GDPR Privacy Notice
Introduction
This GDPR Privacy Notice (“Notice”) explains how SwitchedOn Training, Inc., located at 1127 Mary Jane Ln. Beach Park, IL. 60099 (“SwitchedOn”, “we”, “us”, “our") makes use of the personal information it collects about you in connection with your use of the SwitchedOn Training App (the “App”) or the website located at www.switchedontrainingapp.com and its subdomains (the “Website”). Collectively, the App and the Website shall be referred to herein as the “Services.” The terms used in this Notice have the same meanings as in our Terms and Conditions, which is accessible at SwitchedOn Training unless otherwise defined in this Notice.
Please note that this Privacy Notice applies to our users in the European Union. Other users should refer to our company Privacy Policy, located at https://www.switchedontrainingapp.com/privacy-policy. Our Privacy Policy is hereby incorporated into this GDPR Privacy Notice; however, where there is a conflict between the Privacy Policy and this Notice, the provisions of this Notice shall control.
Collecting Your Information
What data do we collect?
For a better experience, while using our Services, we may require you to provide us with the following data:
· Personally identifiable information, including but not limited to email address.
· Log data, including information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and data of your use of the Service, and other statistics.
For a list of other information we collect, please see the “Information We Collect and How We Collect It” section of our Privacy Policy https://www.switchedontrainingapp.com/privacy-policy.
Where you fail to provide or delay in providing information we reasonably require to fulfill our obligations in connection with the services we provide to you, including any legal and regulatory obligations, we may be unable to offer the services to you and/or we may terminate the services provided with immediate effect.
How do we collect your data?
You directly provide us with most of the data we collect. We collect data and process data when you:
· Register online or place an order for any of our products or services.
· Voluntarily complete a customer survey, fill in forms in the App, enter a contest or promotion sponsored or provided by us or provide feedback on any of our message boards or via email.
· View pages, content, drills and other sessions on the App or Website
· Contact us for support in using the Services, with questions about our Services, or otherwise voluntarily contact us
For a list of other ways we collect personal information, please see the “Information We Collect and How We Collect It” section of our Privacy Policy, which includes information on automatic information collection and tracking with regard to your information https://www.switchedontrainingapp.com/privacy-policy.
Cookies
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
The Services do not use these “cookies” explicitly. However, the App and Website may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of the Services.
Processing and Sharing Your Information
We collect your data so that we can:
· Provide you with the App, the Website and their contents, and any other information, products or services that you request from us
· Send email newsletters and push notifications with educational information, training tips and advice related to the content of the App
· Give you notices about your account, premium features or other App or Website information
· Process your orders and manage your account
· Email you with special offers on other products and services we think you might like
· Carry out our legal obligations, including enforcement of contracts
· Notify you when App updates are available, and of changes to any products or services we offer or provide though it
· Fulfill any other purpose for which you provide it, including any other uses listed in our Privacy Policy
Third-Party Information Collection
The App does use third party services that may collect information used to identify you.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Links to privacy policy of third-party service providers used by the App:
· Mixpanel
· Vimeo
· Implus Footcare, LLC d/b/a SKLZ
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction, and we may receive fees from third parties to provide aggregated or non-identifying information. Please see the “Sale of Personal Information” section below for more information.
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 comply with applicable law.
· 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 Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our App users is among the assets transferred.
· To third parties to market their products or services to you. We contractually require these third parties to comply with applicable law regarding personal information.
· To fulfill the purpose for which you provide it.
· 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.
· To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, and for billing and collection.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others.
Sale of Personal Information
We currently do not sell users’ personal information. We may be paid fees to provide non-identifying or aggregated data to third party vendors. This data may relate to general use of our App and content or features within it but does not disclose identifying information of any individual users.
Legal Grounds for Processing
We rely on the following legal grounds to collect and use your personal information:
· Legitimate interests: the collection and use of some aspects of your personal information is necessary to enable us to pursue our legitimate commercial interests – that is to operate our business particularly where we offer other products and services that may be of interest to you. Where we rely on this legal basis to collect and use your personal information, we shall take appropriate steps to ensure the processing does not infringe your rights and freedoms under data privacy laws
· Consent: we rely on your consent to collect and use certain personal information. Where we rely on your consent to collect and use your information, you are not obliged to provide your consent and you may choose to subsequently withdraw your consent at any stage once provided. However, where you refuse to provide information that we reasonably require to provide the services, we may be unable to offer you the services and/or we may terminate the services provided with immediate effect. Where you choose to receive the services from us, you agree to the collection and use of your personal information in the way we describe in this section of the Notice.
· Performance of contract: where we enter into a contract with you to provide the services, we will collect and use your personal information where necessary to enable us to take steps to offer you the services, process your acceptance of the offer and fulfil our obligations in the contract with you.
· Legal and regulatory obligations: the collection and use of some aspects of your personal information is necessary to enable us to meet our legal and regulatory obligations.
Accuracy of Your Information
We rely on accurate personal information in order to provide services to you and operate our business. You should notify us of any changes to your personal information that may affect the services provided to you.
Storing Your Data
We retain your personal information to operate our business and comply with our legal and regulatory obligations. We will keep your information for no longer than is required under the applicable laws. Once this time period has expired, we will ensure your personal information is securely destroyed in a timely and consistent manner when no longer required.
Direct Marketing
We will use your personal information to send you direct marketing about other products and services that we feel may be of interest to you. We will give you the opportunity to refuse direct marketing at the point that you apply or register to receive the services on each occasion thereafter that you receive direct marketing communications from us. You have the right at any time to stop us from contacting you for marketing purposes. You can change your marketing preferences at any stage by contacting us.
Your Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You can review certain account information by logging into the App and visiting your account profile page. We may provide you the ability to remove certain account information, but your removal may prevent us from providing you use of all or some of the Services.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we to complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions. If you delete your User Contributions (as defined in our Terms of Use [LINK TO Terms of Use] from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our Terms of Use.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions, such as where you feel there are no longer sufficient legitimate grounds for us to continue processing the information.
The right to data portability – You have the right to request that we electronically transfer the data that we have collected to another organization, or directly to you, under certain conditions.
You also have the right to be informed and object to the use of your personal information for direct marketing purposes. See “Direct Marketing” section above for more information. You additionally have the right to complain to a supervisory authority per the information below.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: contact@switchedontrainingapp.com. If we are unable to fulfil a request from you to exercise one of your rights under applicable data privacy laws, we will write to you to explain the reason for refusal. Where required, you can obtain further information concerning these rights and their application by contacting us.
Cross-border Data Transfers
Because we operate on a global basis, we reserve the right to transfer personal information about you to other countries to be processed for the purposes outlined in the Notice. In particular, we may make such transfers to offer, administer, and manage the services provided to you and improve the efficiency of our business operations. We shall seek to ensure that such transfers comply with all applicable data privacy laws and regulations.
Where we collect personal information about you in the United Kingdom (the “UK”) or the European Economic Area (the “EEA”) we may transfer the information to countries outside the UK or EEA for the processing purposes outlined in this Statement. This may include transfers to countries that the European Commission (the “EC”) and UK data protection regulator consider to provide adequate data privacy safeguards and to some countries that are not subject to an adequacy decision. Where we transfer personal information to countries that are not subject to an adequacy decision, we shall put in place appropriate safeguards, such as data transfer agreements approved by the EC or UK data protection regulator, as appropriate. Where required, further information concerning these safeguards can be obtained by contacting us.
Security Measures
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Privacy Policies of Other Websites
The Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the privacy policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Changes to our Privacy Notice
We may update our GDPR Notice from time to time. If we make material changes to how we treat our users’ personal information, we will post the new Notice on this page with the date of the most recent update to the policy, and we will notify you by email to the email address specified in your account.
The date this Notice was last revised is identified below. 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.
This Notice was last updated on March 1, 2021.
How to Contact Us
If you have any questions about our Notice, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at: contact@switchedontrainingapp.com.
How to Contact the Appropriate Authority
Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may contact your national or regional data protection authority. The EU Commission has a list here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.