PRIVACY POLICY

Maintaining your privacy is of paramount concern to Colwell & Associates LLC. As a user of our Colwell & Associates LLC website(s), app, and services ("Site"), we understand that your personal fitness is a very private matter. To power our online Training Log, the input of your personal information is necessary for you to obtain the full value of this Site. We want you to feel comfortable entrusting us with this data. The following pledges are our guarantees to help you feel more secure in our environment so that you may benefit from the programs we have designed for your overall fitness development. It is our hope that you will accept this policy with a clear expectation of Colwell & Associates LLC's obligation to you.

PERSONAL INFORMATION WE COLLECT:

Member Registration
Upon registration with the Site, we will develop a user profile to assist our core content software with customizing content topics based on your user behavior. The required data fields at that time are:

 

  1. Name

  2. Email address

  3. Time Zone

  4. Login Password
     

This information will be stored in an internal database that is proprietary to Colwell & Associates LLC. These fields are used only to determine the appropriateness of targeting content to a user and we do not serve content in a personally identifiable manner, rather, the software entreats this task in a closed database environment.

 

WORKOUT INFORMATION

Data, metrics, and information from athletic workouts can be entered into an internal database that is proprietary to Colwell & Associates LLC by a sports tracking device, software and apps not made or under the control of Colwell & Associates LLC, or manually by you or your trainer. This information may contain workout duration, intensity, location, route, time, date, whatever notes, comments, information you might enter, etc. and may be personally identifiable.
 

This workout information will be stored in an internal database that is proprietary to Colwell & Associates LLC. However, you may also choose to share your workout information with third-parties, such as other sports tracking devices, software, and apps not made, affiliated, or under the control of Colwell & Associates LLC, in which case Colwell & Associates LLC will send and receive workout information from these third-parties. You may cancel these transfers to third-parties and stop the sharing of workout information at any time. Colwell & Associates LLC has no control, responsibility, or liability for workout information once it is sent to, or prior to Colwell & Associates LLC's receipt from, these third-parties. Colwell & Associates LLC will not sell or share any personally identifiable workout information to third-parties without your prior approval, except as resulting from these third-party links you choose to establish and maintain.

 

SOCIAL WALL INFORMATION

Social Walls are licensed, set up, maintained, and moderated by coaches and teams under the Colwell & Associates LLC Terms of Use and Privacy Policy. Colwell & Associates LLC provides the platform for Social Walls under the Safe Harbor provisions of the US Digital Millennium Copyright Act and as such does not edit or modify the information, content, or links posted on Social Walls (Posted Information). Our actions regarding enforcing a Social Wall's compliance with the Colwell & Associates LLC Terms of Use and Privacy Policy are limited to the removal of the Posted Information, the closure of the non-compliant Social Wall, and the withdrawal of the current and future license to use the Colwell & Associates LLC services and features of the non-compliant party.

 

Any information, data, metrics, patterns, preferences, analysis, algorithms, and predictors that may be derived exclusively from your use of the Social Walls that are directly personally identifiable to you (Non-Posted Information), shall not be accessible by, shared with, or sold to any third parties. Non-Posted Information shall be considered private and confidential and shall be subject to the Colwell & Associates LLC Terms of Use and Privacy Policy.

 

Any Posted Information you post in the Social Wall feature is specifically exempt from this Privacy Policy and by so posting you are legally declaring that the Posted Information is not private or confidential and you are releasing Colwell & Associates LLC and its affiliated parties of any and all responsibilities and liabilities that may result from the public release of Posted Information. The Social Wall features are specifically designed to place the Posted Information into the public domain. It is solely your responsibility, whether or not Colwell & Associates LLC provides features to address privacy, security, or safety, to use caution in sharing photos, workout route maps, or other information in Posted Information that may show your home or work location, or any other Posted Information that could compromise your privacy, security, or safety.

 

Advertisements, announcements, product or service information, sponsorships, endorsements, recommendations, content, or links for which you were compensated to post (Commercial Information) is specifically prohibited in Colwell & Associates LLC Social Walls. Colwell & Associates LLC shall be the sole and final determiner of what constitutes Commercial Information. Further, any commercial or financial interest you have in the Posted Information must be contemporaneously disclosed in the post in compliance with the US FTC regulations as described in FTC Endorsement Guidelines.

 

Report to Colwell & Associates LLC, at a minimum using the reporting feature provided in the Social Wall, any objectionable or concerning Posted Information you observe on the Social Wall. All Posted Information and Non-Posted Information must comply with the Colwell & Associates LLC Terms of Use and Privacy Policy.

PAYMENT INFORMATION

If you are purchasing a product or service, or using a paid account, we collect your payment information so that we can automatically charge your credit card when you purchase the product or service. This information is only shared with the company that is processing the credit card payments for us and we do not store this information.

 

EUROPEAN UNION GLOBAL DATA PROTECTION REGULATION

Colwell & Associates LLC understands Member Registration, Workout Information, Social Wall Information, and Payment Information may be considered Personal Data under European Union Global Data Protection Regulations (GDPR). Colwell & Associates LLC endeavors to comply with GDPR including, but not limited to, a) protecting your right to have Personal Data collected only after you have specifically taken action to approve the collection of your Personal Data, b) the right to easily access a mechanism to withdrawal that approval and have your Personal Data promptly removed from our proprietary internal database, c) using industry standard best practices to maintain care, custody, and control over the Personal Data we collect, and d) reporting as prescribed by GDPR any breach of Personal Data within 72-hours of our discovery of such breach. Colwell & Associates LLC believes the nature and scope of the Personal Data it collects does not require the designation of a GDPR Data Protection Officer.

 

COLWELL & ASSOCIATES LLC TRAINING LOG REGISTRATION

If you enroll in the Colwell & Associates LLC Online Training Log, you will be required to enter personal data that will be utilized to calibrate the mechanisms of the software allowing your progress to be tracked and files to be stored. If you are signed up with a trainer using Colwell & Associates LLC, then your information will be accessible to that trainer so they can fulfill their training contract with you.

 

PROMOTIONAL CAMPAIGNS 

From time to time, either Colwell & Associates LLC or a third-party might host a promotional campaign in the Site environment. These campaigns have a variety of objectives such as ensuring that we are satisfying membership needs, assessing the performance of areas of the Site, and introducing new products or offers. In these cases a specialty promotional privacy statement will be implemented in the framework of the promotion, which will give specific direction as to the treatment of collected information. Oftentimes the information will be necessary for fulfillment obligation of a prize or sample. Colwell & Associates LLC conducts all promotional campaigns within the guidelines of this privacy policy.

 

YOUR WORKOUT AND TRAINING CONTENT

Colwell & Associates LLC claims ownership rights to your workout and training content and data. We do retain the right to use your content to provide services required by the system to you and other system users that Colwell & Associates LLC has linked your account to. We may also use your content in a non-identifiable manner for purposes such as marketing, system development and testing. Members may export their Log data at any time as long as their account is still open. If a Member cancels an account, the data will be retained in our system for one (1) month before deletion and may not be recoverable after that time period. Colwell & Associates LLC is not liable for data that is altered, lost or damaged at the hands of the Member or third parties (third parties include, but are not limited to, trainers, hosting, backup, and data storage companies). We will make a good faith effort to try to restore or recover missing or damaged data, but cannot guarantee recovery.

 

INFORMATION DISCLOSURE

Except as set forth in this policy, Colwell & Associates LLC will not disclose your information it gathers to any unaffiliated companies. If you are using a training service in conjunction with Colwell & Associates LLC, your trainer will have access to your information in order to facilitate their training of you. Disclosure of information to any other third parties will not be used in a manner that can be linked to you or that identifies you ("Personally Identifiable Information"). Any information provided to third parties from Colwell & Associates LLC about you will be treated in accordance with this privacy policy, unless you are otherwise notified and expressly consent to such information being given. In the following limited circumstances we will consider, and may release, Personally Identifiable information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order; or (2) in special cases such as a physical threat to yourself or others.

 

AGGREGATE INFORMATION

In most cases, Colwell & Associates LLC will provide aggregate information about you, which does not allow you to be personally identified or contacted ("Aggregate Information") to third parties. For example, we might inform third parties regarding the number of members registered for the Colwell & Associates LLC Training Log who are over the age of 25. We might also inform a fitness apparel manufacturer (that may or may not be an advertiser on our Site) that 45% of the women on our Site train more than 3 times a week. Depending on the circumstances, we may or may not charge them for this information.

 

INTERNAL PRIVACY

Colwell & Associates LLC utilizes databases to produce results of our Site performance and give us the activity measurement of our Site. This enables us to continually refine and improve the Site environment and provide the best service to you. Only authorized Colwell & Associates LLC employees are permitted access to your personally identifiable information and all Colwell & Associates LLC employees are required to abide by our Privacy Policy. Those who violate the terms of this policy are subject to disciplinary action, up to and including termination.

 

YOUR CHOICE

When you complete the registration form and your profile, you will be given the opportunity to receive recurring information/promotional emails and offers from Colwell & Associates LLC and/or third parties. To access these preferences, log in to your account, click on "Settings" and edit your Send Email Update preferences.

 

THIS POLICY MAY CHANGE

As we grow and offer you new service features, we will continually evaluate this policy to ensure that your privacy is maintained and to protect your personally identifiable information. We reserve the right to update this policy at any time without prior notice. Revised policies will be posted on the Site. Your continued use of the Site signifies agree to all revised policies. If you do not agree to the terms of this Privacy Policy or any revised policy, please discontinue using the Site immediately and contact us to have your account deleted.

MAILING ADDRESS

1968 S. Coast Hwy #1063,

Laguna Beach CA 92651

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 © 2020 Singing Body Clinic, All Rights Reserved

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