Last updated May 7th, 2024 at 3:52 pm
The types of information that we collect mainly fall under two general categories: Personal Data and Usage Data, and in some cases, we collect non-Personal Data. Personal Data consists of any information which can be used to specifically identify you directly as a natural “living” individual, under the General Data Protection Regulation (GDPR) law this is not exclusive of indirectly identifying you using Usage Data described as online identifiers provided by a natural persons devices, applications, tools and protocols, such as internet protocol (IP) addresses, cookie identifiers or other online identifiers, either generated by the use of the service or from the service infrastructure itself (for example, the duration of a page visit). Whereas non-Personal Data consists of aggregate or anonymous information, namely information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable directly or indirectly such as a company’s name or a shared business email (for example info@company.com). The following sections describe how your Personal Data and Usage Data are collected by us, and how we use such information.
Log Files
Any time you visit any of our websites, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyse trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user’s session. This gives us an idea of which parts of our site users are visiting. We do not share the log files externally.
Cookies
We use “cookies” to keep track of some types of information while you are visiting our website or using our services. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to our website and distinguish repeat visitors from new visitors. They also allow us to save user preferences and track user trends. We rely on cookies for the proper operation of our website; therefore, if your browser is set to reject all cookies, the website will not function properly. Users who refuse cookies assume all responsibility for any resulting loss of functionality. We do not link the cookies to any information that would directly reveal your personal identity. Examples of Cookies we use:
Web Beacons
“Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our website for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behaviour of our customers. We do not link the web beacons to any information that would directly reveal your personal identity.
Information About You
When you register or subscribe to any of our services including our website mtnwavefitness.com, affiliated fitness training app “The Mtnwave Fitness App” and our “Online Coaching Hub” thehub.mtnwavefitness.com (our sub domain), we collect a wide variety of information about you. Any information provided by yourself or in any forms, questionnaires, food diaries, or record sheets will be strictly confidential and only shared with you the client concerned. For content on your public profile within our private members areas on our fitness app and/or coaching hub (sub domain), we may display your information to other community members and visitors. You may choose to provide us with your photo(s) or video(s) and by providing us such content, you agree that we may make them available to users of mtnwavefitness.com and thehub.mtnwavefitness.com (our sub domain) services. Except as otherwise stated in this privacy statement, we do not disclose your Personal Data to other users of our services.
Purchase Information
We use Stripe and/or PayPal as our online payment gateways, to process purchases we may require your name, address, phone number, email address and credit card information. Such information is used primarily to process your order or as otherwise described herein.
E-mails and Telephone Calls
We require an e-mail address from you when you register for any of our online services including on our website mtnwavefitness.com, affiliated fitness training app “The Mtnwave Fitness App” and on our “Online Coaching Hub” thehub.mtnwavefitness.com (our sub domain). We use your e-mail for both transactional and promotional (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. We reserve the right to send you certain communications relating to our website mtnwavefitness.com, affiliated fitness training app “The Mtnwave Fitness App” and our “Online Coaching Hub” thehub.mtnwavefitness.com (sub domain) services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with mtnwavefitness.com’s services. If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account profile page(s) or ask to be removed from our contact list if you receive a call or text message from us. We fully comply with the requirements of the U.S. CAN-SPAM Act.
Demographic Data
Demographic data is also collected at our site. We use this data to tailor our visitors’ experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. Some of this information may be shared with advertisers on a non-Personal Data basis.
Online Survey Data
We may periodically conduct voluntary member surveys. We encourage our members to participate in such surveys because they provide us with important information regarding the improvement of our services. You may also volunteer for certain surveys that we may offer to our users, and any additional rules regarding the conduct of such surveys will be disclosed to you prior to your participation. We do not link the survey responses to any Personal Data, and all responses are anonymous.
Use for Research
In addition to the uses outlined above, by using our site, affiliated app and sub domain, you agree to allow us to anonymously use the information from you and your experiences to continue our research into successful exercise programming. However, all of your responses will be kept anonymous, and no Personal Data will be published.
Legal Basis for Processing Personal Data under GDPR
If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. We may process your Personal Data because:
Retention of Your Information (Data)
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Your Information (Data)
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside European Union/United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data to the European Union/United Kingdom and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
Security of your Information (Data)
The security of your data is important to us, however, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data, we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we hold about you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we hold about you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
Please note that we are obligated to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Disclosure By Law
You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law or a legal obligation, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend mtnwavefitness.com’s, or a third party’s, rights or property; or (3) to prevent or investigate possible wrong doing in connection with the service (4) to protect against any legal liability (5) protect the health and safety or users, employees or the public.
Disclosure to Trusted Third Parties By Us
We may share your Usage Data with third parties, but not in a manner that would reveal your identity. We may share your Personal Data, sometimes in conjunction with your Usage Data, with service providers that may be associated with us to perform functions on our behalf. For example, outsourced customer care agents or technology assistants such as our fitness training app’s hosting and development company who may need access to your information to perform technical services for you related to your membership account. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.
Disclosure to Trusted Third Parties at Your Request
While visiting our site, we may provide you with advertisements, promotions, and offers from third party providers, for example accommodation, travel requirements or activities that you can utilise during a coaching trip, retreat, clinic or tour you have booked with us. If you choose to accept any such offers, you may either (depending on the situation) directly provide your information in connection with the offer to such third-party provider, or we can provide your information on your behalf. Your information will not be transferred until you provide us with written consent usually in the form of booking disclaimer form. You may opt-out of the offer at any time up until this point. Please refer to the third-party provider’s own privacy policy (provided on the offer pages) if you have any questions regarding how your information is used by such providers. If you are unsure where to find this information, please contact us.
Information Transferred as a Result of Sale of Business
As we develop our business, we may buy or sell assets and, depending on the transaction, your Personal Data may be one of the transferred assets. In the event that we are acquired by another company, your Personal Data may be part of the assets transferred to the acquiring party. If this occurs, you will be notified in advance and you can opt out of the transfer of your data, you will also be notified of any potential material material changes to the way your Personal Data is collected or used.
Information Transferred as a Result of Software Investments, Changes or Upgrades
As we develop our business, we may upgrade any of our software including and not exclusive to apps and software that we use to run our business and provide our services to you, depending on the changes, your Personal Data may be one of the transferred assets. In the event that we do upgrade or acquire any new apps or software, your Personal Data may be part of the assets transferred. If this occurs, you will be notified if there are any material changes to the way your Personal Data is collected, protected or used.
We are not responsible for the privacy practices or the content of other websites that may be linked to this site or of any third-party advertisers. We assume no responsibility for the content of such Websites or online information and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site, social media post on any of our platforms does not imply any endorsement of these sites and information themselves or of those in control of them.
Analytics
We may use third-party Service Providers to monitor and analyse the use of our service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Your use of our website mtnwavefitness.com, affiliated fitness training app “The Mtnwave Fitness App” and on our “Online Coaching Hub” thehub.mtnwavefitness.com (our sub domain), including any dispute concerning privacy, is subject to this privacy statement and the applicable Terms and Conditions of Service. BY USING OUR WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY STATEMENT AND THE APPLICABLE TERMS AND CONDITIONS OF SERVICE.
If we decide to change our privacy policy, we will post those changes to this privacy statement page and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by other means, such as e-mail, at our discretion.
Your continued use of any portion of our website, affiliated app or sub domain following posting of the updated privacy statement will constitute your acceptance of the changes.
If you have any questions about this Privacy Policy, please contact us at support@mtnwavefitness.com
