PRIVACY POLICY EVERY BODY'S PERSONAL TRAINER
Effective from: OCTOBER 20, 2019
1.0 INTRODUCTION
1.1 Every Body's Personal Trainer (refers to here as "we", "us", "our", the "Company") operates http://www.everybodyspersonaltrainer.com ["website"] and the in-home fitness training services offered through it (collectively as the "Service"). We value the privacy of our customers and other individuals (collectively "You", "User", "trainee" or "Client") that use the Service.
1.2 This privacy policy ["Policy"] sets out the conditions under which we may process any information that Every Body's Personal Trainer collects from you or that you provided to Every Body's Personal Trainer. It covers information that could identify you ("personal information") and information that could not. In the context of the law and this notice, "process" means collect, store, transfer, use or otherwise act on information.
1.3 This policy does not apply to information collected by:
us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
1.4 Our access and handling of user information is subject to the General Data Protection Regulations (GDPR) as per May 25, 2018. The law requires that Every Body's Personal Trainer tell you about your rights and their obligations to you as regards the processing and control of your personal data.
1.5 By using the Service, you are consenting to Every Body's Personal Trainer processing your information as described in this Policy now and as amended by us. You also agree that Google can use such data in accordance with our Policy. You and Google also agree to the Google Ads Controller-Controller Data Protection Terms.
1.6 Unless otherwise defined in this Policy, the terms used in this Policy have the same meanings as in Every Body's Personal Trainer Terms of use.
1.7 You consent to us collecting, using, disclosing and handling personal information as described in this policy, and agree to be bound by the obligations it imposes on you.
2.0 ABOUT US
Every Body's Personal Trainer is a registered in-house fitness trainer company in the USA.
3.0 DEFINITIONS
"Personal Information" is information that identifies or could be used to identify you which is collected by our website or mobile application or is otherwise submitted to the Company. Personal Information can be either information submitted by you or information which is passively collected.
4.0 PERSONAL DATA COLLECTED
Identity data may include first name, last name, marital status, title, and gender.
Contact data includes address, email address, and telephone number.
Login data including the username and password connected with your created account and sign-in process
Health Data includes information relating to your health history and level of fitness
Profile data – Feedback and survey responses, preferences about the use of the Service
Referrals: If you were referred to us by someone, we may keep a record of the referral source;
Profile Data includes your membership identification number, subscriptions made by you, your interests, preferences, feedback, and survey responses.
Technical data includes your internet protocol address, browser type and version, domain, plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices used to access our Service.
Usage data includes information from your web browser about how you use the Service.
Enquiry data includes calls you make and submitted forms
Social Media data includes contents you post on Every Body's Personal Trainer social media pages, likes and other interactions with Every Body's Personal Trainer social media content, social media username. You can control the information Every Body's Personal Trainer receive from social media platforms such as Facebook, Instagram, Snapchat, and Twitter by using the privacy and data settings in your social media accounts
Financial Data includes Credit card information (requested) to complete your membership subscription through our Platform. Additionally, unique transaction IDs are recorded for customer support and to process refund requests;
Transaction Data includes details about payments to and from you and other details of the Service that you subscribed to.
Marketing and communications data includes preferences in receiving marketing communications from Every Body's Personal Trainer and Every Body's Personal Trainer’s third parties and your communication preferences.
Aggregated Data includes statistical or demographic data for any purpose.
We do not collect any information (i) about criminal convictions and offences and if you fail to provide personal data.
5.0 INFORMATION YOU CHOOSE TO GIVE US AND THIRD PARTY
5.1 Information You Choose To Give Every Body's Personal Trainer
5.1.1 You may choose to provide Every Body's Personal Trainer with additional personal information to obtain a better training experience when using our Service. The additional information is processed based on your consent.
Additional Profile Information: You may choose to provide additional information as part of your profile. Some of this information as indicated in your Account settings is part of your personal profile page, and may be visible to other user.
Other Information: You may otherwise choose to provide Every Body's Personal Trainer with information when you fill in a form, search, update or add information to your Every Body's Personal Trainer Account, respond to surveys, post to community forums, participate in promotions, or use other features of our website.
5.2 Information from Third Parties
a) Every Body's Personal Trainer uses third parties to collect:
usage information, behavioral information, demographic information, payment information and customer input data.
anonymous information about visitors to the website to display ads on other websites believed to be relevant to certain market segments;
b) The Company may allow third parties to collect information for the following purposes:
To display ads on the Company’s website or via the mobile application
To gather general statistical data; and
To link social media activity. The Company may include features on its website or via the mobile application that allow social networks (such as Facebook, twitter, Instagram, etc.) to track the activities of their members.
6.0 WHEN WE COLLECT YOUR PERSONAL DATA
6.1 Every Body's Personal Trainer uses different methods to collect data about you. These include:
Direct interactions: You may give us your Identity, Contact and Financial Data when you sign up or by corresponding with us by post, via email or over the phone, through the chat function on our website, form submission or otherwise. This includes personal data you provide when you join Every Body's Personal Trainer or place a request for our Service and include circumstances in which you:
Create an account with us;
Subscribe to our Service;
Request marketing to be sent to you;
Give us some feedback.
Automated technologies or interactions: As you interact with our website, Every Body's Personal Trainer may automatically collect Technical Data about your devices, browsing actions and patterns. Every Body's Personal Trainer collects this personal data by using cookies, server logs and other similar technologies. [Name} may also receive Technical Data about you if you visit other website using our cookies. Please see our cookie policy for further details.
Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources.
7.0 HOW WE USE YOUR INFORMATION
7.1 In no particular order, Every Body's Personal Trainer may use the information collected from you when the law allows it to:
Register you as a new member or client
Respond to your enquiry
process your purchases of products and services
Create web statistics that help us improve our Service for our visitors
Ensure our Service is appropriate for your circumstances
Book you in for an appointment
Keep record of the Service provided
maintain and improve the sites and the products and services offered
detect, prevent, or investigate security breaches or fraud
maintain appropriate records
Manage our relationship with you which will include, notifying you about changes to our terms or privacy policy and asking you to leave a review or take a survey, and
For our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
Make suggestions and recommendations to you about our fitness related services that may be of interest to you
Comply with a legal or regulatory obligation;
Allow us to better service you in responding to your customer service requests;
7.2 Every Body's Personal Trainer does not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
8.0 WHAT IF YOU FAIL TO PROVIDE YOUR PERSONAL DATA
Where Every Body's Personal Trainer needs to collect personal data by law, or under the terms of a contract we have with you and you fail to provide the data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our fitness training service). In this case, Every Body's Personal Trainer may have to cancel the Service you have with us but will notify you if this is the case at the time.
9.0 INFORMATION DISCLOSURE
a) Every Body's Personal Trainer is committed to keeping the personal information that you give us both private and secure. We do not sell, share or otherwise transfer personal data to any third parties without consent, or, unless required by law.
b) To the extent necessary, Every Body's Personal Trainer may disclose your personal information in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend the rights or property of Every Body's Personal Trainer; prevent or investigate possible wrongdoing in connection with Every Body's Personal Trainer; protect the personal safety of users of the Every Body's Personal Trainer or the public; protect against legal liability.
c) Financial transactions relating to our Service is handled by us. We do not share any transaction data with any payment service provider.
d) We may disclose your enquiry data to one or more of the third party providers of our Service and website to enable them contact you to offer User relevant services. Such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting User, such third party will supply to User a copy of its own privacy policy, which will govern that third party's use of User personal data.
e) In addition to the specific disclosures of personal data set out above, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are Subject, or to protect User vital interests, or the interests of another natural person. We may also disclose User personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
10.0 INFORMATION DISCLOSURE WITH THIRD PARTIES
10.1 Every Body's Personal Trainer may share your information with selected third parties including business partners, suppliers and sub-contractors (such as your allocated personal trainer) for the provision of any service under contract we enter into with them or you.
10.2 Every Body's Personal Trainer may employ third party companies and individuals to facilitate our website, to manage this on our behalf, or to assist us in analyzing how our website is used.
10.3 Every Body's Personal Trainer may use a third-party analytics service to monitor and analyze the use of our Service, including Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our website. The data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
10.4 You can opt-out of having made your activity available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
11.0 MODIFYING YOUR DETAILS
11.1 We strive to maintain the accuracy of the personal information we hold and to keep such information up-to-date. If at you wish to change, update or remove your personal information from our records at any point please contact us at Every Body's Personal Trainer.
12.0 DATA STORAGE AND SECURITY
12.1 DATA STORAGE
12.1a For the purposes set out in this Policy, Every Body's Personal Trainer may process and store Your personal information outside of the state or province in which you reside and/or outside of the United States, and under the laws of those other jurisdictions. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other states, provinces or foreign jurisdictions may be entitled to access your personal information.
12.2 DATA SECURITY
a) The security of your data is important to us. We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. In order to prevent unauthorized access or disclosure, your personal data is held on trusted and secure third party cloud based systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls, and secure server software.
b) Note that no data transmissions over the Internet can be guaranteed to be 100% secure. Subsequently, we cannot warrant or ensure the security of any information you transmit to us. Doing so is at Your own risk. Once we receive your transmission, we make efforts to ensure security on our systems.
c) If we learn of a security systems breach, then we may attempt to notify you electronically so you can take necessary protective steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing, provided you notify us as described above.
13.0 EMAIL COMMUNICATIONS AND OPTING OUT
13.1 Email Communications
a) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails.
c) If User would no longer like to receive communication e-mail from Us, User can refer to the "Opting Out", section below to remove or modify information User have provided to us.
d) If you have not opted-in to receive e-mail newsletters, User will not receive these e-mails.
13.2 Opting Out
a. At any time, you can unsubscribe from Every Body's Personal Trainer emails using the unsubscribe links contained in any email that we send to User or by contacting Us at eric@everybodyspersonaltrainer.com.
14.0 NO GUARANTEE
While this Policy states our standards for protecting Your Data and we make efforts to meet them, we are not in any position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. Consequently, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.
DATA RETENTION
a) The personal information you provide to us is retained only for as long as necessary to fulfill the purposes for which the information was collected or as required by law.
16.0 BUSINESS TRANSITIONS
a) Upon the sale or transfer of the company and/or all or part of its assets, your personal information will likely be among the items sold or transferred. We will use reasonable efforts to direct the transferee to treat your data under the privacy statement in place at the time of its collection.
17.0 YOUR LEGAL RIGHTS
17.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include:
Access - You have the right to request a copy of the data we have on you and know how we use that information. If you wish to request this information, send an email to eric@everybodyspersonaltrainer.com with the word "Access" in the subject line. The email account from which you send the email request must match the email account for the personal data record requested. Depending on the amount and categories of data in the requested record, we will respond to your initial email with additional questions to verify that your identity matches the requested record. While we fully respect your right to request your data, we must verify your identity first.
Correction - If you find any mistakes in your data record, you may request that we correct the record by emailing your corrections to eric@everybodyspersonaltrainer.com. Please use the word "Correction" in the subject line. If we decide not to correct your data record, we will explain our reason(s) in writing within 30 days.
Erasure - You have the right to request that we erase the data we possess regarding you. If you wish to exercise this right, send an email to Every Body's Personal Trainer with the word "Erase" in the subject line. If we decide not to erase your data record, we will explain our reason(s) in writing within 30 days.
Restriction of processing - In certain circumstances, you have the right to request that we restrict the processing of the personal data that we have collected about you; for example, where you believe that the personal data that hold about you is not accurate or lawfully held.
Right to data portability - In certain circumstances, you have the right to receive the personal data concerning you that you have provided us in a structured, commonly used, machine-readable format, and the right to obtain that we transmit the data to another entity where technically feasible.
Right to object to the processing of data - In certain circumstances, you have the right to request that we stop processing your personal data.
Right to object to the processing of data for marketing purposes - You have the right to request that we stop sending you marketing communications.
Right not to be subject to decisions based solely on automated processing including profiling - In certain circumstances, you have the right not to be subject to a decision based solely on automated processing – including profiling – that produces legal effects or similarly affects you.
Right to withdraw consent - We may seek to rely on your consent in order to process certain personal data. Where we do so, you have the right not to provide your consent, and the right to withdraw your consent at any time. If you withdraw your consent, this will not affect the lawfulness of the processing conducted based on consent before its withdrawal.
If you wish to exercise any of the rights set out above, please contact us.
COOKIES
18.1 Just like with other websites, Every Body's Personal Trainer uses cookies, web beacons or other tracking mechanisms that are temporarily stored on your device. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables our website or service provider’s systems to recognize your browser and capture and remember certain information.
Every Body's Personal Trainer uses cookies to:
Understand your preferences based on previous or current site activity. This enables us to provide you with improved services.
create targeted marketing and to customize content
personalize your experience.
Compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
18.3 You can adjust your browser settings to accept or reject most cookies altogether or to monitor the storage of cookies on your device. You should refer to your browser or mobile device settings to determine what options are available to you. Some cookies may be required in order to allow you to access and use the Company’s website or mobile applications.
18.4 The Company may also use transparent images that are embedded in web pages, applications, and emails called "web beacons" to test the effectiveness of marketing, and to track whether an email has been opened.
18.5 You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since every browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
18.6 If you turn cookies off, some of the features that make your website’s experience more efficient may not function properly. It will not affect the user’s experience that makes your website experience more efficient and may not function properly.
THIRD-PARTY WEBSITES
Every Body’s Personal Trainer may occasionally, include links to third-party websites, plug-ins and applications on its website. These third-party sites have separate and independent privacy policies. Clicking on those links or enabling those connections may allow third parties to collect or share data about you.
Every Body's Personal Trainer does not control these third-party sites and are not responsible for their privacy statements. When you leave our website, Every Body's Personal Trainer encourage you to read the privacy notice of every websites you visit.
20.0 COPPA (CHILDREN ONLINE PRIVACY PROTECTION ACT)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
21.0 COMPLAINTS ABOUT HOW WE MANAGE YOUR DATA
21.1 If you are not happy about the way Every Body's Personal Trainer manages your data, please contact Every Body's Personal Trainer as quickly as possible.
21.2 You have the right to file a complaint with a relevant data protection supervisory authority and the right to file a complaint in court if you feel we have violated this policy. If so, we will cooperate with the authority to resolve the issue.
22.0 CHANGE OF PURPOSE
Every Body's Personal Trainer will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
23.0 CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
24.0 OPTING OUT
You can ask Every Body's Personal Trainer or its third parties to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of the in-house fitness training you subscribed to or other transactions.
25.0 POLICY ACCEPTANCE
a) You understand that you are not under any force to provide your personal information. Any personal information you provided is with your full permission, and desire to provide such personal information.
b) We are not under any obligation to verify the source from which the personal information about you is provided to us, and they are considered to be provided by you, except you show to Every Body's Personal Trainer within a period of 15 days from the date of providing us with such information to our contentment that the information was provided to us without your free consent.
26.0 CHANGES IN PRIVACY POLICY
Every Body's Personal Trainer may regularly update this Privacy Policy. We will notify you of any material changes by posting the new Privacy Policy on the website. Your continued usage of our Service constitutes an acceptance of the then-current Privacy Policy and Terms of Use, so we encourage you to visit this page periodically to review any changes.
27.0 CONTACT US
For any questions or inquiries about this Policy, you may contact us at the address below:
515 Palomino Dr. York, Pa 17402
443-615-2702
eric@everybodyspersonaltrainer.com