Privacy Policy

Effective Date: January 1, 2023

This Privacy Policy describes how ICUEMOTION LLC, a Delaware limited liability company and its affiliates (collectively, “iCueMotion”, “we”, “us”, or “our”) collects, uses, stores and shares your personal information and other data we obtain from you, including data collected through your use of our Technology (as defined below). By using the Technology, you agree to be bound the terms and conditions of this Privacy Policy and our Terms of Use available at tennis.cuemate.com/terms, which may be updated by us at any time. If you do not agree, please do not use or access the Technology.

Background on iCueMotion

iCueMotion's mission is to help people achieve better movement skills by using the data collected from users through the use of our Technology. We combine measurement data from user sessions and apply machine learning (AI) and other mathematical techniques to design training tools, including movement assessments, diagnostics, training algorithms, and feedback cueing algorithms.

Our goal is to deliver value to our users from the use of our Technology. To achieve this, we design skill models and analytical tools using user information, including the measurement data generated by the CueMate sensor during sessions. The skill models combine the user's data with data from our population of other users.

As used herein, “Technology” means the CueMate racket sensor, any other sensor, camera, device, accessory, hardware or equipment provided or made available by iCueMotion, the CueMate software application (including any prerelease or beta versions of the App), our web interface and software made available as a service through the web interface, our website and any information or functionality made available through our website, our hardware system (including any cameras or devices), system integration information, any predecessor versions and any updates, new releases or new versions of any of the foregoing, and any other software, hardware or technology provided or made available to you by iCueMotion at any time.

Information Collected

This Privacy Policy applies to information we collect through your use of the Technology and other information we collect when you undertake interactions with us.

The types and categories of information that we collect and maintain include:

  • CueMate Sensor. We collect data from our CueMate sensor, which measures the racket's acceleration and angular velocities.
  • Information Collected Through Other Technology. We may collect information about you through other technology, including video data (e.g., data related to ball movement and player-racket pose), heart rate data (optional) that may be correlated with the movement intensity determined from the racket sensor, information about location when you start and save a session (optional), and other information collected during active sessions to produce session records.
  • Information You Provide. We may collect nonpublic personal information about you when you register to use our Technology or when you provide information by visiting our store, through our website or through other written communications and during telephone and in person meetings, which information may include: (1) your name, username and password; (2) contact information, such as your personal or work postal address, email address and telephone number; (3) physical characteristics (e.g., age, gender, body height, weight); (4) racket data (e.g., brand, model, string type); and (5) other information we need to provide or market our products or services to you.
  • Information From Third Parties. We may receive personal information from third parties, including information from third-party apps that you elect to connect to our Technology, such as third-party apps that may provide us with your heart rate data (e.g., Apple HealthKit) and GPS location data during active sessions.

Use of Your Personal Information

We use the information we collect to provide our services and to improve our Technology:

  • Use of information collected through Technology. The data collected through your use of the CueMate Sensor or other Technology is used to design skill models, analytical tools, training tools, algorithms, and improvements to our Technology so that we can enhance the quality of our analytics and the services provided by the CueMate system. Heart rate data is used to correlate with the movement intensity determined from the racket sensor, which information is used to enhance the session records. Information about location and start and stop times is also used to augment the session records.
  • Use of other information you provide. The information you provide about your physical characteristics is used to calibrate our algorithms so that we can improve the level of accuracy and offer features that are tailored to particular users. The information you provide about your racket is used to determine the racket physical characteristics (weight, mass distribution, size) and used to calibrate the algorithms so that accuracy can be improved. In the future, we may use the information we collect to optimize your training and selection of equipment.
  • Anonymous and aggregated data. We anonymize the data collected from each user and aggregate such data by combining it with other users' data. We use the aggregated data to perform population analysis, which enables us to determine how individual factors may influence training and performance. For example, by comparing your data with other users' data we can generate skill ratings and reference ranges for the metrics that are individualized to your skill level. We may also use aggregated data to determine how individual factors may influence training and performance. We also use anonymized or aggregated data in other ways to improve and market our Technology to deliver value to our users from the use of our Technology.

We use your personal information for the following limited business purposes and as otherwise described in this Privacy Policy:

  • To provide services. We may use your personal information to fulfill or meet the reason you provided such information. This includes our use of your personal information to send you the CueMate Sensor or other equipment, to provide, operate and improve the services provided to you, as to understand your interests and personalize your experience when using the Technology. We may use your information to verify your identity or to communicate with you in accordance with your preferences in relation to our services, which may include sending announcements, updates, security alerts, and support and administrative messages. We will provide you with options so that you can elect which communications you would like to receive.
  • For marketing and promotional communications. If, as permitted by law, we send marketing or promotional information, we may use your personal information for such marketing, research and other business purposes. You can opt out of our marketing and promotional communications, as your consent is required to receive such communications.
  • To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, court orders, governmental regulations or requests from government authorities conducting an investigation. In addition, we may use your personal information in the event that we have a reason to believe that someone is threatening to cause injury to, or interfere with, your or our rights or property.
  • With your consent. On other occasions, we may specifically ask for your consent to use your personal information for the purpose(s) that we explain at that time.

Information Sharing Policy

It is our policy to not disclose or share your personal information, except in the following circumstances or as otherwise described in this Privacy Policy:

  • With your consent. Limited information about your skill level and activities may be shared on a private or public feed with your consent. On occasion, we may specifically ask for your consent to share your personal information for the purpose(s) that we explain at that time. We also offer social features that will allow you to share your personal information if you choose to do so.
  • With affiliates. We may share your personal information with our affiliates for our and our affiliates’ everyday business purposes or purposes consistent with this Privacy Policy.
  • With service providers and other third parties. We may share or provide access to your personal information with third-party companies and individuals that provide services on our behalf or help us operate the services (such as customer support, hosting, analytics, email delivery, database management and marketing). These third parties may use your personal information only as authorized by their contracts with us.
  • With professional advisors. We may also disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
  • As required or permitted by law. We may share your personal information for compliance, fraud prevention and safety purposes. We may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, or legal request or to protect our and your safety, property, or rights. However, nothing in this policy is intended to limit any legal defenses or objections that you may have to a third party or government request to disclose your information.

In addition to the above, we may share anonymous or de-identified data and aggregate data with third parties(e.g., manufacturers of rackets or other equipment and retail stores), but such data does not include your personal information. We may also share de-identified users' skill ratings and activities on a public feed that is accessible to other users.

Information Security

It is our goal to protect your personally identifiable information. We maintain physical, electronic, and procedural safeguards to guard your personal information and the integrity and security of our databases, including firewalls. We have procedures in place for the appropriate disposal and protection against unauthorized access or use of your information. Except as described above, access to non-public personal information is restricted to our employees who need to know such information. If we share your personal information, it is made available for limited purposes and under controlled circumstances. We require third parties to comply with our standards for security and confidentiality.

Children

Children are not eligible to use the Technology without their parents' or guardian's consent. The services are not directed to, and we do not knowingly collect personal information from anyone under the age of 13 without their parents' or guardian's consent. If we learn that we have collected personal information of a child without the consent of the child's parent or guardian, we will delete it.

International Use

We make no claims that the Technology may be used in locations outside the United States. Access to the Technology from countries or territories where such access is illegal is prohibited. If you use the Technology outside of the United States, you do so at your own risk.

Changes to this Privacy Policy

We may amend this Privacy Policy at our discretion and at any time and will indicate the effective date of the amended version. We will notify you of any changes that may affect your rights under this Privacy Policy.

Contact Details

Please contact us if you want to exercise your rights or if you are disabled and need a copy of this notice prepared for you in a manner that is accessible. Any such request may be made via phone at +1 (650) 345-9727 or via e-mail at support@cuemate.com.

For California Residents:

California Consumer Privacy Act

If you are a California resident, you may have certain rights granted to you if your personal information is protected by the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA, a California consumer has the following rights, subject to certain exceptions and limitations:

  1. Right to Know. You have the right to request (a) the categories and specific pieces of personal information we collect and disclose; (b) the categories of sources from which we have collected your personal information; (c) the business purposes for such disclosure of your personal information.
  2. Right to Request. You have the right to request a list of the personal information (if any) disclosed to third parties for direct marketing purposes in the prior 12 months.
  3. Right to Delete. You have the right to access and then delete your personal information that we have collected from you or maintained about you.

California residents also have the right to not be discriminated against for exercising any of the rights described above.

You may only make a request to access and delete your personal information twice within a 12-month period. Such request must be described with enough detail that allows us to properly understand, evaluate and respond to it. To exercise these rights, please contact us at +1 (650) 345-9727 or email us at support@cuemate.com with “CCPA Rights” in the subject line and in the body of your message. There are circumstances where we are not required to comply with consumer requests and we will let you know if one of those situations arises.

Sale

We do not sell your personal information.

Verification

To help protect your privacy and maintain security, we will verify your identity before granting access to your personal information or complying with your request. If you request to access or delete your personal information, we will verify your identity by comparing information we have on file against information you may provide us. If you designate an authorized agent to make a request to access or delete your personal information on your behalf, we may require you to (1) provide the authorized agent written permission to do so, and (2) verify your own identity directly with us (as described above).