By using or accessing the Site, you (“you” or “your” or “user” or “member”) (i) agree and acknowledge that you have read and understood this Policy, and (ii) acknowledge and consent to the learning, collection and use of your Personal Information (as hereinafter defined) as described in this Policy. If you do not agree with any portion of this Policy, you are prohibited from using or accessing the Site.
When you register for a membership on the Site and when you complete a user profile and use the Site, you will provide certain data and information to TrainerRoad and, during your use of the Site, TrainerRoad will learn, collect and use certain additional data and information about you for various purposes, as more fully set forth in this Policy. This data and information includes, without limitation, name, age, gender, physical address or location, electronic mail address, telephone number, cellular number, billing and credit card information, demographic information, internet protocol address, browser types, domain name, mobile device identifier, wireless carrier, fitness and physical characteristics, sport preferences, and any other data or information that you upload or provide to the Site or which is collected through your use of the Site and which may be reasonably associated with, connected to you, or used to identify you, or which would allow you to be personally identified or contacted (all such personal data and information is collectively referred to herein as, “Personal Information”).
In addition to Personal Information, when you register for a membership on the Site and when you complete a user profile and use the Site, you will provide certain other data and information to TrainerRoad and, during your use of the Site, TrainerRoad will learn, collect and use certain other additional data and information which cannot be used to identify you, or which would not allow you to be personally identified or contacted, including, without limitation, statistical data and information, performance, exercise, training and fitness data, training plan use, and training logs (“Non-Personal Information”).
Even though TrainerRoad will learn, collect and use information about you, TrainerRoad will not lease, sell, share or otherwise provide your Personal Information to any third party without your consent, except as provided herein.
What We Learn, Collect and Use
Beginning when you register on the Site, TrainerRoad will learn, collect and use certain personal data and information about you and, as you use the Site will continue to learn, collect and use additional Personal Information.
Registration. In order to become registered user of the Site, you must provide us with Personal Information. Without providing Personal Information, you cannot create an account and/or become a registered user of the Site. At the time of registration or when you choose to use certain services available or offered on the Site, TrainerRoad may collect certain other information, including without limitation, Personal Information, from you including, without limitation, demographic information, such as location, age or gender. TrainerRoad may request or collect Personal Information from you during any registration process which TrainerRoad may use to provide or improve the Site or may use as is otherwise provided herein. TrainerRoad may store Personal Information, and it may be included in databases owned and maintained by TrainerRoad’s affiliates, agents or service providers.
Using the Site. When you use and interact with the Site, TrainerRoad also receives and stores additional Personal Information, which information may or may not be personally identifying information. Such information includes, without limitation, your internet protocol address, browser types, domain name, and other statistical data involving your use of the Site and/or our services. Such information is collected passively using various technologies or may be provided by you through communications with the Site or TrainerRoad.
TrainerRoad uses “cookies.” A cookie is a piece of information that the Site gives to your computer when you access the Site. Cookies are used by TrainerRoad to track your usage of the Site, trends on the usage of the Site and to improve the Site and analyze and assess changes to, successes and failures of the Site and portions thereof. Members who do not wish to have cookies placed on their computers should set their browsers to block cookies. Some features of the Site may not function properly if the ability to accept cookies is disabled. We also use other programs, software and/or applications, including, without limitation, Google Analytics, to analyze typical user behavior.
TrainerRoad may also collect information through other commonly used techniques, including without limitation, (i) through your browser, computer, mobile device, or tablet to ensure Site functionality, (ii) though pixel tags, web beacons, or clear GIFs, (iii) through Flash objects; or (iv) through your IP Address. If you disable our ability to collect or obtain information through any of the above-referenced means, some or all of the features of the Site may not function properly. For security purposes and to ensure the availability of the Site, TrainerRoad may also use programs, software and/or applications to monitor network traffic, to identify unauthorized attempts to upload or change information, or otherwise cause damage to the Site or TrainerRoad.
Based on how the internet operates, when you visit the Site we automatically receive the uniform resource locator of the prior webpage that you were on and of the webpage where you go after the Site. TrainerRoad also receives the internet protocol address of your computer, the type of operating system and web browser you are using, your location, date and time of your access, pages viewed on the Site and other information related to your visit to the Site.
TrainerRoad may also collect information when you interact with the Site’s or TrainerRoad’s customer service in order to assist you and to improve the operation of the Site.
How We Use Your Personal Information
TrainerRoad uses your Personal Information in connection with the operation, development and improvement of the Site and other products and services offered by TrainerRoad and its affiliates, the operation and billing of your account and/or membership, and for other uses consistent with this Policy. TrainerRoad may use your Personal Information for any internal purpose, including, without limitation:
- to respond to your inquiries and fulfill your requests;
- to inform you about important information regarding the Site, products or services for which you subscribe or may be interested in subscribing for, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information;
- to manage your account and for other membership, subscription and billing purposes;
- to allow outside vendors to perform services required by the Site;
- to deliver marketing communications, whether from TrainerRoad, its affiliates or third parties, that we believe may be of interest to you, including, ads or offers tailored to you;
- to personalize your experience on the Site
- to provide historical training and workout data to other users;
- to verify your identity and/or location in order to allow access to your accounts, and to maintain measures aimed at preventing fraud and protecting the security of account and Personal Information;
- for risk control, security purposes, fraud detection and prevention;
- to allow you to participate in surveys and other forms of market research, sweepstakes, contests and similar promotions and to administer these activities (some of these activities may have additional rules, which may contain additional information about how Personal Information is used and shared);
- to comply with laws, rules or regulations, or with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures or law enforcement process;
- to enforce TrainerRoad’s rights under this Policy, the Terms and Conditions of www.TrainerRoad.com (the “Terms and Conditions”), or any other policy, document or agreement; or
- for general TrainerRoad business purposes, including, without limitation, data analysis, audits, developing and improving existing and new products and services, enhancing the Site, identifying usage trends and determining the effectiveness of promotional campaigns, and to otherwise manage and operate the Site, develop new services and products and conduct the business and operations of TrainerRoad and its affiliates.
YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION UNLESS YOU CONSENT TO THAT INFORMATION TO BE USED IN ACCORDANCE WITH THIS POLICY.
The Site permits you to post, upload, or otherwise make Personal Information publicly available on the Site or through third party web sites and services, including, for example, blogs, Facebook®, Twitter® or other social media applications, and Strava®, Garmin Connect®, TrainingPeaks®, and other training related applications. When you do this, the Personal Information will be made publicly available through the Site or, depending on your setting on the third party web site or service, through the other third party web site or service. You are responsible for determining when and where you would like to make your Personal Information publicly available and the Site will not alert you when you make your Personal Information publicly available. Please be aware that we do not have any information or access to such third party web sites and services and that once you make Personal Information publicly available to or through these third party web sites and services, this Policy is no longer in effect and your browsing and interaction are subject to the rules, terms and conditions, and/or policies of such third party web sites and services. When you post or upload to third party web sites and services through the Site, TrainerRoad will collect Personal Information from these third party web sites and services.
Please be aware that you are responsible for the payment of any fees or costs incurred by you in connection with receipt of communications from TrainerRoad, including data, internet, cellular carrier or other similar fees.
TrainerRoad recognizes the importance of the privacy of its users and does not lease, sell, share or otherwise provide Personal Information to third parties, except as provided herein. TrainerRoad will not disclose or provide your Personal Information to any third party except:
- as otherwise described in this Policy, including, without limitation, the internal purposes described above;
- to allow a third party to perform services for TrainerRoad or its affiliates related to the operation, development and improvement of the Site and other products and services offered by TrainerRoad and its affiliates, and the operation and billing of your account and/or membership;
- as otherwise required by laws, rules or regulations, or to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures or law enforcement process;
- as reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;
- as reasonably necessary to deliver marketing communications, whether from TrainerRoad, its affiliates or third parties, that we believe may be of interest to you, including, ads or offers tailored to you;
- as reasonably necessary to enforce TrainerRoad’s rights under this Policy, the Terms and Conditions, or any other policy, document or agreement;
- as reasonably necessary to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm; or
- as reasonably necessary to protect the rights and property of TrainerRoad or its officers, directors, shareholders, employees or agents.
TrainerRoad may post and use any testimonials that you have provided about the Site, in connection with the marketing and promotion of the Site. Testimonials and other marketing, promotions and advertisements may include obfuscated Personal Information (such as first name and general location) that you have provided to TrainerRoad.
TrainerRoad may also disclose your Personal Information to a third party as part of a sale of the stock or assets of TrainerRoad, as the result of a proposed or actual change in control of the company, or in connection with any financing of or investment in TrainerRoad by a third party. Any successor or assign of TrainerRoad, including, without limitation, any third party to which TrainerRoad transfers or sells TrainerRoad’s assets or to which the owners of TrainerRoad transfer their equity interests, by any means, will have the right to continue to use your Personal Information as set forth herein.
TrainerRoad may also learn, collect and use certain Non-Personal Information when you register, use or interact with the Site. This Non-Personal Information may include, without limitation, demographic information, or data, information and other metrics regarding the use of and access to the Site. TrainerRoad may also generate Non-Personal Information from the Personal Information we receive, collect, and obtain under this Policy. Once TrainerRoad receives or generates any Non-Personal Information, TrainerRoad may use or share that Non-Personal Information for any lawful purpose without a further duty or obligation to you. This will include, without limitation, developing products and services based on Non-Personal Information, providing those products and services to you or to other third parties, providing targeted marketing or advertising to users, or providing aggregated anonymous data about the usage of the Site to third parties for purposes that we deem, in our sole discretion, to be appropriate, including, without limitation, to prospective advertisers or investors.
Access to and Protection of Your Personal Information. You have a right to access, modify, correct and request that TrainerRoad internally delete any of your Personal Information provided to or obtained by the Site or TrainerRoad. To the extent that such Personal Information cannot be modified or corrected in your user profile by logging into your account and going to the “Edit Profile” page, any other request for access, modification, correction or deletion of your Personal Information, or a part thereof, should be addressed to support@TrainerRoad.com. If you update, modify or correct any such Personal Information, we may keep copies of your Personal Information prior to such update, modification or correction for uses provided for in this Policy. You may request internal deletion of your Personal Information at any time by contacting TrainerRoad in the manner set forth below, provided that TrainerRoad may retain, use and disclose your Personal Information as set forth in this Policy. TrainerRoad will endeavor to respond to your request in a timely manner. You recognize, acknowledge and agree that the Site and certain products and services of TrainerRoad require Personal Information as a condition to their availability to you, or as part of their functionality, and that to the extent you delete or withhold Personal Information, the Site and other products and services may not be available to you or their functionality may be limited.
Additionally, California residents may request and obtain from TrainerRoad a list of what Personal Information (if any) of such user we disclosed to third parties for that third-party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties by making such request to TrainerRoad at support@TrainerRoad.com. Requests may be made only once a year and are free of charge. California residents may opt-out of the disclosure of Personal Information to third parties for use by such third party in direct marketing by making such request to TrainerRoad at support@TrainerRoad.com. Please note that this opt-out does not prohibit disclosures made for non-marketing purposes, for purposes of assisting us with our own marketing, or for any other purpose permitted by this Policy.
Residents of Australia may request access to or correction of Personal Information. To access your Personal Information, please contact TrainerRoad at support@TrainerRoad.com. We may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law. If you have any complaints regarding how TrainerRoad handles your Personal Information, please contact TrainerRoad at support@TrainerRoad.com with a detailed description of the complaint. TrainerRoad responds to complaints as soon as practicable, and in any event, within the time limits prescribed by law.
Any Personal Information that you provide to TrainerRoad will be protected in a commercially reasonable manner. Although we will take these measures to protect your Personal Information, “perfect security” does not exist, and we cannot guarantee that your Personal Information will be secure in all situations. TrainerRoad recommends that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your devices.
Do Not Track
We do not track our members over time and across third party websites to provide targeted advertising and therefore we do not respond to Do Not Track (DNT) signals.
Links to Other Websites
We are not responsible for the practices employed by websites linked to or from the Site, nor the information or content contained therein. Please remember that when you use a link to go from the Site to another website, this Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Site, are subject to that website's own rules, terms and conditions, and/or policies.
The Site is not directed to individuals under the age of 13. TrainerRoad does not intentionally collect any information on the Site from those we actually know are under 13; in fact, registration for and use of the Site by persons under the age of 18 is expressly prohibited. If we become aware that we have collected any information, including without limitation Personal Information, from a person under age 13, we will take steps to remove that information.
In addition to the Site, this policy also applies to any TrainerRoad mobile applications and any Personal Information or other information that we may collect through such applications.
TrainerRoad reserves the right to revise this Policy at any time without prior notice to you. By using the Site, you are agreeing to be bound by the then-current version of this Policy, and your continued use of the Site reaffirms your agreement to the then-current Policy. You agree to consult the Site regularly for up-to-date information about this Policy. Without limiting the foregoing, TrainerRoad will post any revisions to this Policy on the Site and notify you that a revised Policy has been posted through your electronic mail address contained in your user account. It is your sole responsibility to ensure that this address is a current address and that you monitor this address for communications from TrainerRoad. Any revisions to the Policy will be effective five (5) business days from posting of such revisions to the Site for existing users, and shall be effective immediately for new users.
This Policy is part of and incorporated into the Terms and Conditions. To review the full Terms and Conditions for the Site, please visit https://www.trainerroad.com/terms-and-conditions. In the event that the terms of this Policy conflict with or are inconsistent with any provision of the Terms and Conditions, the Terms and Conditions shall govern.
Any claim under this Policy or otherwise related to the Site or TrainerRoad shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Washoe County, Nevada. You agree to submit to the personal jurisdiction of the courts located within Washoe County, Nevada, for the purpose of litigating all such claims. Notwithstanding the above, you agree that TrainerRoad shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, and shall be entitled to enforce a judgment against you in any jurisdiction.
The Site, and the other products and services of TrainerRoad, are solely directed to individuals residing in the United States. Those who choose to access and use the Site, and the other products and services of TrainerRoad, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. TrainerRoad reserves the right to limit the availability of the Site, and any other products or services of TrainerRoad, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.
If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Policy will not be affected in any way
Questions about this Policy should be addressed to support@TrainerRoad.com. If you would like a physical or electronic copy of this Policy, please address the request to support@TrainerRoad.com. If we need, or are required, to contact you concerning any event that involves any of your Personal Information that we collect, use, or share, we may do so by electronic mail, telephone, or mail using the address or number we have on file for you.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THIS POLICY, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THIS POLICY.
This GDPR Supplement is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”).
1. Contact Information
Likewise, if you desire to exercise a right described Paragraphs 2 through 9, below, and your exercise of that right requires you to contact TrainerRoad, then you should contact TrainerRoad at support@TrainerRoad.com.
2. Right to Access
You have a right to confirmation by TrainerRoad as to whether TrainerRoad is processing your personal data and, where that is the case, you have a right to access the following information:
- the purpose of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom your personal data have been or will be disclosed;
- the envisaged period for which your personal data will be stored or the criteria used to determine that period;
- the existence of your right to rectification (discussed below);
- the existence of your right to erasure (discussed below);
- the existence of your right to restrict processing (discussed below);
- the existence of your right to object to processing (discussed below);
- the existence of your right to lodge a complaint with a supervisory authority (discussed below);
- whether TrainerRoad uses your personal data for automated decision-making and, where that is the case, the logic involved and the significance and envisaged consequences to you;
- where TrainerRoad does not collect your personal data directly from you, the existence of your right to information regarding TrainerRoad’s source of your personal data; and
- where TrainerRoad intends to transfer your personal data to a third country or international organization, the existence of your right to be informed of the appropriate safeguards used in connection with the transfer.
Your right to access includes the right to obtain a copy of the personal data TrainerRoad is processing. In compliance with the GDPR, TrainerRoad will provide one such copy for free, but TrainerRoad may charge a reasonable fee for any additional copies.
3. Right to Rectification
You have a right to obtain from TrainerRoad the rectification of inaccurate personal data concerning you. Additionally, taking into account the purposes for which TrainerRoad is processing your personal data, you have a right to obtain from TrainerRoad the completion of incomplete personal data concerning you.
4. Right of Erasure
A. General Rule
You have a right of erasure to obtain from TrainerRoad the erasure of your personal data based on any of the following grounds:
- your personal data is no longer necessary in connection with the purposes for which TrainerRoad collected or otherwise processed your personal data (subject to the exceptions described in Paragraph 4(B), below);
- TrainerRoad collected or otherwise processed your personal data on the basis of your consent and you have since withdrawn your consent (subject to the exceptions described in Paragraph 4(B), below);
- you have exercised your right to object to processing (discussed below) and there are no overriding legitimate grounds for TrainerRoad to continue processing your personal data;
- TrainerRoad has unlawfully processed your personal data;
- compliance with a legal obligation imposed by the EU or the law of any “member state” of the EU (a “Member State”), to which TrainerRoad is subject, requires the erasure of your personal data; or
- TrainerRoad has collected your personal data in relation to the offer of information society services, i.e., an offer for a service normally provided for remuneration, at a distance (the parties are not simultaneously present), by electronic means, and at the individual request of the recipient of the service.
Your right to erasure described in Paragraph 4(A), above, does not apply where TrainerRoad’s processing of your personal data is necessary for:
- exercising the right of freedom of expression and information;
- complying with a legal obligation imposed by the EU or any Member State to which TrainerRoad is subject or for carrying out a task in the public interest; or
- establishing, exercising, or defending legal claims.
5. Right to Restrict Processing
You have a right to restrict TrainerRoad’s processing of your personal data if any of the following applies:
- you contest the accuracy of your personal data TrainerRoad is processing, (for a period sufficient to enable TrainerRoad to verify its accuracy);
- TrainerRoad’s processing of your personal data is unlawful but you object to the erasure of your personal data;
- your personal data is no longer necessary in connection with the purposes for which TrainerRoad collected or otherwise processed your personal data, but you require your personal data for the establishment, exercise, or defense of legal claims; or
- you have exercised your right to object to processing (discussed below), (pending verification that TrainerRoad has overriding legitimate grounds to process your personal data).
If you exercise your right to restrict processing, and if your exercise of said right is valid, then TrainerRoad can store your personal data but cannot otherwise process your personal data without your consent, unless otherwise processing your personal data is necessary for the establishment, exercise, or defense of legal claims, the protection of the rights of another natural or legal person, or for reasons of important public interest of the EU or a Member State.
6. Right to Object to Processing
A. Right to Object to Processing Based on Your Particular Situation
Where TrainerRoad’s processing of your personal information is necessary for the performance of a task carried out in the public interest or for legitimate interests pursued by TrainerRoad, you nevertheless have a right to object to TrainerRoad’s processing of your personal information on grounds relating to your particular situation. If you exercise your right to object to processing described in this Paragraph 6(A), TrainerRoad cannot process your personal data unless TrainerRoad demonstrates that it has overriding legitimate grounds to process your personal data.
B. Right to Object to Processing for Direct Marketing Purposes
You have a right to object to TrainerRoad’s processing of your personal information for direct marketing purposes. If you exercise your right to object to processing described in this Paragraph 6(B), TrainerRoad cannot process your personal information for direct marketing purposes.
7. Right to Data Portability
Where TrainerRoad’s processing of your personal data is based on your consent or is necessary for the performance of a contract to which you are a party or is necessary to take steps requested by you prior to entering into a contract, and where TrainerRoad’s processing of your personal data is carried out by automated means, you have a right to data portability. This means that you have a right to receive from TrainerRoad a copy of the personal data you provided to TrainerRoad in a structured, commonly used, and machine-readable format. Additionally, this means that you have a right to require TrainerRoad to transmit directly to a third party the personal data you provided to TrainerRoad, provided that such transmission is technically feasible and provided further that such third party is a natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing personal data.
8. Right to Withdraw Consent to Processing
Where TrainerRoad’s processing of your personal data is based on your consent, you have a right to withdraw consent. However, your withdrawal of consent will not affect the lawfulness of TrainerRoad’s processing of your personal data prior to your withdrawal of consent.
9. Right to Lodge a Complaint with a Supervisory Authority
If you think that TrainerRoad’s processing of your personal data is unlawful or otherwise improper, you have a right to lodge a complaint with a Supervisory Authority. A “Supervisory Authority” is an independent public authority established by a Member State pursuant to Article 51 of the GDPR. You should contact the Supervisory Authority established by the Member State of which you are a citizen. If you cannot identify that Supervisory Authority, then you may contact TrainerRoad using the contact information provided in Paragraph 1, above. TrainerRoad will exercise its best efforts to assist you in identifying that Supervisory Authority.
10. Intention to Transmit Your Data to a Third Country
The personal data collected by TrainerRoad is transmitted over the internet. TrainerRoad employs several safeguards to protect the transmission of your personal data. These safeguards include encryption of certain data and other commercially reasonable measures and practices. If you desire more information regarding these safeguards, then you should contact TrainerRoad using the contact information provided in Paragraph 1.
This policy was last modified on 5/24/2018