Catalyst Pro Performance Privacy Policy

Last updated May 1, 2016

This Privacy Policy discloses the privacy practices for the Catalyst Pro Performance website (located at www.CatalystProPerformance.com) and any Catalyst Pro Performance consumer mobile applications (collectively, the “Services”). Catalyst Pro Performance LLC, a Colorado limited liability company, the provider of the Services (referred to as “us” or “we”), is committed to protecting your privacy online. Please read the following to learn what information we collect from you (the “User” or the “End User”) and how we use that information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICES.

BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

The federal government and technology industry have developed practical tips to help you guard against Internet fraud, secure your computer and protect your personal information.  See http://www.onguardonline.gov/ 

In the following Privacy Policy, we provide you with information regarding:

  • Changes to Privacy Policy
  • Territories
  • Personal Information We Collect through the Site and Apps
  • How We Use and Share Your Personal Information
  • Our Use of Your “Cookie” Information on the Site and Apps
  • Our Relationship with Third Party Websites
  • Access and Correction of your Personal Information
  • User Choices on Collection and Use of Information
  • Security of Your Personal Information
  • Retention of your Personal Information
  • How to Contact Us

1. Changes to Privacy Policy

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of notice on our home page. A copy of the current policy is always posted at www.catalystproperformance.com/privacy.

2. Territories

This Privacy Policy covers our activities throughout the world. We may host the Sites or information within the Apps on servers located within these countries or in any other country we maintain client relationships, including the United States. The locations of our servers may change from time-to-time.

Privacy requirements and treatment of personal information varies from country to country.

3. Types of Information Collected and Uses of Collected Information

In general, you can browse the non-password protected portions of our Sites without telling us who you are or revealing any personal information about yourself, except for our collection of “cookies” as described in Section 3.

We may collect personal information from you on our Site and App or through any other digital or personal communication with you. Information collected by us is voluntarily provided by you and may be integrated with other information you have provided to us upon signing up for a membership in any capacity.

Our Site and the App may also collect general information about your technology interface or preferences (such as the type of browser used or the files requested). Certain information described below is mandatory and if not entered, you will not be able to utilize or participate in our online services or features.

The information we may collect through your use of the Site may include, but is not limited to:

  • Where the account registration feature is available, your contact information to create a Catalyst Pro Performance account, such as your first name, last name and email address;
  • Where the account registration feature is available, your profile username and password to enter the password-protected portion of the Site;
  • Your transaction history relating to the use of our services, purchase of certain products or other information you wish to share with us and integrate with the Site;
  • Membership-related information, such as your home address;
  • Fitness-related information provided in the membership process, such as your height, weight, general fitness-related goals or other information helpful to achieving your fitness goal, including information provided on the client intake form;
  • Information regarding training sessions, classes, or use of online nutrition or fitness programs;
  • Where the account registration feature is available, correspondence with you regarding your membership activity;
  • Information provided by you when you participate in a survey or communication to you regarding your use of the Site, or utilizing Catalyst Pro Performance services;
  • Information provided by you to participate in advertising contests or sweepstakes;
  • Various account information related to your Catalyst Pro Performance membership to allow you to update credit card, bank account, other payment information, or any other information regarding your profile;
  • If we offer alternative sign ins, we may collect certain sign on information you have provided to third parties, such as Facebook or Twitter, when you sign on to use our Site or App through these third parties;
  • Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Site and for us to credit your account for various online transactions;
  • Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites; and
  • Your IP address to measure our website traffic and to help provide a more personalized experience.

To fully utilize the products and services available through our App, you may choose to download separate applications, and may opt to have the information entered into those applications automatically integrate with our App. Information entered and retained in any third party applications are governed by privacy policies specific to the third party. Third party applications will have their own privacy policies and terms regarding the collection, use and maintenance of data entered through that third party application. If you choose to integrate our App with any other App, we will also own and control the data provided. The information we may collect through your use of our Apps may depend on the version of the Apps or the country you are in, but this information may include, but is not limited to:

  • Information to register for your App account, such as first name, last name, email address and other Catalyst Pro Performance membership information, as well as a username and password to access the App;
  • Your activity history regarding your use of the App, such your participation in training activities, classes or utilization of other Catalyst Pro Performance products or services;
  • Membership-related information, such as your home address and membership number;
  • Fitness-related information provided in the membership process, such as your height, weight, general fitness-related goals, fitness-related habits or other information helpful to achieving your fitness goals;
  • Certain location or geolocation information pulled directly from your mobile device, your wireless carrier or certain third party providers, to allow tracking of your activity. This collection and tracking may occur even when the App or other related applications are not actively open and running;
  • Information regarding personal training sessions and communication with your personal trainer or other Catalyst Pro Performance staff;
  • Information provided by you when you participate in a survey or communication to you regarding your use of the App, or utilizing Catalyst Pro Performance services;
  • Various account information related to your Catalyst Pro Performance membership to allow you to update credit card, bank account, other payment information, or any other information regarding your profile;
  • If we offer alternative sign ins, we may collect certain sign on information you have provided to third parties, such as Facebook or Twitter, when you sign on to use our App through these third parties; and
  • Computer data or files, often called “cookies,” which may be sent by your mobile device to allow our server to “recognize” you through the navigation of the App and for us to link your activity on the App with your membership.

Information obtained from your Social Media Accounts. You may choose to log into your Catalyst Pro Performance account on the Site or through our App via certain social media networking services, such as Facebook and Twitter (“Social Media Accounts”). By integrating these Social Media Accounts into your account, we are able to offer you more personalized services, but may also collect certain personal information provided in your Social Media Accounts, such as your profile information, email address, profile picture and friend list. If you do not want us to have access to this information, do not utilize the Social Media Account sign-in feature.

Children’s Online Privacy Protection Rule. Our Site and App are not designed for children and we do not knowingly collect information from any person we know is under the age of 13.

Uses of Collected Information. We will use your personal information to provide the services we offer on the Site and through our App, including:

  • Processing and updating your membership information, including personal information you provide, credit card information or other electronic payment processing;
  • Processing your billing information, which may be contracted to our third party payment processing vendor;
  • Contacting you regarding services you have engaged in or with, including personal training or collection efforts;
  • Conducting marketing and research, through direct surveys to you, but also through general communication with you;
  • Providing you with information you have requested from us or trainers you have engaged with;
  • Developing and displaying content and advertising tailored to your interests and preferences;
  • Conducting contests and sweepstakes;
  • Sending you electronic communications you have requested, such as text messages, push notifications, notifications through our App or through your mobile device;
  • Providing you with updates and content based on your geo-location information you have provided to us;
  • Providing assistance with your fitness goals, such as encouragement on workouts, training schedules, recommended dietary changes, and other information to help you reach your fitness goals; and
  • Contact you regarding updates to the Site, App, or provide administrative notices to you.

We strive to offer you an integrated, comprehensive way to manage your lifestyle, fitness goals and activity. In order to operate the Site and App as one seamless experience, however, we must share your personal information with our subsidiaries and affiliates to provide you with the integrated services offered through the Site and App. We may provide user information to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our Site or App, development of online products and services, customer service or new product development, or other contracted promotional opportunities provided to our users. We, as well as our vendors, affiliates or other business partners may use this information for marketing and solicitation purposes.

Your fitness data, App data, and personal information may be made available to any contracted service providers whom you have engaged to provide services to you. Each of those parties is obligated to maintain the confidentiality of your personal information, and is permitted to access and use your personal information solely for the purpose of providing or enhancing services you use through the Catalyst Pro Performance Site or App. Additionally, you may choose to share personal information from the Site or App with personal trainers or other Catalyst Pro Performance members to assist you in evaluating your activities and goals.

While we try to be selective in working with third parties, we are not responsible for their use of your personal information. Where payments are involved, we must release your credit card information to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds.

We may share aggregate information with vendors, potential advertisers, business partners, or other third parties. Aggregate information does not include personal information.

Except as described in this section, we will not give or sell your personal information to any other party for its use in marketing or solicitation.

Additional Disclosures

We may also disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of its suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or organization.

In addition, since member information on our Site and in our App is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer your personal information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.

4. Our Use of Your “Cookie” Information on the Site and Apps

A “cookie” is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Site or App by associating identification numbers with other user information you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Site or App. Some third party service providers may use “flash cookies,” which are saved on your computer, but cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies.

In collecting and maintaining cookie-based information or other information collected directly from your mobile device, such as your geolocation, we are able to:

  • Provide you with access to your user preferences, and sign-in on approved devices;
  • Provide the basic functionality of the App, such as displaying your live location and movement;
  • Installing and monitoring elements of the App for security purposes;
  • Help diagnose problems with the Sites or Apps, administer and improve the Sites or Apps, and measure the use of the Sites or Apps;
  • Identify your internet provider, page views and other information regarding utilization of the Site;
  • Gather other web analytics information related to your and other users’ use and navigation of the Sites and App;
  • Provide you with relevant content, including advertisements and other offers from third parties;
  • Aggregate cookie data across all users to track overall visitor traffic patterns and provide this aggregated information to vendors, potential advisors, business partners, new agencies, or other parties to identify interests or plan for technical infrastructure requirements;
  • Conduct advertising based on your use of the Site or Apps, as described below; and
  • Otherwise provide improvements and enhancements to the Site.

We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display Catalyst Pro Performance product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with Catalyst Pro Performance products or services. Any information that these third parties collect via cookies is not linked to any personally identifiable information (name, address, email address, or phone number) we collect or you provide on the website. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.

5. Our Relationship with Third Party Websites

In addition to the integration with certain mobile applications as described in this Privacy Policy, the Site and App may contain links to other web sites or other mobile applications. Additionally, other web sites may contain links to the Sites. We do not review or monitor the web sites linked to the Sites and are not responsible for the contents or privacy policies related to any other web sites. If you visit one of these other web sites, you may want to review the privacy policy on that web site. Where the Sites contains a link to another web site owned and/or operated by us, such web site use may be subject to different and additional terms of service and privacy policy terms and conditions.

6. Access and Correction of your Personal Information

We strive to maintain the accuracy and integrity of the personal information in our databases and to keep that information up-to-date. We encourage you to promptly update your personal information if it changes. You may edit your account information or account at any time by signing into your account on the Site or the App and navigating through your settings. To deactivate your account, please contact us at: catalystproperformance@gmail.com. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on our Services. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information.

Unless otherwise stated in an addendum, all communications must be in the English language. We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (1) the disclosure may be threat to the personal safety, property, or rights of any other person or organization; (2) the disclosure may lead to a violation of applicable laws or regulations; or (3) where you have failed to provide sufficient evidence to verify your identity.

7. User Choices on Collection and Use of Information

Opting Out or Unsubscribing. You may opt out of certain collections of cookies or other web- or mobile device based enhancements, including geolocation data collection, by changing your browser settings or going into your preferences on your mobile device and restricting the transmission of certain information. Your limitation of the collection of this information, however, may disable our ability to provide you with the most relevant products or information regarding the Site and App. Currently, our servers do not respond to browser “do not track” signals.

To limit the integration of the Site and App with other related applications, you may disable the application through your setting preferences on the App or delete the applicable application from your mobile device. Deletion of the application may not delete information previously obtained through the related application.

As a condition of purchase of our Services, we may send you Administrative and Promotional emails. We will send you information regarding your account activity and transactions as well as updates about our products and promotional offers. To unsubscribe from our emails or other communication from us or a third party, you may follow the “unsubscribe” link at the bottom of the email. To unsubscribe from text messages or any other mobile messages, you may contact us at: catalystproperformance@gmail.com.

When contacting us, please indicate your name, address, email address, and which form of communication you do not want to receive.

8. Security of Information

We take what we believe to be reasonable precautions and have implemented managerial and technical procedures to try to protect the security of data and information, including personal information. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. You provide your personal information to us at your own risk. You acknowledge that: (1) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (2) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Sites, including personal information, cannot be guaranteed; and (3) any such information and data, including personal information, may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored. We collect, maintain, utilize and disclose your information only as required by law and as described in this Privacy Policy.

Third Party Privacy Policies. This Privacy Policy only addresses the use and disclosure of information we collect from you on our Services. Other websites that may be accessible through our Services have their own privacy policies and data collection, use and disclosure practices. If you link to any such websites, we urge you review the website’s privacy policy. We are not responsible for the policies or practices of third parties.

Public Areas. We may provide areas on our Services where you can publicly post information about yourself, can communicate with others such as discussion boards or blogs, or can review products, restaurants, and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information. We do obtain consent from our users to post their name along with their reviews.

We may provide areas on our Services where you can publicly post information about yourself, can communicate with others such as discussion boards or blogs, or can review products, restaurants, and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information. We do obtain consent from our users to post their name along with their reviews.

9. Retention of Your Personal Information

We keep your personal information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.

10. Contacting Us

Whether you’re a new or loyal customer, marketer, vendor, media member or fan we’d like to stay connected and want to hear from you! Please contact us at: catalystproperformance@gmail.com