Born Tough Athlete Legal

Born Tough Trainer Mobile App Privacy Policy

Last modified: March 19, 2019

We, Born Tough Trainer LLC, a Florida limited liability company with its office at 3 Turtle Walk, Key Biscayne, Fl 33149 (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you download, install, register with, access, or use the Born Tough Trainer Mobile App (both the Trainer Version and the Athlete Version) (the “MobileApp”).
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this Mobile App and, in email, and other electronic communications sent through or in connection with this Mobile App.

This policy DOES NOT apply to information that:

  • We collect offline or on any other Company Mobile Apps or websites, including websites you may access through this Mobile App.
  • You provide to or is collected by any third party

Our websites and Mobile Apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this Mobile App. By downloading, registering with, or using this Mobile App, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Mobile App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 13

The Mobile App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy RightsSectionof this Privacy Policy for more information.

Information We Collect and How We Collect It

We collect information from and about users of our Mobile App:

  • Directly from you when you provide it to us.
  • Automatically when you use the Mobile App.

Information You Provide to Us

When you download, register with, or use this Mobile App, we may ask you to provide information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, any other identifier by which you may be contacted online or offline (“Personal Information”).
  • That is about you but individually does not identify you, such as the information you post via the Mobile App, information you share with your Trainer/Athlete (depending on the version of the Mobile App that you have downloaded, installed, and are currently using) via the Messaging Interface or any of the Tools available to all users of the Born Tough Trainer Mobile App.

This information includes:

  • Information that you provide by filling in forms in the Mobile App. This includes information provided at the time of registering to use the Mobile App and answering questions in Create Identity and Have Faith Tools of the Mobile App. We may also ask you for information when you report a problem with the Mobile App.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • The content of the Messages you share with your Trainer/Athlete (depending on the version of the Mobile App that you have downloaded, installed, and are currently using) via the Messaging Interface.
  • If you are using the “Athlete Version” of the Mobile App, please be informed that the information you record via any of the Tools available to all users of the “Athlete Version” of the Born Tough Trainer Mobile App – including, but not limited to: Identity Questions in Create Identity Tool, Daily Tasks in Commit to Today Tool, Voice Recordings in Produce Pep-Talks Tool, Progress Logs in Log Progress Tools, Routines in Develop Routines Tools, Video Recordings in Interview Yourself Tool, Your Grades in Track Character and Find Flow Tool, as well as Answers to Questions in Have Faith Tool (“Athlete Contributions”) – will be collected by the Born Tough Trainer Mobile App in order to be Saved and be Searchable by you and your Trainer at a later date.
  • If you are using the “Trainer Version” of the Mobile App, please be informed that the information you record via any of the Tools available to all users of the “Trainer Version” of the Born Tough Trainer Mobile App - including but not limited to the contents of your communication the Athletes and any notes provided to them via the Mobile App – will be collected by the Born Tough Trainer Mobile App in order to be Saved and be Searchable by you and the Athlete you shared your Trainer Contributions with at a later date.

The Mobile App also may request access to metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, notes and other information that you decide to provide to us. This information can be uploaded by you to the Mobile App in order to share your Athlete Contributions or Trainer Contributions in the respective Tools of the Mobile App.

Automatic Information Collection

When you download, access, and use the Mobile App, it may use technology to automatically collect:

  • Usage Details. When you access and use the Mobile App, we may automatically collect certain details of your access to and use of the Mobile App, including traffic data, location data, and other communication data and the resources that you access and use on or through the Mobile App. That is done in order to provide your Trainer with a precise record of your progress, as well as the level of your commitment as reflected in the usage of the Born Tough Trainer Mobile App.
  • Location Information. This Mobile App may collect real-time information about the location of your device. If you do not want us to collect this information you may opt-out at any time by going to your mobile device settings and turning location tracking for this Mobile App therein. Note, however, that opting out of the Mobile App’s collection of location information will cause its location-based features to be disabled.

Information Collection Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies).A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our Mobile App.

Third-Party Information Collection

When you use the Mobile App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • App store and platform providers, as well as advertisers, ad networks, and ad servers associated with such;
  • Your mobile device manufacturer;
  • Your mobile service provider;

These third parties may use tracking technologies to collect information about you when you use this Mobile App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, mobile apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the Mobile App and its contents, and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account, including expiration and renewal notices, if you are using the “Trainer Version” of the Mobile App.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if you are using the “Trainer Version” of the Mobile App.
  • Notify you when Mobile App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our Mobile App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Mobile App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the Mobile App.

Disclosure of Your Information

We may disclose aggregated information about our users without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Born Tough Trainer LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Born Tough Trainer LLC about our Mobile App users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “share your achievement with a friend” feature of our Mobile App, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Born Tough Trainer LLC, our customers or others.
  • If you are using the “Athlete Version” of the Mobile App you hereby allow the Born Tough Trainer Mobile App to share your Athlete Contributions via transmission to your Trainer at your own risk. Please be aware that we cannot control the actions of third parties (such as your Trainer) with whom you may choose to share your Athlete Contributions. Therefore, we cannot and do not guarantee that your Athlete Contributions will not be viewed by unauthorized persons.
  • If you are using the “Trainer Version” of the Mobile App you hereby allow the Born Tough Trainer Mobile App to share your Trainer Contributions via transmission to the respective Athlete at your own risk. Please be aware that we cannot control the actions of third parties (such as your Athlete) with whom you may choose to share your Trainer Contributions. Therefore, we cannot and do not guarantee that your Trainer Contributions will not be viewed by unauthorized persons.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the Mobile App and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Mobile App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Mobile App users. Proper access and use of information provided on the Mobile App, including User Contributions, is governed by our Terms of Use, found at https://borntoughtrainer.com/born-tough-trainer-legal.

California residents may have additional personal information rights and choices. Please see below for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Mobile App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We currently DO NOT provide any personal information to third parties for such purposes, however, to make such a request, you can send an email to [email protected]rainer.com or write us at our mailing address: Born Tough Trainer LLC, 3 Turtle Walk, Key Biscayne, Fl 33149.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our Firebase Secure Servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Mobile App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out this information in public areas like message boards. Similar precautionary security measures shall be implemented in regard to the Trainer Code that is generated to each user of the Trainer Version of the Mobile App upon registration.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Mobile App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify you by email to the email address specified in your account/an in-Mobile App alert the first time you use the Mobile App after we make the change.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected]