Under Armour's app acquisitions will soon share a privacy policy, terms of service

By Jonah Comstock

For the first time since acquiring MapMyFitness, Endomondo, and MyFitnessPal, Under Armour has updated the privacy policies and terms and conditions of all three apps, to create a single unified document, which covers MapMyFitness, MyFitnessPal, Endomondo, and Under Armour's own UA Record app. These will apply to the company's nearly 160 million unique app users. The new terms of use take effect for MapMyFitness users February 29th; the exact date they'll apply to Endomondo and MyFitnessPal users hasn't been announced. They went into effect January 22nd for Under Armour's UA Record app users.

Interestingly, though, the privacy policies and terms of service of the three apps were nearly identical already, and very little has changed with the update.

Under Armour deserves some credit for making the new terms document user-friendly, by adding grey summary boxes that paraphrase the legalese in each section. But these boxes also oversimplify in some cases -- for instance, above the arbitration clause, in which users waive their right to a trial by jury in the case of a dispute with Under Armour, the summary reads simply "If we have a problem, let’s practice good sportsmanship."

As in the previous versions of all three apps' terms, as well as under the new unified document, Under Armour doesn't own the content that users post in apps per se, but users do grant Under Armour "a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the services are available), commercialize, create derivative works of, and otherwise exploit such user-generated content in connection with any and all services."

The terms also lay out the circumstances in which Under Armour can share user's identifiable personal data (including location data and performance data). There are three reasons Under Armour can share personal data without express permission are (1) if required to by law, for instance if subpoenaed, (2) if the company is acquired or merges with a company, or (3) with partners, vendors, distributors, and suppliers. Category 3 is the most broad, but Under Armour does at least give some examples.

"We also work with partners, vendors, distributors, and suppliers," the terms read. "These third parties may have access to or process your personal data, but only to the extent it is necessary for them to (1) provide their products and services to us, or (2) to provide you the products and services that you have requested. For example, we may use third-party providers to assist us with marketing and advertising our products and services, delivering customer service and support (for example, when you have a question, complaint or technical issue with your account), and for e-commerce order fulfillment."

The terms also lay out what Under Armour itself will do with user data, which includes using it for their own advertising and marketing campaigns (not selling or giving it to third-party advertisers). The notable exception here is data entered via Apple HealthKit, which Under Armour cannot use for marketing or advertising purposes, because of Apple's more stringent terms and conditions.

The few changes that are being made as a result of this unification seem to affect Endomondo, which makes sense since it's the only non-US-based company of the three. Its users will now be bound by an arbitration clause (they weren't before) and the section dealing with Endomondo's Employee Fitness program is also gone. 

Endomondo's Employee Fitness program itself appears to have shut down -- there's no longer any mention of it on Endomondo's website. And that's not the only streamlining that's happened since the acquisition. Endomondo's "Endomondo Life" app, which offered passive all-day tracking, has also shut down as of August 2015. MapMyFitness also killed six of its smaller apps in November: Run Coach Pro, 5K Coach, 10K Coach, Half Marathon Coach, Marathon Coach, and 50K Coach.