Privacy Policy

1.1 Who This Policy Covers

This Privacy Policy applies to personal information that Eclipse collects from or about individuals in the United States in connection with the Services, including:

• Athletes and end users (“Members”) who wear Eclipse hardware or interact with the App, whether through an individual subscription or through a team, league, clinic, or organization;
• Coaches, trainers, clinicians, sports scientists, performance staff, athletic trainers, and other authorized personnel (“Staff Users”) who access Eclipse data on behalf of an institutional customer;
• Visitors to the Sites, marketing pages, and demonstration environments; and
• Prospective customers, investors, partners, and contacts who communicate with Eclipse.

This Privacy Policy does not cover the practices of companies or people that Eclipse does not own, control, or manage. We are not responsible for the policies and practices of third parties, even when they are accessible from or interoperate with the Services. This Privacy Policy also does not apply to information that has been deidentified or aggregated in accordance with applicable law, which we may use and disclose for any lawful purpose without further notice to you.

1.2 Institutional Customers (Teams, Leagues, Clubs, Universities, Clinics)

Many Eclipse Members use the Services through a team, league, university, clinic, research organization, employer, military unit, or other institutional customer. Throughout this Privacy Policy we refer to that institution as the “Customer” (or, in context, “your team or organization” when referring to the specific Customer with which you are affiliated). When you use the Services through a Customer, the Customer may decide which individuals receive devices and accounts, what data is collected within its program, who within the Customer may access the data, and how long data is retained inside the Customer's account. Depending on the context and applicable law, the Customer may be the controller, owner, covered entity, school official, or similar party with respect to certain personal information, and Eclipse may process that information on the Customer's behalf under a separate Master Services Agreement, Data Processing Addendum (“DPA”), Business Associate Agreement, school data agreement, or other applicable contract. Eclipse may also process information for its own limited purposes described in this Privacy Policy, such as operating, securing, supporting, troubleshooting, and improving the Services, and only where permitted by applicable law and the applicable Customer agreement. If you are a Member of a Customer's program and you have questions about that Customer's use of Eclipse data, please contact the Customer directly. We will refer you back to the Customer for requests that we cannot lawfully act on without the Customer's direction.

3.1 Information You or Your Team Provides

We collect information that you, the Customer with which you are affiliated, or someone acting on your behalf provides to Eclipse, including:

• Account Data: name, email, phone number, password credentials (stored as a salted hash), organizational affiliation, role (Member, Staff User, administrator), team or squad, jersey number, sport or program, and similar identifiers.
• Profile Data: physiological attributes and self-reported information used to calibrate the Services, such as approximate height, weight, age, sex, training status, dominant side, position, and injury or surgical history that you choose to share.
• Communications: messages, support requests, survey responses, feedback, and information you submit through Eclipse forms or correspondence.
• Payment and Order Information: billing contact, shipping address, order details, and limited transaction metadata. Full payment card numbers are processed by our PCI-DSS compliant payment processors and are not stored by Eclipse.
• Photographs and Videos: if you elect to upload photographs or videos to the Services (for example, for body measurement, posture analysis, or technique review), we collect those media files and embedded metadata.

3.2 Information From Eclipse Hardware

When you wear an Eclipse device or interact with the App during a session, we collect:

• Sensor Data, Derived Data, Performance Data, and Device Data as defined in Section 2.
• Session Metadata: session start and end times, session type (practice, lift, match, rehab, calibration), duration, load, intensity, RPE if you log it, notes you or the Customer associates with a session, and tags applied by you or your Staff Users.

3.3 Information From the App and Mobile Device

When you use the App on your mobile device, we collect information about your device and how you interact with the App, subject to the operating system permissions you grant. On iOS, the App requests the following permissions, each of which is described in the prompt presented at the time of the request and may be revoked at any time through your iOS Settings:

• Bluetooth: required to discover, pair with, and exchange data with Eclipse hardware. Without this permission, the App cannot connect to your Eclipse device.
• Motion and Fitness: used to access motion and step data when you have elected to incorporate phone-based motion context into your Eclipse sessions.
• Notifications: used to deliver alerts about session status, device battery, firmware updates, and other timely information. You may decline or revoke notifications without affecting other functionality.
• Camera and Photo Library: used only when you elect to capture or upload photographs or videos for body measurement, posture analysis, technique review, or support communications.
• Location (when in use): requested only if you enable location-tagging of sessions or location-based features. Eclipse does not collect precise location in the background and does not sell location data.
• Local Network: used when the App needs to communicate with Eclipse hardware over a local network, for example during firmware updates over Wi-Fi.

Eclipse also collects standard mobile telemetry from the App as Usage Data, including mobile device model, operating system and version, App version, IP address, language, time zone, App event telemetry, screens and views accessed, in-app interactions, session duration, crash and performance logs, and approximate location derived from IP address.

3.4 Information From the Sites

When you visit the Sites, we collect device and network data (IP address, browser type and version, operating system, referring and exit pages, language, time zone, and approximate location derived from IP address), pages and content viewed, search queries, links clicked, form submissions, and information collected through cookies and similar technologies as described in Section 11.

3.5 Information From Other Sources

We may receive information about you from the Customer, from authorized integrations that you or the Customer enables (for example, athlete management systems, electronic medical record systems, video review tools, GPS or LPS tracking systems, or other performance platforms), from advisors and consultants you engage, from public sources such as team rosters, and from service providers that support our marketing, fraud prevention, and product operations.

3.6 Apple HealthKit (If Enabled)

The App may, in the future or as enabled in your current version, offer integration with Apple's HealthKit framework. If you enable HealthKit integration, the App will read from and write to HealthKit only the data categories that you explicitly authorize through the iOS Health permissions interface.

HealthKit-Specific Commitments. Consistent with Apple's requirements for HealthKit Data, Eclipse will not use any HealthKit Data for advertising or similar services; will not share, sell, trade, rent, or otherwise disclose HealthKit Data to third parties for advertising or data brokerage; will not share HealthKit Data with any party that may use such data for advertising or data brokerage; and will only share HealthKit Data with third parties for purposes of providing or improving health and fitness services, medical research, or, with your authorization, with healthcare providers for the purpose of medical treatment. HealthKit Data is stored encrypted on your device and transmitted over encrypted connections. You may revoke the App's access to HealthKit at any time through the iOS Health app.

3.7 Sign in with Apple (If Enabled)

If you sign in to the App or Sites using Sign in with Apple, we receive your name (if you choose to share it) and either your Apple ID email address or a private relay email address that forwards to your Apple ID. We do not receive your Apple ID password. You can manage which apps have access to Sign in with Apple at any time through your Apple ID settings.

3.8 Information We Do Not Knowingly Collect

Eclipse does not knowingly collect government identifiers (such as Social Security or driver's license numbers), full payment card numbers (which are handled by our payment processors), precise background geolocation, or content of your private communications outside the Services.

4.1 Service Delivery

• Authenticate you and manage your account;
• Pair Eclipse hardware with your account and route Sensor Data to your Member dashboard or the Customer's dashboard;
• Provide visualizations, reports, scores, comparisons, leaderboards, normative benchmarks, and other analytics in the App and on the Sites, including comparisons within your team, squad, or position group where enabled;
• Calibrate sensors and algorithms to your body and movement patterns;
• Maintain rosters, team structures, squad rosters, and access controls established by the Customer;
• Detect, diagnose, and repair hardware and software issues.

4.2 Research and Product Development

• Test and evaluate new features, algorithms, and hardware;
• Monitor performance, reliability, latency, and signal quality across the install base;
• Conduct internal research, benchmarking, and quality assurance;
• Develop and refine taxonomies, labels, and reference datasets;
• Generate and refine Derived Data and Derivative Materials for use in current and future Eclipse offerings.

4.3 Machine Learning, Model Training, and Derivative Materials

Eclipse builds machine learning and statistical models that turn Sensor Data into useful signals for athletes, clinicians, researchers, and performance staff. We may use identifiable Sensor Data, Derived Data, Performance Data, Profile Data, Usage Data, Device Data, Session Metadata, and other information described in this Privacy Policy to provide, support, secure, troubleshoot, evaluate, and improve the Services used by you or your Customer. We may use Deidentified Data and Aggregated Data for broader research, benchmarking, model training, product development, commercialization, and publication, in each case as permitted by applicable law.

• Train, fine-tune, evaluate, validate, retrain, and benchmark machine learning models, statistical models, foundation models, and other algorithms used in or related to the Services;
• Build, refine, and maintain reference datasets, embeddings, feature stores, normative ranges, and labeled corpora, using Deidentified Data or Aggregated Data where reasonably feasible;
• Develop, test, and deploy current and new Eclipse products, software, hardware, firmware, application programming interfaces, software development kits, plug-ins, and integrations;
• Create Derivative Materials for athletics, sports medicine, physical therapy and rehabilitation, tactical and occupational human performance, ergonomics, consumer wellness, robotics, and other domains, provided that those Derivative Materials do not reasonably identify you unless Eclipse has a separate lawful basis or consent for that specific identifiable use;
• License, sell, or otherwise commercialize Deidentified Data, Aggregated Data, and Derivative Materials to customers, partners, and other third parties only where the materials do not reasonably identify you and the use is permitted by applicable law. Eclipse does not sell or license identifiable Sensor Data, biometric information, consumer health data, or Profile Data for third-party commercialization without separate affirmative consent or a specific Customer instruction where applicable;
• Publish research and educational materials, including peer-reviewed publications, white papers, blog posts, conference presentations, and marketing collateral, based on Deidentified Data, Aggregated Data, or information used with appropriate consent.

Authorization and consent. Where a state law, platform rule, Customer agreement, or the nature of a feature requires separate or opt-in consent for a specific use, we will obtain that consent through the App, a separate consent document, or another legally valid process before the relevant processing begins. Nothing in this Privacy Policy is intended to waive any non-waivable privacy right.

Third-Party AI Models. Where we use third-party large language models, foundation models, or other artificial intelligence services to provide features of the Services (for example, natural language reports, coaching summaries, or chat-based interfaces), we require those providers by contract to process information only to provide the requested service to Eclipse and not to use your information to train their own models. Where feasible, we limit what is sent to such providers to Deidentified Data or Aggregated Data.

HealthKit Exclusion. Notwithstanding the foregoing, Eclipse does not use HealthKit Data to train machine learning models or to create or commercialize Derivative Materials, except as expressly permitted by Apple's App Store Review Guidelines and with your separate, informed consent.

4.4 Personalization and Recommendations

• Personalize content, dashboards, training recommendations, and notifications;
• Surface comparisons against your historical baselines, your team or squad, position group, or normative ranges;
• Adapt the user interface and reports to your role and use case.

4.5 Communications and Marketing

• Send transactional messages, security alerts, and service announcements;
• Respond to your requests, surveys, and support inquiries;
• With your consent or where otherwise permitted by law, send marketing communications about Eclipse products, events, and research.

4.6 Safety, Security, and Compliance

• Protect the Services from fraud, abuse, intrusion, and security incidents;
• Investigate suspected violations of our Terms of Service or applicable law;
• Enforce our agreements and protect the rights, property, or safety of Eclipse, our users, or others;
• Comply with legal obligations, including responses to lawful requests by public authorities.

4.7 Business Operations

• Manage corporate operations, accounting, audits, insurance, taxes, and recordkeeping;
• Plan, conduct, or support business transactions (including financings, partnerships, joint ventures, mergers, acquisitions, divestitures, and reorganizations) and related diligence.

5.1 With Your Team or Organization

If you use the Services through a Customer, we share Account Data, Profile Data, Sensor Data, Derived Data, Performance Data, Session Metadata, Device Data, Usage Data, and related information with that Customer and its authorized Staff Users (for example, coaches, performance staff, sports scientists, clinicians, athletic trainers, and administrators) according to the access controls, roles, and settings established for the Customer's account. The Customer's use of your information is governed by the Customer's own policies, its relationship with you, and any applicable agreements between the Customer and Eclipse.

5.2 With Service Providers and Sub-Processors

We share information with vendors, contractors, and other service providers that process information on our behalf, including cloud hosting, data storage, content delivery, analytics, error monitoring, customer support, communications, payment processing, identity verification, security, and professional services. These providers are bound by contractual obligations to use information only for the purposes we authorize and consistent with this Privacy Policy and applicable law. Eclipse maintains a list of material sub-processors and will make that list available through the Sites, through the App, or upon request at contact@eclipseperf.com.

5.3 With Research, Clinical, and Development Partners

We may share information with academic researchers, sports medicine and biomechanics laboratories, clinicians, robotics developers, athletic federations, and other partners for research, development, and validation purposes. Where we share information for these purposes, we use Deidentified Data or Aggregated Data wherever feasible. Where Deidentified Data or Aggregated Data is not feasible for a particular use case, we will only share identifiable information with appropriate safeguards, written agreements that restrict the partner's use of the data, and, where required by law or Customer agreement, your consent or the Customer's instruction. Where research is conducted under an institutional review board (“IRB”) or equivalent ethics protocol, the applicable Informed Consent Form (“ICF”) and study protocol will govern the use of your data within the study, and will control over this Privacy Policy with respect to that study where there is a conflict.

5.4 In Connection With Corporate Transactions

If Eclipse is involved in a financing, merger, acquisition, divestiture, reorganization, dissolution, bankruptcy, or other corporate transaction, we may share information with prospective and actual counterparties, their advisors, and successors. We will use commercially reasonable efforts to direct any such recipient to use your information in a manner consistent with this Privacy Policy.

5.5 For Legal and Safety Reasons

We may disclose information to comply with laws, regulations, subpoenas, court orders, or other legal process, to respond to lawful requests from public authorities, to protect the rights, property, or safety of Eclipse, our users, or the public, to enforce our agreements, and to detect or prevent fraud, security, or technical issues.

5.6 With Your Direction or Consent

We share information with third parties when you direct us to do so or with your consent. Common examples of sharing at your direction are described in Section 6.

5.7 Aggregated and Deidentified Information

We may use and disclose Deidentified Data and aggregated information for lawful purposes, including research, product improvement, benchmarking, publications, reports, and marketing. We do not attempt to reidentify Deidentified Data, except as expressly permitted by law (for example, to validate that our deidentification processes are working). Recipients of Deidentified Data are contractually prohibited from attempting reidentification where required by law or appropriate for the disclosure.

10.1 General Choices

• You can access and update certain Account Data and Profile Data through your account settings;
• You can disconnect Eclipse hardware and uninstall the App at any time;
• You can manage iOS permissions for the App at any time through your iOS Settings;
• You can unsubscribe from marketing emails using the link in those emails or by contacting us;
• You can manage cookies and similar technologies through your browser settings or any cookie banner we present;
• You can manage operating system level permissions (Bluetooth, notifications, motion data, advertising identifiers) through your device settings.

10.2 Account Deletion

You may delete your Eclipse account at any time. To delete your account:

• In the App: open the Eclipse App, go to Settings, select Account, and tap “Delete Account.” Confirm the deletion when prompted.
• On the Sites: if account-management functionality is available through the Sites, log in to your Eclipse account, go to Account Settings, and select “Delete Account.”
• By Email: send a deletion request to contact@eclipseperf.com from the email address associated with your account.

Following account deletion, we will delete or deidentify your Account Data, Profile Data, Sensor Data, Derived Data, Performance Data, Session Metadata, Device Data, Usage Data, Communications, and any photographs, videos, and other media you have uploaded to the Services, subject to the exceptions described in Section 7 (Retention) and Section 15 (Effect of Withdrawal). If you use the Services through a Customer, the Customer may retain copies of certain information in accordance with its own policies and agreements, and you should also contact the Customer to exercise rights with respect to information the Customer controls. Deletion of your account is permanent and cannot be undone.

10.3 State Privacy Rights Overview

Depending on the state in which you reside, you may have rights under one or more comprehensive privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, the Montana Consumer Data Privacy Act, the Delaware Personal Data Privacy Act, the New Hampshire Privacy Act, the New Jersey Data Privacy Act, the Maryland Online Data Privacy Act, the Minnesota Consumer Data Privacy Act, the Rhode Island Data Transparency and Privacy Protection Act, the Kentucky Consumer Data Protection Act, the Indiana Consumer Data Protection Act, the Iowa Consumer Data Protection Act, the Tennessee Information Protection Act, and the Nebraska Data Privacy Act, among others. These rights typically include:

• Right to Know or Access: to confirm whether we process personal information about you and to obtain a copy.
• Right to Correct: to correct inaccurate personal information.
• Right to Delete: to request deletion of personal information, subject to legal exceptions.
• Right to Portability: to obtain personal information in a portable, readily usable format.
• Right to Opt Out of Targeted Advertising, Sale, and Certain Profiling: to opt out of processing your personal information for those purposes.
• Right to Limit Use of Sensitive Personal Information: under certain laws (including the CCPA), to limit our use and disclosure of sensitive personal information.
• Right Against Discrimination: to exercise these rights without receiving discriminatory treatment.
• Right to Appeal: if we decline to act on your request, you may appeal that decision as described in the applicable law.

Submitting a Request. You can submit a request by emailing contact@eclipseperf.com, by using any privacy request form made available through the Sites or App, or by writing to the contact information in Section 17. We will verify your request in accordance with applicable law. You may use an authorized agent to submit a request on your behalf, subject to the verification standards required by applicable law; if you would like to designate an authorized agent, please contact us at the address in Section 17. If you use the Services through a Customer and your request relates to data controlled by the Customer, we will direct your request to that Customer and notify you accordingly.

10.4 California Residents (CCPA / CPRA)

This Section provides additional disclosures to California residents under the CCPA.

Categories of Personal Information Collected. Over the preceding 12 months, we have collected the categories of personal information listed in Section 3, which correspond to the following CCPA categories: identifiers; customer records information (Cal. Civ. Code section 1798.80); characteristics of protected classifications (where you choose to provide them); commercial information; internet or other electronic network activity information; geolocation data (approximate, derived from IP address); audio, electronic, visual, thermal, or similar information; professional or employment-related information (for institutional users); inferences drawn from any of the above; and sensitive personal information (described below).

Sensitive Personal Information. Eclipse collects categories of sensitive personal information, including: account log-in credentials; the contents of certain communications; biometric information processed for the purpose of uniquely identifying or characterizing an individual; personal information collected and analyzed concerning a consumer's health (including Sensor Data and Derived Data); and, as recognized by California law (including the neural data amendment in California Senate Bill 1223), neural data. We use sensitive personal information primarily to provide and improve the Services, including for the purposes set out in Section 4.3. California residents have the right to limit our use and disclosure of sensitive personal information to those purposes that are necessary to provide the Services as reasonably expected. You may exercise that right by submitting a request as described in Section 10.3. We do not share sensitive personal information with third parties for their own advertising or marketing purposes.

Sale or Sharing of Personal Information. Eclipse does not sell personal information. You may opt out of such sharing as described in Section 10.3 or by interacting with a Global Privacy Control signal that we recognize on the Sites. We do not knowingly sell or share the personal information of consumers under 16 years of age.

California Shine the Light. California Civil Code Section 1798.83 permits California residents to request from us once per calendar year information about the categories of personal information (if any) we shared with third parties for those third parties' direct marketing purposes during the prior calendar year, and the names and addresses of those third parties. To submit a Shine the Light request, please contact contact@eclipseperf.com with the subject line “Shine the Light Request.”

Notice of Financial Incentive. Eclipse may from time to time offer programs (for example, research participation programs) that could constitute a financial incentive under the CCPA. Where we do so, we will provide a separate notice describing the material terms of the program and obtain your opt-in consent.

10.5 Illinois Residents (Biometric Information Privacy Act)

If you are an Illinois resident, the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq., may apply to certain Sensor Data and Derived Data that we collect and process. Eclipse maintains a written biometric information policy that addresses the collection, retention, and destruction of biometric identifiers and biometric information (the “BIPA Policy”), and will make that policy available through the App, through the Sites, or upon request at contact@eclipseperf.com where required. Eclipse will not collect or capture biometric identifiers or biometric information from Illinois residents without first providing the notice required by BIPA and obtaining a written release. By providing such written release through the consent flow in the App or any separate consent document we present to you, you authorize Eclipse to collect, store, use, and disclose your biometric identifiers and biometric information for the purposes set out in this Privacy Policy and the BIPA Policy.

10.6 Texas Residents (Capture or Use of Biometric Identifier)

If you are a Texas resident, Texas Business and Commerce Code section 503.001 (Capture or Use of Biometric Identifier, “CUBI”) may apply to certain Sensor Data and Derived Data. Eclipse provides notice and obtains consent before capturing a biometric identifier for a commercial purpose, retains biometric identifiers in accordance with the standards of CUBI, and destroys them within the period required by law. Texas residents also have rights under the Texas Data Privacy and Security Act, as described in Section 10.3.

10.7 Washington Residents (My Health My Data Act)

If you are a Washington resident, the Washington My Health My Data Act (“MHMDA”), RCW 19.373 et seq., may apply to certain consumer health data we collect about you. Eclipse maintains a separate Consumer Health Data Privacy Policy that describes our collection, use, sharing, and protection of consumer health data, and will make that policy available through the App, through the Sites, or upon request at contact@eclipseperf.com where required. Washington residents have the right to access, withdraw consent for the processing of, and request deletion of consumer health data, and the right to a list of third parties with whom we have shared consumer health data, in each case in accordance with MHMDA. Eclipse will obtain your separate consent before collecting or sharing consumer health data beyond what is necessary to provide a product or service that you have requested, and will obtain authorization before selling consumer health data. Eclipse does not sell consumer health data for monetary consideration.

10.8 Nevada Residents

If you are a Nevada resident, Chapter 603A of the Nevada Revised Statutes provides you the right to direct a covered operator not to sell certain information that the operator has collected or will collect about you. Eclipse does not sell personal information as defined by Nevada law. You may nevertheless submit a request as described in Section 10.3.

10.9 Other Comprehensive State Laws

Residents of states with comprehensive privacy laws have the rights summarized in Section 10.3. Where applicable, Eclipse will obtain opt-in consent before processing sensitive data (which under several of these laws includes biometric data processed for the purpose of uniquely identifying an individual and personal data concerning health) and before processing the personal data of a known child for targeted advertising, sale, or certain profiling. Eclipse honors universal opt-out mechanisms (such as Global Privacy Control) where required by these laws. If we deny a request, you may appeal the denial as described in the applicable law.

10.10 Health Information and HIPAA

Eclipse is not a covered entity or business associate under the Health Insurance Portability and Accountability Act (“HIPAA”) when providing the Services directly to consumers, athletes, or non-covered Customers. When Eclipse provides Services to a Customer that is a HIPAA-covered entity (for example, certain clinics or healthcare providers), Eclipse may act as a business associate and will execute a business associate agreement with that Customer. In those cases, the Customer's notice of privacy practices governs the handling of protected health information, in addition to this Privacy Policy.

10.11 International Transfer, Storage and Processing

We operate from the United States and the personal information we collect or receive is processed in the United States and may be processed in other countries around the world. If you are located in the European Economic Area or other regions with laws governing data collection and use that may differ from United States law, please note that we may transfer data, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You consent to the transfer of personal information to the United States or any other country in which we, our affiliates or vendors maintain facilities and to the use and sharing of information about you as described in this Privacy Policy.

13.1 Grant of Rights

Subject to applicable law and the other terms of this Privacy Policy (including the notices and consents described in Section 12, the rights described in Section 10, and the HealthKit exclusion described in Sections 4.3 and 13.7), you authorize Eclipse to access, collect, store, host, transmit, reproduce, process, analyze, label, transform, combine, and otherwise use the categories of information below as reasonably necessary to provide, support, secure, troubleshoot, analyze, personalize, and improve the Services; comply with legal obligations; enforce agreements; and carry out Customer instructions. For identifiable personal information, this authorization is limited to those purposes unless Eclipse obtains separate consent, Customer instruction, or another valid legal basis for the specific additional use.

• Sensor Data, to the extent collected through Eclipse hardware or integrations;
• Derived Data generated by Eclipse from Sensor Data, Performance Data, Profile Data, Usage Data, Device Data, Session Metadata, or other inputs;
• Performance Data and Session Metadata related to training, practices, games, rehabilitation, calibration, and similar sessions;
• Profile Data and Account Data needed to operate, personalize, secure, and support the Services;
• Usage Data and Device Data needed for product analytics, security, diagnostics, reliability, and support;
• Feedback, suggestions, support requests, and communications you submit to Eclipse;
• Photographs, videos, and other media you choose to upload, only for the feature, support request, research protocol, or consented use for which they were provided; and
• Deidentified Data and Aggregated Data derived from the foregoing categories.

13.2 Derivative Materials

Eclipse may create and retain Derivative Materials based on Deidentified Data or Aggregated Data and may use, sublicense, sell, distribute, and otherwise permit third parties to use those Derivative Materials for lawful purposes, including research, commercialization, product and service development, robotics, and other applications, provided that the Derivative Materials do not reasonably identify you. Eclipse will not sell, license, or otherwise disclose identifiable Sensor Data, biometric information, consumer health data, Profile Data, photographs, videos, or similar sensitive information for third-party commercialization without separate affirmative consent, Customer instruction where applicable, or another valid legal basis. This Section 13.2 remains in effect after deletion of your account or withdrawal of consent only for Deidentified Data, Aggregated Data, and non-identifying Derivative Materials.

13.3 Ownership of Outputs

As between you and Eclipse, all Derivative Materials, including all intellectual property rights in or to them, are and will remain the sole and exclusive property of Eclipse, subject to your privacy rights in your personal information and any restrictions imposed by applicable law, Customer agreements, or separate consent terms. Nothing in this Privacy Policy grants you any rights in any Eclipse intellectual property.

13.4 Deidentified Data

Eclipse may deidentify your information by removing, masking, hashing, generalizing, perturbing, or otherwise transforming identifiers, in each case in accordance with applicable law. When we treat information as Deidentified Data, we will maintain and use it without attempting to reidentify it except as permitted by law, and we will contractually require recipients to do the same where required or appropriate. Deidentified Data may be used and disclosed by Eclipse for lawful purposes described in this Privacy Policy.

13.5 No Compensation

You are not entitled to compensation, royalties, attribution, or other consideration as a result of Eclipse's use of Deidentified Data, Aggregated Data, or non-identifying Derivative Materials under this Section 13, unless a separate written agreement says otherwise.

13.6 Effect on Trained Models

To the extent permitted by law, information that has been incorporated into trained models, embeddings, reference datasets, or Derivative Materials before a deletion, opt-out, or withdrawal request may not be retrievable in identifiable form. Following such a request, Eclipse may not be required to retrain, rebuild, modify, delete, or withdraw a model, embedding, dataset, or Derivative Material that was created or improved before the request was received and processed, provided the retained material does not reasonably identify you.

13.7 HealthKit Exclusion

The license and authorization granted in this Section 13 do not extend to HealthKit Data. Eclipse does not use HealthKit Data to train machine learning models or to create or commercialize Derivative Materials, except as expressly permitted by Apple's App Store Review Guidelines and with your separate, informed consent.

14.1 App Tracking Transparency

Apple's App Tracking Transparency framework requires apps to request your permission before tracking you across apps and websites owned by other companies for advertising or measurement purposes, or before sharing your data with data brokers. The Eclipse App does not track you across apps and websites owned by other companies and does not share your data with data brokers. As a result, the App does not request App Tracking Transparency permission and does not use the iOS advertising identifier (IDFA) for cross-app advertising. If this changes in a future version of the App, we will update this Privacy Policy and present the appropriate App Tracking Transparency prompt before any such tracking begins.

14.2 Analytics

We use first-party and third-party analytics tools to understand how users interact with the App and the Sites and to improve our products. These tools collect Usage Data, Device Data, and aggregated information about user behavior. We do not allow our analytics providers to use this information for their own independent purposes.

14.3 No Cross-Context Behavioral Advertising in the App

The App does not display third-party advertising. Limited advertising and marketing may appear on the Sites; where it does, you may opt out as described in Section 11 and Section 10.3.

16.1 Third-Party Services and Links

The Services may contain links to third-party websites, apps, or services, or may interoperate with third-party platforms (for example, the Apple App Store, athlete management systems, electronic medical record systems, video review tools, GPS or LPS tracking systems, or other performance platforms). This Privacy Policy does not apply to those third-party services. We encourage you to review the privacy policies of those third parties before providing any information to them.

16.2 Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will revise the “Last Updated” date at the top of this Privacy Policy. If we make material changes, we will provide additional notice (for example, by email, through an in-App notice, or by a banner on the Sites) as required by applicable law. Your continued use of the Services after the effective date of an updated Privacy Policy constitutes your acceptance of the updated terms, except where additional consent is required by applicable law.