[Version: October 18, 2019]
- Our software-as-a-service studio management software (“ZINGFIT System”),
- Our social media pages,
Collectively the “ZINGFIT Services”.
1. Defined Terms
“End User” means any individual who interacts with the ZINGFIT Services and individuals who schedule classes, purchase services and otherwise interact with our Client Studios through the ZINGFIT Services.
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as ZINGFIT App usage data.
“Personal Information” is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs.
“Client Studio” is any business or entity that subscribes to (or otherwise accesses or uses) our ZINGFIT System.
2. Personal Information Defined
Personal Information we may collect or obtain includes:
- Contact details (e.g., name, address, email, telephone number),
- Personal details (e.g., date of birth),
- Financial and transaction data (e.g., purchase history, account information, shipping and billing information, etc.), and
- Other ZINGFIT Services related data (e.g., customer requests, statistics, gender, weight, FTP score, etc.).
3. How We Collect Information
Through the ZINGFIT Services
We collect information about you whenever you use the ZINGFIT Services, for example:
- If you are a Client Studio, when you sign up for our ZINGFIT System, 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. We also collect Personal Information about your customers that they provide to the ZINGFIT Services when they initiate a transaction or otherwise interact with you, such as to book a class or make a purchase. 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.
- If you are an End User, we collect information about you when you interact with the ZINGFIT Services. For example, if you initiate a transaction through the ZINGFIT Service, such as a purchase, we may collect your Personal Information as well as any other information you provide in order to process the transaction. This information may be shared with third parties solely for the purposes of processing such transactions on your behalf. We encrypt credit card numbers using industry standard technology. We may also collect other Personal Information at the request of the Client Studio 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 ZINGFIT Services, such as IP address.
- From other sources:
- In addition to the information we collect from you through ZINGFIT 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 ZINGFIT 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 ZINGFIT Services under the direction of our Client Studios.
4. How Personal Information May Be Used
We may use your Personal Information for legitimate business purposes, including:
- To provide the functionality of ZINGFIT Services and related support.
- To create, and administer accounts, fulfil 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 facilitate social sharing.
- 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.
- 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.
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. How Personal Information May Be Disclosed
We may disclose your Personal Information:
- In connection with processing transactions for your benefit via the zingfit System, to our strategic partners and third-party service providers — who provide services 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 Client Studios if you are an End User and are using our ZINGFIT Services to interact with that Client Studio. Please contact the Client Studio you interact with directly for more information on that Client Studio’s privacy practices.
- To you, through message boards, 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 your friends associated with your social media account, to other website users and 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 ZINGFIT Services.
- To business partners in the context of a corporate transaction. If ZINGFIT is involved in a sale or business transaction (e.g., merger or acquisition), ZINGFIT will retain a legitimate interest in disclosing or transferring your Personal Information to a third party 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). Such third parties may include, for example, an acquiring or target entity and its advisors.
- To public authorities in response to lawful requests, including to meet national security or law enforcement requirements.
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. How to access, correct, delete or exercise other rights regarding your Personal Information
Where applicable law allows for such a request, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact ZINGFIT at email@example.com with the subject line “Data Subject Request.” We will respond to your request consistent with applicable law.
For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Moreover, where you are an End User, ZINGFIT may need to forward your request and refer you to your Client Studio who may be better placed to address your request.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.
If you are under 18 years of age and a user of the ZINGFIT Services, you may also be entitled to ask us to remove content or information that you have posted to the ZINGFIT Service by submitting a request to firstname.lastname@example.org. Please note that your request does not ensure complete or comprehensive removal of the content or information.
If you are a customer of one of our Client Studios and would no longer like to be contacted by one of our Client Studios, or would like request the exercise of a right as set out above in relation to Personal Information held by a Client Studio, please contact the Client Studio directly.
7. Tracking and Advertising
8. Cookies Policy
When you access or use ZINGFIT Services, we (or a third-party provider) may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons, to track what you view and interact with on the Service. We treat information collected by cookies and similar technologies as non-personal information.
A “cookie” is a small bit of record-keeping information that is sent to your computer. The cookies that we use do not include personal information and may be used to: (1) help you navigate around ZINGFIT Services, (2) monitor how many people are using ZINGFIT Services, and (3) track trends. The cookie does not track your activity outside of ZINGFIT Services.
Most browsers are initially set up to accept cookies, but you can disable cookies or set your browser to indicate when a cookie is being sent. However, disabling cookies may affect your ability to access the Service.
9. Social Media Features and Widgets
10. Public Forum
Our websites offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose Personal Information through ZINGFIT public message boards, blogs, or forums, this information may be collected and used by others. To request removal of your Personal Information from our blog or community forum, contact us at email@example.com. 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.
11. Facebook Connect
You can log in to some of the ZINGFIT Services using sign-in services such as Facebook Connect 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.
12. Testimonials, Ratings and Reviews
If you submit any testimonial, rating or review (“Testimonial”) to the ZINGFIT Services, any Personal Information you include in such Testimonial may be displayed in the ZINGFIT Services or on our website. We may engage third-party service providers in connection with the foregoing to collect and/or display such information via our website. If you want your Testimonial removed, please contact us at firstname.lastname@example.org.
13. Third Party Payment Processor
We currently use third party payment processors as a Third Party Offering for internet-based payment services. If you wish to make a payment through ZINGFIT Services, your Personal Information may be collected by such
14. 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 ZINGFIT Services, including our social media pages.
15. Data Retention
Subject to your right to request the removal of your Personal Information as set forth in Paragraph 6, we will retain your Personal Information for as long as needed or permitted in light of 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 ZINGFIT Services to you (for example, for as long as you have an account with us or keep using the ZINGFIT 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).
16. Security of Your Information
The security of Personal Information is a high priority at ZINGFIT. We seek to use reasonable technical, administrative and physical safeguards to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.
17. Use of Service By Minors
The ZINGFIT Services are not directed or targeted at children under the age of sixteen (16), and we request that they do not provide Personal Information through the ZINGFIT Services.
18. Cross-Border Transfer
The ZINGFIT Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the ZINGFIT Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
Some of the non-European Economic Area (“EEA”) countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses with our vendors (based on the clauses published at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087, a copy of which can be obtained by contacting us, see below).
19. 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, biometrics or genetic characteristics, trade union membership or criminal background) on or through the ZINGFIT Services or otherwise to us, except where explicitly requested or consented to.
20. Compliance and Oversight
As a corporation based in the United States, zingfit is also subject to the regulatory oversight, investigative, and enforcement powers of the United States Department of Commerce and Federal Trade Commission.
22. Contact Us
2051 Dogwood Street, Suite 110 Louisville, Colorado 80027
For the EEA, you may also:
- Contact our Data Protection Officer responsible for your country or region, if applicable at email@example.com
- Lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
23. Complaints and Disputes
zingfit has further committed to refer unresolved privacy complaints to the American Arbitration Association (“AAA”), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the American Arbitration Association or visit https://apps.adr.org/webfile for more information or to file a complaint.
The services of the American Arbitration Association are provided at no cost to you. In circumstances where zingfit and the End User are unable to independently resolve any such privacy complaints, the End User and zingfit both agree to be bound by any judgement of an arbitration panel, whether initiated by the End User or by zingfit.
24. Third Party Vendors
|Amazon Web Services||https://aws.amazon.com/privacy/|