Please read this Privacy Policy carefully before using this Website.
Effective Date: 22 August 2024
Introduction
TFloFitness (“Company,” “we,” “us,” or “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“Policy”). This Policy sets forth the terms under which we collect, utilize, maintain, and disclose information obtained from users (“User,” “you,” or “your”). The terms "you" and "your" refer to both individual users and entities that may use the TFloFitness website located at https://www.tflofitness.com (“Website”).
This Policy also describes the types of information we may collect from you or that you may provide when you visit the Website, and/or any content, functionality, and services offered on or through the Website, whether as a guest, a registered user, or an entity accessing the Website. It further outlines our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Privacy Policy applies to information we collect on the Website or in e-mail, text, and other electronic messages between you and the Website. It does not apply to information collected by us offline or through any other means, including on any other website operated by the Company or any third party, nor does it apply to any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this Policy carefully before using the Website or submitting any personal information to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to refrain from using the Website. By accessing or using the Website, you acknowledge and consent to the terms of this Policy. This Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Information We Collect
We collect various types of information from and about users of the Website. This includes personally identifiable information such as your name, postal address, email address, telephone number, billing and physical address, payment information, and any optional health-related information you choose to provide. Additionally, we gather information about your internet connection, the equipment you use to access the Website, and your interactions with the Website, including your IP address, browser type, device information, and browsing behavior.
Health-related data that you voluntarily provide may also be collected to optimize your fitness and wellness plan, in compliance with applicable data protection laws.
Methods of Data Collection
We collect data through various methods, including direct interactions and automated technologies, to provide a more personalized and effective service.
Direct interactions involve the information you provide to us through forms, communications, or during coaching sessions, whether conducted in person, via video, or by telephone. This also includes data provided when you register for our services, make a purchase, or contact us with inquiries.
In addition to these direct interactions, we automatically collect data as you navigate through and interact with the Website. This includes the use of technologies like cookies, server logs, flash cookies, and web beacons, which capture information such as usage details, IP addresses, browser types, operating systems, and browsing behavior. For example, cookies (or browser cookies) are small files placed on the hard drive of your computer that help us enhance your user experience by storing information about your preferences and recognizing you when you return to the Website. You may refuse to accept browser cookies by adjusting the appropriate settings on your browser; however, this may limit your ability to access certain parts of the Website. You can also manage your cookie preferences using third-party tools like the Digital Advertising Alliance's opt-out mechanism, which allows you to opt out of interest-based advertising.
Flash cookies, which are locally stored objects, may also be used to collect and store information about your preferences and navigation on the Website. Unlike browser cookies, flash cookies are not managed by the same browser settings. Web beacons, small electronic files embedded in emails or on the Website, allow us to track user engagement with specific content, such as counting users who have visited certain pages or opened an email.
We may also collect various types of non-personally identifiable information to enhance your experience, measure site activity, identify potential improvements, and compile aggregate data to serve site visitors better. This statistical data, while not personally identifiable, may be maintained or associated with personal information we collect in other ways or receive from third parties. This helps us estimate our audience size and usage patterns, store information about your preferences, speed up your searches, and recognize you when you return to the Website.
Moreover, we may obtain information from third-party sources, such as business partners, to further improve our services or gain a better understanding of our users’ needs. Some content or applications on the Website, including advertisements, are served by third parties who may use cookies, web beacons, or other tracking technologies to collect information about you when you use the Website. This information may include details about your online activities across different websites and services, which they may use to provide interest-based advertising or other targeted content.
We do not control third parties’ collection or use of your information and are not liable for the actions of any third parties we may promote. However, we work with reputable companies and value your feedback on your experiences with these third parties to enhance our future service offerings. If you have any questions about an advertisement or other targeted content, please contact the responsible provider directly.
While we do not automatically collect personal information, we may associate the non-personally identifiable information we collect automatically with personal information we obtain through other means. This allows us to deliver a better and more personalized service while ensuring compliance with applicable data protection laws.
Purpose of Data Processing
We process your data primarily to deliver personalized fitness, mindset, and holistic health coaching services. This includes using your information to correspond with you regarding your sessions, updates, and other relevant information. Additionally, we use your data to personalize and enhance your experience on the Website and services. Your data may also be processed to comply with legal obligations, enforce our legal rights, and protect against potential legal claims.
Please note that all materials provided on the Website are intended solely for informational purposes. These materials are not intended to constitute advice and should not be relied upon as such. Your use of the materials on the Website does not create any relationship between you and TFloFitness, its partners, associates, or affiliates.
Data Sharing and Disclosure
We do not disclose your personal data to third parties without your explicit consent, except when necessary to fulfill our service obligations. This may involve sharing your data with payment processors, website hosting providers, and other contractors or service providers who support our business, all under strict confidentiality agreements. Additionally, with your prior consent, we may share your success stories as part of our marketing initiatives. We may also disclose aggregated information about our users, and information that does not identify any individual, without restriction.
There are circumstances under which we may disclose personal information that we collect or that you provide. This may include sharing information with our subsidiaries and affiliates, to contractors and service providers who support our operations, or to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets. In such events, personal information held by the Company about the Website users may be among the assets transferred. We may also disclose your information to third parties for marketing purposes, unless you have opted out of these disclosures, or to fulfill the purpose for which you provide it.
We respect your privacy and give you control over your personal data. If you prefer not to receive marketing communications from us, you can opt out at any time by clicking the "unsubscribe" link in any marketing email you receive from us or by contacting us directly at [email protected].
Additionally, if you do not wish for your personal information to be shared with third parties for marketing purposes, you may also opt out by adjusting your communication preferences in your account settings or by contacting us at the same email address. Please note that opting out of marketing communications does not affect your ability to receive service-related communications from us.
We may disclose your personal information to comply with any court order, law, or legal process, including to respond to any government or regulatory request. Additionally, we may disclose this information to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Except as otherwise stated, we will never share your personally identifiable information with third parties without your explicit permission, such as to fulfill a third-party offer that you have accepted. However, by permitting us to collect this information, you enable us to provide you with information on other products and services that may be of interest to you, including related third-party offers that we may send directly to you. This also allows us to personalize your experience with us, ensuring the highest quality of service.
If you participate in one of our membership programs through the Website, please be aware that other members of the program may see the comments, questions, photos, and/or other documents that you post on the membership Website, as well as any responses posted by the Company or other members. If you do not want your personal details revealed to other members of the program, please refrain from posting such information through the membership Website.
You have the option to set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To manage your Flash cookie settings, you can visit the Flash player settings page on Adobe’s website. Please note that disabling or refusing cookies may render some parts of the Website inaccessible or not function properly. While we do not control third parties’ collection or use of your information to serve interest-based advertising, these third parties may offer ways to opt out of having your information collected or used for this purpose. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
User Rights
Subject to applicable law, you have the right to request access to the personal data we hold about you, request correction of any inaccurate or incomplete data, request deletion of your data under certain conditions, request the restriction of processing your data under specific circumstances, and object to the processing of your data on legitimate grounds. To exercise these rights, please contact us at [email protected].
Data Security
We are committed to safeguarding your personal data and implement appropriate technical and organizational measures to protect it against unauthorized access, alteration, disclosure, or destruction. While we take commercially reasonable steps to secure your information, it is important to note that data transmission over the internet is inherently insecure. As a result, we cannot guarantee the absolute security of your personal data transmitted through the Website, and any such transmission is at your own risk.
In the event of a data breach, we will promptly notify you and take adequate steps to address the breach. If you suspect that your account or personal information has been compromised, or if you notice any suspicious activity on your account, it is crucial to take immediate action. Please change your password as soon as possible and contact us directly at [insert contact email] to report the incident. When reporting, provide as much detail as possible, including the nature of the breach, the date and time it occurred, and any actions you have already taken.
We also recommend that you take every precaution to protect your personal information while using the internet. This includes regularly changing your passwords, using a combination of letters and numbers, enabling two-factor authentication if available, and utilizing a secure browser. The safety and security of your information also depend on you. If you have been given (or have chosen) a password for access to certain parts of the Website, you are solely responsible for maintaining the confidentiality of your password and managing your password-protected account. We strongly advise you not to share your password with anyone.
We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.
Service Providers
We may employ third-party companies and individuals to facilitate the Website, provide the Website on our behalf, perform Website-related services, or assist us in analyzing how the Website is used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
These service providers may include, but are not limited to, the following: Website hosting providers, and Software platforms used to manage customer relations and communications.
We may provide paid products and/or services within the Website. In such cases, we use third-party services for payment processing (e.g., payment processors). We do not store or collect your payment card details. This information is provided directly to our third-party payment processors, whose use of your personal information is governed by their respective Privacy Policies. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information. The payment processors we work with is Stripe. Their privacy policy can be viewed at https://stripe.com/privacy.
Legal Basis for Processing under GDPR and CCPA
For users located in the European Economic Area (EEA), the processing of your personal data is governed by the General Data Protection Regulation (GDPR). The legal basis for processing your personal data includes your consent, the necessity to perform a contract with you, our legitimate interests in providing and improving our services, and compliance with legal obligations.
Under the GDPR, we may process your personal information for various reasons, depending on the specific context in which it is collected. This may include situations where processing is necessary to fulfill a contract with you, where you have provided consent, or where processing is necessary for our legitimate interests, provided that your rights are not overridden. Examples of our legitimate interests include improving our services, direct marketing under certain conditions, conducting analytics to enhance user experience, fraud prevention, and ensuring network and information security. We may also process your personal information for payment processing or to comply with applicable laws and regulations.
For California residents, the processing of personal data is also governed by the California Consumer Privacy Act (CCPA). Under the CCPA, you have additional rights, including the right to know what personal information we collect, the right to request the deletion of your data, the right to opt-out of the sale of your personal information, and the right to data portability. These rights aim to provide you with greater control over your personal information. If you would like to exercise any of these rights, please contact us using the contact information provided in this policy.
Children’s Privacy
The Website is not intended for individuals under the age of 18, and we do not knowingly collect personal data from minors. In compliance with the Children’s Online Privacy Protection Act (COPPA) and the General Data Protection Regulation (GDPR), no one under the age of 18 may provide any information to or on the Website. This includes making purchases, using interactive or public comment features, or providing any personal information such as name, address, telephone number, email address, or any screen name or username.
If we become aware that we have collected personal data from a child under 18 without parental consent, we will promptly take steps to delete such information. If you believe we might have any information from or about a child under 18, please contact us at tflofitness.com.
Data Retention
We retain your personal data for as long as necessary to fulfill the purposes for which it was collected, as outlined in this Privacy Policy, or as required by law. The retention period is determined by the nature of the data, the purpose for which it was collected, and the applicable legal requirements. Typically, this means we will keep your data for up to seven years after our relationship ends, unless a longer retention period is required by law or necessary to resolve disputes, enforce our agreements, or comply with legal obligations.
In addition, we may retain Usage Data for internal analysis purposes. Generally, Usage Data is retained for a shorter period, typically no longer than two years, except when it is used to strengthen the security or improve the functionality of our services, or when we are legally obligated to retain it for a longer period.
Compliance with Legal Standards
TFloFitness is committed to complying with all applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We regularly review our data processing practices to ensure adherence to these and other relevant legal standards.
Changes to This Privacy Policy
We reserve the right to amend this Privacy Policy at any time. Any changes we make will be posted on this page, and the date the policy was last revised will be indicated at the top of the page. If the changes are material, we will notify you via email or through a notice on the Website. Your continued use of the Website following the posting of changes to this Policy constitutes your acceptance of those changes. You are responsible for periodically reviewing this page to stay informed of any updates.
Website Disclaimer
While we use reasonable efforts to include accurate and up-to-date information on the Website, TFloFitness makes no warranties or representations as to the accuracy of the content. TFloFitness assumes no liability or responsibility for any errors or omissions in the content on the Website. The Website and all its contents are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, implied warranties of merchantability, or fitness for a particular purpose.
By using the Website, you acknowledge that your use is at your sole risk. You assume full responsibility for all costs associated with any necessary servicing or repairs of any equipment you use in connection with your use of the Website. TFloFitness shall not be liable for any damages of any kind arising from your use of the Website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Indemnification and Limitation of Liability
You agree to indemnify, defend, and hold harmless TFloFitness, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Website or any breach of this Privacy Policy.
Neither TFloFitness nor any other party involved in creating, producing, or delivering the Website shall be liable for any direct, indirect, incidental, consequential, special, or punitive damages resulting from your access to or use of the Website. This limitation of liability applies even if TFloFitness has been advised of the possibility of such damages.
Dispute Resolution and Choice of Law
Any disputes arising out of or relating to this Privacy Policy, including any questions regarding its existence, validity, or termination, shall be resolved through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, applying the laws of the state in which TFloFitness is based, unless otherwise required by applicable law. At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms & Conditions or the Website, including disputes regarding their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration.
By using this Website, you agree that any disputes or claims related to your use of the Website or this Privacy Policy will be resolved exclusively through individual arbitration and not in a court of law. You also agree that you will not participate in a class action or other representative proceeding against TFloFitness.
In the event that arbitration is not required by law or a court of competent jurisdiction finds that arbitration is not enforceable, any legal action arising out of or related to this Privacy Policy shall be brought exclusively in the state or federal courts located in the state in which TFloFitness is based. You hereby consent to the exclusive jurisdiction and venue of such courts. This does not preclude you from seeking remedies in small claims court for disputes or claims within the scope of such court’s jurisdiction.
This Privacy Policy and your agreement to it shall be construed in accordance with the laws of the state in which TFloFitness is based, without regard to any conflict of law provisions. Unless otherwise specified, our Website and its contents are intended solely for promoting the goods and services of TFloFitness within the United States and Canada.
Contact Information
If you have any questions or concerns regarding this Policy or our data practices, please contact us at:
TFloFitness
Website: https://www.tflofitness.com
Email: [email protected]