Evolution Devices, Inc Privacy Policy

1. Introduction

At Evolution Devices Inc. (“Evolution Devices,” “us,” “we,” or “our”), our mission is to evolve movement therapy with cutting-edge, affordable technologies. We are dedicated to enhancing rehabilitative care, aiming to enrich lives without compromising privacy. We believe in setting a high standard for privacy and data protection in the field of wearable medical devices and movement analysis technologies. Our commitment to your privacy is paramount, and we want you to be fully informed about how we use, collect, and share Personal Data, as well as the rigorous measures we implement to safeguard your Personal Data.

This Privacy Policy applies to Personal Data we collect from users and consumers who interact with Evolution Devices or utilize our services. This includes data collected through visiting our websites, engaging with our social media pages, or using our mobile apps, wearable medical devices, camera systems, and web portals (collectively, the “Services”). This Privacy Policy does not extend to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. We are not responsible for the privacy policies and practices of third parties, nor do we control, operate, or endorse any information, products, or services that may be offered by third parties or accessible through our Services.

Supplemental notices are provided below for residents of California and individuals located in the European Economic Area, the United Kingdom, and Switzerland (collectively “Europe” or “European”), and Qatar.

2. How Information is Collected

The information we collect is gathered in several ways, as outlined in this section. Broadly, it is: (a) provided by you directly; (b) collected automatically; and (c) obtained from third-party sources.

Information You Provide to Us Directly
When you visit our website without creating an account, you can browse without submitting personal information. Generally, we collect information that you provide during the process of creating or editing your account and user profile on our website, or information you submit voluntarily through your use of our services.

This also includes information you provide when purchasing our products, or when you communicate with us directly via email, phone, or other means.

Information Collected Automatically
Similar to many websites, we gather information automatically when you access our website through the use of cookies and other similar technologies such as server logs, pixel tags, web beacons, and JavaScript (collectively, “Cookies”). Cookies are small data files placed on your device when you visit our website. They enable us to recognize your web browser or device, tell us how and when you visit and use our site, analyze trends, learn about our user base, and operate and improve our services. We may also supplement the information we collect from you with information received from third parties, including those that have placed their own Cookies on your device(s).

Please note: Restricting, disabling, or blocking certain Cookies may impact the functionality of our website and your access to certain services or parts of the site. We are not liable for any interruption or diminished functionality of our website or services due to your Cookie settings and preferences.

Information Received From Third-Party Sources
We may also receive information about you from third-party sources, as described below:

  • Social Media Sites: We collect information from your interactions with us on social media platforms such as Facebook®, Instagram®, Twitter®, and LinkedIn®. Be aware that the personal information you submit through these platforms can be read, collected, and used by us, depending on your privacy settings. We are not responsible for the personal information you choose to submit or link on any social media. These platforms operate independently from us, and we encourage you to review their privacy policies and settings.

  • Payment Processors: For purchases made through our website, transactions may be handled by third-party vendors responsible for processing your payment (“Payment Processors”). These entities have their own privacy policies, which will apply to your transactions.

  • Other Third-Parties and Analytics Tools: To provide more tailored recommendations, we may obtain information about you from publicly and commercially available sources, such as third-party publishers, advertising networks, and service providers we use for managing our ads on other sites. For more information about the data we obtain from these providers, please contact us at info@evolutiondevices.com.

3. Personal Data We Collect

At Evolution Devices Inc., we may collect various types of Personal Data, including but not limited to:

  • Contact Details: This includes your first and last name, email address, mailing address, and phone number.

  • Profile Data: Information you provide when creating an account with us, such as your username and password. This may also include any photographs or additional information you choose to include in your profile.

  • Communications: Any correspondence exchanged with us, including when you contact us via email, our web app, or mobile app with inquiries, feedback, or reviews.

  • Movement and Therapy Data: Data related to your movement therapy, such as activity level, steps taken, and walking kinematics. We also collect physiological data including your birthday, gender identity, weight, and height, which helps us tailor your experience with our services.

  • Payment and Transactional Data: Information necessary to complete your orders through our website or services, including your name, email address, and transaction history. Note that Evolution Devices Inc. does not directly access payment card numbers; this information is collected by our payment processors under their privacy policies and service agreements.

  • Marketing Data: Your preferences regarding our marketing communications, including interactions with such communications (e.g., which emails you open and the links you click).

  • Device Data: Information about the device you use to access our services, such as operating system type and version, device manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP Address, unique identifiers (including advertising identifiers), language settings, mobile carrier, and network information (e.g., Wi-Fi, LTE, 3G).

  • Geolocation Data: If you grant permission, we collect GPS data and IP Address-based location information, particularly related to specific exercises or movement therapies.

  • Online Activity Data: This includes data on how you interact with our website or services, such as pages or screens viewed, time spent on a page or screen, the website visited prior to ours, navigation paths, and details of your activity on a page or screen, including access times and duration.

4. How We Use Personal Data

At Evolution Devices Inc., we process Personal Data to operate, enhance, understand, and personalize our Services. The Personal Data is used for the following purposes:

Service Delivery
This includes using Personal Data to:

  • Provide, operate, improve, develop, and personalize the Services and our business, including through testing, research, analysis, and product development.

  • Respond to and fulfill the reasons for which you provided the information, including handling inquiries and requests.

  • Communicate with you about the Services, including announcements, updates, or offers.

  • Offer support and assistance for the Services.

  • Create and manage your account or user profiles.

  • Tailor website content and communications to your preferences.

  • Process orders, memberships, or other transactions.

Research and Development
We may generate and utilize Aggregated Data, De-identified Data, or other anonymous data from the Personal Data we collect, including data from our wearable devices and camera systems, for business purposes. This includes analyzing the effectiveness of our Services, improving and adding features, and understanding the behavior and characteristics of our users. We also use anonymized data for research to enhance our understanding of movement therapy, contributing to innovative insights and new features.

Direct Marketing and Advertising
We may use data from the Personal Data we collect, including data related to your use of our devices and website, to send you direct marketing messages or advertise our Services and products.

Interest-Based Advertising
We collaborate with advertising partners, including third-party advertising companies and social media platforms, to promote our Services. We and our partners may use Cookies and similar technologies to gather information about your interactions over time across the web, our communications, and other online services. This data may be used to provide targeted advertising. We adhere to the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral Advertising. For more information about these practices and your choices regarding interest-based ads, please refer to the “Online tracking opt-outs” section.

Compliance and Protection
This includes using Personal Data to:

  • Protect against or deter fraudulent, illegal, or harmful actions and maintain the safety, security, and integrity of our Services.

  • Comply with or enforce legal or contractual obligations, resolve disputes, and enforce our Terms of Use and Terms of Sale.

  • Audit our internal processes for compliance with legal, contractual, and internal policy requirements.

  • Protect the rights, privacy, safety, or property of Evolution Devices Inc., our users, or others.

  • Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

5. How We Share Personal Data

At Evolution Devices Inc., we may share your Personal Data in the following ways:

Service Providers
We share Personal Data with service providers who assist in our operations. This includes:

  • Payment processors for transaction handling.

  • Vendors who help advertise our Services.

  • Security and fraud prevention consultants.

  • Hosting, technology, and communications providers.

  • Analytics providers to understand service usage and trends.

  • Staff augmentation and contract personnel who work on our behalf.

  • Third-party partners involved in providing our technology solutions, similar to the Large Language Model (“LLM”) partner mentioned in WHOOP's policy.

  • Advertising Partners

  • We collaborate with advertising partners who may collect information through Cookies and other automated technologies on our website, particularly for interest-based advertising purposes as previously described. We ensure that sensitive data, such as data from our wearable devices and camera systems, is not shared with these advertising partners.

Professional Advisors

We may share Personal Data with professional advisors like lawyers, auditors, bankers, and insurers when their services are necessary for our business operations.

Authorities and Others

We may disclose Personal Data to law enforcement, government authorities, or other private parties if we believe in good faith that such disclosure is necessary or appropriate to comply with legal obligations or processes.

Business Transferees

In the event of a business transaction involving a merger, acquisition, reorganization, sale of assets, or in the case of bankruptcy or similar proceedings, we may share Personal Data with relevant parties involved in the transaction.

6. Your Choices Relating to Your Information

Access, Update, or Delete

When you log into your account with Evolution Devices Inc., you have the ability to access, and in some cases, edit or delete the information you have provided to us. This includes your name, username, password, email, mailing address, and other profile information. Please note that when you update information, we may keep a copy of the unrevised information in our records for archival purposes. You can request full access to or deletion of your account and corresponding data by contacting our support team or using the data management features available on our platform. We will ask you to complete a verification process to ensure you have the authority to make such requests. While we can delete your personal information, we may retain non-identifiable data, such as Aggregated or De-identified Data, in our records.

Privacy Settings

You can modify certain privacy settings, such as your visibility in user searches within our system, through the privacy options in your account settings.

Push Notifications and Device Permissions

You have control over push notifications and various device permissions by adjusting the settings directly on your device or through our app.

Geolocation Data

You can control the collection of geolocation data by enabling or disabling location services on your mobile device. Please be aware that disabling location services may affect the functionality of certain features of our Services.

Marketing Communications

You have the option to opt out of receiving marketing-related emails and other communications from us. This can be done through the data management features on our platform or by following the unsubscribe instructions in the marketing communications. Note that you cannot opt out of receiving essential service-related communications.

Online Tracking Opt-Outs

You can opt out of certain interest-based advertising and online tracking activities. Details on how to do this are provided in the “Online tracking opt-outs” section.

Do Not Track

Some internet browsers may be configured to send “Do Not Track” signals to online services. Currently, our Services do not support “Do Not Track” requests or similar signals. For more information about “Do Not Track,” please visit http://www.allaboutdnt.com.


7. How We Store and Protect Your Data

At Evolution Devices Inc., we are committed to protecting the security of your Personal Data. We employ a combination of physical, managerial, and technical safeguards designed to preserve the integrity and security of your Personal Data in connection with your use of our Services. For instance:

  • Data Encryption: We use secure sockets layer (SSL) encryption or similar technologies to protect your data during transmission.

  • Storage Security: Personal Data is stored in secure environments protected from unauthorized public access. Our third-party hosting providers also employ robust physical and technical security measures to prevent unauthorized access.

  • Internal Access Controls: Access to Personal Data within our organization is strictly controlled and limited to necessary personnel.

  • However, it is important to note that no method of transmitting or storing data is completely secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security

In Case of a Security Breach

In the event of a security breach that affects your Personal Data under our control, we will:

  • Conduct a thorough investigation to understand the nature and scope of the breach.

  • Take appropriate steps to contain and address the breach.

  • Notify you and any applicable regulators in accordance with relevant laws and regulations.

Transmission of Data

Please be aware that the transmission of data over the internet is inherently insecure. Although we do our best to protect your Personal Data, we cannot guarantee the security of data transmitted to our Services.

8. Additional Information for California Residents

If you are a California resident, you have specific rights outlined in this section in accordance with the California Consumer Privacy Act (“CCPA”). Please refer to the “Exercising Your Rights” subsection below for instructions on how to exercise these rights. If there are any conflicts between this section and any other provision of this Policy for California residents, the portion that is more protective of Personal Information shall prevail. For any questions about this section or its applicability, please contact us at info@evolutiondevices.com.

Right to Access

You have the right to request information about our collection and use of your Personal Information over the past 12 months. Upon verifying your identity, we will provide you with:

The categories of Personal Information we have collected about you.

The sources from which the Personal Information was collected.

The business or commercial purpose for collecting or selling your Personal Information.

The categories of third parties with whom we have shared your Personal Information.

The specific pieces of Personal Information we have collected about you.

Categories of Personal Information disclosed for a business purpose and the categories of recipients.

Categories of Personal Information sold and the categories of third-party buyers, if applicable.

Right to Deletion

You have the right to request that we delete Personal Information collected from you, subject to certain exceptions under the CCPA. This right does not extend to Personal Information collected from third-party sources. We may retain Personal Information as necessary to provide services, complete transactions, or comply with legal obligations.

Exercising Right to Access and/or Right to Deletion

To exercise these rights as a California resident, you or your authorized representative must submit a request that provides sufficient information for us to verify your identity. We will only use Personal Information provided in a valid request to verify your identity and fulfill your request. You do not need an account to submit a valid request.

We aim to respond to valid requests within 45 days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period. We will not charge a fee for valid requests unless they are excessive, repetitive, or manifestly unfounded.

Submit a valid request by emailing: info@evolutiondevices.com

Right to Opt-Out of “Sale” of Personal Information

The CCPA defines “sale” as sharing or disclosing Personal Information to a third party for monetary or other valuable consideration. This may include sharing information associated with device identifiers for targeted advertising purposes. However, sharing Personal Information with service providers working on our behalf is not considered a sale under the CCPA.

You can opt-out of these sales at any time by following the link below:

“Do Not Sell My Personal Information”

After opting out, we will not ask you to reauthorize the sale of your Personal Information for at least 12 months. You can opt back in at any time by contacting us.

Sale of Personal Information of Children (16 years old and younger)

We do not knowingly sell the Personal Information of children under 16 years old without appropriate authorization.

Ages 13 to 16: You must authorize us to sell your Personal Information.

Under 13: A parent or guardian must authorize the sale of Personal Information.

No Discrimination for Exercising Your Rights

We will not discriminate against you for exercising your CCPA rights. We will not deny goods or services, charge different prices, or provide a lower quality of goods or services for exercising your rights.

California Shine The Light Law
Under California Civil Code Sections 1798.83-1798.84, California residents can request once a year, free of charge, a list of third parties to whom we have disclosed Personal Information for direct marketing purposes in the preceding calendar year. If you are a California resident and wish to make such a request, please send an email with “California Privacy Rights” in the subject line to info@evolutiondevices.com

9. Additional Information for Nevada Residents

If you are a resident of Nevada, you have specific rights under Nevada law (Nevada Revised Statutes Chapter 603A) regarding the sale of certain Personal Information. You have the right to opt-out of the sale of your Personal Information to third parties who may intend to license or sell that Personal Information.

To exercise this right, you can contact us at info@evolutiondevices.com with the subject line “Nevada Do Not Sell Request.” Please include your name and the email address associated with your Evolution Devices Inc. account in your request.

It's important to note that Evolution Devices Inc. does not currently engage in the sale of Personal Information as defined under Nevada law. However, we acknowledge your right to opt-out and will maintain your request in case our practices change in the future.

We will take reasonable steps to verify your identity and the authenticity of the request. Once your identity is verified, we will record your request and adhere to it should our data practices change.

We aim to respond to verified requests from Nevada residents within 60 days of receipt. If necessary, we may extend this response period by an additional 30 days.

10. Additional Information for European Union Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) concerning your Personal Data, as outlined below.

For this section, “processing” is used as defined in the GDPR, which generally covers actions that can be performed in connection with data such as collection, use, storage, and disclosure. Evolution Devices Inc. will be the controller of your Personal Information processed in connection with our Services.

If there are any conflicts between this section and any other provision of this Policy, the policy or portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or its applicability, please contact us at info@evolutiondevices.com.

Personal Information We Collect
The types of Personal Information we collect are detailed in the “Categories of Information We Collect” section above.

Personal Information Use and Processing Grounds
The “How We Use Your Personal Data” section above explains how we use your Personal Data. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity, and our “legitimate interests” or the legitimate interest of others, as further described below.

  • Contractual Necessity: We process certain categories of Personal Data as a matter of “contractual necessity,” meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. This includes personal identifiers, customer records, commercial information, wellness and exercise data, and special categories of data under the GDPR.

  • Legitimate Interest: We process certain categories of Personal Data when we believe it furthers the legitimate interest of us or third parties. This includes personal identifiers, customer records, commercial information, wellness and exercise data, internet or other similar network activity information, geolocation data, and inferences drawn from other personal information.

  • Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

  • Sharing and/or Selling of Personal Information

  • The section titled “How We Share Personal Data” details how we share your Personal Information with third parties.

EU Data Subject Rights Regarding Personal Data
You have certain rights with respect to your Personal Information, including those set forth below. For more information about these rights, or to submit a request, please email info@evolutiondevices.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Information, if necessary to verify your identity and the nature of your request.

  • Access: You can request more information about the Personal Information we hold about you and request a copy of such Personal Information. You can also access certain of your Personal Information by logging into your account.

  • Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such information. You can also correct some of this information directly by logging into your account.

  • Erasure: You can request that we erase some or all of your Personal Information from our systems.

  • Withdrawal of Consent: If we are processing your Personal Information based on your consent, you have the right to withdraw your consent at any time.

  • Portability: You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the information to another controller where technically feasible.

  • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes.

  • Restriction of Processing: You can ask us to restrict further processing of your Personal Information.

  • Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.

Transfer of Personal Information
The Services are hosted and operated in the United States (“U.S.”) through Evolution Devices Inc. and our service providers. By accessing and using our Services, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third party, is being provided to us in the U.S. and will be hosted on U.S. servers. You hereby consent to the transfer of your data to the U.S. pursuant to the EU-U.S. Privacy Shield Framework or other appropriate safeguards such as standard contractual clauses or binding corporate rules.

We are committed to the Privacy Shield Principles of notice, consent, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement, and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. Our compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

For questions about this policy or our data practices under GDPR, please contact us at info@evolutiondevices.com or by mail at:

Evolution Devices Inc.
ATTN: Data Protection Officer
1111 Broadway, FL3, Oakland CA 94607, USA 

11. Personal Data of Children

If you are under the age required to consent to data sharing in your jurisdiction, please do not register for our Services or send any Personal Data about yourself to us. If we discover that we have collected Personal Data from a child below the age of consent in their jurisdiction, we will take steps to delete that information as promptly as possible. If you believe that a child below the age of consent in their jurisdiction may have provided us with Personal Data, please contact us at info@evolutiondevices.com.

12. Exercising Your Rights Under Other Privacy Laws

Please note that Evolution Devices Inc. is headquartered in the United States. Our website and services are governed by United States law. If you are accessing our products or services from outside the United States, be aware that your information may be transferred to, stored, and processed in the United States, where our servers and central database are located. The United States may not provide the same level of privacy protection as your home country. By using our services, communicating with us via mail, email, telephone, or otherwise providing information to us, you consent to the transfer, storage, and processing of your information in the United States.

If you reside in a jurisdiction with different privacy laws and wish to exercise a right under such laws, please reach out to us at info@evolutiondevices.com We are committed to respecting the privacy rights afforded to you under your local laws and will work to accommodate your requests in accordance with those laws.

13. Changes to This Privacy Policy

Evolution Devices Inc. is committed to continually improving our Services, which may necessitate changes to this Privacy Policy. We will notify you of any changes by posting an updated policy on our website, sending you an email, or through other appropriate communication channels. Your continued use of our Services after any changes to this Privacy Policy signifies your acceptance of those changes.

14. Contact Us

For any questions or concerns regarding our privacy practices, please reach out to us with a detailed message at info@evolutiondevices.com or via postal mail at the following address:

Evolution Devices Inc.

ATTN: Legal Department

1111 Broadway, FL3, Oakland CA 94607, USA