some Users can change their personal profile information at any time and control what information other users have access to.
4.3 Approved Users: Approved Users include individuals or organizations that the User has expressly authorized through Kino’s account, organization, invitation, or permissioning features. Users should not share usernames or passwords with any other person.
Kino personnel do not routinely access individual User Data, scan images, or body-composition outputs. Access is limited to authorized personnel with a legitimate business need and is restricted to the minimum information necessary. Individual scan data may be reviewed only when: (i) the User has expressly granted permission; (ii) the User has submitted and subsequently approved a low-confidence scan for manual review; (iii) access is necessary to provide support requested by the User; or (iv) access is required for security, fraud prevention, legal compliance, or service reliability. Manual review of scan data for model-quality purposes is limited to trained ML specialists or authorized technical personnel subject to confidentiality obligations.
As the data is owned by the User, Kino must respect all requests for ‘denial to access’, which can be made by email to any one of Kino’s registered email addresses (including but not limited to ‘help@kino-fitness.com').
4.4 Data Export: You can export your data out of the software at any time from your Site. Additionally, on request, We can provide a nominated person or Administrator in your organization with a full export of the data that you or other Users of your Site have entered.
5.0 Cookies, Information Collection And Use By Us
5.1 To use the Software you must enable cookies in order to access most of the functions on the site. We also use cookies to store visitors' preferences and to record session information. Check the Help menu of your browser to learn how to change your cookie preferences.
5.2 We have access to and may use aggregate information such as number of associated Users to monitor server and software performance as well as for other internal purposes.
5.3 We collect User submitted information such as username, name, and email address, to authenticate Users and to send notifications to those Users relating to Our service.
5.4 We also log non-personally-identifiable information including IP address, account information, aggregate User data, and browser type, from Users to the site. This data is used to manage the website, track usage and improve Our services. User IP addresses are recorded for security and monitoring purposes.
5.5 Email addresses may be used for the purposes of informing Users regarding changes in Data and to send notifications related to the Site and/or Service.
5.6 We send product information, service updates and Site information in line with the provision of the Services to some Users via email. Users can also select to use the Site's capabilities to have instant alerts and messages sent directly to their cell phone.
5.7 In future public versions of the Software, email addresses may be used for the purposes of inviting new friends to join Sites.
5.8 We can access non-identifying and aggregated usage information and transaction volumes in order to better understand how our customers are using the Site so we can improve the system's design.
5.9 Health, Fitness, Activity, and Wearable Data: If a User chooses to connect a supported health or activity platform, including Apple Health/HealthKit, Google Health Connect or Google Fit, Samsung Health, or a similar wearable or device service, Kino may collect and process the specific data types the User authorizes. The current primary use is step-count data for competition scoring and activity-to-body-composition insights. In the future, Kino may request permission for additional health, fitness, activity, or wellness data types, but only after the User authorizes those data types through the applicable platform or device permission flow.
Health and Activity Data may be delivered to Kino in the background when enabled by the User and supported by the User’s device or platform. Kino uses this data to calculate competition scores, help Users understand relationships between activity patterns and body-composition trends, support gym or organization programming, troubleshoot the service, and improve competition and progress-tracking features. Kino does not use Health and Activity Data for advertising, retargeting, data-brokerage, or unrelated commercial purposes.
Users can revoke or change health-platform permissions at any time through their device settings, Apple Health, Health Connect, Samsung Health, or the applicable platform permission controls. After permission is revoked, Kino will stop receiving new data from that source, but previously collected data may remain in Kino systems unless the User requests deletion, subject to the limitations described in this Privacy Policy.
5.10 Location Services and Gym Geofencing: If a User opts in to a Competition or feature that uses gym attendance or visit verification, Kino may request location permissions, including background or “Always Allow” location access where supported by the device. Kino uses Location Data only for the limited purpose of detecting whether the User entered or exited an approved geofence around the participating gym or organization location, calculating competition scores or attendance-based achievements, helping Users understand their own participation patterns, supporting gym or organization programming, and maintaining service reliability.
Kino does not continuously sell, monetize, or share a User’s precise location history. For location-enabled Competitions, backend processing is designed to occur when a relevant gym geofence event is detected. Kino does not use Location Data collected through these features for advertising, retargeting, data-brokerage, or unrelated commercial purposes. Users may disable location access at any time through their device settings, but doing so may limit or prevent attendance-based scoring or related competition features.
6.0 Invitations And Other Sites
6.1 On future public implementations of the Software, users will be able to invite friends to join the service by sending invitation emails via our automated invitation system. Their information is not used by Us unless they choose to become a User.
6.2 Our sites may contain links to other sites outside of Our Website/Sites. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site the user should read the privacy policy stated on that site. Our Privacy Policy only governs information collected on Our Sites.
7.0 Correcting/Updating Or Removing Information
Our users may modify their personal information by logging into their account and editing their account and any profile data they have access to. They can also update information by sending a message to help@kino-fitness.com, or by contacting their system Administrator.
8.0 Sharing And Disclosure Of Information We Collect
Except as otherwise described in this Privacy Policy, We will not disclose personal information to any third party unless we are required to by Law, or have been authorized to as part of a signed contract with You.
8.1 Competition Visibility: If a User opts in to a Competition, certain derived or abstracted Competition information may be visible to other Users participating in the same Competition, such as scores, rankings, progress metrics, attendance-based achievements, or other challenge-specific outputs. Unless a specific Competition explains otherwise and the User consents, Kino does not display the User’s full legal name with these derived outputs. Kino may display a limited identifier, such as first name and last initial, team, gym affiliation, or similar competition profile information.
8.2 Gym and Organization Visibility: For Competitions or organization-sponsored programs, Kino may share relevant derived, aggregated, or permissioned information with the participating gym, organization, owner, administrator, or coach to administer the Competition, calculate and verify scores, understand gym visit patterns or member activity, support programming, provide member support, and operate the Kino service. This may include Competition scores or related derivations from Health and Activity Data, Location Data, scan data, and manual entries. Kino does not share raw health-platform data or precise location history with unrelated third parties for advertising, retargeting, data brokerage, or unrelated commercial purposes.
8.3 Service Providers: Kino may use infrastructure, hosting, database, security, support, and similar service providers to operate the Software and Services. These providers are permitted to process information only as needed to provide services to Kino and are not permitted to use User Data for their own advertising or unrelated commercial purposes.
8.4 No Sale of Sensitive Data: Kino does not sell, rent, trade, license, or otherwise monetize User scan data, body-composition outputs, Health and Activity Data, or Location Data. Kino does not share this information with advertisers, data brokers, analytics companies, or other unrelated third parties for advertising, retargeting, or unrelated commercial purposes unless the User has personally consented or applicable law requires otherwise.
9.0 Special Note To International Users
9.1 Amazon Storage: Our Sites are intended for Users worldwide. We store Your Data using the Amazon S3 and EC2 services in the U.S - or mutually agreed upon third region. If you are a User accessing Our Site from the European Union, Asia, or, any region with laws or regulations governing personal data collection, use, and disclosure, please be advised that through your continued use of the Websites/Sites you may be choosing to store your Data outside of your specific country and that you are transferring your personal information to said country and that you consent to that transfer.
9.2 International Transfers. If User Data is transferred or stored outside the User’s country or region, Kino will take steps designed to protect the data consistent with applicable data protection laws and contractual requirements; however, if the User would prefer data handling regulations to match their country’s current regulations, they must contact help@kino-fitness.com and specify their preference. Kino will attempt to comply with their request in 90 days.
10.0 Data Protection
10.1 We warrant and undertake that in so far as applicable to the purposes and subject-matter of the Terms and Services to:
10.1.1 ensure that We Process your Data only to the extent reasonably necessary and for the purposes of providing the Services and in accordance with these Terms;
10.1.2 take reasonable steps to ensure the reliability of the employees, agents and consultants in relation to the handling of Data;
10.1.3 take Appropriate Technical and Organizational Measures to protect the Data against accidental loss, destruction or damage, theft, use and/or disclosure;
10.1.4 not cause or permit such Data to be transferred to or be accessible by any third party (other than employees, agents and consultants appointed and acting in accordance with this clause) without your prior written consent (which may be given or withheld in its absolute discretion).
10.2 We agree and warrant to:
10.2.1 Use the Data for the specific purposes for which it was collected.
10.2.2 Not disclose Data to other parties without the consent of the individual whom it is about, unless authorized by the Data Controller, and/or there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime).
10.2.3 Provide Users with the right to access the information held about them, subject to certain exceptions (for example, information deemed as classified by the Data Controller).
10.2.4 Keep Personal Data for no longer than is necessary.
10.2.5 Not transmit Personal information of European users outside the European Economic Area unless the individual whom it is about has consented or adequate protection is in place, for example by the use of a prescribed form of contract to govern the transmission of the data.
10.2.6 Provide Users with the right to make changes to wrong information as outlined in 7.0 above.
10.3 We agree and warrant that each User has the right to:
10.3.1 View the data We hold on them, for a small fee. Request that incorrect information be corrected.
10.3.2 Require that data is NOT used in a way which causes damage or distress.
10.3.3 Require that their data is NOT used for direct marketing.
11.0 Data Security
11.1 Secure Socket Layer (SSL) of Protection: We utilize some of the most advanced technology for Internet security available today. When you access our Site's using an Internet Browser such as Firefox and Chrome, a Secure Socket Layer (SSL) system protects your information using both server authentication and data encryption. This means your data is safe, secure, and available only to registered Users in your organization with a License to your Site.
11.2 Data Encryption: We encrypt the information so all data transferred between Users and Our Servers is kept safe according to industry standards. This includes TLS 1.2 encryption for the transfer of data to our backend (S3 and RDS databases) as well as SHA-256 encryption for data at rest in this backend. Both of these processes meet (or exceed) the standards of industry.
11.3 User Restricted Access: We provide each User in your organization with a unique user name and password that must be entered each time a User logs on to their Site. We take precautions to ensure that User account information is kept private. We use reasonable measures to protect User information that is stored within our database. We restrict access to User information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.
11.4 User Responsibility: It is the User's responsibility to keep their passwords safe. It is the Administrator's responsibility to ensure that any Users that are invited to use your Project/Organization's Site have permission to enter and view information stored about them or other Users on your Site. Please note that we cannot guarantee the security of User account information. Your unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time.
11.5 Acquisition or Merger: In the event that Kino is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used. In the aforementioned circumstances, we will treat your Data according to our Data Protection and Privacy Policies. In the unlikely event that bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors occurs, we will notify you so that you can request what happens to your Data.
11.6 Health, Activity, and Location Data Security: Health and Activity Data and Location Data stored by Kino are protected using technical and organizational safeguards designed for sensitive information, including encryption in transit, encryption at rest, access controls, restricted internal access, logging, and database protections. Kino stores these records in protected backend systems, including encrypted relational database infrastructure where applicable.
11.7 Permission-Based Collection: Kino collects Health and Activity Data and Location Data only after the User enables the relevant device, platform, or app permission. Users can withdraw permissions through their device or platform settings, and Kino will stop receiving new data from the disabled permission source after the platform processes that change.
12.0 Destruction And Deletion Of Data
The Organization's data may be permanently deleted by Us 90 days after the Organization terminates their contract to use the Site, or at their request. Otherwise, user data (namely their photos) is permanently destroyed and deleted after 3 years - unless the Company updates the user otherwise.
Individual User Requests: Individual User Requests may be made by the User requesting that Kino delete their personal information, scan images, and associated body-composition data, or request that Kino stop using their data for model improvement, by contacting help@kino-fitness.com or any other support channel provided by Kino. Kino will honor verified deletion and no-use requests subject to legal, security, fraud-prevention, backup, audit, contractual, or technical limitations. Once a verified no-use request is processed, Kino will not use that User’s identifiable data for future model improvement. Kino will process all requests within 30 days.
Model Improvement Opt-Out: Users may request that their data is included in the Company’s Model Improvement Opt-Out group. If a User requests that their data not be used for model improvement, Kino will exclude that User’s identifiable scan images and associated labels from future model-training datasets to the extent technically feasible.
Health, Activity, and Location Data Deletion: Users may request deletion of Health and Activity Data and Location Data associated with their account by contacting help@kino-fitness.com or another support channel provided by Kino. Deletion requests are subject to legal, security, fraud-prevention, backup, audit, contractual, competition-integrity, and technical limitations. Where Competition records must be retained for scoring integrity, Kino may retain derived, aggregated, or de-identified scoring records while deleting or dissociating the underlying identifiable data to the extent technically feasible.
13.0 Privacy Policy Updates
13.1 We reserve the right to change this Privacy Policy at any time (abiding by clause 21 of the Terms of Service) and any amended policy will be posted on this website.
13.2 All use of Software available on this website is subject to Our Terms of Service. In the event of a conflict or disagreement between this Privacy Policy and the Terms of Service, the Terms of Service will prevail.