PRIVACY POLICY

(Date of Last Revision: August 13th, 2018)

TRAIN HEROIC LLC (“TrainHeroic,” “we,” or “us”) provides a training platform for coaches to manage and provide training programs, assess athlete performance, communicate and share data around training compliance and performance, and sell/purchase training content; TrainHeroic provides educational training content to subscribers via blog, email, and social media (collectively, the “Services”).

TrainHeroic is committed to protecting your privacy and utilizing technology that gives you a powerful and safe online experience. The website www.trainheroic.com and mobile applications, (hereinafter "the Site") are owned and operated by TrainHeroic and TrainHeroic is the controller of the personal data.

TrainHeroic recognizes the importance of protecting the privacy of our customers and the users of the Site. As such, we will always ensure that we have a lawful basis for processing your Personal Data.

Please read carefully through all sections of this Privacy Policy. This Privacy Policy covers our treatment of Personal Data that we collect through your use of the Site and when you use Services provided on the Site. This policy does not apply to the practices of companies that we do not own and/or control or to people that we do not employ or manage.

This Privacy Policy may be changed by us from time to time and the governing version will be posted on the Site. We will notify you if we make material changes to the Privacy Policy or we will provide notice to you of our changes on our website landing page. Please review this Privacy Policy on a regular basis as your use of the Site will be governed by the then-current Privacy Policy.

Notice to California residents

Except as expressly identified below, we do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes. Thus, under California Civil Code Sections 1798.80-1798.84, TrainHeroic has no obligation to a California resident to provide further information regarding Owner’s use of the California resident’s personal data.

Notice to Utah residents

Except as expressly identified below, we do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes.

Why We Collect and How We Use Personal Information. We collect and share information from the users of our Sites and Services to manage our contractual obligations to you, comply with legal obligations and/or because we have a legitimate business interest to do so. We collect and share information to: (a) provide our Sites and Services; (b) provide information about our products and Services; (c) provide information about data security and privacy; (d) learn more about our customer’s preferences; (e) enhance, personalize and support your experience on our Sites; (f) enhance and develop our products and Services based on your direct comments and/or on the pages or information you view on our Sites; and (g) analyze the traffic to our Sites.

Information Collection and Use

Information You Give Us

Information We Collect from

Information we obtain

 

You

from others.

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Contact Information:You give us

Analytical Information:We

We may also collect

your Contact Information when you

collect Analytical Information

publicly available

request information, register with or

through automated means when use

information about you from

subscribe to the Site. “Contact

and navigate the Site. “Analytical

third-party sources, such as

Information” includes your name,

Information” includes pages and

the postal service for

email, organization, address and/or

products viewed, ads that you

shipping address

telephone number.

clicked on, emails from us that you

verification.

 

opened, browser type, operating

 

We may use Contact Information

system, IP address and device

The Site may allow a user

information, your mobile operating

of the Service to enter the

and other Personal Data to:

system (OS), a mobile device

information of other

provide you the Services on

identifier embedded by us, or other

persons into the Site to

the Site;

commonly used mobile device

obtain full use of the

to fulfill your requests for

identifier if you access the Site on a

Services for processing

information; and

mobile device.

such information. In such

to contact you about your

 

 

cases, we rely upon such

account and your use of the

 

 

users having the necessary

Services​​[and those of our

We use Analytical Information to

authority and permissions

affiliates,] based on the

further our legitimate business

to use the information

preferences you have

interest to:

entered to provide the

indicated.

retain and evaluate

Services.

request feedback from you

 

information from your visits

 

regarding our services and

 

to the website and how you

 

how they can be improved

 

move around for analytics

 

 

 

purposes to improve our

 

 

 

website to make it more user

 

 

 

friendly, or to improve the

 

 

 

speed of the page loading or

 

 

 

the website in general.

 

 

to review user preferences

 

 

 

when navigating the site and

 

 

 

to develop new services that

 

 

 

may be able to better appeal

 

 

 

to our customers based upon

 

 

 

what information our

 

 

 

customers view; and

 

 

better administer and

 

 

 

troubleshoot our the operation

 

 

 

of our systems.

 

 

 

 

 

User Data: We may collect the

 

 

 

following user data related to your

 

 

 

use of the Site: profile data

 

 

 

including photos, birthdate,

 

 

 

geographic, and biometric data. We

 

 

 

may also collect performance and

 

 

 

training data including exercise

 

 

 

progress, training notes, maxes,

 

 

 

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readiness information, training videos, and third party training device data uploads (collectively, the “User Data”)

We use the User Data to meet our contractual obligations to you to provide the services you have paid for. Your profile data is used to schedule information presentation, photos may be used to visually evidence successes. We may use the other User Data to track your training progress and provide one or more reports and continue to guide your training using the Site.

Financial Information – If you provide your credit card information to pay your Site subscription fee, we will use third-party payment processors to process the transaction. As such, the collection and use of your financial data is governed by the terms of use and privacy policies of the third-party payment processors Braintree and Quickbooks. You may find Braintree’s Privacy Policy hereand there Terms of Service here. You may find QuickBooks’ Privacy Policy hereand there Terms of Service here.

We do not collect any more Personal Data from you than what we have determined is needed for us to provide the Services and comply with applicable laws.

What Happens If You Don’t Provide Your Personal Information?

Please be aware that, if you choose to limit the personal information you provide to us (or, in some circumstances, provide no personal information at all), then we may be unable to provide you with the products and services you have expressed an interest in, or which we have a contract to provide to you. We may also be unable to provide you with access to some or all of our Site (or its functionality).

Electronic Marketing

We provide you the opportunity to consent to receive commercial email from us related to the Services or information that we deem you may be interested in when you seek more information from us. We will give you the opportunity to "opt out" of receiving any unsolicited information from us or to limit the

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unsolicited information you receive from us to information regarding the Services or information you specifically request or information we determine you may find useful as a result of your use of the Site.

Information Sharing and Disclosure

Except as otherwise described in this Privacy Policy, we will not share your Personal Data with any other person or company. We will share your Personal Data to other companies or people when:

We need to share your information to provide a product or service you have requested;

We need to send the information to companies who work on behalf of TrainHeroic to provide a product or service to you. Unless we tell you differently, we only provide these companies the minimum amount of information that is necessary for them to assist us and these companies do not have any right to use the Personal Data we provide to them beyond what is necessary to assist us);

We find that your actions on our website violate the Terms and Conditions of Use, any of our usage guidelines for specific services or any agreement; and

As required to respond to or initiate subpoenas, court orders, or legal process.

Third Party Processors

To ensure that your Personal Data receives an adequate level of protection, we have put in place appropriate procedures with the third parties we share your Personal Data with to ensure that your Personal Data is treated by those third parties in a way that is consistent with and which respects the applicable laws on data security and privacy. For example, we use third-party client support contractors, accounting and payroll service providers, marketing services and analytics service providers.

How long do we keep your information?

We will store your information for as long as you are a customer and for up to five (5) years thereafter for use in case of a legal claim. We may keep records of transactions with you for a period of up to seven (7) years to comply with the IRS requirements.

Use of Cookies

We use “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts) to help provide you a better, more personalized user experience. For a detailed description of the cookies we use and your ability to control the use of cookies while you navigate the internet, please see our Cookies Policy below.

Do Not Track

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

Notice to Residents of Europe and the U.K. Regarding Your Rights under the GDPR.

Under the GDPR, you have the following rights related to TrainHeroic’s use of your Personal Data.

Number

Description of your right

 

 

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Right 1 A right to access personal data held by us about you, as well as information about how we are using your data.

Right 2 A right to require us to rectify any inaccurate personal data held by us about you.

Right 3 A right to require us to erase personal data held by us about you, and where the personal data has been made public, for other controllers processing the personal data to also erase links to, or copy or replication of, such personal data. This right will only apply where (for example): we no longer need to use the personal data to achieve the purpose we collected it for; or where you withdraw your consent if we are using your personal data based on your consent; or where you object to the way we process your data (in line with Right 6 below).

Right 4 A right to restrict our processing of personal data held by us about you. This right will only apply where (for example): you dispute the accuracy of the personal data held by us; or where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.

Right 5 A right to receive personal data, which you have provided to us, in a structured, commonly used and machine readable format. You also have the right to require us to transfer this personal data to another organization, at your request.

Right 6 A right to object to our processing of personal data held by us about you (including for the purposes of sending marketing materials to you).

Right 7 A right to withdraw your consent, where we are relying on it to use your personal data (for example, to provide you with marketing information about our services or products).

If you have consented to receive communications from us, you can contact us at any time to have your details removed from lists used by us or to update your marketing preferences. Please email info@trainheroic.com and quote your email/telephone number/account number in the body of the email, telling us what you would like us to do.

You can also: click "unsubscribe" on any of our emails, and we will ensure we don't send you any communications of this nature in future.

To exercise any of your rights above, please contact the Owner at info@TrainHeroic.com. If you choose to exercise any of your rights listed above, it may affect your ability to use the Site, as the operation and functionalities provided on the Site may require the use of your Personal Data.

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Security

We will take reasonable and appropriate measures to protect it from loss, misuse and unauthorized access, disclosure, alteration and destruction of your Personal Data, taking into due account the risks involved in the processing and the nature of the personal data.However, no electronic storage method or data transmission over the Internet can be guaranteed to be 100% secure.

Data Transfers Across Jurisdictional Boundaries.

Since our Services are based in the United States, your data will be transferred from your country of residence into the United States.

Commitment to Children’s Privacy

In compliance with the Children's Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R.,

§§312.1-312.12, the Site does not collect information from users who are children under 13 years of age, and, in fact, we do not intentionally collect information from users of the Site who are under sixteen (16) years of age. Use of the Site is limited to users that are sixteen (16) years of age and older. By using the Site, you represent that you are sixteen (16) years of age or older.

Policies of Other Websites

The Site may contain links to third-party websites not owned or controlled by TrainHeroic. TrainHeroic is not responsible for the privacy policies of any third-party websites which user may access through a third-party link. Further, these third-party websites may have privacy policies that differ from this Privacy Policy. TrainHeroic disclaims all responsibility for the privacy practices of such other third-party websites. You should read the privacy policies of each third-party website you visit to determine what information each third-party website may be collecting about you and how they intend to use such information.

Questions

If you have any questions or comments about the Privacy Policy or this Site, please contact us by email at info@trainheroic.com. You also may write to us at:

TrainHeroic

Attn: Ben Crookston

7007 Winchester Circle

Boulder, CO 80301

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Cookies Policy.

TrainHeroic uses “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons and embedded scripts) to help provide you a better, more personalized user experience. These technologies are used to:

Make the user experience more efficient (e.g., maintaining items in your Shopping Cart between visits).

Remember your preferences (e.g., browsing language, account login information)

Help us understand and improve how visitors use our website, including which of our pages and products are viewed most frequently.

The Options/Settings section of most internet browsers will tell you how to manage the cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser settings. Upon the commencement of each of your visits to our websites, the website also provides the ability to turn off all non-strictly-necessary cookies for the Emerson websites for that visit. Please be advised that disabling cookies through either method may impact many of our websites’ features.

Instructions for blocking or allowing cookies in common web browsers are provided at the links below:

Internet Explorer 7 and 8

Firefox

Google Chrome

Apple Safari

AboutCookies.org

We use the following cookies:

Strictly necessary cookies.These are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into secure areas of our websites, use a shopping cart or make use of e-billing services.

Analytical/performance cookies.They allow us to recognize and count the number of visitors and to see how visitors move around our websites when they are using it. This helps us to improve the way our websites works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies.These are used to recognize you when you return to our websites. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies.These cookies record your visit to our websites, the pages you have visited and the links you have followed. We will use this information to make our websites and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Cookie

Cookie Category

Purpose

name

 

 

 

 

 

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Google

[Performance

To allow us to track how popular our websites are and to record

Analytics

cookie / Functional

visitor trends over time. The cookie helps track which pages are

 

cookie / Targeting

accessed. The cookie contains no personally-identifiable

 

cookie.]

information, but it does use your computer's IP address to

 

 

determine where in the world you are accessing our websites from,

 

 

and to track your page visits within our websites.

 

 

 

Mode

Analytical/performance

They allow us to recognize and count the number of visitors and to

Analytics

cookie

see how visitors move around our websites when they are using it.

 

 

This helps us to improve the way our websites works, for example,

 

 

by ensuring that users are finding what they are looking for easily.

 

 

 

Fabric

Analytical/performance

They allow us to recognize and count the number of visitors and to

Analytics

cookie

see how visitors move around our websites when they are using it.

 

 

This helps us to improve the way our websites works, for example,

 

 

by ensuring that users are finding what they are looking for easily.

 

 

 

Rollbar

Analytical/performance

They allow us to track when users encounter site errors on our

 

cookie

applications. This helps us to improve the way our websites

 

 

works, for example, by ensuring bug free experiences.

 

 

 

New Relic

Analytical/performance

They allow us to monitor the performance of our applications and

 

cookie

ensure they’re running smoothly.

 

 

 

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Facebook

Targeting cookie

These cookies record your visit to our websites, the pages you

 

 

have visited and the links you have followed. We will use this

 

 

information to make our websites and the advertising displayed on

 

 

it more relevant to your interests. We may also share this

 

 

information with third parties for this purpose.

 

 

 

Segment

Analytical/performance

Cloudbased user analytics services

 

cookie

 

 

 

 

We also allow third parties to place cookies on your device through the Services to:

Help us understand and improve how visitors use our websites, including which of our pages and products are viewed most frequently.

More effectively market our products and services and advertise other products and services that may be of interest to you.

Obtain your feedback on our products and the Services.

Allow you to engage in our social media offerings (e.g., clicking the “Like” button on our website).

The use of third-party cookies is not covered by our Privacy Notice. We do not have access or control over these cookies. If you continue to use our websites, we will assume you agree to the use of these cookies. You may visit the following links from our third-party partners to opt-out of their tracking and learn about their privacy practices:

Google Analytics:

To view Google’s privacy policy, please visit: http://www.google.com/policies/privacy/.

To opt-out, please download and install the Google Analytics opt-out browser add-on by visiting: https://tools.google.com/dlpage/gaoptout.

Fabric

To view Fabric’s privacy policy, please visit: https://policies.google.com/privacy?hl=en&gl=us

Mode Analytics

To view Mode’s privacy policy, please visit: https://about.modeanalytics.com/privacy/

Facebook

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To view Facebook’s privacy policy, please visit: https://www.facebook.com/full_data_use_policy

New Relic

To view New Relic’s privacy policy, please visit: https://newrelic.com/termsandconditions/privacy

Rollbar

To view Rollbar’s privacy policy, please visit: https://docs.rollbar.com/docs/privacy-policy

Segment

To view Segments privacy policy, please visit: https://segment.com/docs/legal/privacy/

Although not all cookies and similar technologies that we use are required for you to use the Services, disabling these technologies altogether could prevent the Services from working properly and disable features that allow you to take full advantage of the Services we offer.

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