Legal Policies

Privacy Policy

By agreeing to the terms of use and this privacy policy, you acknowledge and consent to the terms of this privacy policy. Your consent may be withdrawn at any time by clicking on the unsubscribe button at the end of this policy.

The website www.4iiii.com is provided by 4iiii Innovations Inc. (“4iiii”), through its offices in Canada. 4iiii recognizes the importance of protecting the privacy of personal and financial information. We have instituted strict policies and security measures to protect your information. When you register online with 4iiii or use our online store, you give us your consent to use the personal data you provide in accordance with this online privacy policy. This Privacy Policy applies to all users of this website and other 4iiii services.

What information does 4iiii collect?

4iiii collects personal data from visitors to the website or the 4iiii app who register their information or who use the online store, including addresses, telephone numbers and credit card information. Information is also collected from customers who place telephone orders, who make in-store purchases, who request support and who contact 4iiii through social media profiles.

The 4iiii Device Configuration mobile app collects personal information such as the date of birth and weight, when entered by the user, in order to assist in the calculation of calories burned and other relevant measurements. Such information is not shared. For greater certainty and assurance, we confirm that the location/GPS information that may be saved by a user after or during a workout is stored on the phone itself and is not sent to or collected by 4iiii. The user can, however, choose to share such location information with others using the email feature in the mobile app.

We also use cookies (see more below) and track IP addresses so we can improve our services and enhance your 4iiii experience. If you want to know what of your data 4iiii has been collected and retained you may request that information by requesting a full report on your data below or by contacting the Data Protection Officer at privacy@4iiii.com. You may also access, modify and delete your data that is collected by the 4iiii app by logging into your profile below. No one under the age of 16 may submit any personal information to this website without the consent of a parent or guardian.

All personal information is protected under Canadian laws – federal, provincial or territorial – relating to the confidentiality and protection of personal information, and in particular the Personal Information Protection and Electronic Documents Act (Canada) and the Personal Information Protection Act (Alberta).

How does 4iiii use the information you provide?

If you give us your personal information, we may use this information to register you with our website, to administer our website services, and/or to process any orders you may place online. When you place an order, make a purchase or save your information online, we may use your email and postal address to send you information about our products, services, and promotions and to help us learn more about your shopping preferences but only if you give us your permission. From time to time, we may use this information to contact you via email, postal mail, or telephone to learn more about your shopping preferences. You always have the choice not to receive marketing information or calls. We may contact you, subject to the choices you have made, via email, postal mail, or telephone, to conduct market research and learn more about how we can improve our product offerings. To serve you better, we may combine information you give us and information about your product interest and purchases with information from third parties, including demographic information and information that is publicly available. We may also combine this information with information from our affiliates. We use that combined information to enhance and personalize your experience with us, and to communicate with you in accordance with this policy.

Does 4iiii share your information with others?

4iiii does not sell, rent or disclose our clients’ names, addresses, email addresses or other personal information to any non-affiliated entity. As necessary, your personal information may be processed by third parties solely for the purpose of assisting 4iiii in these endeavours and subject to strict contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless we reasonably believe we are required to do so by law, regulation, government authority or in connection with a legal claim or proceeding. It may be necessary for us to provide limited information to third parties for the purpose of completing or processing transactions (for example shipping products to you) and in those cases the third party service providers who control that activity will be responsible for ensuring protection of your privacy. In the event of a corporate reorganization or sale of some or all of our business, 4iiii may be required to disclose your personal information to the surviving entity or purchaser.


Security

Any personally identifiable information you submit to 4iiii online is purely voluntary and should not be of a sensitive nature and although 4iiii uses appropriate security measures to protect the information you give us, 4iiii does not use anything beyond industry standard encryption methods at this time. While we take all reasonable steps to protect your personal information, the internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. 4iiii is not liable for any damages resulting from the transmission, interception or corruption of communications to or from this website.

Cookies are pieces of information a website can send to your computer’s browser for record-keeping purposes. We use cookies to ascertain which web pages are visited and how often, to make our web site more user friendly and to give you a better experience when you return to the website. Most web browsers automatically accept cookies but you do not have to accept them. To disable cookies simply, just access the “help” tab on your browser or read the information that came with your browser software. However, your visit to our website will be significantly enhanced if cookies are not disabled.

Acceptance of Privacy Policy and Modifications

By using products and services provided by 4iiii, when you consent to our collection, use and disclosure of your information, it will be governed as described in this privacy policy. If you do not agree to the terms of this policy, leave this website immediately. If you have previously agreed to our Privacy Policy and now wish to withdraw your consent to the collection, use and retention of your data please click on the unsubscribe button at the bottom of this policy. 4iiii reserves the right to make changes to its privacy policy or practices. You should therefore review this page from time to time to receive updated information each time you use the online store. Changes in our privacy policy will be made by posting the modifications on our website. Your continued use of 4iiii products and services will be subject to the then-current policy.

How do I make choices about receiving promotional communications?

4iiii would like to communicate with you only if you want to hear from us. If you are registered with us and would like to delete or update your registration and personal details from our database, please click on the unsubscribe button below. If you prefer not to receive promotional information from us or our affiliated brands, or if you do not want us to use your information to enhance your 4iiii experience, please let us know by sending us an email at privacy@4iiii.com. Please be sure to include your full name and the e-mail address you used when you registered or made a purchase from us. If you ask us to remove your name and address from promotional lists, we will maintain your name in a “do not contact” list to ensure that we can honour your request. It may take up to 10 days to process your email, during which period you may continue to receive communications from 4iiii. Please also note that your online purchase will be confirmed through email. In addition, we may also need to contact you via phone, email or postal mail with other questions regarding your order.


Return Policy

By purchasing this product you acknowledge and agree to the terms of this Return Policy.

At 4iiii Innovations Inc. (“4iiii”), we pride ourselves in customer satisfaction. You may return any item(s) purchased from this website for any reason within the first thirty (30) days from the date of delivery, and 4iiii will gladly give you a full refund. 4iiii does not charge restocking fees. Your only cost for returning the item(s) is the cost of shipping to 4iiii.

If you would like to return or exchange an item, please email support@4iiii.com for a Return Merchandise Authorization number (“RMA#”). Any packages returned without a RMA# are subject to being returned to sender. 4iiii is not responsible for lost or damaged shipments. We recommend you insure all returns. The returned item(s) must be sent back in its original packaging and returned in the same condition as when sold to you, including all packaging, parts, accessories, manuals and documentation.

The returned item(s) must be repackaged properly so that it is not damaged during shipping. You are responsible for the costs of shipping the item(s) to 4iiii.

If your product is defective, please email support@4iiii.com, and we will be glad to help you. 4iiii cannot accept returns of products purchased through a reseller or distributor.


Warranty

By purchasing this product you acknowledge and agree to the terms of this limited warranty.

4iiii Innovations Inc. (“4iiii”) warrants this product to be free from defects in material and workmanship, under normal use, for:

  1. a period of one (1) year from the date of original purchase (the invoice date) to the original purchaser for all products other than power meters and Smart Trainers; and

  2. a period of two (2) years from the date of original purchase (the invoice date) to the original purchaser for Smart Trainers;

  3. a period of three (3) years from the date of original purchase (the invoice date) to the original purchaser for power meters.

The three year warranty is extended to customers who purchased their power meter from January 1, 2018 onward.

Defects that have resulted from improper or unreasonable use or maintenance, accident, excess moisture, insects, improper or inadequate packing for shipment, lightning, power surges, or unauthorized tampering, alteration or modification are not covered under the limited warranty. 4iiii will, at its sole discretion, repair or replace the defective product with a comparable product, at no charge to the customer for parts or labor, with the customer to be responsible for all shipping and handling costs [and with return shipping and handling costs to be paid for by 4iiii after the product has been repaired or replaced]. Replacement products may be new, refurbished or reconditioned and are warranted for the unexpired period of the original purchase, or 30 days from the date of shipment, whichever is greater. Any products replaced by 4iiii shall be the property of 4iiii.

WHERE PERMITTED, THE PROVISIONS OF THIS LIMITED WARRANTY ARE TO SUPERSEDE AND REPLACE ANY OTHER WRITTEN WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL 4iiii BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING FROM ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. To obtain warranty service, email support@4iiii.com for shipping instructions and an RMA tracking number. Return your product, freight prepaid, along with the original sales receipt as a required proof of purchase for warranty repairs, with the RMA tracking number written on the outside of the package to 4iiii.

WARNING: This limited warranty becomes null and void if the product is repaired by anyone other than an authorized person of 4iiii.


Terms and Conditions

1.0 Intellectual Property

All registered product names and technology trademarks indicated on this site are registered trademarks of 4iiii Innovations Inc. (“4iiii”). Except as expressly granted in this section (or to you specifically in writing), neither 4iiii, nor any of its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks, trade secret information or other intellectual property of 4iiii. Any unauthorized use regarding publication, copying or modification of information on this website, including trademarks and design marks, may violate applicable legislation and may result in legal action.

2.0 Ownership

The information on this website, along with any materials incorporated herein (including, for example, white papers, press releases, data sheets, videos, photographs, product descriptions and FAQs) is the copyrighted work of 4iiii and/or its suppliers and is protected under Canadian and worldwide copyright laws and treaty provisions. 4iiii grants you permission to copy such materials so long as each copy (i) is solely for your own informational, non-commercial use and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original AND (iii) displays a statement that the materials are used solely with permission of 4iiii. No other use of the information is authorized.

Any product obtained from this website is governed exclusively by the license terms accompanying the product and you hereby agree to abide by the terms of such license. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of 4iiii or any third party.

3.0 Confidentiality

Certain areas on this website may contain 4iiii confidential information. Access by unauthorized persons, and unauthorized use or disclosure of 4iiii confidential information, may be a violation of 4iiii’s rights and are strictly prohibited. By accessing 4iiii confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your organization to authorized persons with a “need to know” who are instructed and have agreed not to disclose such confidential information and not to use the information for any purpose not permitted. You also agree not to alter, decompile, disassemble, reverse engineer, or modify any of the confidential information related to 4iiii that you receive.

Any questions, comments, suggestions, or other information submitted to 4iiii in response to this website shall be non-proprietary and shall be deemed to be non-confidential and 4iiii shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation.

4iiii discourages you from sending us any information that you consider to be confidential or proprietary through this website. Please note that if you do send us any such information or material, 4iiii will assume it is NOT confidential and is truthful, legal and does not violate the rights of others.

4.0 Disclaimers

We work hard to make this website interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using our website.

YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH 4IIII.COM OR ANY OF ITS AFFILIATES.

THIS SERVICE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. 4IIII, ANY OF THE CONTRIBUTORS TO THIS WEBSITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITH RESPECT TO DOCUMENTS AVAILABLE FROM THIS SERVER, NEITHER 4IIII NOR ANY OF THE CONTRIBUTORS TO THIS WEBSITE OR THEIR AFFILIATES, AGENTS AND LICENSORS, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. WE DO OUR BEST TO PROVIDE USEFUL INFORMATION, HOWEVER, WE MAKE ABSOLUTELY NO GUARANTEES AS TO THE CURRENCY, ACCURACY, OR QUALITY OF INFORMATION WE PUBLISH.

UNDER NO CIRCUMSTANCES SHALL 4IIII, OR ANY OF THE CONTRIBUTORS TO THIS WEBSITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED ON OR THE PRODUCTS SOLD THROUGH 4IIII.COM, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF 4IIII, ANY OF THE CONTRIBUTORS TO THIS WEBSITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.) YOU AGREE THAT THE LIABILITY OF 4IIII, ANY OF THE CONTRIBUTORS TO THIS WEBSITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE. 4IIII MAY, BUT IS NOT OBLIGATED TO, MONITOR OR REVIEW STATEMENTS MADE BY THIRD PARTIES ON THIS WEB SITE. USERS OR OTHER THIRD PARTIES MAY POST STATEMENTS OR INFORMATION ON SOME PORTIONS OF THIS WEBSITE FROM TIME TO TIME. 4IIII MAKES NO REPRESENTATION AS TO THE ACCURACY, APPROPRIATENESS, LEGALITY, OWNERSHIP OR OTHER ASPECTS OF SUCH STATEMENTS OR INFORMATION. 4IIII EXPRESSLY DISCLAIMS ANY LIABILITY FOR SUCH THIRD PARTY STATEMENTS UNDER CRIMINAL OR CIVIL LAWS RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR OTHER AREAS OF LAW. ALSO, AT TIMES, THIS WEBSITE MAY CONTAIN LINKS TO WEBSITES MAINTAINED BY OTHER ORGANIZATIONS, ENTITIES, INDIVIDUALS OR AGENCIES WHICH ARE PROVIDED AS A CONVENIENCE TO 4IIII USERS. THESE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF 4IIII AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH LINKS DOES NOT IMPLY AN ENDORSEMENT, AND 4IIII IS NOT RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH WEBSITES. 4IIII DOES NOT MONITOR OR REVIEW THE CONTENT OF SUCH THIRD PARTY WEBSITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEBSITES IS AT YOUR OWN RISK.


Virtual Wind Tunnel Legal Policies

By agreeing to the terms of use and this privacy policy, you acknowledge and consent to the terms of this privacy policy. Your consent may be withdrawn at any time by clicking on the unsubscribe button at the end of this policy.

What information does Wiiiind-Scanner (the “app”) collect?

This app collects personal data from users who use the integrated purchase features, including addresses, telephone numbers and credit card information. This app also collects, when entered by the user and derived from the scan data provided by the user as required by the Virtual Wind Tunnel modeling process: personal information such as 3 dimensional images of an individual’s face and body, body positioning of the individual at time of scan, images of the background in frame at the time of scan, an individual’s height, weight, and body dimensions, images and details of the clothing and equipment used by the individual at the time of the scan and images of the bicycle an individual may be sitting on at the time of the scan. This information is not shared. It should be specifically noted that this app does not collect location data.

If you want to know what of your data 4iiii has collected and retained you may request that information by requesting a full report on your data by contacting the Data Protection Officer at privacy@4iiii.com.

How does 4iiii use the information you provide?

If you give us your personal information, we may use this information to facilitate the processing of any orders you may place using this app. When you place an order, make a purchase or save your information online, we may use your email and postal address to send you information about our products, services, and promotions and to help us learn more about your shopping preferences but only if you give us your permission. From time to time, we may use this information to contact you via email, postal mail, or telephone to learn more about your shopping preferences. You always have the choice not to receive marketing information or calls.

We may contact you, subject to the choices you have made, via email, postal mail, or telephone, to conduct market research and learn more about how we can improve our product offerings. To serve you better, we may combine information you give us and information about your product interest and purchases with information from third parties, including demographic information and information that is publicly available. We may also combine this information with information from our affiliates. We use that combined information to enhance and personalize your experience with us, and to communicate with you in accordance with this policy.

Does 4iiii share information with other parties?

4iiii does not sell, rent or disclose our clients’ names, addresses, email addresses or other personal information to any non-affiliated entity. As necessary, your personal information may be processed by third parties solely for the purpose of assisting 4iiii in these endeavours and subject to strict contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless we reasonably believe we are required to do so by law, regulation, government authority or in connection with a legal claim or proceeding. It may be necessary for us to provide limited information to third parties for the purpose of completing or processing transactions (for example shipping products to you) and in those cases the third party service providers who control that activity will be responsible for ensuring protection of your privacy. In the event of a corporate reorganization or sale of some or all of our business, 4iiii may be required to disclose your personal information to the surviving entity or purchaser.

Security

Any personally identifiable information you submit to 4iiii through this app is purely voluntary and should not be of a sensitive nature and although 4iiii uses appropriate security measures to protect the information you give us, 4iiii does not use anything beyond industry standard encryption methods at this time. While we take all reasonable steps to protect your personal information, the internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. 4iiii is not liable for any damages resulting from the transmission, interception or corruption of communications to or from this app.


Acceptance and Modifications

By using products and services provided by 4iiii, when you consent to our collection, use and disclosure of your information, it will be governed as described in this privacy policy. If you do not agree to the terms of this policy, uninstall this app immediately. 4iiii reserves the right to make changes to its privacy policy or practices. You should therefore review this page from time to time to receive updated information each time you update the app. Changes in our privacy policy will be made by posting the modifications here and on our website. Your continued use of 4iiii products and services will be subject to the then-current policy.


Contact Us

If you have any comments, concerns, requests or queries regarding any of our policies, please send an email to privacy@4iiii.com. If you wish to have all of your personal data deleted please contact our Data Protection Officer at privacy@4iiii.com.

If you live in the European Union and you wish to exercise any of your statutory rights, please contact our Data Protection Officer at privacy@4iiii.com.

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