Privacy Policy

Blue Goji LLC ("Blue Goji," "we", "us," "our,") develops products and services to help individuals improve their health and wellness.  This Privacy Policy ("Policy") explains how we collect, protect and use information we collect in connection with your use of: (i) Blue Goji websites, including but not limited to, bluegoji.com, expresso.com, cybercycle.bike and other websites, urls and social media (collectively the "Sites"), (ii) Blue Goji fitness equipment (such as the Expresso Go and the CyberCycle series bikes) and our Goji Play game controllers and other products offered by Blue Goji (collectively the “Equipment”), (iii) mobile, desktop or device programs, games and applications (including our GojiPlay and GojiCare applications and services) whether delivered through a mobile device, standalone computer, computer connected to our Equipment, or other device (collectively, the "Apps”).  For purposes of this Policy, we will refer to the Sites and the Apps as our “Services”, and together with our Equipment as our “Products”.

Your use of Blue Goji Products is also subject to the provisions of our Terms of Service, available here.  This Privacy Policy does not apply to any third-party applications or software that integrate with the Services through the Blue Goji platform (“Third-Party Services”), or any other third-party products, services or businesses who will provide their services under their own terms of service and privacy policy. In addition, a separate agreement governs delivery, access and use of our commercial Services (such as GojiCare) where we are engaged by a customer organization (“Customer”) to provide such Service to the Customer and their designated users and processing of user data on behalf of such Customer (the “Customer Agreement”). If you have any questions about specific privacy practices of such Customer, please contact the Customer whose Customer related Service you use.

1. WHAT INFORMATION WE COLLECT AND HOW WE MIGHT USE IT

• Registration; User Account Profile. When you sign up for a Blue Goji User Account, you are required to provide a valid email address, through which we will contact you about support and important matters related to your account and our Services, and your age to verify whether you are eligible to create an account, as usage by minors requires parental or guardian consent (see Children section below). You are also required to create a username and password to login, and a screen name to identify you. (Note the username is created by you and does not have to be associated with your name or other personal information.  It is your unique identifier in our system to login and displayed to others to identify you in the Blue Goji community as described further below.  Neither your email address nor age will be shared by us to the community.)

  In order to better benefit from the Services, you can also optionally provide additional personal details to your user account, such as your name, address, height, weight, gender, location, photo, and avatar so that we can more accurately estimate certain metrics, such as your calories burned, and enhance your use of the Services. 

  Note you may choose to use our Equipment in Guest mode, which does not require a User Account and you will not need to provide any personal information.  Guest mode operates differently across our various types of Equipment but generally will offer much less functionality than with a registered User Account. 

• Your Image.  Any photo you choose to provide will not be used for biometric purposes to identify you. You may also choose to share images of yourself (and other personal information) in our messaging function within the Blue Goji app. When using our GojiTalk function, you may choose to show your image while you are communicating with others.

• Third Parties You Share Data With.  When you elect to share data from your Blue Goji User Account with others, we collect the information you provide about those individuals such as their names and email addresses.  We may use such information as described in this Privacy Policy.

• Third Party Devices, Apps and Services.  When you connect your third party device or account to the Services, such as Apple Health, Strava, Facebook, ActivTrak, StudioSweat and others , we collect certain information stored in your account with such third parties and store the information in your Blue Goji User Account for you to track and view.

• Purchase and Payment Information. Details related to Products you order, and delivery information (including billing, shipping and delivery address) that you provide when you purchase Products. We may use a third-party payment service to process payments, in which case, your personal information may be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Policy.  We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your personal information.

• Sales, Support and Other Information Inquiries.  When you contact us for sales, support or other information, we will collect your name and contact information, as well as other information that you provide as part of your inquiry and our communications.  This information will only be used to respond to your inquiry or provide sales, support or the relevant services to you.

• Challenges, Contests, Giveaways and Surveys.  From time to time, Blue Goji may offer you the opportunity to participate in contests, challenges and other promotions. Any information submitted in connection with such activities (such as your name, userid, email, address and the like) will be treated in accordance with this Policy, except as specifically set forth in the rules for those contests, challenges or promotions. From time to time, Blue Goji may also ask you to participate in surveys designed to help Blue Goji improve the Services. Any personal information provided to Blue Goji in connection with any survey will be used in relation to that survey and as elsewhere set forth in this Policy.

• Job Applications.  If you apply for a job with us, we will collect your name, contact information, demographic information, education and work history, work eligibility information and any other information you choose to provide.  Eligible candidates may be asked to undergo a background check or other screening measures, which are facilitated by our third-party partners.

B. Information we collect automatically

C. Information From Third Party Sources

• Third party data providers.  We may collect information about you from other sources including partners from whom we collect or purchase personal information or who provide us with publicly available information which may contain personal information. We collect this from third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, social media profiles, and other contact information for purposes of promoting our Products, determining eligibility for certain Products and verifying contact information.

• Background Check Information.  For job candidates, we may obtain information about you from references or our third-party background check partners. We will use this category of personal information to determine your eligibility for the job and make hiring decisions.

• Payment Processors.  If you make a purchase through our Sites or apps, we will receive confirmation about the transaction from the applicable payment processor.  We will not receive any payment card information or account numbers. 

• Third Parties You Share Data With.  When you elect to share data from your Blue Goji user account with others, we collect the information you provide about those individuals such as their names and email addresses.  We may use such information as described in this Privacy Policy.

• Third Party Devices, Apps and Services.  When you connect your third party device or account to the Services, such as Apple Health, Strava, Facebook, ActivTrak, StudioSweat and others, we collect certain information stored in your account with such third parties and store the information in your Blue Goji user account for you to track and view.

D. Other General Uses of Your Information

In addition to the uses described above, we may also use your information to:

• Provide you with the Services and related customer service;

• Improve our Products;

• Deliver to you any administrative, support or technical notices and communications relevant to your use of our Products;

• Provide you with updates regarding Blue Goji Products;

• Perform data analytics and other internal market research, project plan, troubleshoot problems, conduct audits, develop new products or enhance our existing products, and detect and protect against error, fraud or other criminal activity; and/or

• Enforce the Blue Goji Terms of Service and otherwise protect our operations, rights, privacy, safety or property and/or that of our affiliates, you or others, and to allow us to pursue available remedies or limit the damages that we may sustain.

E. Use of Aggregated or Anonymous User Data

We may use and disclose information that does not personally identify you for any purpose, except where we are required to do otherwise under applicable law. Our definition of personal information does not include “aggregated” or “anonymized” information. Aggregated information is data we collect about a group or category of services or users from which individual user identities have been removed, which may include demographic information. In other words, information on how you use our Service may be collected and combined with information about how others use the Service, but no personal information will be included in the resulting data. Aggregated data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our Service. We may share aggregated or anonymized information about our users with third parties for various purposes, including helping us better understand and improve our Service, and for advertising and marketing purposes. If we are required to treat such information as personal information, then we may use it for all the purposes for which we use and disclose personal information as described in this Policy.

2. HOW WE SHARE YOUR PERSONAL INFORMATION

A. Sale and Sharing of Personal of Information

We will not sell your personal information for monetary value.  We only share your personal information in accordance with your preferences, as needed to run our business and provide the Services, and where required for legal purposes, as described further below.

• If you registered your user account as a user of Equipment owned by a facility such as a gym, YMCA or other organization, then your user account will be associated with that organization. The administrators of Equipment at that organization will have access to all the data of users associated with their organization and usage of the Equipment they own.  Data accessible to that organization include personal profile information, all activity data, selected level of privacy, and all other information that a user would see.  We do not have any control or authority over the use of your data by these Equipment owners; please see their respective privacy policies for further information. 

• If you use our Services as an authorized user of a third party that is our Customer (such as GojiCare or a pilot program), we may share your personal information with the applicable Customer with which we are under contract to deliver the Services in order to fulfill the purpose of the contract we are under with the Customer or to the extent this is necessary for us to deliver Services to you. Such activities may include verifying accounts and activity, providing and analyzing data to assist in their delivery of their services to you, investigating suspicious activity, assisting you in the delivery of the Services or enforcing our terms and policies. 

• We may share certain of your personal information with companies who host or facilitate the delivery of services to us, such as payment providers for your orders, information processing, customer relationship management (CRM) and customer support systems, telephone system, the hosting of our Sites and Services, online apps, games and other services, order fulfillment, product delivery and installation, and other services necessary for the performance of our Services.

• We may disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions; to protect our operations or our rights, privacy, safety or property and/or that of our affiliates, users or others; to allow us to pursue available remedies or limit the damages that we may sustain; or if we are required to do so by any applicable law, rule, regulation, subpoena or other legal process or to respond to requests from government authorities.

• In the event of a reorganization, merger, sale, assignment or other disposition of all or any portion of our business or assets (including in connection with any bankruptcy or similar proceedings), we may transfer any and all personal information we collect to the relevant third party.

• You may choose to share some of your personal information and certain other data collected by us with other Blue Goji users of our Products. Anyone using our communities, forums, blogs, or chat rooms on our Sites may read any personal or other information you choose to submit and post.

• You may choose to share some of your personal information and certain other data collected by us with others, including social media applications like Meta, Instagram, and Twitter. If you link your Blue Goji account to other social networks and share your activities, they might 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.

B. Publicly Available Information

When you create a user account and join the Blue Goji community, your username and activities associated with that username are set to be visible, searchable, or shareable with any other user or feature within the Blue Goji community, across all levels and client types. (As a reminder, usernames are created by you and do not have to be associated with your real name or other personal identifier.)

• Leaderboards – for all of our games, we post the leading performers by their username and their performance (eg, score, number of miles, etc) on the leaderboards for each game, ranked by performance.  

• Challenges, group rides, competitions - If you participate in challenges (like Rally for the Y or monthly Challenges), group rides, competitions (like GojiGames) or other events that we sponsor, your username and performance will be visible by everyone and ranked by performance on a leaderboard, which may be announced more broadly to our community.  

• Public Profile / General ride data – by default when you create your user account, a “Public Profile” is created within your account profile in expresso.com. Your Public Profile will display your username, age range, gender, name, ride history, calories, time, score, trophies and similar information.  This Public Profile is publicly available and visible at expresso.com. Any other user can see your public profile and request to ‘friend’ you within the community. Your community friends can your all your activity data. You may go into your expresso.com account and change your profile setting to private, in which case, your Public Profile will only display your name and no additional information.  The “Private” setting will not affect your visibility on leaderboards, challenges, group rides, competitions and similar group activities; you will continue to be visible on leaderboards and likewise your participation within challenges, group rides, competitions and similar group activities.

• You may use your Blue Goji Equipment without a user account in Guest mode. Guests will not appear in leaderboards.  Guest mode participation is not available for challenges, group rides, competitions or similar events. 

3. COOKIES AND OTHER TECHNOLOGIES

The Sites and Services may use "cookies" and other technologies such as pixel tags and web beacons.

Cookies are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer's hard drive. These technologies tell us which parts of our website you have visited, limit the number of times you see a Blue Goji offer, help us better determine which Blue Goji offers you may like to see or alert you to software compatibility issues. They are also used to analyze and improve our Products' design and functionality.

"Web beacons" are images embedded in a Web page or email for the purpose of measuring and analyzing Site or email usage and activity. Blue Goji, or third party service providers acting on our behalf, may use Web beacons to help us analyze Site usage, improve the Service and measure the effectiveness of our marketing campaigns. 

We may use third-party services, such as Google Analytics, in connection with the Services.  Such third-party services, including Google Analytics, may use cookies and similar technologies to collect and analyze information about Services use and to report on activities and trends. Such services may also collect information regarding the use of other websites, apps and online resources.  For more information regarding Google Analytics, please go to www.google.com/policies/privacy/partners/.  

We may use third party service providers to help us analyze certain online activities and improve our products and the Services. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity on our Sites. We may permit these service providers to use cookies and other technologies to perform these services for Blue Goji.

You have a number of options to control or limit how we and our partners use cookies including for advertising:

• Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies.   You can also learn more about how to manage cookies at  https://allaboutcookies.org/how-to-manage-cookies.   If you disable cookies, however, some of the features of our services may not function properly.

• To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.

• For information on how our advertising partners allow you to opt-out of receiving ads based on your web browsing history, please visit http://optout.aboutads.info/. European users may opt-out of receiving targeted advertising through the European Interactive Digital Advertising Alliance.

• To opt-out of ads on Facebook, Pinterest, or Google that are targeted to your interests, use your Facebook, Pinterest, or Google Ads settings.

• Check your mobile device for settings that control ads based on your interactions with the applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking” setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.

4. CHILDREN

We collect, use and disclose information from all users in same the manner, without regard to age, as described in this Privacy Policy.  As described above, users, including children, may be able to make their personal information available to other users. Persons under 18 may only use our Products and Services with the consent of their parents or guardians.

Parents and guardians of children under 18 should carefully review this Privacy Policy and the following Parental Notice Consent Form regarding the use of our Products and Services by their children and must provide their consent to the collection of personal information from, as well as the use of Blue Goji Products by, their children.  As described in the Parental Notice Consent Form, parents and guardians can request review and/or deletion of the personal information collected online from their children and cancellation of their children’s user account by submitting a request via email to support@bluegoji.com.  Parents and guardians are welcome to contact us at support@bluegoji.com with any questions or comments regarding the use of Blue Goji Products by their children.

5. YOUR PRIVACY RIGHTS AND PREFERENCES

Exercising Your Privacy Rights

If you are a resident of a jurisdiction with applicable privacy laws, and would like to exercise any of your rights described below or have any questions regarding this Privacy Policy, please contact us at support@bluegoji.com.

Access Your Data

You may request that we provide you the specific pieces of personal information that we have about you in addition to the information that is already made available to you within your account profile. Please note that much of the information you can make a request for is already contained in this Policy.

Modify, Correct or Delete Your Data

You may request modification or correction of data in your Blue Goji account.

If you would like to delete your data, you can request the cancellation and deletion of your account. When you request cancellation of your account, your personal information will be deleted, including but not limited to your email address, name, photo(s), friends list and links to social and partner sites such as Facebook, Twitter, and Google Health. Archival copies of your account registration information that exist within our backup system will be deleted in accordance with our normal backup expiration schedule. Following cancellation or termination of your account, Blue Goji may continue to utilize de-identified and anonymized historical data associated with your use of Blue Goji Products.

Email Communications From Us

We may provide our registered users with periodic information about their User Account data and email alerts. We also allow users to subscribe to email newsletters and from time to time may transmit emails promoting Blue Goji or third-party goods or services. Blue Goji subscribers have the ability to opt-out of receiving our promotional emails by following the instructions provided in such emails. Opting out in this manner will not end transmission of support or service-related emails, such as email alerts, required for the proper use and enjoyment of Blue Goji Products.

6. DATA SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization. While we have taken efforts to guard your personal information, we cannot guarantee that your information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us, using the contact information below.

Your account information and access to our Service is accessible only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our Products and Services by any person using your account user ID and password. Please advise us immediately if you believe your account user ID and password have been misused.

7. INTERNATIONAL CROSS-BORDER TRANSFER

Our Services are hosted and operated entirely in the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than the United States. Any personal information that you provide to Blue Goji may be stored and processed in any country where we have facilities or in which we engage service providers, including the United States. By using Blue Goji Products, you consent to the transfer of your personal information to countries outside your country of residence, including the United States, which may have different data protection rules than those of your jurisdiction.

You are responsible for maintaining the security of your login ID (i.e., User Name) and password. If you believe that your login ID or password have been compromised you should immediately change your password and contact our Support team at support@bluegoji.com.  We are not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of this Policy or the Blue Goji Terms of Use.  If you have a security related concern, please contact support@bluegoji.com. 

9. THIRD-PARTY SERVICES

This Policy does not address, and we are not responsible for, the information or other practices of any third parties, including any third party operating any site or service to which our Products or Services link or any app developer, device manufacturer or provider of an app, social media platform, operating system or wireless service.  The inclusion of a link on Blue Goji Products or Services does not imply endorsement of the linked site or service by us or by our affiliates.

10. UPDATES TO POLICY

We may update this Policy periodically. The date last revised appears at the top of the Policy. Changes take effect immediately upon posting. Your use of Blue Goji Products means that you accept the revised Policy.