David Martin dba D. Martin Fitness, LLC

(the “Company”) Privacy Policy

 

Effective Date:

06/07/2020

 

Last modified:

06/07/2020

 

NAVIGATION 1. Introduction 2. Data Collection 3. Data Management 4. Data Usage 5. List of Third

Party Processors

 

1. INTRODUCTION TO PRIVACY POLICY

The Company is committed to maintaining the confidentiality, integrity and security of any

Personal Information (as defined below) about Company's End-Users. To demonstrate

Company's commitment to protecting Your privacy, Company has developed this privacy policy

(“Privacy Policy”), which describes how Company will collect, use, disclose and protect Your

Personal Information through the Product.

 

(a) TERMS OF USE

This Privacy Policy as well as Company's Terms of Use (“Terms of Use”) govern Your access and

use of the Product, as owned and operated by the Company, a corporation having its registered

address at Boynton Beach, FL 33426 (referred to in these Terms as the “Company”). Terms capitalized but not defined in this Privacy Policy have the meanings set out in the Terms of Use. “You”, “Your” and “Yours” refers to you, the End-User, as defined in the Terms of Use.

 

(b) CONSENT AND AGREEMENT TO BE BOUND

 

(i) CONSENT PROVIDED BY CONTINUING USE.

By accessing and/or using the Product You agree to all the terms and conditions of this Privacy Policy and the Terms of Use and which are incorporated here by reference. If You do not agree to all the terms and conditions of this Privacy Policy and the Terms of Use, please do not use the Product.

 

(ii) YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH THE

dmartinfitness.trainerize.com. There are certain types of device data that the Product cannot access without Your consent. The various application marketplace platforms that Company serves the Product through will notify You the first time the Product requires permission to access certain types of data and will let You decide to consent to that request. You further agree to abide by all the terms in the dmartinfitness.trainerize.com end user licensing agreement, or any other applicable application store (“Digital Distributor”) agreement, so long as such agreement does not conflict with the terms herein or the Terms of Use.

 

(iii) CHANGES WILL REQUIRE YOUR CONSENT.

In the case of a material change to the Product as described in the amendment provision set out in the Terms of Use, and in accordance with the amendment requirements set out therein, Company will provide written notice to inform You and will obtain consent from You for any new purposes not previously identified.

 

(iv) PROVIDING CHANGES TO YOUR CONSENT.

Changes can be submitted by updating Your data in accordance with the user data update and verification provisions set out in the section of this Privacy Policy entitled “3. Data Management”.

 

(c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US

 

(i) SPECIFIC CONSENT TO COLLECTION OF INFORMATION.

By using the Product, You consent to the collection, use and disclosure of Your Personal Information by Company in the manner described in this Privacy Policy. You may always opt not to disclose certain Personal Information, but which may restrict access to certain features of the Product. For example, Your name and email address are necessary to complete the registration process. At any time after registration, You may opt out of most email communication from Company by clicking on the opt-out link at the bottom of Company's emails, or by contacting Company at the contact details listed above.

 

However, Company may still contact You for administrative purposes. Withdrawing consent will

not apply to actions the Company has already taken based on Your prior consent.

 

(ii) CONSENT TO RECEIVING COMMUNICATIONS FROM US:

When You sign up for an account, You are opting in to receive emails from the Product for administrative or technical issues and You may occasionally receive the Company newsletters.

 

a. COMMUNICATIONS IN THE EVENT OF BREACH:

In the unlikely event that Company believes that the security of Your Personal Information in Company's possession or control may have been compromised and creates a real risk of significant harm to You, or if Company believes that a notification is appropriate, Company may seek to notify You of that development, pursuant to both Company's desire to keep You informed and Company's legal requirement to do so. If a notification is appropriate, Company may notify You by the email address registered to Your account. Additional details on a Data Breach can be found in the in the section of this Privacy Policy entitled “3. Data Management”.

 

b. WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION:

Company will never send email messages to customers requesting confidential information such as passwords, credit card numbers, or social security or social insurance numbers. Please do not act on any such emails as You may compromise Your Personal Information by replying or by following links to a fraudulent website.

 

(d) AMENDMENTS TO THIS PRIVACY POLICY AND VALIDATION TO CONFIRM COMPLIANCEWITH LAW.

The Company may amend or change this Privacy Policy at its sole discretion at any time, and in accordance with the amendment provisions set out in the Terms of Use. The use of the information Company collects at any given point is subject to the Privacy Policy in effect at the time of collection. If Company makes any material changes Company will notify You by email or by means of notice on the Product prior to the change becoming effective. Company will post the most current Privacy Policy on the Product, and Your use of the Product is subject to the most current Privacy Policy as posted on the Product at any time.

 

(i) Company's PERIODIC REVIEW. Company will perform a periodic and timely review to ensure

that Company's Privacy Policy is compliant with Applicable Laws.

 

(ii) YOUR PERIODIC REVIEW. Company encourages You to periodically check Company’s Privacy

Policy for the latest information on Company's current policy.

 

(e) DISCLAIMER

IF YOU CHOOSE TO ACCESS THE PRODUCT, YOU DO SO AT YOUR OWN RISK, AND ARE

RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE AVAILABILITY OF THE PRODUCT, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN COMPANY'S SOLE DISCRETION. COMPANY'S PRIVACY POLICY DOES NOT COVER THE INFORMATION PRACTICES OF OTHER COMPANIES AND ORGANIZATIONS WHO ADVERTISE COMPANY'S SERVICES, AND WHO MAY USE COOKIES (DEFINED BELOW) AND OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT ADVERTISEMENTS. SEE COMPLETE [LIMITATION OF LIABILITY PROVISION AND DISCLAIMER], AND [PROHIBITED USE REQUIREMENTS] CONTAINED IN THE TERMS OF USE (FOUND AT:

dmartinfitness.com).

 

(f) MISCELLANEOUS

If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or

court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void

or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or

unenforceable shall be stricken from this Privacy Policy. The insertions of headings are for

convenient reference only and are not to affect the interpretation of this Privacy Policy.

 

(g) CONTACT INFORMATION

If You have questions or concerns regarding Company's policy or practices, please contact

Company's privacy officer by email at david@dmartinfitness.com or at the following address:

Boynton Beach, FL 33426

 

(h) EFFECTIVE DATE.

This Privacy Policy is effective as of the Effective Date.

 

NAVIGATION1. Introduction 2. Data Collection 3. Data Management 4. Data Usage 5. List of Third

Party Processors

 

2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION

(a) DISCLOSURE OF COLLECTION

Within this section of the Privacy Policy, Company will provide You with notice that Your

information is being collected when You first sign in to the Product. In the section of this Privacy

Policy entitled “3. Data Management”, Company will be describing the manner in the section of

this Privacy Policy entitled “4. Data Usage”, You will also be notified about the nature for which

the data will be used, how Company processes the data, and how Company works with third

party service providers who will assist Company to process the data.

 

(b) COLLECTION OF PERSONAL INFORMATION

When You use the Product, Company stores certain information about Your device and Your

activities that You provide to Company and that Company automatically collects, including:

 

(i) REGISTRATION INFORMATION: Your user registration information which includes the

following personal information (“Personal Information”): first and last name, email address and

photograph if You supply one to Company as Your personal avatar;

 

(ii) TECHNICAL INFORMATION: technical information about Your device such as the type of

device, OS version, location, other browser information (e.g., size, connection speed and

connection type;

 

(iii) USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which Company will collect and determine automatically through Cookies and traffic data as described below;

 

(iv) USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings

(time zone, language, etc.), as well as content and usage preferences (collectively, the “User

Preferences”); and

 

(v) CONTENT SUPPLIED BY YOU: Company collects content that You upload, post, and/or share

to Company's Product which includes Company's Social Media Services.

 

(c) METHODS OF COLLECTION

We may collect electronic information from You from the following sources:

 

(i) COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use the Product. You may need to register twice, once to the Digital Distributor and a second time

after You have downloaded the Product from the Digital Distributor, using Your electronic device.

As part of this registration, Company will require that You submit certain information that is

relevant to the purposes of the Product.

 

(ii) COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or

applications (such as Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages and/or locations that are related to Company's Product, Company may receive information from such Social Media, in which case Company may collect and store information identifying Your account with the Social Media Services;

 

(iii) COLLECTED THROUGH Company's COMMUNICATIONS WITH YOU: via email or through the Product, through messages or transaction information relating to Your use of the Product,

through other End-User-generated content provided to Company in the normal course of Your use

of the Product, including but not limited to communications related to registration, evaluations,

internal surveys, feedback information, usage information, correspondence with Company

through technical support tools and/or email, by and Traffic Data (as described within this

Privacy Policy);

 

(iv) COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: Company may collect and store information (including Personal Information) locally on Your device using mechanisms

such as Product data caches, “Cookies” (cookies, pixel tags or other similar technologies which

are small data files that are stored on an End-User's device for record-keeping purposes that track where You travel on the Product and what You look at, on single sessions or cumulated over time. Although Cookies are used by most major Products and are accepted by default by most Products, it may be possible to disable Cookies via Your settings), and through "traffic data" which collects the, route and destination of users and information on and through Company's Product, as well as cookies that are stored temporarily on Your device.

 

(d) PROCESSING OF COLLECTED INFORMATION

In the section of this Privacy Policy entitled “4. Data Usage”, You will also be notified about the

nature for which the data will be used, how Company processes the data, and how Company

works with third party service providers who will assist Company to process the data.

 

NAVIGATION 1. Introduction 2. Data Collection 3. Data Management 4. Data Usage 5. List of Third

Party Processors

 

3. DATA MANAGEMENT

(a) VALIDATION AND CHANGES TO OF Company's END USER-INFORMATION

(i) VALIDATION: Company will validate the Personal Information to the best of its ability. Company will validate Personal Information wherever possible and any discrepancies discovered shall be corrected.

 

(ii) CLIENTS COLLECTING INFORMATION ON BEHALF OF THEIR END-USERS. If Company is collecting the data on behalf of Company's client, Company will work with the Client to ensure

that processes will be put in place to ensure that end users are given the chance to review and

correct any data issues.

 

(iii) REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Company relies on You to ensure that the Personal Information You enter into Company's system is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. Until the Personal Information

Removal Date (as defined below), You may review or update Your Personal Information by submitting a request to review or update Your Personal Information to david@dmartinfitness.com

indicating that You are requesting such review or update, subject to the identity verification process set out below, and with the understanding that the Company may make changes to Your Personal Information to meet the technological requirements of Company's networks and media. Unless required to comply by law, Company may reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical. Where Company can provide information access and correction, and when required by law, Company will do so for free.

 

(iv) REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to the 365 days after Your account with Company has been terminated or the maximum time period

allowed by Applicable Law as described below, whichever is longer (this is the “Personal

Information Removal Date”) the End User may request a copy of all of the End-User’s User Data

from the Product. After the Personal Information Removal Date, or upon Your specific request to

david@dmartinfitness.com to delete the Personal Information, such Personal Information shall be deleted by Company within a reasonable period, unless:

 

(a) INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to temporarily persist in Company's system-wide business recovery back-ups (if

any) until such time as the system-wide business recovery backup is deleted and replaced with

data that does not include data collected during Your agreement term; however, You have no

expectation of data retention whatsoever and acknowledge that backing up of Your own data is Your responsibility; or

 

(b) INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily persist to the extent that such information is required to be retained for

compliance with Applicable Law (for example, to prevent, investigate, or identify possible wrongdoing in connection with the Product or to comply with legal obligations) and until such time as such information is no longer required for this purpose, however, You acknowledge that recovery of data is not permitted by You from within this system under these circumstances unless Company is required and compelled to do so by law, and in such event, at Your sole expense.

 

(v) CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal Information, Company may ask You to verify Your identity before Company can act on Your request.

 

(vi) TRACKING YOUR PREFERENCES. Company will capture and manage all End-User privacy

preferences. There preferences will be tracked in the database and attached to Your End-User

records. If the preferences are changes, the modifications will be incremental, and added to an

audit log. Tracking of Your consent to the collection, storage and use of Your Personal

Information will be also be recorded for the purposes of an audit log for consent.

 

(b) STORAGE AND RETENTION

(i) DATA RETENTION:

a. OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by

Company for an indefinite period however, this does not constitute a guarantee that Company

will keep the data indefinitely. This data will primarily be used in aggregate and anonymized

format to drive business intelligence and analytics.

 

b. OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data

Removal Date (as defined above), with such deletion to be initiated by Company or by the User, in

the manner described above in the section entitled “Removal of Personal Information By

Company or by You.”

 

c. DATA RECOVERY BY YOU: Other than information that Company is required to retain and

provide to You by law, [You should have no expectation of data retention whatsoever. From time

to time the Company will create a backup of all data in the Company’s system. This backup is for

use by the Company only in the case of disaster recovery or to maintain business operations in

the case of an emergency. No data will be backed up (except for such disaster recovery purposes and Company's internally usage). Backing up of Your own data is Your responsibility.] //OR [The Company runs a periodic backup of End User’s User Data and may store the End-User’s User Data as long as the End-User’s account is current and active until expiry of the Data Retention Period.]. DATA RESTORES: The Company will not restore data unless it is available and then only if the Company determines, in its sole discretion that a data recovery is necessary.

 

d. PERIODIC AUDIT. Company will perform routine audits at its sole discretion or on a schedule

as required by Applicable Law to confirm deletion of the data has occurred in the manner

described above in the section entitled “Removal of Personal Information By Company or By

You.”

 

(c) SECURITY MEASURES: Company takes Your privacy very seriously. If You have a security

related concern, please contact Company at the contact details provided above. Company will

work closely with You to ensure a quick and personal response to Your concerns. In addition,

Company restricts unauthorized access through protective policies, procedures, and technical measures, including:

 

a. SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your End-User name and password information in accordance with the Terms of

Use.

 

b. SAFEGUARDS PROVIDED BY US: Company will provide physical and electronic safeguards with regard to the storage of Personal Information as required by law, however, and pursuant to

disclaimer provided in the Terms of Use, You understand that in order for the Company to operate the Product, End-User Data may be transmitted by You to the Company over the internet, public networks or otherwise, and You acknowledge that that no such data transmission can be guaranteed to be completely secure, and that, beyond Company's requirements to provide a warranty on information security [as required by law or in accordance with the security protocols agreed to by the parties hereto in writing], Company cannot warrant the security of any information You transmit to us, and that You do so at Your own risk.

 

c. ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the storage locations of the data, or access to a storage location by an individual that is potentially suspected of having performed non-authorized activities. In the case where a Data

Breach has occurred, if the Company believes that the breach creates a real risk of significant

harm to the end-users, the End-User will be notified in the manner as required by law, and all

details regarding the impact to the End-User will be shared.

 

NAVIGATION 1. Introduction 2. Data Collection 3. Data Management 4. Data Usage 5. List of Third

Party Processors

 

4. DATA USAGE SCHEDULE TO THE PRODUCT TERMS OF USE

(a) USE AND DISCLOSURE OF PERSONAL INFORMATION. Company will not use or disclose

Personal Information other than the purposes identified below (individually and collectively, the

“Purpose”):

 

(i) TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To Provide Customer Service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;

 

(ii) TO IMPROVE Company's PRODUCT: To fulfill Your requests or Company's product roadmap

for certain features of the Product, to customize, measure, and improve the Product including by

analyzing trends, tracking user movements on the Product, gathering demographic statistics

about Company's user base as a whole, and to assist Company to measure Company’s

performance and effectiveness of Company’s content, and to share Company's performance

information with others;

 

(iii) TO IMPROVE Company's CONTENT: Company may post Your social media content,

testimonials, and other information provided by you;

 

(iv) TO FULFIL Company's BUSINESS GOALS: to directly or indirectly offer or provide You with

products and services that are based on Company's analysis of Your needs as determined by Company's analytics and the analytics of Company's third-party processors, unless You opt out;

 

(v) TO ENABLE Company's COLLABORATORS TO FULFILL THEIR Company's BUSINESS GOALS: Where a third party to this Privacy Policy directly or indirectly provides the Company with the ability to provide the Product to You, Company may supply Personal Information to such Third

Party in exchange for fulfilling Company's Purpose and providing corresponding value to the third

party, and such third parties are listed in Section 5 of this Privacy Policy entitled “List of Third

Party Processors”;

 

(vi) IN THE EVENT OF AN ACQUISITION OF Company's COMPANY. In the event that the Company, or all or a portion of Company's business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation,

liquidation or another similar transaction, Your Personal Information shall be one of the

transferred assets. To the extent that Company is required to do so by law, You will be notified of

any changes in ownership or uses of Your Personal Information.

 

(vii) TO ENABLE Company's PARENT COMPANY OR AFFILIATED COMPANY’S BUSINESS TO FULFIL THEIR BUSINESS GOALS: Company may share information from or about You with

subsidiaries, joint ventures, or other companies under common control, in which case Company

will require them to honor this Privacy Policy.

 

(viii) TO ENFORCE Company's TERMS OF USE AND TO COMPLY WITH LAW: (1) to enforce

Company's rights against You or in connection with a breach by You of this Privacy Policy or the

Terms of Use; (2) to investigate or respond to suspected illegal or fraudulent activity or to protect

the safety, rights, or property of us, Company's users, or others; (3) to prevent prohibited or illegal

activities; (4) to prevent situations involving potential threats to the physical safety of any person;

or (5) when required by any applicable law, rule, regulation, subpoena, or other legal process.

[(ix) TO PROCESS PAYMENTS: To use certain services on the Product, Company may require

debit or credit card account information (“Debit or Credit Card Information”). By submitting Your

Debit or Credit Card Information through the Product, You expressly consent to sharing of Your

information with third-party payment processors and other third-party service providers.] (x) And to fulfill other purposes related to Company's Product, subject to Your explicit consent if

consent is required by law.

 

(b) USE OF COOKIES AND USAGE DATA: Company may use session Cookies and usage data to

fulfil the Purpose, by tracking information about You as related to Your usage of the Product, and

correlating to other personally identifiable information collected while on the Product or

connected to Company's third party processors (as listed in Section 5 to this Privacy Policy

entitled List Of “Third Party Providers”). Company may also use Cookies that are created by the

Product to secure Your login session and to help ensure the security of Your account.

 

(c) USE OF THIRD PARTIES TO ASSIST US TO IMPROVE THE PRODUCT AND TO ACHIEVE

Company's BUSINESS GOALS: To fulfil the Purpose, Company may share Personal Information or

with Company's affiliates, acquirers or third-party collaborator or vendors (as listed in Section 5

to this Privacy Policy entitled List Of “Third Party Providers”), subject to the following conditions:

 

(i) USE LIMITED TO SERVICE PROVIDED OR PURPOSE OF TRANSFER: Company's service

providers are restricted from using Your Personal Information in any way other than for the service they are providing or as it relates to Company's Purpose fulfilled by such transfer; this includes the use of Cookies by Company's third parties so long as the use on such Cookies is to collect the same type of information for the same purposes as the Purpose.

 

(ii) THIRD PARTIES MUST ADHERE TO Company's STANDARDS: Company ensures that such

third parties maintain reasonable and appropriate safeguards that do not breach Company's safeguards of security requirements set out In Section 3 of this Privacy Policy entitled “Data Management”, or as otherwise required by law. If the use of Cookies by any third party differs materially from the practices already listed, Company will revise this document accordingly and notify existing users of the change(s).

 

(d) RIGHTS TO CONTENT PROVIDED BY THE END-USER

(i) FOR INFORMATION YOU PROVIDE. By posting content on the Application (the “User Data”), the End-User hereby grants to the Company a worldwide, non-revocable, non-exclusive, perpetual,

royalty-free, and sub-licensable right to use, create derivative works of, modify, and to distribute

(including without limitation, distribution online, through multiple channels, and bundled with other applications or materials) such content, and further, the agrees to waive any moral rights to such User Data, and agrees that the Company may modify or adapt the User Data in order to transmit, display or distribute it over other applications and in various media. The End-User agrees that the End-User will defend, indemnify and hold harmless the Company from and against any Claims (as defined in the Agreement) arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of infringement of third party intellectual property related to such End-User Data.

 

(ii) FOR INFORMATION WE AUTOMATICALLY COLLECT. Company Collection and Analysis of

Data. The Company creates benefit to all of its End-Users by analyzing the Company Data for the

purposes of Product improvements. The End-User agrees that the Company shall have the right

to collect and analyze data and other information relating to the provision, use and performance

of various aspects of the Company products and related systems and technologies, and the Company will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use such information and data to improve and enhance the Company products generally, (ii) for other development, diagnostic and corrective purposes in connection with the Products and Services, and (ii) disclose such data solely in aggregate, anonymous, and non-identifiable form that is in no way connected End-User or its business.

 

NAVIGATION 1. Introduction 2. Data Collection 3. Data Management 4. Data Usage 5. List of Third

Party Processors

 

5. LIST OF THIRD PARTY PROVIDERS

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