PRIVACY POLICY

Last updated as of May 5, 2022

  1. Introduction

  2. Collection and Use of Personal Information

  3. Disclosure of Personal Information

  4. Retention of your Personal Information

    Your Personal Information will be retained for as long as may be necessary or relevant for the identified purpose of collection, or as may be required or permitted by law, after which time the Vendor will no longer retain such information in a form capable of identifying an individual, household, or legal entity. For more information about our retention periods, please contact the Vendor (see the « Contact the Vendor » section).

  5. Children's Privacy

    The Services are not directed to children under the age of 18, and we do not knowingly collect Personal Information from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Information has been collected on the Services from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has provided Personal Information, then you may alert us as set forth in the "Contact the Vendor" section and request that we delete that child's Personal Information from our systems.

  6. Rights to Your Information

    On written request and subject to proof of identity, you may access the Personal Information that we hold, used or communicated and ask that any necessary corrections be made, where applicable, as authorized or required by law. However, to make sure that the Personal Information we maintain about you is accurate and up to date, please inform us immediately of any change in your Personal Information by mail or email.

    Under the GDPR, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to access your Personal Information and certain other supplementary information, under certain conditions; (iii) the right to object to unlawful data processing, under certain conditions; (iv) the right to erasure of Personal Information about you, under certain conditions; (v) the right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your Personal Information is inaccurate; (vi) the right to data portability of Personal Information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; (viii) the right to lodge a complaint with data protection authorities. If you want to learn more about your rights under the GDPR, you can visit the European Commission's page on Data Protection at: http://ec.europa.eu/justice/data-protection/index_en.htm .

  7. Aggregated Data

    You expressly acknowledge, agree and consent to the Vendor collecting, combining, manipulating and using your Personal Information to create generalized, anonymous information, stripped of data capable of identifying an individual or legal entity (the “Aggregated Data”), and using, disclosing and commercializing such Aggregated Data as the Vendor deems fit. Your identity and Personal Information will be kept anonymous in the Aggregated Data.

  8. Software Installation, Cookies, Log Files, and Do Not Track Signals

    Like many websites, the Vendor also uses "cookies" and similar tracking technologies to collect information (hereinafter, all together “cookies”). A cookie is a small data file that the Vendor transfers to your computer’s hard disk for record-keeping purposes.

    You expressly acknowledge, agree and consent to the Vendor installing software and cookies relating to the Services on one or more of your electronic devices and using tracking tools, pixel tags, cookies and log files for purposes the Vendor deems fit, including without limitation, to track which page variants you have seen, to track if you have clicked on a page variant, to monitor traffic patterns, to gauge popularity of service options and to gather information used to deliver relevant content and services to you. For more information, please see the Cookies Policy [NTD : insert a link to the Cookies Policy].

    The Services do not alter what data is collected or how the data is used in response to Do Not Track signals.

  9. Change of Ownership or Business Transition

    You expressly acknowledge and agree that in the event of a change of ownership or other business transition, such as a merger, acquisition or sale of the Vendor’s assets, your Personal Information may be transferred (e.g., to a successor) in accordance with applicable privacy laws.

  10. Withdrawing Consent

    You have the right to withdraw your consent relating to the collection, use or disclosure of your Personal Information at any time, except where such withdrawal would frustrate the performance of a legal obligation.

  11. Security

  12. Privacy Laws of Other Jurisdictions

     

    Your California Privacy Rights

     

    Under the California Consumer Privacy Act (“CCPA”) and other California laws, such as California Civil Code Section 1798.83, California residents may have the following rights in addition to those set forth elsewhere in this Privacy Policy, subject to your submission of an appropriately verified request where required by applicable law (see below for verification requirements):

     

    Right to Know

    You may request any of following, for the 12 month period preceding your request: (1) the categories of personal information we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your personal information was collected; (3) the business or commercial purpose for which we collected or sold your personal information; (4) the categories of third parties to whom we have sold your personal information, or disclosed it for a business purpose; and (5) the specific pieces of personal information we have collected about you.

    Right to Delete

    You have the right to delete certain personal information that we hold about you, subject to exceptions under applicable law

    Right to Non-Discrimination

    You have the right to not to receive discriminatory treatment as a result of your exercise of rights conferred by the CCPA.

    Direct Marketing

    You may request a list of personal information we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year.

    Sale of Personal Information

    We will not “sell” (as defined by the CCPA) your personal information.

    Minors

    We do not knowingly collect information from persons under the age of 18.

     

    Submission and Verification of Requests

     

    You may submit any of the above requests by emailing privacy@trainerize.com, calling us at 1-844-625-1155, or mailing us at TSR Gym Technik, LTD, C/O ABC Fitness Solutions, LLC, 208 E. Kiehl Ave., Sherwood, AR 72120

     

    All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your personal information. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other data we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.

     

    Data Processing

     

    Categories of Personal Information Disclosed for Business Purposes

     

    For purposes of the CCPA, we may disclose to third party service providers for “business purposes” the following categories of Personal Information: account information, fitness information, financial information, log and usage data, location information, social media and app information, and YouTube API data.

     

    Categories of Personal Data sold

     

    We do not “sell” your Personal Data (as defined by CCPA).

     

    Right to Know

     

    Category of Data

    Context

    Category of Sources

    Business Purposes

    Commercial Purposes

    Category of Recipients

    Account and identity information

    When you create or update an account through our Services;

    When you make a purchase or other transaction through the Services;

    When you access or use the Services

    When you provide it to us;

    Cookies and other tracking technologies;

    Feedback and Surveys;

    When you enter a contest or promotion


    From you;

    Partner organizations;

    Service Providers

    Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance; Aggregated data; Other Business Purposes

    Marketing Communications; Personalization

    Partner organizations; Service Providers; Trainer; TSR Customer; Data Aggregators; Successors; Law enforcement authorities; Other lawful recipients

    Fitness information

    When you provide it to us;


    From you, your Trainer, or your TSR Customer

    Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Aggregated data; Other Business Purposes

    Marketing Communications; Personalization

    Partner organizations; Service Providers; Trainer; TSR Customer; Data Aggregators; Successors; Other lawful recipients

    Financial information

    When you make a purchase or other transaction through our Services;

    When you provide financial information in your account


    From you;

    Partner organizations; Service Providers

    Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance; Aggregated data; Other Business Purposes

    None

    Partner organizations; Service Providers; Data Aggregators; Successors; Law enforcement authorities; Other lawful recipients

    Employment information

    When you apply for a position through the Services;

    When you provide the information to us

    From you; Partner Organizations; Service Providers

    Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance; Aggregated data; Other Business Purposes

    None

    Partner organizations; Service Providers; Successors; Law enforcement authorities; Other lawful recipients

    Commercial Information

    When you make a purchase or other transaction through our Services

    From you; Partner Organizations; Service Providers

    Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance; Aggregated data; Other Business Purposes

    Marketing communication; Personalization

    Partner organizations; Service Providers; Trainer; TSR Customer; Data Aggregators; Successors; Law enforcement authorities; Other lawful recipients

    User Content

    When you access or use our Services;

    When you create or update your account on our Services;

    When you enter a contest or other promotion;

    Feedback and surveys;

    When you contact us or submit information to us;

    When you link content from other applications (e.g., FitBit) or social media (e.g., YouTube);

    When you provide your user content through our Services

    From you; Service Providers; Partner Organizations; social media companies

    Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance; Aggregated data; Other Business Purposes

    Marketing communications; Personalization

    Partner organizations; Service Providers; Trainer; TSR Customer; Trainee; Data Aggregators; Successors; Law enforcement authorities; Other lawful recipients

    Log and usage data

    When you access our Services

    When you make a purchase or transaction through our Services

    Cookies and other tracking technologies

    From you; Automatic collection; Service Providers; Partner organizations; social media companies

    Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance; Aggregated data; Other Business Purposes

    Marketing communications; Personalization

    Partner organizations; Service Providers; Trainer; TSR Customer Data Aggregators; Successors; Law enforcement authorities; Other lawful recipients

    Location information

    General location (e.g., by IP address):

    When you access our Services;

    Specific Location: when you grant us permission

    From you; Service providers

    Service Provision and Contractual Obligations; Internal Processing and Service Improvement; Security and Incident Detection; Compliance; Aggregated data; Other Business Purposes

    Marketing communications; Personalization

    Partner organizations; Service Providers; Data Aggregators; Successors; Law enforcement authorities; Other lawful recipients

  13. Governance

  14. Contact the Vendor

    If you have any questions or comments about this Privacy Policy or your Personal Information, to make an access or correction request, to exercise any applicable rights, to make a complaint, or to obtain information about our policies and practices with respect to any service providers outside Canada, our Privacy Officer (or Data Protection Officer) can be reached by email using the following contact information: privacy@abcfitness.com.