*Last updated 9/11/2021
Smart Coach, LLC (“Company” or “We”) respects your privacy and is committed to protecting it through its compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit www.smartcoach.com (the “Website”), and/or any content, functionality and services offered on or through the Website, whether as a guest or a registered user), and our practices for collecting, using, maintaining, protecting and disclosing that information.
Information is Provided Solely for Informational Purposes
All materials on our website (hereinafter “Materials”) are provided solely for informational purposes. The Materials are not intended to constitute any advice. Your viewing or use of the materials shall in no way create any relationship with Smart Coach, LLC or any of our partners, associates or affiliates.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card information (if voluntarily submitted by our visitors), or any other identifier by which you may be contacted online or offline (“personal information“); or (b) about your internet connection, the equipment you use to access our Website and usage details. We collect this information: (a) directly from you when you provide it to us, or (b) automatically as you navigate through the Website (which may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies); and (c) from third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Website may include (a) information that you provide by filling in forms on our Website, including information provided at the time of registering to use our Website, reporting problems with our Website, subscribing to our service, posting material, or requesting further services; (b) records and copies of your correspondence (including e-mail addresses), if you contact us; (c) your responses to surveys that we might ask you to complete for research purposes; (d) details of transactions you carry out through our Website and of the fulfilment of your orders, including financial information you may be required to provide before placing an order through our Website; and (e) your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
In summary, personally identifiable information may include, but is not limited to:
We take commercially reasonable steps to protect the personal identifiable information you provide to us from misuse, disclosure or unauthorized access. We only share personal identifiable information with trusted third parties who use the same level of care in processing your personal identifiable information. That being said, due to the nature of the internet and developing technologies, we cannot, however, provide assurances as to the security of your information, and we disclaim any such obligations. Should there be a data breach of which we are aware, we will notify you immediately.
Information We Collect Through Automatic Data Collection Technologies
We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure site activity to identify future improvements that should be made and compile aggregate data to help serve site visitors better.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including (a) details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website, or (b) information about your computer and internet connection, including your IP address, operating system and browser type. We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services. Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Website according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Website.
The technologies we use for this automatic data collection may include cookies, flash cookies, and/or web beacons, described below:
If you visit this site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this site with an open ID, the number of items “liked” on this site, or items on this site that you choose to share with a third-party social media site.
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control and are not liable for the actions of any third parties who we may promote. We pride ourselves in working with quality companies but have no control over the actions of those third parties. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We may employ third party companies and individuals to facilitate our website, to provide the website on our behalf, to perform website-related services or to assist us in analyzing how our website is used.
These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
These service providers may include, but are not limited to:
We may provide paid products and/or services within the website. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
How We Use Your Information
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
By submitting your email address on the Website, you agree to receive emails from the Company and its Websites. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them. We do not send unsolicited commercial emails, because we hate spam as much as you do. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
By submitting your mobile phone number on the Website, you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by the Company to contact you. We also retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.
Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)
We may process your personal information because:
Retention of Data
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 time periods.
Transfer of Data
Your personal information 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 than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including your personal information, to the United States and process it there.
Disclosure of Your Information
Except as otherwise stated herein, we will NEVER share your personally identifiable information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. However, by permitting us to collect this information, you will be able to receive information on other products and services that may be of interest to you, including related third party offers that we may send directly to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service.
By participating in one of our membership programs through the Website, you agree and understand that other members of the program may see the comments, questions, photos, and/or other documents that you post on the membership Website, as well as any responses to you that are posted by the Company or other members. If you do not want your personal details revealed to other members of the program, then please do not post any such information through the membership Website.
Material Business Transaction
Choices About How We Use and Disclose Your Information
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an e-mail at email@example.com to request access to, correct or delete any personal information that you have provided to us, or to unsubscribe from any of opt-ins, mailings or our newsletters. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
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 information.
If you wish to be informed what personal information we hold about you and if you want it to be removed from our systems, please contact us firstname.lastname@example.org.
In certain circumstances, you have the following data protection rights:
We may ask you 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 information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Ownership of Site Contents; Downloading
Unless otherwise noted, all text, images, illustrations, design, icons, photographs, video clips, and other materials that are part of our Website (collectively “Contents”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Smart Coach, LLC or used under principles of “fair use.” The Contents of our site and the Website as a whole are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on our site for such uses, provided that you do not remove any copyright or other proprietary notices contained on the materials. By allowing you to download these materials, we expressly do not transfer to you any right, title, or interest in the materials.
Children Under the Age of 13
Our Website is not intended for children under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please email us at email@example.com.
Commitment To Data Security
While we take commercially reasonable steps to protect your personal identifiable information from unauthorized access, misuse, or disclosure, unfortunately, the transmission of information via the internet is not completely secure. Therefore, we cannot guarantee the security of your personal information transmitted through our Website, or that any breach will not occur. In the event that a breach should occur, we will notify you immediately along with taking adequate steps to rectify the breach. Any transmission of personal information however is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. That said, we do recommend you take every precaution in protecting your personal identifiable information data when you are using the internet such as changing your passwords often using a combination of letters and numbers when creating passwords. In addition, we recommend you use a secure browser while doing so.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are solely responsible for the safekeeping, confidentiality, and management of your password and password-protected account. We ask and implore you not to share your password with anyone.
While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. Smart Coach, LLC assumes no liability or responsibility or any errors or omissions in the content on our website.
OUR WEBSITE AND ALL CONTENTS OF OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR WEBSITE THAT YOUR USE OF SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT SMART COACH, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER RELATED TO YOUR USE OF OUR WEBSITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
Neither Smart Coach, LLC nor any other party involved in creating, producing, or delivering our website shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access to or use of our website.
Choice of Law and Jurisdiction
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms & conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.