TraynMe Privacy Policy

1. Acceptance

1. By clicking the “Accept” button, you:

1. Represent and warrant to TraynMe that you are at least eighteen (18) years of age and have the power and authority to enter into, abide by, comply with, and perform your obligations under this Privacy Policy;
2. Agree to be bound by the terms and conditions set forth in this Privacy Policy; and
3. Agree and acknowledge that TraynMe may collect, use, and disclose your personal information in accordance with this Privacy Policy.

2. TraynMe is committed to protecting the personal information of identifiable individuals and legal entities disclosed or provided to TraynMe on or through the Services, and this Privacy Policy outlines how TraynMe collects, uses, and discloses such personal information.
3. TraynMe reserves the right to, at its sole discretion, amend this Privacy Policy at any time and without notice, the most current version of which shall always be available at  www.ascendfitapp.com/legal/privacy. You acknowledge and agree that your continued use of the Services following any amendment of this Privacy Policy shall signify your assent to and acceptance of such amended terms and conditions.
4. If you do not agree to any term or condition set forth in this Privacy Policy, or any subsequently amended term or condition thereof, you cannot use the Services.

2. Collection and Use of Personal Information

1. You expressly acknowledge, agree, and consent to the collection and use of your personal information as specified in this Privacy Policy.
2. TraynMe may collect the following types of personal information from you:

1. Information you submit to TraynMe

1. Account information: If you choose to register as a TraynMe User, you will be asked to create a unique username and private password, which will be used to create and activate an account through which TraynMe can make the Services available to you. You expressly acknowledge and agree that personal information, including, but not limited to, your name, address, telephone number, email address, billing information, financial information, and certain additional information, may be required by TraynMe to make the Services available to you, or may be disclosed by you on or through the Services.
2. Additional submitted information: You may choose to provide other personal information to improve your experience or enable certain features of the Services. If you are a Coach, such personal information may include fitness and meal plans you create for Clients. If you are a Client, such personal information may include your fitness and nutrition information.
3. Financial information: TraynMe may collect billing and other financial information for the purpose of processing payments in connection with the Services.

2. Information TraynMe collects from your use of the Services

1. Log and usage data: TraynMe may collect log data and usage information relating to your use of the Services. For example, TraynMe may collect information about how you interact with the Services, such as when you log into your account and what functions you use in the Services. TraynMe may also collect information about the devices used to access the Services, such as the device type and IP address.

3. Information TraynMe collects from third parties

1. If you choose to link your account to any third party services, TraynMe may collect information about you from such other services. The types of information TraynMe may collect from such third party services will depend on the nature of the third party services you choose to connect to your account.

HIPAA: Please note that neither TraynMe nor the Services are regulated by the United States federal privacy, security, or breach notification rules of the Health Insurance Portability and Accountability Act (“HIPAA”). Consequently, when using the Services, you will not receive the protections of HIPAA in connection with your personal information.

3. TraynMe takes steps to help ensure that only the TraynMe employees and/or TraynMe Users who need access to your personal information to fulfil their employment or other duties will have access to it. You expressly acknowledge, agree, and consent to TraynMe collecting and using your personal information:

1. To create and activate your account;
2. To respond to any request for customer service;
3. To make the Services available to you and to other users of the Services;
4. As necessary to allow TraynMe to provide you with access to and use of the added services, features, and functionality of TraynMe’s partner organizations and third party service providers, as incorporated into and/or linked to the Services, including without limitation as described in Section II.b.iii above;
5. To improve the quality of the Services, including without limitation, through polls, surveys, and other similar feedback-gathering activities conducted by TraynMe or any third-party;
6. To assess service levels, monitor traffic patterns, and gauge popularity of different features, functionalities, and service options of, or related to, the Services;
7. To manage your account, and to verify access rights to the Services;
8. To bill, or render invoices relating to, your account, to collect any debt owing to TraynMe, and to facilitate payments between you and other TraynMe Users, as contemplated by the features and functionality of the Services;
9. To communicate with you for the purpose of providing you with notifications, content, marketing materials, commercial electronic messages, and information about your account and/or the Services;
10. For technical support, maintenance, and monitoring relating to the Services, including, but not limited to, error reporting, monitoring and analysis;
11. To install software relating to the Services on one or more of your electronic devices;
12. To protect against fraud or error, and to respond to claims of any violation of TraynMe’s rights or the rights of any third-party;
13. To protect the rights, property, or personal safety of you, TraynMe, TraynMe’s agents, TraynMe Users, and the public;
14. To enforce this Privacy Policy, or any other agreement entered into between you and TraynMe;
15. As required to comply with any applicable laws or court orders, or as authorized by any applicable laws; and
16. For other purposes set out in this Privacy Policy, and for any other purpose TraynMe may disclose to you from time to time.

4. You may at any time withdraw your consent to receive email marketing communications under Section II(c)(ix). TraynMe provides an “opt-out” function within all email marketing communications, and/or will cease email marketing communications to you if you inform TraynMe that you would like to “opt-out” from receiving such communications. You, however, expressly acknowledge and agree that you may not “opt-out” of communications related to the Services, your account, billing, invoices, or where such withdrawal of consent would prevent TraynMe from compliance with and/or performance of a legal obligation.

3. Disclosure of Personal Information

5. TraynMe will only disclose your personal information in accordance with this Privacy Policy and in accordance with any applicable laws for the purposes set out in Section 2(c). You acknowledge and agree that the purposes set out in Section 2(c) include the disclosure of your personal information to TraynMe’s partner organizations and third party service providers in connection with your use of the Services, technical support, and maintenance (including error reporting, monitoring and analysis), data storage and payment processing. You expressly acknowledge and agree that your personal information disclosed by TraynMe to others hereunder may be subject to the terms of another privacy policy other than this Privacy Policy, and that TraynMe assumes no responsibility for the privacy policies or practices of any third-party.
6. You expressly acknowledge, agree, and consent to the disclosure of your personal information as specified in this Privacy Policy.
7. You expressly acknowledge and agree that, for the purposes of billing your account and facilitating payments between you and other TraynMe Users as contemplated by the features and functionality of the Services, in each case if applicable, TraynMe may disclose your personal information with its Payment Processing Services Provider, banks, or other third-parties in order to process payments.

4. Retention of Personal Information

Your personal information will be retained for as long as may be necessary or relevant for the identified purpose of collection, or as may be required or permitted by law, after which time TraynMe will no longer retain such information.

5. Children’s Privacy

The Services are not directed to children under eighteen (18) years of age, and TraynMe does not knowingly collect personal information from children under eighteen (18) years of age. If you are eighteen (18) years of age, you cannot use the Services. If TraynMe learns that personal information has been collected on the Services from persons under eighteen (18) years of age, TraynMe will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under eighteen (18) years of age has provided TraynMe with his or her personal information, please contact TraynMe at support@traynmeapp.com and request that TraynMe delete your child's personal information from its systems.

6. Rights to Your Personal Information

Subject to proof of identity, you may access your personal information that TraynMe has collected, used, or disclosed and/or request that any necessary corrections to your personal information be made, where applicable, as authorized or required by law by sending a written request to TraynMe at support@traynmeapp.com. To help ensure that your personal information maintained by TraynMe is accurate and up-to-date, please inform TraynMe immediately of any change in your personal information by sending a written notification to support@traynmeapp.com.

7. Location Information

You expressly acknowledge, agree, and consent to TraynMe collecting personal information concerning your location, from your IP address and other sources, for TraynMe’s business purposes.

8. Aggregated Data

You expressly acknowledge, agree and consent to TraynMe collecting, combining, manipulating, and using your personal information to create generalized, anonymous information, stripped of data capable of identifying an individual or legal entity (“Aggregated Data”), and using, disclosing, and commercializing such Aggregated Data as TraynMe deems fit. Your identity and personal information will be kept anonymous in the Aggregated Data.

9. Software Installation, Cookies and Log Files

You expressly acknowledge, agree, and consent to TraynMe installing software and cookies relating to the Services on one or more of your electronic devices and using tracking tools, pixel tags, cookies, and log files for purposes TraynMe deems fit, including but not limited to the purposes of, tracking which page variants you have seen, tracking if you have clicked on a page variant, monitoring traffic patterns, gauging popularity of service options, and gathering information used to deliver relevant content and services to you.

10. Change of Ownership or Business Transition

You expressly acknowledge and agree that, in the event of a change of ownership or other business transition involving TraynMe, such as a merger, acquisition, or sale of assets, your personal information may be transferred in accordance with applicable privacy laws.

11. Withdrawing Consent

You have the right to withdraw your consent relating to the collection, use, and/or disclosure of your personal information at any time, except where such withdrawal would prevent TraynMe from compliance with and/or performance of a legal obligation.

12. Security

1. TraynMe takes reasonable steps to help prevent unauthorized access to your personal information and will periodically enhance its security to help ensure that your personal information is kept safe from unauthorized access, use, and disclosure.
2. Although TraynMe has in place technology and procedures to help guard your personal information against unauthorized access, use, or disclosure, you expressly acknowledge and agree there is no guarantee that such technology or procedures can or will eliminate the risks of unauthorized access, use, disclosure, theft, loss, or misuse of your personal information.
3. TraynMe strongly recommends that you do not disclose your Access ID to anyone. If you forget your password, TraynMe will ask you for the username associated with your Access ID and will send an email containing your password to the email address associated with your Access ID.
4. Notwithstanding anything contained in this Privacy Policy, you expressly acknowledge and agree that you control what personal information you provide while using the Services, and that you are responsible for maintaining the secrecy of your personal information and Access ID.
5. You expressly acknowledge and agree that TraynMe is not responsible for, and does not control, the use by others of any information you provide to them and that you will use caution in selecting the personal information you provide to others through the Services.
6. In the event that TraynMe learns of a security systems breach, TraynMe will inform you of the occurrence of the breach, in accordance with applicable laws.

13. Governance

8. This Privacy Policy will be governed by the laws of the State of Michigan and the laws of the United States of America, as applicable. You hereby agree to submit to the exclusive jurisdiction of the courts in the State of Michigan with respect to any claim, proceeding, or action relating to or otherwise arising out of this Privacy Policy or your access to or use of the Services, howsoever arising, provided always that TraynMe may seek and obtain injunctive relief in any jurisdiction.
9. This Privacy Policy, together with any other agreement entered into between you and TraynMe specifically referencing this Privacy Policy, constitutes and contains the entire agreement between you and TraynMe with respect to its subject matter and supersedes any prior oral or written agreements between you and TraynMe.

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DEFINITIONS AND INTERPRETATION

“Access IDs” means the unique identification names (emails) and corresponding passwords assigned to a TraynMe Users and the Coaches and Clients who have been authorized to access and use the Services procured by such TraynMe User, and allowing such persons to access and use the Services, and “Access ID” shall be construed accordingly.

“Agents” means, with respect to a party, such party’s agents, employees, consultants, contractors and/or other authorized representatives, and “Agent” shall be construed accordingly.

“Content” means any material posted on, submitted on, uploaded to, made available to and/or appearing on the Services, including without limitation, data, information, text, graphics, photos, videos, charts, or location information.

“Services” means the Services offered or made available by TraynMe, including without limitation the TraynMe software as a service platform, and any website, application, or widget associated therewith, as modified by TraynMe by way of updates from time to time.

“Client” means a person directly or indirectly accessing or making use of the Services procured by a TraynMe User as a client, including without limitation, for the purpose of accessing, obtaining or otherwise acquiring fitness training services from the TraynMe User and/or a Coach, and “Clients” shall be construed accordingly.

“Coach” means a person directly or indirectly accessing or making use of the Services procured by a TraynMe User as a coach, including without limitation, for the purpose of offering, providing or otherwise furnishing fitness training services to one or more Clients, and “Coaches” shall be construed accordingly.

“TraynMe User” means a person who procures Services from TraynMe, including without limitation, by placing an order for a specific usage plan with TraynMe, thereby allowing access to, and use of, such Service by the TraynMe User and the related Coaches and Clients, and “TraynMe Users” shall be construed accordingly.

“You”, “your” and/or “yourself” means either the TraynMe User, Coach, or Client entering into the Terms of Service, as applicable.