Last Updated: January 25, 2022
• our consumer-facing mobile application (“Trainers Spot”),
• our consumer-facing website (“Trainsspot.com”),
• our online business management software products (“Software Service”),
• our social media pages,
Collectively the “Trainers Spot Services”.
1. Defined Terms
The following terms will have the meanings indicated below.
“End User” means any individual who interacts with the Trainers Spot Services, including users of our mobile applications such as the Trainers Spot App, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the Trainers Spot Services.
“Other Information” is any information that does not reveal your specific identity or does not relate to an individual, such as usage data not linked to any unique identifiers.
“Personal Information” means data that relates to or about an identified or identifiable natural person or, where applicable, household as defined under relevant law. This may include information such as name, postal address, telephone number, email address, or unique online identifiers.
“Subscriber” is any business or entity that subscribes to (or otherwise accesses or uses) our Services, including any staff, employees, consultants, advisors, or independent contractors accessing the Trainers Spot Services on the Subscriber’s behalf.
2. Categories of Personal Information
While the Personal Information we collect varies depending upon the nature of Trainers Spot Services provided or used and our interactions with individuals, Personal Information we may collect or obtain includes:
• Contact details (e.g., name, address, email, telephone number, which may include third party emergency contact information),
• Personal details (e.g., date of birth, education, nationality),
• Financial and transaction data (e.g., purchase history, account information, shipping and billing information, including credit card information etc.),
• Health and fitness tracker data collected from heart rate monitors and other performance monitoring activities,
• Other Trainers Spot Services related data (e.g., customer requests, statistics, etc.),
• Geolocation data with your permission (e.g. geolocation data sent via a mobile device),
• Online identifiers (e.g. IP address, Device IDs, etc.)
3. How We Collect Information
• Through the Trainers Spot Services
We collect information about you whenever you use the Trainers Spot Services, for example:
If you are an End User, when you create an account on the Trainers Spot App or through trainersspot.com, we may ask for Personal Information such as your name, email and postal address, social media account ID, and Other Information you may provide with your account.
If you are an End User interacting with the Trainers Spot Services through a Subscriber, we also collect Personal Information that you provide to the Trainers Spot Services when you initiate a transaction or otherwise engage with the Subscriber, such as to book an appointment, make a purchase, or respond to a marketing campaign.
If you are a Subscriber, when you sign up for our Services, we ask for your company name, address, phone number, email, credit card information, tax identification number, and other information about your business, as well as names and email addresses of authorized individuals on your account. If you attend one of our events (e.g., a tradeshow, webinar, or training), we may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices.
We collect information about you when you interact with the Trainers Spot Services. For example, if you initiate a transaction through the Trainers Spot Services, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the transaction. This information may be shared with others for the same purposes. We encrypt credit card numbers using industry standard technology. We may also collect other Personal Information at the request of the Subscriber you are transacting with or through. We may also store information that your computer or mobile device provides to us in connection with your use of the Trainers Spot Services, such as IP address, operating system, device ID, and device type.
We may collect information about others from you, including your emergency contacts, and only use this information for the reason it was provided.
We and our service providers collect information about your location when you use or access Trainers Spot Services. The degree of precision of the location data varies depending on the source of such information. Those sources include:
Data from your device through settings you activate:
Other location sources: IP address
We collect and use this location-related data in order to
Provide you with services you have purchased or requested
Deliver content that is relevant to you based upon your location
Deliver marketing or ad content that is relevant to you based on your location
Protect against abuse or misuse of services or of your account
Improve our site and services
You may disable the collection and use of your location data through your browser-, operating system- or device-level settings. Consent concerning location data may be withdrawn at any time by changing these settings.
• From other sources
In addition to the information, we collect from you through Trainers Spot Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Trainers Spot App account, certain information from your social media account may be shared with us, including information that’s part of your profile or your friends’ profiles. We may also collect other Personal Information through the Trainers Spot Services under the direction of our Subscribers.
4. How Personal Information May Be Used
We may use your Personal Information for legitimate business purposes, including:
• To provide the functionality of Trainers Spot Services and related support.
To create, and administer accounts, fulfill and record transactions, and provide you with related assistance (e.g., technical help, answer inquiries relating to Personal Information, etc.).
To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.
We will engage in these activities to manage our contractual relationship with you, with your consent, and/or to comply with a legal obligation.
• To provide you with marketing and promotional materials and opportunities and facilitate social sharing.
To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters or other direct communications.
To share information with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.
To allow you to participate in sweepstakes, contests, or similar promotions.
To facilitate social sharing functionality if you choose to do so.
We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest. (Note: Health and fitness tracker data that is obtained via third parties will not be used for this purpose).
• For reporting and trending.
To better understand you and our other users, so that we can tune and personalize our offering.
For trending and statistics, and to improve our products and services
We will engage in this activity because we have a legitimate interest.
• To accomplish our business purposes.
For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.
For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
For responding to legal duties, such as requests from public and government authorities.
To defend our legal rights or those of others.
We will engage in these activities to comply with a legal obligation or because we have a legitimate interest.
To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.
5. What and How Personal Information May Be Disclosed
Certain privacy laws require that we disclose certain information about the categories of Personal Information (as defined by applicable law) that we have disclosed for a business purpose as well as the categories that we have “sold” as defined under applicable law.
Disclosed for a business purpose. In general, we may disclose the following categories of Personal Information (as described above in more detail) to our Partners and Service Providers to provide the Trainers Spot services:
• Contact details,
• Personal details,
• Financial and transaction data,
• Health and fitness tracker data collected from heart rate monitors and other performance monitoring activities,
• Other Trainers Spot Services related data,
• Geolocation data,
• Online identifiers, and
• Cookie-related data.
We do not sell your data.
We may disclose your Personal Information:
• To our integrated partners and service providers who provide services to us or to our Subscribers, such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
• To our Subscribers if you are an End User and are using our Trainers Spot Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber’s privacy practices.
• To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.
• To sponsors of sweepstakes, contests and similar promotions, consistent with your choices.
• To you, through message boards, dashboards, challenges, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled “Testimonials, Ratings and Reviews” and “Public Forum.”
• To other website users as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your Trainers Spot App account or our social media pages.
• In the context of a corporate transaction. If Trainers Spot is involved in a sale or business transaction (e.g., merger or acquisition), Trainers Spot will retain a legitimate interest in disclosing or transferring your Personal Information to other parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), including in any negotiations leading to such. Such parties may include, for example, an acquiring or target entity and its advisors.
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.
6. Your choices regarding our use and disclosure of information
Except for health and fitness tracker data that is obtained via third parties, the information we collect may be used by Trainers Spot for marketing purposes such as one-off promotional emailing, mobile text messages, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may:
• Opt-in or opt-out from receiving electronic communications from us: If you are a user of the Trainers Spot App or trainersspot.com and no longer want to receive marketing-related emails or mobile text messages from us on a going-forward basis, you may opt-out of receiving these marketing-related emails or mobile text messages by changing your preferences in your account settings or following the unsubscribe prompts from within the messages themselves. If you have provided your information to Trainers Spot, and opt-out, Trainers Spot will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted out.
• Consent to sharing of your Personal Information with unaffiliated third parties for their (or their customers’) direct marketing purposes: We only share your Personal Information with unaffiliated third parties for their marketing purposes when you have consented to the sharing. We do not share data with unaffiliated third parties in the absence of your consent and such consent will only be valid for a single data transfer. To address what these unaffiliated third parties do with your data once you have consented to the sharing, please contact the third party to learn more about your choices.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative, transactional, or other purposes directly relating to your use of the Trainers Spot Services, and you cannot opt-out from receiving those messages.
Our mobile applications may also send push notifications to your mobile device, provided you consented to this. If you have previously consented to receive push notifications and no longer wish to receive them, you can also turn to push notifications off at the device level. The applications may also request access to your device’s calendar application, storage, Bluetooth, camera, and microphone. If you have previously allowed access to your device’s calendar and no longer wish to allow access, you may edit the application settings at the device level.
7. Tracking and Advertising
8. Social Media Features and Widgets
9. Public Forum
Our websites offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you disclose Personal Information through Trainers Spot public message boards, blogs, or forums, as offered through the Trainers Spot Services, this information may be viewed, collected, and used by others. To request the removal of your Personal Information from our blog or community forum, please submit a contact Trainers Spot. In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why.
10. Sign-In Services
You can log in to some of the Trainers Spot Services using sign-in services such as Facebook Connect, Google or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign-up form. Some services like Facebook Connect give you the option to post information about your activities on our websites to your profile page to share with others within your network. In addition, when using some of our mobile applications we may allow you a chance to tell friends about our services by accessing the contacts in your Facebook or other social media account.
11. Testimonials, Ratings, and Reviews
If you submit testimonials, ratings, or reviews to the Trainers Spot Services, any Personal Information you include may be displayed in the Mindbody Services. If you want your testimonial removed, please contact Trainers Spot.
We also partner with service providers to collect and display ratings and review content on our websites.
12. Payment Processors
Where a third-party payment processor is utilized as a sub-processor, we have implemented appropriate onward transfer safeguards over your Personal Information.
13. Links To Other Websites
Please note that we are not responsible for the collection, usage, and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Trainers Spot Services, including our social media pages.
14. Data Retention
We will retain your Personal Information for as long as needed or permitted considering the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:
• The length of time we have an ongoing relationship with you and provide the Trainer Spot Services to you (for example, for as long as you have an account with us or keep using the Trainers Spot Services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
15. Security of Your Information
The security of Personal Information is a high priority at Trainers Spot. We seek to use reasonable technical, administrative, and physical safeguards designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.
16. Use of Service by Minors
Trainers Spot Services are not directed or targeted at children under the age of eighteen (18), and we request that they do not provide Personal Information through Trainers Spot Services.
17. Sensitive Information
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, genetic characteristics, trade union membership or criminal background) on or through the Mindbody Services or otherwise to us, except where explicitly requested or consented to.
19. Contact Us
Trainers Spot LLC
8432 Old 3C Hwy
Maineville, OH 45039
MindBody Business https://company.mindbodyonline.com/legal/privacy-policy