Privacy Policy

Last modified: December 1, 2022

Introduction

SwitchedOn Training, Inc. (“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, make in-app purchases on, or otherwise use the SwitchedOn Training App (the “App”).

·       Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App, the corresponding website located at www.switchedontrainingapp.com (the “Website”), and any other sources of information we may collect as it relates to your use of the App or Website. Please also review our TERMS OF USE - https://www.switchedontrainingapp.com/terms-of-use before using the App or the Website.

This policy does not apply to information that you provide to or is collected by any third party. 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 App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this 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 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 personal information from or about a child under 13, please contact us at contact@switchedontrainingapp.com.

Information We Collect and How We Collect It

We collect information from and about users of our App:

·       Directly from you when you provide it to us.

·       Automatically when you use the App.

·       Indirectly through our third-party partners.

Information You Provide to Us 

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

·       By which you may be personally identified, such as name, postal address, email address, telephone number, age, gender, height, weight, professional/employment history, or educational history (“personal information”).

·       That is about you but individually does not identify you, such as Internet Protocol (IP) address, device information, or geolocation data; or information regarding your use of the App, such as user type (e.g., coach, youth athlete, college athlete), sports played, areas of performance you are using the App to improve upon, time spent on App per month, content and sessions accessed on the App, and related data regarding your use of the App.

This information includes:

·       Information that you provide by filling in forms in the App. This includes personal information provided at the time of registering to use the App, subscribing to our service, and requesting further services. We may also ask you for information if you enter a contest or promotion or added features sponsored or provided by us, and when you report a problem with the App. We may provide opt-out options with regards to requests for personal information; however, please note that your opt-out from provision of certain personal information may prevent us from providing you some or all of our services.

·       Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

·       Your responses to surveys or other queries for information that we might ask you to complete for research purposes.

·       Your pages viewed, content viewed, sessions and drills performed, and search queries on the App.

·       Any other information that you may voluntarily provide while using or accessing the App or Website.

You may also provide information for publication or display (“posted”) on public areas of the App, the Website or websites you access through the App or Website (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection and Tracking  

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

·       Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, time and date of use, and other communication data, statistics, and resources that you access and use on or through the App.

·       Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, device configuration, mobile network information, and the device’s telephone number.

·       Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

·       Location Information. This App collects real-time information about the location of your device, including the country and state in which you download and use the App.

·       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 App does not use these cookies explicitly. However, the App may use third party code and libraries that use cookies to collect information and improve their services. Via your Web browser, you may 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 cookies, you may not be able to use some portions of the App.

If you do not want us to collect this information, do not download or use the App and delete it from your device. We may provide opt-out procedures for some of the functions listed above; please note, however, that opting out of the App’s collection of certain information may disable features. For example, opting out of location information will disable the App’s location-based features.

Third-Party Information Collection

When you use the 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:

·       Advertisers, ad networks, and ad servers.

·       Data and analytics companies, such as Mixpanel, Mode Analytics, and Segment.io, Firebase and Google Play.

·       Your mobile device manufacturer.

·       Your mobile service provider.

·       Vendors such as Appcenter, Appsflyer, Vimeo, Google Firebase, and Amazon Web Services.

·       Our third-party partner Implus Footcare, LLC d/b/a SKLZ (“SKLZ”). SKLZ may provide us details about purchases you make with them. We currently do not collect financial or payment information on the App.

These third parties may use tracking technologies to collect information about you when you use this 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, 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 App and its 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.

·       Fulfill any other purpose for which you provide it.

·       Give you notices about your account, premium features or other App or Website information

·       Carry out our legal obligations

·       Enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

·       Notify you when 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 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 App according to your individual interests.

·       Speed up your searches.

·       Recognize you when you use the App.

We use location information (country and state of download and use) we collect to understand how, where and when our users use the App, which allows us to develop better products and services.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you.

We may use the information we collect to display advertisements to our advertisers’ target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

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, including SKLZ. 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.

Third Party Collection, Use, and Disclosure of Your Information

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.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Accessing and Correcting Your Personal Information

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.

If you delete your User Contributions 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 https://www.switchedontrainingapp.com/terms-of-use.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Data Access and Deletion

Subject to certain limits and conditions provided under law, we honor the exercise of the right of access or deletion for all of our users, regardless of their location. Any App user may exercise this right by contacting us at contact@switchedontrainingapp.com.

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. Company is not currently subject to the provisions of the California Consumer Privacy Act (the “CCPA”). The Company Privacy Policy applies with equal force to residents of California. However, we voluntarily have created many of the policies set forth in this Privacy Policy with the goals of the CCPA in mind.

We do not currently sell the personal information of our users, including users whom we actually know are less than 16 years of age.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App or Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to content@switchedontrainingapp.com.

California’s Online Privacy Protection Act (Cal. Bus. & Prof. C. §§22575-22579) (“CalOPPA”), requires website operators to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information of a consumer over time and across third party websites and apps, to the extent the operator engages in that collection. At this time, we do not respond to Do Not Track (DNT) signals. This law also requires website and app operators to disclose whether third parties may collect personally identifiable information about their users’ online activities over time and across different websites and apps when the users use the operator’s website or app. The nature of how third parties may collect or receive personally identifiable information is disclosed in this Privacy Policy. To learn more about how Do Not Track signals work, please visit http://allaboutdnt.com/.

 

Your Nevada Privacy Rights

Nevada’s Online Privacy Law, NRS 603A, as amended by Nevada SB 220 (“SB 220”) provides certain rights to Nevada residents when some Internet businesses sell certain personal information (“Covered Information”). We do not sell Covered Information under the definitions of “sale” and “Covered Information” for purposes of SB 220, and so we are not subject to the provisions and mechanisms of this law. The Company Privacy Policy applies with equal force to residents of Nevada.

 

European Union Users - GDPR

If you are a citizen of a European Union country, please see our General Data Protection Regulation (“GDPR”) Privacy Notice available at https://www.switchedontrainingapp.com/gdpr. This Privacy Policy applies to all users; however, where the GDPR Privacy Notice conflicts with this Privacy Policy, the GDPR Privacy Notice shall control only in relation to European Union citizens. For all other users, this Privacy Policy shall control.

 

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 secure servers behind firewalls, and personal information 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 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 information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.

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 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 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 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:

contact@switchedontrainingapp.comPrivacy Policy

Last modified: December 1, 2022