RackCoach Privacy Notice
Last Updated: July 29, 2021
Rack Performance, Inc (“RackCoach,” “we,”
“us,” “our”) respects the privacy of our
users. We adopted this Privacy Notice to describe how we collect, store,
use, and disclose the information that we collect through https://www.rackcoach.com (the “Site”) or the RackCoach mobile app (the “ App”) (collectively, the “Service”). This
Privacy Notice does not apply to websites, products, or services provided
by companies that we do not own or control or to individuals that we do not
employ or manage.
1. What is Personal Information?
“Personal Information” is information that identifies or relates to a particular individual. Examples of Personal Information include, among others, name, email address, phone number, mailing address, and online identifiers. When we combine Personal Information with other information (e.g., information about a training program), we treat the combined information as Personal Information.
2. What Information Do We Collect?
a. Information You Give to Us.
1. We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey, fill out a form, communicate with us or a coach (i.e., texts, images, audio, and video), or use the Service. When ordering or registering on our Service, you may be asked to enter your: name, e-mail address, mailing address, phone number, and other contact information. We also may collect payment information from you through a secure payment processor.b. Information We Collect Automatically.
This Section describes how we automatically collect information through the Service.
● Integrated Services
If you integrate your RackCoach account with a third-party service, we may collect Personal Information about you through that connected service. For example, you may set up your RackCoach account to connect to your wearable device. In that case, information is first uploaded from your wearable to a third-party service, and then we obtain the information from that service with your permission.
Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Site may not be available or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.
● Log File Information
When you use our Service, our servers automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Service), domain names associated with your internet service provider, information on your interaction with the Service, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients.
We use Log File Information collected from our implementation of the Service to help secure the Service by identifying potential threats and vulnerabilities and in analyzing the effectiveness of our Service to improve the Service’s function and content.
To assist us with analyzing our website traffic through cookies and similar technologies, we use analytics services, including Google Analytics. For more information on Google Analytics’s processing of your information, please see “How Google uses data when you use our partners' sites or apps.”
● Third-Party Cookies (Limited to the Site Only); Do Not Track
We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.
3. For What Purposes Do We Use Personal Information?
In addition to other purposes provided when we collect Personal Information, any Personal Information we collect from you may be used in one of the following ways:
● To deliver the services and process transactions. In order to use the Services or process transactions, you must provide us with certain Personal Information (e.g., information needed to establish account).
● To personalize your experience. Personal Information helps us to better respond to your individual needs.
● To improve our website and products. We continually strive to improve our website and product offerings based on the information and feedback we receive from you.
● To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
● To send periodic emails. We may send you information and updates pertaining to your order and occasional news, updates, related product or service information, etc.
● To create de-identified or anonymous data. We reserve the right to de-identify or anonymize personal information. We may use and share such information for any lawful purpose without any obligation or accounting to you.
● For legal purposes. We may use Personal Information as necessary to protect our rights and property and to meet our legal obligations.
4. How Do We Disclose Personal Information?
We will not disclose Personal Information except as set forth in this Privacy Notice or with your consent. This section describes to whom we disclose Personal Information and for what purposes:
● Integrated Services. If you choose to connect your RackCoach account with a third party service, we will provide that third party with access to information at your request. You may stop that third party’s access by ceasing to connect your account with the third party service.
● Our Service Providers. We engage service providers to perform tasks on our behalf and to assist us in operating the Service or operating our business. For example, we engage third parties to provide analytics services and cloud-computing infrastructure. We take commercially reasonable steps to help ensure our service providers provide at least the same level of protection for Personal Information as we do.
● Companies Involved in Mergers and Acquisitions Transactions . If we sell or otherwise transfer part or the whole of our business or assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Site, including Personal Information, may be among the items sold or transferred.
● Law Enforcement, Government Agencies, and Courts. We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of any other person. We may also disclose Personal Information to investigate or prevent a violation by you of any contractual or other relationship with us or your illegal or harmful activity.
5. How Do We Protect Personal Information?
We protect the confidentiality and security of information we obtain in the course of business. We use commercially reasonable safeguards, such as industry-standard encryption technology, to help keep the information collected through the Service secure.
Despite these efforts to store Personal Information in a secure operating environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.
6. Accessing, Updating, or Deleting Personal Information
You can correct, update, or remove Personal Information about you if it changes or if you no longer want to receive information from us beyond information related to our services. This can be done by emailing a request to email@example.com. You may also request access to Personal Information that we collect by sending a request to firstname.lastname@example.org. We may not be able to completely remove Personal Information from our systems in certain circumstances. For example, we may retain Personal Information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, if required by law, or as retained in our data backup systems or cached or archived pages. All Personal Information about you that we keep will continue to be subject to the terms of this Privacy Notice to which you have previously agreed.
If you are a resident of California, please see Section 10, below, regarding your rights under California law.
7. Opting Out of Receiving Electronic Communications
We may send notifications, promotions, or other information via email or text message (“Communications”). You may choose to stop receiving Communications by following the instructions provided in such Communications. Please note that certain Service-related Communications are necessary for the proper functioning and use of the Service and you may not have the ability to opt out of those Communications.
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy notices. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Our Service is not designed specifically for use by children under the age of 13 (each a “Child” or “Children”), and we typically do not collect any Personal Information from Children through the Service. In particular, we do not knowingly collect any Personal Information from children on the Site, but we may collect Personal Information from Children through the App as described in this Section.
Any Child that wishes to create an account on our App must either (i) be invited by a coach, teacher, school, school district, parent or other authorized adult who has entered into an agreement with us and paid fees; or (ii) have verifiable parental consent to create an account.
Where permitted by law and this Privacy Notice to collect information from a Child, such information may include name, age, high school graduating year, fitness metrics (i.e. strength, cardiovascular fitness, agility, etc.), and other information described in this Privacy Notice (“ Child Information”). We use and disclose Child Information only as specified in this Privacy Notice.
We will not condition a Child’s participation in an activity on the Child’s disclosure of more Personal Information than is necessary to participate in the activity. This means if we don’t need a specific piece of information (like the Child’s email address) to allow the child to participate in the activity, we will not ask for it. Unless we have parental consent or are otherwise permitted to process such Child Information in accordance with applicable law, we will promptly delete any Personal Information that a Child uploads or posts to our services when we become aware of it.
A parent or legal guardian may request access to or have deleted the Child Information by emailing email@example.com or using the additional contact information provided in Section 13, below. A parent or legal guardian may also direct us to no longer disclose Child Information to third parties; provided, that, we may not be able to stop disclosure to our trusted third parties who help us provide the services. You may contact us with questions about third parties who collect Personal Information on the Service (see Section 4, above). A list of current third party services that RackCoach utilizes that collects personal information on the service can be found HERE.
Parents: For more information, please review our Privacy Notice to Parents.
10. California Resident’s Privacy Rights
This section applies to our collection and use of Personal Information if you are a resident of California.
A. Types of Personal Information Subject to California Privacy Law
In accordance with California law, we collected the following categories of Personal Information within the preceding 12 months:
● Identifiers such as your name, alias, email address, mailing address, IP address, and online identifiers;
● Certain categories of Personal Information described in subdivision (e) of California Civil Code Section 1798.80;
● Internet or other electronic network activity information, including information on your usage of the Service;
● Education information;
● Professional and employment-related information; and
● Information used to create a profile about a consumer reflecting the consumer’s preferences or behavior.
We share each of these categories of Personal Information with our service providers to the extent necessary to provide their services and as otherwise described above. We do not sell Personal Information.
B. Your California Privacy Rights
If you are a resident of the California, you have the following rights:
● Right to Know. You have the right to request information on the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such personal information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your personal information.
● Right to Delete. You have a right to request us to delete Personal Information that we collected from you.
If you would like to exercise your rights listed above, please contact (or have your authorized agent contact) us using the contact details provided in Section 13, below. When doing so, please tell us which right you are exercising and provide us with contact information to direct our response.
11. Users from Outside the United States
If you are using the Service from outside the United States, please be aware that Personal Information may be transferred to, stored, and processed in the United States. Although we take steps to provide adequate safeguards, the data protection laws of the United States might not be as comprehensive as those in your country. By using the Service, you consent to your information being transferred to the United States for the purposes described in this Privacy Notice.
12. Changes to Our Privacy Notice
We reserve the right to change, modify, add, or remove portions of this Privacy Notice. We will post notice of modifications to this Privacy Notice on this page and we will attempt to notify you through your RackCoach account and the email address that you provided of any changes to this Privacy Notice. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified Privacy Notice you should immediately discontinue your use of our products and services.
If there are any questions regarding this Privacy Notice you may contact us using the information below.
PO Box 11408
Overland Park, Kansas 66207