Privacy Policy

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TrainerSwipe Inc. and its affiliates, which include TrainerSwipe Limited and TrainerSwipe Fitness & Health Inc. (“TrainerSwipe,” “us,” "we," or “our”) is committed to protecting and respecting your privacy in connection with your use of our website, https://trainerswipe.com (the “Website(s)”), applications (“Apps”) and other products, services, and features thereof (the Website, the Apps and such other products, services and features are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Trainer Swipe). This privacy policy (“Privacy Policy”) and any other documents referred to herein set forth the basis on which any personal data we collect from you, or that you provide to us, in connection with the Products will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will collect, use and disclose your personal data.

1. DATA WE MAY COLLECT

We may collect and process the following data about you:

Personal data including, for example, your name, e-mail address, password, and in certain instances, telephone number, data about your usage of the Products, data you provide in connection with your usage of the Products, and data collected by tracking technologies as further described in section 4 below that may identify you as an individual or allow online contact with you as an individual.

For individuals who participate in a TrainerSwipe Family plan, we may collect additional personal data, for example, Email Addresses in order to verify family member status.

If, as a primary account holder.

Trainer Swipe does not collect or process credit or debit card (“Payment Card”) data. Apple and Google collect Payment Card data with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card data with respect to purchases made through the Websites. Such payment processors generally provide us with some limited data related to you, such as a unique, anonymous token that enables you to make additional purchases using the data they’ve stored, and your card’s type, expiration date, billing address, and the last four digits of your card number.

For individuals using the Products in connection with a Community client account as described in section 6, business data such as your company name, and company email address to the extent that you or your Community provides such data.

We store this data for the sole purpose of sending invitations and tracking the success of our Buddy program. If your Buddy would like us to delete his or her data, they can do so by opting-out as described in each invitation or by contacting us at trainer-swipe@outlook.com.

If you choose to have your account verified to confirm your status as a student, we may allow a third-party platform to access the specific personal data you provide in order to perform the verification. All the information you need to fill in the open text fields during account registration is mandatory. Any failure to complete that information or any response TrainerSwipe considers abnormal may result in Headspace refusing (or being unable) to process your request.

2. USES MADE OF THE DATA

• To provide you with the Products.
• To answer your questions or requests for information or handle your complaints.
• To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.
• To provide you with promotional communications, such as email, to the extent that you have provided consent and/or consistent with notice and any opt-out rights to receive such communications under applicable law.
• To carry out our obligations arising from any agreements entered into between you and us.
• To allow you to participate in interactive features of the Products, when you choose to do so.
• To notify you about updates or changes to Product features and content.
• To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state, or country).
• To account for applicable sales taxes based on zip codes provided to our payment processors for purchases made through the Website.
• To inform Partners about your registration and use of the Products as described under Corporate and Other Community Sharing.

The security of your personal data is important to us. We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal data, you can contact us at trainer-swipe@outlook.com. Except as described under the “Disclosure of Your Data” section below, we do not provide your personal data to any third party without your specific consent, as defined by applicable law.

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record data such as how often you engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the data we store within the analytics software to any personal data you submit within the mobile application.

LOG FILES

As true of most websites, we gather certain data and automatically and store it in log files. This data may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

6. WHERE WE STORE YOUR PERSONAL DATA

All data you provide to us through the Products is stored on our secure servers located in the UK. Any payment transactions will be encrypted using SSL technology; all payment data is stored with our payment processor and is never stored on TrainerSwipe servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that you change your password frequently.

Unfortunately, the transmission of data via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Products; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

Unfortunately, the transmission of data via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Products; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

As you may know, a European Union law called the General Data Protection Regulation (“GDPR”) gives certain rights to applicable individuals in relation to their personal data. Accordingly, we have implemented transparency and access controls to help such users, including residents of the EU, Switzerland, and the United Kingdom exercise those rights. As required under applicable law, the rights afforded to you are: A right of access: you have the right to obtain (i) confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain (ii) access to such data and a copy thereof. We provide an easy-to-view snapshot of such data via the “My Data” tab in the Products.

A right to rectification: you have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. Upon request, Trainer Swipe will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. However, this is not an absolute right, and Trainer Swipe may have legal or legitimate grounds for keeping such data.

A right to restriction of processing: in some cases, you have the right to obtain restriction of the processing of your personal data.

A right to data portability: you have the right to receive the personal data concerning you which you have provided to TrainerSwipe, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from TrainerSwipe. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.

A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you when such processing is based on the legitimate interest of Trainer Swipe. Trainer Swipe may, however, invoke compelling legitimate grounds for continued processing. When your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of such data.

A right to give instructions concerning the use of your data after your death: as required by applicable law, you may have the right to give TrainerSwipe instructions concerning the use of your personal data after your death. To exercise one or more of these rights, you can email. You may access your personal data to modify or update at any time via an online account, or by email. We will respond to your request in a reasonable timeframe in accordance with applicable law.

11. DISCLOSURE OF YOUR DATA

We may disclose your personal data with and among our subsidiaries, ultimate holding company, and any affiliates, which include TrainerSwipe health & Fitness app.

We may also disclose your personal data to third parties as follows:

• In some circumstances, based on your specific requests, we may need to disclose your personal data to a third party so that it can provide a service you have requested from such party, or fulfill a request for data from such party. An example of this is the SMS Service.
• In some circumstances, we may disclose the personal data that you have provided to TrainerSwipe to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality, complementary services, or bundled pricing options.
• In some limited circumstances, our email service provider may receive certain information you share in-app to provide you with personalized email communications.

12. DATA RETENTION

The retention periods applied by TrainerSwipe comply with applicable legislation in effect on the date hereof, namely:

• For data relating to your account: such data will be permanently and irrevocably anonymized in the event that your account is: (i) inactive for a period of two (2) years; and (2) not subscribed to “TrainerSwipe Plus.” Moreover, we will permanently and irrevocably anonymize your account data within thirty (30) days of your written request to do so via email to trainer-swipe@outlook.com.
• For transactional data relating to your purchases: such data is kept for the entire period of the contractual relationship, then in accordance with legal obligations and applicable statute of limitation periods. Please note that this data does not include Payment Card information, which is processed by our third-party payment processors, and not TrainerSwipe.
• For data collected based on your consent to receive our marketing communications: we will use such data until you opt out, withdraw consent or applicable law requires that such data is no longer used.
• When your data are collected in the context of requests/queries: such data are kept for the period necessary to process and reply to such requests or queries.

13. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES

To the extent that you have provided appropriate consent under applicable law to certain processing activities, such consent can be withdrawn at any time by emailing trainer-swipe@outlook.com.

14. LINKS TO THIRD PARTY SITES

The Products may, from time to time, contain links to and from the Products of our partner networks, advertisers, and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal data to these external websites.

17. USE OF TrainerSwipe BY MINORS

You must be 16 years of age, or the age of majority in your province, territory, or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may view the audiovisual content displayed in the Products only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms. This provision shall not be applicable to registrations made under certain Community (as defined below) offerings where specified in applicable contracts between TrainerSwipe and the Community.

21. TRANSMISSION TO OTHER COUNTRIES

The subsidiaries, service providers, or other third parties listed above to whom Trainer Swipe may disclose your personal data may be domiciled abroad, and in particular outside the European Union, Switzerland, and the United Kingdom.

In such case, Trainer Swipe will require them to take, in accordance with applicable legislation, contractual, organizational, and technical measures designed to ensure an adequate level of protection of your personal data, such as the use of Standard Contractual Clauses approved by the European Commission.

2. USE OF PERSONAL INFORMATION

We may use or disclose the personal information we collect for the purposes described in section 9 of the Privacy Policy.

3. SHARING PERSONAL INFORMATION

We may disclose your personal information to third parties for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not to use it for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category 1: Identifiers
• Category 2: Personal Information
• Category 3: Internet activity

Specific examples of such sharing activities can be found in sections 6 and 11 of the Privacy Policy.

We do not sell your personal information to third parties. We do share a limited set of data that is gathered when you visit our Websites, such as cookies and pixels, with third parties in order to allow you to see tailored digital advertisements, as further detailed in Section 4 of our Privacy Policy.

In the last twelve (12) months, we’ve disclosed the following categories of personal information to advertising partners as described above:

• Category 1: Identifiers
• Category 2: Personal Information
• Category 3: Internet activity

4. YOUR RIGHTS AND CHOICES

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The categories of personal information we share with third parties.
• The specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will permanently and irrevocably anonymize your personal information, unless an exception applies.

We may deny your deletion request if certain CCPA exemptions apply, including but not limited to, if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights: To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Emailing us at trainer-swipe@outlook.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We also provide an easy-to-view snapshot of your personal information that we have processed via the “My Data” tab in the Products.

Response Timing and Format: Upon receiving a request for access, portability, or deletion, we will confirm receipt of the request within 10 business days and provide information about our verification process and how we will process the request.

Accordingly, while we do not sell your personal information, if you wish to opt-out of our sharing of the limited data that is gathered when you visit our Websites for purposes of targeted digital advertising, as described in this CCPA Notice and our Privacy Policy, you can opt-out by visiting the Headspace Cookie Policy and clicking “opt-out of marketing / analytics cookies” at the bottom of the page. Doing so will erase all current marketing cookies and disable the placement of future marketing cookies.

We do NOT use cookies so that third parties can serve ads to you about their own products or services.

We do NOT sell or rent your personal information to any third parties for their own advertising or marketing purposes.

6. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Removing members

If a member abuses another member, they would be blocked straight away within the platform within the next 24 hours.