Privacy Policy | Tough Mudder Bootcamp Trainer

Personal Information We Collect
How We Collect Personal Information
How We Use the Personal Information Collected
How We Share Personal Information
Lawful Bases for Collection and Use
Your Privacy Choices
Security of Personal Information
Retention of Personal Information
Other Important Information
How to Contact Us
Updates to this Privacy Policy

Tough Mudder Bootcamp Operations, LLC, (the “Company,” “we,” or “us”) understands that your privacy is important to you and we are committed to safeguarding the confidentiality and privacy of personal information entrusted to us as described in this Privacy Policy (the “Policy”). This Policy describes how we handle and protect your personal information in connection with hosting the website www.tmbtrainer.com (the “Website”), including any content, functionality, and services offered on or through the Website, and any events, training and certification pages hosted or linked from the Website, on any platform and in any format.

This Policy applies to personal information which is collected and/or used by the Company in its capacity as a controller as that term (or another term with equivalent meaning) is defined in the United Kingdom General Data Protection Regulation (UK GDPR) and other similar laws. We will only process your personal information in accordance with this Policy unless otherwise required by applicable law.

Please also see our Terms of Use (“Terms“) for additional information. We encourage you to familiarize yourself with both policies. Your use of this Website constitutes acceptance of this Policy and our Terms. If you do not agree to the terms and conditions of this Policy and our Terms (including updates or amendments), do not use this Website.

Personal Information We Collect

For purposes of this Policy, personal information means any information about an identifiable individual. Not all information we collect is personal information under this definition. For example, information that has been de-identified or aggregated in a way that no longer allows identification of a particular person would not meet this definition. Similarly, information we gather about you from publicly available sources, such as government databases, may not be considered personal information in your jurisdiction. Where permitted we may combine personal information that you have given us with publicly-available information about you to create a profile about you, your interests, and your preferences that help us tailor appropriate communications to you.

We may collect, store, and process personal information from the categories shown in the table below. Our listing of these categories does not mean that all categories or the examples listed in each category are collected about

everyone who uses the Website. We are providing a full list here in the spirit of transparency.

Categories of Personal Information

Category	Examples
Identifiers	Name, alias, postal address, telephone number, unique personal identifier, online identifier, IP address, email address, username, password or other similar identifiers
Demographic information	Age, national origin, citizenship, or gender
Internet or other electronic network activity	Browsing history, search history, session information, site navigation, and other information about how you interact with the Website
Audio, visual, or similar information	Photos, videos or other recordings you choose to post to Website or provide us access to while using the Website
Geolocation data	Physical location or movements
Professional or employment-related information	Education history, work history, certifications achieved, personal and professional insurance information, personal accomplishments and other relevant experience including information contained in a resume, CV or professional bio
Purchase data	Your purchase history with us, including for training modules, events, merchandise and any resources purchased through Website
Inferences drawn from other information	Any profile created about you that reflects likely preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitude

Where we need to collect personal information by law or under the terms of a contract with you, and you fail to provide that information when requested, we may be unable to carry out the services requested by you. If this happens, we may have to cancel a product or service you have with us.

How We Collect Personal Information

We collect the categories of personal information listed above from various sources. This section lists and describes those sources.

Directly from you. You may provide personal information to us when you use the Website in certain ways. This information may include:

Trainer Application. If you book a training module, you are required to provide information such as your name, address, email address, telephone number and setup a password for future access to the members’ portion of the Website. We will use this information to administer your test and set up your trainer account. You may also need to provide payment card information to our third-party payment processor PayPal, as discussed below.
Profile Information. Both trainers and non-trainers may choose to set up a profile with your membership account. If you do so you may provide us with profile information, including your name, address, email address, telephone number and you may setup a password for future access. If you choose, you may also provide us with photos and videos and information about your personal training and fitness history and goals. All of this information will be used to administer your account and to provide information to you that corresponds with your fitness goals.
Additional Information. Additional information that you provide to us, including when you contact us through Website, complete certain pre- or post-event forms, or submit any content or other material via the Website, request information or contact us with inquiries via email, or when you use other aspects of our services.

Indirectly from you. We may automatically collect personal information from you when you visit the Website through the use of tracking technologies or by other passive means. This “passively collected” information helps us to improve our offerings and allows us to ensure the Website works as designed and in a way that meets your expectations. Some examples of the sources of this passively collected personal information include:

Viewing History and Preferences. When you browse the website and provided resources, we may collect information about your use. For example, if you search our trainer database, we may collect information about that action, such as your postal code, your gender and any other specifics related to your training needs that you provide. We may also track how long you spend on a particular trainer’s profile and whether you choose to book with that trainer.
Log Information. We may automatically record information that your browser or mobile device sends whenever you visit the Website, and especially when you login as a member. These logs may include information such as your web request, IP address, browser type, browser language, your computer operating system, your mobile device and mobile operating system, the name of your internet service provider or your mobile carrier, the date and time of your request, and one or more cookies (discussed below) that may uniquely identify your browser.
Cookies and Similar Tracking Technologies. When you visit or access the Website, we may utilize cookies (small text files containing a string of characters sent to your computer) or similar tracking technologies that uniquely identify your browser to track your activity and hold certain information. Cookies can be necessary for site navigation and performance, or used for targeting or advertising. Please refer to our Cookie Policy for a more detailed overview on how we use cookies.
Additional website analytics. Among other technologies, our Website uses certain features from the Google Marketing Platform, including Google Analytics to gather information about website usage. This information is anonymized, but is stored by Google on servers in the US and is used by us and them to evaluate our website activity and inform enhancements. Google may transfer this information to third party processors or when required to by law, but will not associate an IP address with any other data held by Google. By using this website, you are consenting to the processing of this kind of data by Google. For more details please refer to Google Analytics’ article, “Safeguarding your data.”

From third parties. We may collect personal information about you from third parties, either at your request or for our business purposes. These third-party sources vary depending on your engagement with us, but could include the following:

Partners and Affiliates. Our parent company, Novus Fitness Brands, LLC, a North Carolina limited liability company in the United States, any of its subsidiaries and affiliates, including without limitation Volofit Franchising, LLC, ™ Bootcamp Franchising, LLC, and any other affiliates or entities with shared ownership.
Technical Service Providers. We work with a variety of third-party service providers to enhance the Website and ensure it functions the way you expect. Our partners provide website hosting, website usage analytics, advertising, and maintenance services. Many of these categories overlap with the passively collected personal information described above. In working with our service providers, we may share personal information with them and receive personal information back from them so that we may provide the services you expect.
Payment Processor. We use PayPal as our online payment processor. When you make an online payment, your personal information, including payment card numbers and certain identifiers, are collected and processed by PayPal pursuant to their terms and procedures. PayPal processes data in a safe and secure manner with access limited to authorized personnel pursuant to the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored by PayPal only as long as is necessary to complete your purchase transaction. We do not see your full payment card number and do not store your payment information. For more information about PayPal’s terms and procedures, you may want to review PayPal’s User Agreement.

We are not responsible for the privacy practices of third-party providers. By using our Website, you consent to the processing of your personal information by our third-party vendors in the manner and for the purposes described here and in their privacy policies.

How We Use the Personal Information Collected

We use both personal information and non-personal information to provide services to you, to help improve your interaction with the Website, and to support our business purposes. Some examples of ways in which we use or disclose personal information include:

To register you for membership(s) and events at your request.
To identify you when you sign on to your online membership account.
To create and maintain your online member profile.
To respond to your questions or inquiries.
To match users looking for trainers with trainers that can help them meeting their fitness goals.
To facilitate online communication among registered users.
To ask you to participate in surveys, or otherwise provide feedback about our services and events.
Where we have your consent, to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased, attended or enquired about. You may opt out of receiving such information at any time, for example, by unsubscribing from our emails or otherwise letting us know you would no longer like to receive such marketing materials.
To monitor Website usage.
To improve, upgrade or enhance the Website and our services.
To create de-identified or aggregated lists of information for any of the uses stated above.
To operate the Website in accordance with our Terms and/or any other agreement you may have with us.
To carry out other purposes that are disclosed to you and/or to which you consent.

We will not share your personal information except in the following limited circumstances:

We may collect, report and share personal information with our partners and affiliates and event sponsors, co-organizers, and similar third-parties who may use such information for the purposes set out above. In our discretion, or where required by law, we will inform you at the point of collection that we intend to share information in this way and give you an option to prevent such sharing with affiliated third-parties. The decision not to share information with these third parties, however, may result in your inability to participate in a particular event or training activity.
Information you provide about yourself in your public profile may be viewed by other members of our training and fitness community, including our sponsors and event co-organizers. We may also publish membership directories and share them with community members. Each of these may include at a minimum your name and location (City and Country).
We may share your personal information on an aggregated basis with third parties that perform services on our behalf, for example, technical service providers. When shared in this way we do not authorize such third parties to use your personal information except as necessary to provide services to us or for purposes authorized by us.
We may also provide third parties with aggregate information regarding users of this Website. For example, we may inform third parties regarding the number of unique users of this Website, the number of times a Website link was selected by users, and aggregate information on the types of the activities users conducted while on this Website.
Additionally, we may disclose your personal information (1) to comply with a law, regulation, or other governmental request, for example, to comply with subpoenas, court orders, legal process, or requests by law enforcement or governmental entities; (2) to investigate or defend against third-party claims against us; (3) to detect, prevent, or investigate fraud or other illegal activity or to enforce our Terms. (4) to repair or resolve technical issues in the operation of this Website; (5) to respond to a request by you to disclose the information, including your requests to allow access to your account and personal information by third-parties designated by you, as described in more detail below; (6) with your knowledge and consent; and (7) to address emergencies or acts of god. Your personal information may be an asset of the organization transferred in the event of a merger other organizational combination or transfer involving the Company.

Lawful Bases for Collection and Use

Certain laws require us to have one or more lawful grounds to collect and use the personal information that we have outlined above. We consider the grounds listed below to be relevant:

Legal obligation. Where the processing of your personal information is necessary for us to comply with a legal obligation to which we are subject.
Contractual relationship. Where it is necessary for us to use your personal information in order to perform a contract to which you are a party (or to take steps at your request prior to entering a contract). An example would be collecting and using your contact information in order to administer a training module or fitness test you have purchased from us.
Legitimate interests. We rely on this basis where applicable law allows us to collect and use personal information for our legitimate interests and the use of your personal information is fair, balanced and does not unduly impact your rights. For instance, it is in our legitimate interest to use personal information to protect our Website from any attacks and to ensure appropriate security. When we process your personal information to achieve such legitimate interests, we consider and balance any potential impact on you (both positive and negative), and your rights under applicable data protection laws. We will not use your personal information for activities where our interests are overridden by the impact on you, for example, where use would be excessively intrusive (unless, for instance, we are otherwise required or permitted to do so by law).
Consent. In limited circumstances, we may obtain your consent to use your personal information. We will ensure that when we obtain your consent you are free both to give it and to decline to give it. Additionally, you may always withdraw your consent at any time without any further detriment to you.

Before collecting and/or using any special categories of data (as that term is defined in the UK GDPR, or as an equivalent term is defined by other privacy laws) we will establish a lawful exemption which will allow us to use that information. This exemption will typically be your explicit consent or the establishment, exercise or defense by us or third parties of legal claims.

Your Privacy Choices

There are various ways you can choose to access, update, or limit the personal information you provide to us and that we collect and process.

Exercise Your Privacy Rights. Depending on where you live you may have certain privacy rights created by law. While laws can vary between jurisdictions, we strive to provide the same basic level of privacy rights to everyone regardless of where you live. Thus, the rights described below may be used by anyone with whom we interact or about whom we collect personal information.

Information Access and Portability. You can ask us what personal information we have about you. Subject to verification of identity, you also have a right to request and be provided with a copy of that information in a commonly used, machine readable format, but only where the processing of that information is based on (1) consent; or (2) the performance of a contract to which you are a party.
Correction/Rectification. While you have the ability to edit most of your profile information as described below, you also have the right to request that we correct or rectify any mistakes or inaccuracies in your personal information provided we are able to verify your identity.
Deletion/Erasure. You are entitled to request that we delete your personal information from our systems to the fullest extent possible. There may be certain circumstances, however, where we cannot delete all of your personal information. For example, if you have are a trainer who has provide online content to us for the Website that appears in our resource library or presented at a training event we will not remove your association with those activities with which you previously agreed to take part.
Objection. You have the right to object to our use of your personal information where our processing is based on legitimate interests (as described above) or is for direct marketing purposes.
Restriction. In certain circumstances, you have the right to request that we restrict the processing of your personal information.
Withdraw Consent. While we try not to rely on consent as a basis for processing your personal information, where we do rely on that basis you have the right to withdraw your consent at any time.

If you are a UK or EEA resident, you can exercise your rights by contacting us privacy@tmbtrainer.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

If you are a UK resident or a resident of the European Economic Area (EAA), you have the right to lodge a complaint with your local data protection authority about our collection and use of your personal information. We encourage you to contact us first so that we have an opportunity to address your concern. You may reach us using the contact information below.

We will not discriminate against you for exercising any of the rights listed in this section. Specifically, we will not (1) deny you services, (2) provide you a different level or quality of services from other users of the Website, (3) charge or suggest that we will charge you different prices or rates for membership or event registration, except to the extent that not having your personal information limits our ability to provide you with desired services or is a requirement for participation by one of our third-party sponsors or co-organizers.

Profile Preferences. If you are a member of our training community with a profile you can update and make various changes that will limit the personal information that is shared or disclosed to others, including editing or deleting information you have provided to us so that other users do not see it when they view your profile(s).

Unsubscribe from Emails. You may opt-out of receiving Emails from us by following the “unsubscribe” instructions included in certain emails we send you or by sending an email to privacy@tmbtrainer.com.

Limit Public Posting. Any information that you post to a public forum made available through the Website is necessarily available to other users. You should exercise caution when deciding to disclose personal information in this way. We are not responsible for the disclosure of any information to any authorized user of a forum on our Website and may not be able to remove such information once posted.

Google Analytics. As noted above, we use the Google Analytics service to gather and provide us with statistical data about how our Website is used. This Google service uses a cookie that can be recognized by Google when you visit other websites. You can opt out of Google Analytics’ collection and use of data generated by your use of the Website by going to http://tools.google.com/dlpage/gaoptout.

Security of Personal Information

We take the security of personal information seriously. Our Website uses reasonable technical, physical and administrative security measures in place to protect the loss, misuse, unauthorized access, alteration and destruction of the personal information collected through this Website. Reasonable efforts are made to secure our web servers, networks, host operating systems and databases against unauthorized access. Please remember that the security measures taken above are not foolproof; no website can guarantee that personal information will be protected in all situations. We cannot and do not guarantee that your personal information will never be accessed by an unauthorized party or otherwise breached. If we learn of a breach, we will comply with applicable law; however, unless a statute provides you a right that cannot be waived, you specifically waive and covenant not to sue us for any data loss or breach of our system resulting in loss of personal information. See our Terms for more information.

Retention of Information

We will retain your personal information for the period of time required for the purposes for which it was collected, any compatible purposes which we subsequently establish, or any new purposes to which you subsequently consent, or to comply with legal, regulatory and other policy requirements. This period of time will usually be the period of your relationship or contract with us plus a period reflecting the length of time for which legal claims may be made following the termination of such relationship or contract. We reserve the right to delete or destroy any information collected, including personal information, at any time.

We will also retain certain usage data for internal analysis purposes. This 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 Website, or we are legally obligated to retain this data for longer time periods.

Other Important Information

No Use of Site by Children Under 13. The Website, and the services offered through the Website, are not directed at or intended for use by children under 13 years old. If you are under the age of 13 you should not be visiting the Website. We do not knowingly collect or retain personal information from children under 13. If you are under the age of 13 and are visiting or otherwise using the Website please exit the Website immediately and do not disclose or provide any personally-identifiable information to us.

Parent or Guardian Permission for Minors; Acceptance of Responsibility. If you are over the age of 13, but less than 16 years of age and would like to use the services, please ask your parent or legal guardian to review and agree to this Privacy Policy and the Terms before you use any part of the services. If you wish to register for a training module you must ask your parent or legal guardian to complete the registration on your behalf. Your continued use of the Website indicates that you have obtained such permissions; if you have not obtained such permission and you register for an exam and/or otherwise use the Website, you do so in violation of the Terms.

If you are a parent or guardian who has granted your minor permission to use the Website and/or register for a training module, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your minor has created a profile on the Website without your permission, please contact us immediately at privacy@tmbtrainer.com so that we can disable the account.

Cross-Border Information Transfers. Please be advised that we may transfer the personal information we collect about you to the United States and other jurisdictions that may not be deemed to provide the same level of data protection as your home country for the purposes set out in this Policy. Your consent to this Policy followed by your submission of such information represents your agreement to that transfer, to the fullest extent allowed under the law. In all such instances where your personal information is transferred to the United States, we will take all reasonable steps necessary to ensure that appropriate safeguards designed to protect your personal information are implemented (e.g. entering into approved standard contractual clauses to protect personal information).

Third-Party Websites. Our Website may contain links to other websites and other websites may reference or link to our Website. We cannot control nor are we responsible for the privacy practices or the content of other websites. It is always a good idea to read the privacy policy on any third party website that you visit. We encourage you to be aware when you are leaving our Website. This Policy applies only to personal information collected from this Website.

Do Not Track Signals. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

How to Contact Us

If you have questions about this Policy, or if you wish to correct, update, amend or delete/remove personal information that you have provided to us, you may contact us by email at contact@tmbtrainer.com.

You may also write to us at:

Tough Mudder Bootcamp Operations, LLC
2820 Selwyn Avenue, Suite 692
Charlotte, NC 28209
Attn: Tough Mudder Bootcamp Certified

If you reside in the UK, our appointed UK Representative and contact point is BNMC Associates, LLP, a limited liability partnership. You may contact them directly at contact@bnmcpartnership.com with questions or to report concerns you may have with our privacy measures.

While we hope this will not be necessary, if we are unable to resolve your concerns satisfactorily you can contact the UK Information Commissioner’s Office by calling 0303 123 1113 or writing to:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Updates to this Privacy Policy

We may update or change our privacy practices and this Policy from time to time. The date at the top of this Policy reflects the date of the most recent update. We will let you know via email and/or a prominent notice on the Website, prior to the change becoming effective and update the “effective date” at the top of this Policy. Your continued use of the Website signifies your continued assent to the terms of this Policy, as updated or amended at that time.