PRIVACY POLICY

Effective Date: March 1, 2021
Top Form Fitness (collectively, “Top Form Fitness”, “we”, “us”, “our”), is committed to protecting your privacy.

This Privacy Policy governs our Personal Information collection, processing, and usage practices with respect to our Websites and Subscription Services (each as defined below under “Websites” and “Subscription Services”). It also describes your choices regarding the use, access, and correction of your Personal Information. By using the Websites or the Subscription Services, you consent to the Personal Information processing practices described in this Privacy Policy. If you do not agree with the Personal Information processing practices described in this Privacy Policy, you should not use the Websites or the Subscription Services.

1. Definitions

1.1. “Personal Information”

1. Definitions

1.2. “Website(s)”

This Privacy Policy applies to our website (“Website”), including www.topformfitness.net, as well as any other sites owned and operated by us and related processing activities carried out on our behalf by third parties, e.g., for the purpose of conducting online marketing, payment processing, customer support, as well as other types of services, as provided under “Sharing Personal Information with Third Parties (Service Providers)” below.

2. Changes and Updates

We periodically update this Privacy Policy. Any changes will be effective from the time the new Privacy Policy is posted, as indicated by the “Effective Date” listed above. Your use of the Website after changes to this Privacy Policy have been implemented constitutes your acknowledgment and acceptance of the new Privacy Policy. If you do not agree to the terms of the new Privacy Policy, you must no longer use the Website.

3. Questions and Concerns

If you have any questions about this Privacy Policy, please contact our Data Protection Officer at info@topformfitness.com.

4. Information We Collect

4.1. Information You Voluntarily Provide When You Visit Our Website

We periodically update this Privacy Policy. Any changes will be effective from the time the new Privacy Policy is posted, as indicated by the “Effective Date” listed above. Your use of the Website after changes to this Privacy Policy have been implemented constitutes your acknowledgment and acceptance of the new Privacy Policy. If you do not agree to the terms of the new Privacy Policy, you must no longer use the Website.

4.2. Payment and Order Information

We collect and process payment information from you when you order any products or services from our Websites, including credit card numbers, billing information, and shipping information using third-party PCI-compliant service providers.

4.3. Information We Collect Automatically

We collect and process payment information from you when you order any products or services from our Websites, including credit card numbers, billing information, and shipping information using third-party PCI-compliant service providers.

4.4. Cookies

Top Form Fitness and its third-party partners use cookies or similar technologies to analyze trends, administer our Websites, track users' movements around our Website, and gather demographic information about our user base as a whole.

We use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Website, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features.

Top Form Fitness keeps track of the Website pages you visit within the Top Form Fitness network of sites and services, in order to determine what portion of the Website is the most popular or most used. This data is used to deliver customized content and promotions within the Top Form Fitness Website to customers whose behavior indicates that they are interested in a particular subject area.

Top Form Fitness also uses cookies and similar tracking technologies to serve targeted advertisements. In addition, we partner with third parties to display advertising on our Websites or to manage and serve our advertising on other sites. Our third-party partners may use cookies or similar tracking technologies in order to provide you advertising or other content based upon your browsing activities and interests.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website. To learn more about our use of cookies and other tracking technologies, as well as how to opt-out of the use of cookies, visit our Cookie Statement.

4.5. Personal Information about Children

The Website is not intended for or targeted at children under 18, and we do not knowingly or intentionally collect Personal Information about children under 18. If you believe that we have collected Personal Information about a child under 18, please contact us as provided for above in the section titled “Questions and Concerns”, so that we may delete that Personal Information.

5. How We Use the Personal Information We Collect

5.1. Controllership

Within the scope of this Privacy Policy, we act as either a data controller or a data processor for the Personal Information we process, depending on our relationship with you. For example, if Top Form Fitness processes your Personal Information in the course of providing Services, Top Form Fitness acts as a data processor for your Personal Information that we process. Conversely, Top Form Fitness is a data controller for your Personal Information that we process in relation to our marketing and other front-end activities on our Website.

5.2. Basis of Processing

Where we act as a data controller within the scope of this Privacy Policy, we may rely on one or more of the following legal grounds for the processing of your Personal Information:
your consent;

  • performing our obligations under a contract to which you are a party or performing steps requested by you in order prior to entering into a contract;

  • pursuing our legitimate interests, such as our interest in marketing our services; and any other ground, as required or permitted by law;

  • use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement. Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

  • Where we rely on your consent as a legal ground for processing your Personal Information, you may withdraw your consent at any time. However, if you withdraw your consent, it will not affect the lawfulness of the processing that occurred based on your consent prior to your withdrawal.


Where we act as a data processor within the scope of this Privacy Policy, we will process your Personal Information based on the documented instructions of the relevant data controllers.

Where we act as a data controller and we receive your Personal Information directly from you for the purpose of providing you with services related to our Website, we require such Personal Information to be able to perform our contractual obligations to you. Without the necessary Personal Information, Top Form Fitness will not be able to handle your requests.

5.3. We Never Sell Personal Information

We understand how important your Personal Information is to you. We are committed to keeping it strictly confidential. Your privacy is not for sale. We will never sell, rent, or otherwise abuse the Personal Information you have trusted us with.

5.4. Use of Personal Information

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to (a) improve your browsing experience by personalizing the Websites and to improve the Subscription Services; (b) send information to you which we think may be of interest to you by post, email, or other means; (c) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, and (d) provide other companies with anonymous statistical information about our users – but this information will not be used to identify any individual user.

We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your unique Personal Information to the third party.

5.5. Sharing Personal Information with Third Parties (Service Providers)

We may use third parties to perform certain services on our behalf. We may share your Personal Information with these third parties, as necessary, solely to enable them to perform those specific services for us. Such third parties include those:

  • assisting us with sending marketing emails and performing social networking tracking;

  • providing cloud storage services;

  • serving advertisements;

  • providing customer support services;

  • enabling us to send you emails;

  • providing web analytics, performance tracking, and email automation software;

  • providing subscription management, payment gateway integration, and invoicing services;

  • providing video streaming services;

  • providing issue-tracking software;

  • enabling payment processing;

  • monitoring errors on web platforms;

  • offering marketing and advertising services;

  • assisting appointment scheduling;

  • providing online survey software;

  • providing web conferencing services; and

  • providing subscription revenue analytics services.

  • Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality and security of your information.

5.6. Advertising

We partner with third-party advertising networks to either display advertising on our Websites or to manage our advertising on other sites. Our ad network partners use cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Websites to provide you targeted advertising based upon your interests.

5.7. Customer Testimonials and Comments

We post customer testimonials and comments on our Websites, which may contain Personal Information. If you would like your testimonial or comments altered or removed from our Websites, please contact us as requested in the section above titled “Questions and Concerns”.

5.8. Use of Credit Card Information

If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

5.9. Social Media Features

Our Websites include Social Media Features, such as the Facebook “Like” button and widgets, the “Tweet This” button, and interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media features and widgets are either hosted by a third party or hosted directly on our Websites. The way your Personal Information is processed by these third parties is governed by the Privacy Policy and other policies of the companies providing them.

5.10. External Websites

Our Websites provide links to other websites. We do not control and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

5.11. Public Forums

We offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any Personal Information you have posted on the Websites if you so request, as described under “Opting Out and Unsubscribing” below.

5.12. Retention of Personal Information

Where we act as a data processor, we retain your Personal Information for as long as is necessary for us to perform under our engagement with the data controller. Where we act as a data controller, we retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about our services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete that Personal Information, but in any case within a period of no more than 12 months after the purposes of processing are satisfied. We may delete this information from the servers at an earlier date if you so request, as described under “Opting Out and Unsubscribing” below.

5.13. Corporate Events

If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy, or otherwise, that company would receive all information gathered by Top Form Fitness on the Website. In this event, you will be notified via email and/or a prominent notice on our Website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.

5.14. Compelled Disclosure

We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.

6. Security

6.1. Security of Your Personal Information

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. When sensitive Personal Information (such as a credit card number and/or geo-location data) is collected on our Websites and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

6.2. Alerts in the Event of a Security Breach

If a security breach causes an unauthorized intrusion into our system that materially affects you, then Top Form Fitness will notify you as soon as possible and later report the action we took in response.

7. Opting Out and Unsubscribing

7.1. Reviewing, Correcting, and Removing Your Personal Information

If you are a data subject about whom we process Personal Information, you may have the following rights with respect to that information:

  • to access and review the Personal Information that you have supplied to us;

  • to request that we correct any errors, outdated information, or omissions in Personal Information that you have supplied to us;

  • to request that your Personal Information not be used to contact you;

  • to request that your Personal Information be removed from any solicitation list that we use;

  • to request that your Personal Information be deleted from our records; and

  • to opt-out of being solicited by Top Form Fitness, or third parties.

 

You may have the right, under certain circumstances, to have the processing of your Personal Information limited (restricted), as well as the right to object to the processing of your Personal Information. You may also have the right to ask to have your Personal Information exported to a machine-readable format.

Where we act as a data controller, to exercise any of these rights, please contact us, as provided in the section above titled “Questions and Concerns”. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.

Where we act as a data processor, you may exercise your rights under this section by contacting the data controller who has provided your Personal Information to us.

 

7.2. Unsubscribing From Our Communications

You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our emails, or by contacting us as provided under the section above titled “Questions and Concerns”. Customers cannot opt-out of receiving transactional emails, such as billing notifications, related to their account with us.