PRIVACY POLICY

Last updated as of August 31st, 2017.

The Run SMART Project, LLC and its affiliates, successors and assigns (“TRSP,” “we,” “our” or “us”) respects your privacy and is committed to adhering to protecting the identity of visitors to the TRSP website (available at www.runsmartproject.com/privacy, the “Website”), the Applications and/or any other aspect of our Services. The Terms are applicable to anyone who accesses the Services, whether or not they are registered USERs. The terms “you”, “your”, “User” and “Users” refer to any visitor to or users of the Services.

This Privacy Policy describes the information that we collect about and/or from you and your interaction with the Services each time you visit. This Privacy Policy further explains, in general, what Personal Information and other information is collected through our Services, how the information is used, with whom we may share such information, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information you provide to us through the Services.

This Privacy Policy is incorporated into and is part of the Terms of Service, available at www.runsmartproject.com/terms (the “Terms”). Capitalized terms not defined herein shall have the same meaning as set forth in the Terms. Please be sure to read this Privacy Policy and the Terms before using our Services. Our Privacy Policy may change from time to time, and if it does, we will notify you here, as well as by e-mailing you a notice and link to the updated policies.

You should review this Privacy Policy each time you newly engage with our Services, including our Premium Services and our Apps. You will be deemed to have accepted these Terms, as updated, if you continue to use the Services after you receive notice of such updated Terms. We reserve the right to discontinue the Services or any part thereof at any time.

BY ACCESSING OR USING THE SERVICES IN ANY WAY, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND OUR TERMS OF SERVICE AND THAT YOU GIVE US YOUR CONSENT TO COLLECT, PROCESS, USE, STORE, AND DISCLOSE PERSONAL INFORMATION THAT YOU SUBMIT OR CONVEY THROUGH YOUR USE OF THE SERVICES, IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

1. ABOUT THIS PRIVACY POLICY

The Services are solely available in the United States. This Privacy Policy is only applicable to the Services and not to any other websites or applications that you may be able to access from the Services or any website or application of TRSP’s Vendors (defined below), partners or other service providers if any, each of which may have data collection, storage, and use practices and policies that may differ materially from this Privacy Policy. Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world.

BY VISITING THE WEBSITE, DOWNLOADING ANY TRSP APPLICATION, AND USING THE SERVICES, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

2. INFORMATION WE COLLECT ABOUT YOU

We collect certain personal information (“Personal Information”) so we can improve our Services and enhance your experience. Any of the below activities with regard to the collection of usage information may be performed on our behalf by our Vendors (defined below) and other service providers.

While you may access some of the Services without registration, many of the Services require registration. Upon registration to the Services, downloading an App, communication with us or with fellow Users, or if you otherwise use our Services, you may be required or otherwise have the option to submit certain information, some of which may personally identify you. Such information may include any questions, comments or problems you report to us, your first and last name, your geo-location (if you assent), Third-Party Account (defined below) profile and login information, Third-Party Account contact lists and information about and photos of your Third-Party Account contacts who might be common Third-Party Account contacts with other TRSP Users, profile images, tags, age, height, weight, videos, training plans, information related to participation in races and other events, race and training pace and progress, performance data, information about your activities, phone number, home address, date of birth, e-mail address, credit card information, biographical information, username and password. You are solely responsible for ensuring the accuracy of the Personal Information you submit.

Information Automatically Collected. We may automatically collect information about Users, such as, the type of device you used and its operating system; the pages accessed most frequently and how pages are used; materials downloaded; search terms entered; the last login time; the last time you updated your account; or the time you communicated with other Users or otherwise published something through the Services. In the event that you login to your TRSP account through our Facebook login system or otherwise access social media platforms via our Services, (collectively, “Third-Party Accounts”), you authorize us to access the information you made publicly available on such Third-Party Accounts, including without limitation, the following: your Facebook profile (consistent with your Facebook privacy settings), your email address, interests, likes, gender, birthday, education, relationship interest, current city, photos, personal description and any other information made available to us via Facebook (collectively, “Facebook Content”). Subject to the privacy settings that you have set in your Facebook account, personally identifiable information that you post to Facebook will be available on and through your TRSP account on the Services.

We and/or our Vendors (defined below) automatically receive and collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you have granted, such as IP addresses, unique device identifiers, the URLs of websites you arrive at the Services from or leave the Services to go to, your type of browser and language, access times, the content of any undeleted cookies that your browser previously accepted from us, your operating system, your mobile provider, your mobile device, and your ISP. We may use such information to better understand how Users use our Services, to analyze trends, administer the Services, prevent fraud, and gather broad demographic information, such as country of origin.

Online Tracking. We may utilize cookies and other technologies, such as, web beacons (also known as “clear gifs” and “pixel tags”) to recognize you, customize your experience, provide advertisements and keep track of whether you are logged in. While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a "Do Not Track" signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for TRSP’s Services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements. Cookies are small files placed on your computer, and they allow us to count the number of visitors to the Services and distinguish repeat visitors from new visitors. They also allow us to save User preferences and track User trends. For example, cookies allow us to save your log-in information so you do not have to re-enter it every time you access the Services. We do not link cookies or web beacons to any Personal Information. Advertisers and ad servers may use cookies and/or web beacons to monitor information related to advertisements. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by TRSP and does not cover the use of cookies by any advertisers. Most web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the "help" tab on your browser or read the information that came with your browser software. However, your engagement with our Services will be enhanced if cookies are not disabled.

We currently use Google Analytics to help us understand how you find and interact with our Services. We never share any information we obtain from Google Analytics with any third parties for advertising or any other purpose unless compelled to do so by valid legal process. You may be able to opt-out of Google’s collection. Please visit Google’s Ads Preferences Manager or the Google Analytics opt-out browser add-on for more information.

You are responsible for ensuring the accuracy of the Personal Information you submit to TRSP. You can see, review and change your Personal Information by logging into your account on the Website. Inaccurate information will affect your use of our Services and our ability to contact you as described in this Privacy Policy.

3. TRSP’S USE OF YOUR INFORMATION

We use your information to help us provide and support our Services, including to:

(a) Provide, improve and develop Services.

We are able to deliver our Services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our Services and the people or things you are connected to and interested in through our Services.

We conduct surveys and research, test features in development, and analyze the information we have to evaluate, customize and improve products and Services, develop new products or features, and conduct audits and troubleshooting activities.

(b) Communicate with you.

We may use your information to make recommendations, send you marketing communications and push notifications, communicate with you about our Services, updates, promotional offers, and let you know about our policies and Terms. Coaches and other Users may communcate with you including to provide you with training schedules and to consulting with you on your workouts and training. These communications may be made via the Services, email, or social media (if you have made such social media information publicly available or through your TRSP account registration). We also send communications to followers of our Instagram, Facebook and/or Twitter accounts via such third party channels. We also use your information to respond to you when you contact us, to provide customer support, and prevent potentially prohibited or illegal activities. You may opt out of certain communications in accordance with the procedures set forth in Section 5 below.

(c) Show and measure our Services.

We use the information we have to improve our measurement systems so we can measure the effectiveness and reach of our Services.

(d) Promote safety and security.

We use the information we have to help verify accounts and activity, and to promote safety and security on our Services, such as by investigating suspicious activity or violations of our Terms or policies. We work hard to protect your account using teams of engineers, automated systems, and advanced technology such as encryption and machine learning.

The information we collect is stored on a secure, password-protected server and only authorized personnel have access to your information. TRSP uses third-party Vendors (defined below) and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Services and TRSP owns the code, databases and all rights therein.

We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. TRSP cannot guarantee that your end User Content or User data stored on our servers may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. When you enter sensitive information (such as a credit card number) we encrypt such information using secure socket layer technology (SSL). The TRSP Services, Websites, Apps and related software is hosted on servers in the United States. By using the Services, you consent to the transfer and storage of your information (including your Personal Information) in the United States and its use in accordance with the purposes for which it was originally collected.

Your password is the key to your account. We urge to you to use unique numbers, letters and special characters, and to keep your password secure. You agree to immediately notify TRSP of any unauthorized use of your password or account or any other breach of security and we recommend that you exit from your account at the end of each session, especially where you are accessing the Services on a public computer. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify TRSP if/when you desire to cancel your account. We are not responsible or liable for any loss or damage arising from your failure to comply with this or any other provision.

TRSP will never request your password via email. If you receive an email or other correspondence requesting that you provide any sensitive information (including your password or credit card information) via email or to a website that does not seem to be affiliated with our Services, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to do so as promptly as possible under the circumstances. You consent to our use of email as a means of such notification.

4. DISCLOSURE OF YOUR INFORMATION

Public Information.

When you create an account, we help you create a basic personal profile page for you. Users that participate in our coaching Services will share with their coaches their training calendar and other information a User inputs into the Websites or Apps as necessary for such coaches to perform the Services for which you subscribe or otherwise assent.

Information We Share.

We share certain categories of information we collect from you in the ways described in this Privacy Policy.

TRSP may share certain information to our third-party Vendors when it is necessary to provide you with our Services, or when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect our legal rights. These third-party Vendors include, without limitation, business associates, analytics, asset storage, search, chat, image upload and e-mail processing and management vendors and other partners, employees, consultants, service providers, customer-support personnel, credit card processing companies (if you purchase anything through the Services), and vendors that assist us in collecting and/or processing information or delivering items that you order (collectively “Vendors”). Vendors are governed by obligations to protect the confidentiality and security of such information to at least the same degree as we do. These Vendors are restricted from using the information for any purpose other than helping us to provide products these Services. You understand that these Vendors may store certain information on servers located outside the United States.

We may also disclose aggregate statistics regarding User behavior as a measure of interest in, and use of, our Services in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual User.

We may transfer information about you to another company in connection with a reorganization, merger, sale, acquisition or liquidation involving all or part of TRSP.

We reserve the right to retain and disclose your information and any other data produced by TRSP therefrom, from both open and closed accounts, to the extent necessary to, comply with applicable law, prevent fraud, assist with any investigations, judicial proceeding, court order or legal process, enforce our Terms, and take actions we deem necessary to protect the rights, property, safety or integrity of TRSP or our Users.

TRSP SHALL HAVE NO LIABILITY FOR DISCLOSURE OF INFORMATION OBTAINED DUE TO ERRORS IN TRANSMISSION OR THE UNAUTHORIZED INTERVENTION OF THIRD PARTIES. FURTHER, IF YOU POST ANY OF YOUR PERSONAL INFORMATION IN PUBLIC AREAS OF THE WEBSITE, SUCH INFORMATION MAY BE COLLECTED AND USED BY OTHERS OVER WHOM WE HAVE NO CONTROL. WE ARE NOT RESPONSIBLE FOR THE USE MADE BY THIRD PARTIES OF INFORMATION YOU POST OR OTHERWISE MAKE AVAILABLE IN PUBLIC AREAS OF THE WEBSITE.

5. DEACTIVATING ACCOUNT/OPT-OUT

Deactivating Your Account. Upon your request, or in the event we terminate your account in accordance with our Terms, we will deactivate your registered account within ten (10) days of TRSP’s receipt of such request.

Opt In/Out. You have the right to "opt in" and "opt out" of certain of our uses of your Personal Information and may change your preferences regarding such uses at any time. For example, we may use your email for transactional and promotional purposes. Emails we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked.

If you no longer wish to receive emails, you may opt-out of receiving them through your account settings, by following the instructions included in each email, or by emailing us at help@runsmarptoject.com. However, we reserve the right to send you certain service announcements and administrative messages, without offering you an opportunity to opt out. In the case of an important message from us regarding your User Content, modifications to the Services, our Terms or this Privacy Policy, we reserve the right to contact you by email.

6. CHILDREN

You must be 13 years of age or older and are either able to form legally binding contracts with us to use the Services or if you are between 13 and 18 years of age, your parent or legal guardian has expressly consented to your use of the Services. By using our Services, you represent and warrant that you meet these qualifications. TRSP does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Services. The Services are not directed at children under the age of 13. In the event that we learn that we have collected Personal Information from a child under age 13 without parental consent, we will delete that information as quickly as possible.

7. COMMUNICATION TOOLS

We may provide tools that enable you to share information, including Personal Information, with fellow Users and others, through our internal communication tools, social media and in other ways. Should you choose to use such tools, please exercise caution when sharing such information. Please note, however, that certain information and communications you post to and process through the Services may be available publicly. To request the removal of this information from our database, you may opt out by following the instructions included in the email, or contact TRSP at help@runsmartproject.com

8. CALIFORNIA RESIDENTS

California Civil Code Section 1798.83 permits residents of the State of California to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. The notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it has been shared, along with their names and addresses. To make such a request, please email us at help@runsmartproject.com or write us at: The Run SMART Project, LLC., 310 W. 99th St. #405 New York, NY 10025.

9. CHANGES TO THIS PRIVACY POLICY

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy so please review it frequently. If we do, then we will notify you here, as well as by e-mailing you a notice and link to the updated polices. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Copyright © 2016 The Run SMART Project, LLC. All rights reserved.