Last Updated: April 24, 2020
- New Uses of Personal Information. Before we use personal information for any new purpose, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the User for the processing of personal information is required by law or contract, TSMA will endeavor to comply with the law or contract.
- Types of information we collect
The types of personal information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with TSMA and the requirements of applicable law. Some of the ways that TSMA may collect personal information include:
- You may provide personal information directly to TSMA through interacting with the Services, entering promotions or sweepstakes, and requesting information.
- As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
TSMA collects personal information from its current, prospective, and former members, registered users, and TSMA Site visitors (collectively “Users” or “User”).
- Information You Provide Directly to Us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with TSMA, purchasing TSMA products or Services from us, using our fitness equipment or participating in a studio class live or via our subscription services, we may ask you to provide some or all of the following types of information
- Purchases. Personal information is collected when you make purchases made through tigear.com or other third party links on the TSMA Site. Such information collection is governed by the privacy policies of those third party sites; we encourage you to read them before using those third party sites.
- User Profiles and Publicly Visible Information. Certain portions of the Services may allow submission of User Content. User Content and associated user names are visible to other TSMA users will access to such portions of the Services. YOU MUST NOT USE PERSONALLY IDENTIFYING INFORMATION OF ANY MINOR IN YOUR USERNAME, USER CONTENT, OR OTHER PUBLICLY VISIBLE CONTENT YOU POST TO THE TSMA SITE. We urge you to use caution when you submit User Content in portions of the Services that are visible to other users.
- Communications with Us. We may collect personal information from you such as your email address, phone number, or mailing address when you choose to request information about our Services, register to receive TSMA communications over email or text messaging, participate in promotions or sweepstakes, request to receive member or technical support or otherwise communicate with us.
- Surveys and Reviews. From time to time, we (or third parties acting on our behalf) may contact you to participate in surveys or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include personal information. All information collected from your participation in our surveys, reviews, or testimonial process is provided by you voluntarily. We may use such information to improve the TSMA Site and/or Services.
- Location Information. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address and billing address (if applicable). We may use this type of information to improve the Services or to better understand your interaction with our Services. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location features in the operating system of your device.
- Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. For more information on Automatic Data Collection, please see Section 5.
- Information Submitted Via Services. You agree that TSMA is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or Services. TSMA will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or (c) we are required to do so by law.
- Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through a third party application or social media sites such as Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through social media accounts may include your name, your social media site user identification number, your username, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to TSMA and to enhance your experience with the Services.
- How we use information we collect
To Provide Services or Information Requested. TSMA may use information about you to fulfill requests for Services or information, including information about potential or future services, and including to:
- manage Users’ information and accounts;
- respond to questions, comments, and other requests;
- provide access to certain areas, functionalities, and features of TSMA’s Services;
- provide Services to you; and
- allow you to register for classes and other offerings.
Administrative Purposes. TSMA may use personal information about you for its administrative purposes, including to:
- measure interest in TSMA’s Services;
- improve the Services;
- verify Users’ identity;
- communicate about Users’ accounts and activities on TSMA’s Services and the TSMA Site;
- Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
- process payment(s) for Services or subscriptions;
- prevent potentially prohibited or illegal activities;
- maintain and administer our Services; and
- enforce our Terms.
Marketing. TSMA may use personal information to provide you with materials about the Services and other offerings that may be of interest, including new content or services. TSMA may provide you with these materials by phone, postal mail, text or email, as permitted by applicable law. Such uses include:
- to notify you about services and other offerings that may be of interest to you or about which you have previously expressed an interest;
- to tailor content, advertisements and offers;
- to provide Services to you;
- for other purposes disclosed at the time that Users provide personal information; or
- otherwise with your consent.
You may contact us at any time to opt-out of the use of your personal information for marketing purposes, as further described in Section 9 below.
Users who provide us with personal information, or whose personal information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on TSMA’s or our business partners’ products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost to the User by following the instructions in Section 9 below.
Anonymous and Aggregated Information Use. TSMA and its third party partners may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access TSMA’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not personal information, and TSMA may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within TSMA and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Sharing Content With and About Friends. TSMA may allow you to provide information about your friends through our referral services, such as “Refer a Friend.” Our referral services may allow you to forward or share certain content with a friend, such as an email inviting your friend to use our Services. Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be used by TSMA for any other purpose. Prior to providing your friend’s information, you should verify that your friend consents to receive the communication.
Other Uses. TSMA may use personal information for purposes in which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide personal information or with your consent.
- Cookies, pixel tags/web beacons, interest-based advertising, and analytics information
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you choose this option, the TSMA Site and/or Services may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the TSMA Site that collects information about users’ engagement on that web page, e.g., that a user has visited a particular web page or clicked on a particular advertisement.
- Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics our Services and to develop new Content or Services. This analytics data is not connected to any personal information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of the Technologies fall into the following general categories:
- Operationally Necessary. We may use Technologies that are necessary to the operation of the TSMA Site, Services, applications, and tools. This includes Technologies that allow you access to the TSMA Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions;
- Performance Related. We may use Technologies to assess the performance of the TSMA Site and Services to help us understand how our visitors use the TSMA Site, determine if you have interacted with our messaging/marketing, determine whether you have viewed an item or link, or to improve the TSMA Site, Content, or Services;
- Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using the TSMA Site and Services. This may include identifying you when you sign into the TSMA Site or keeping track of your specified interests or past Content viewed so that we may enhance the presentation of content on the TSMA Site;
- Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver Content, including advertising relevant to your interests, on the TSMA Site or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and Content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt out of the Technologies we employ on the TSMA Site, the Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 9 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of the TSMA Site and Services, and may prevent you from being able to access certain Content or functionality.
- Third party websites and social media platforms
The Service may contain links to third party websites, and such websites may reference or link to the TSMA Site or other Services. These other domains and websites are not controlled by us, and TSMA does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of every website with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of, such other websites. Visiting other websites is at your own risk.
The Services may contain links and interactive features with various social media or other platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that personal information that you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.
- Information we share
- Business Partners. TSMA may share personal information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. TSMA may also provide personal information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with TSMA’s name.
- Information Visible to Other Users. The content you post to publicly-visible portions of the Services, or portions of the Services visible to other registered users, are visible to such users. Other users of the Services may be able to see some information about you, such as your username, if you submit a review or provide a testimonial to the TSMA Site. We are not responsible for the privacy practices of the other users who view and use posted information.
- Marketing – Interest-Based Advertising and Third-Party Marketing. TSMA may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on the TSMA Site (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-TSMA related websites within their networks. We may allow access to other data collected by the TSMA Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” If you prefer that we do not share your personal information with third party advertising partners, you may opt out of such sharing at no cost by following the instructions in Section 9 below.
- Disclosures to Protect Us or Others (e.g., as Required by Law). We may access, preserve and disclose your personal information, other account information and content if we believe it is required or appropriate:
(i) to comply with law enforcement or national security requests and legal process, such as a court order or subpoena;
(ii) to respond to your requests;
(iii) to protect yours, ours or others’ rights, property or safety;
(iv) to enforce TSMA policies or contracts;
(v) to collect amounts owed to TSMA;
(vi) to comply with records retention policies;
(vii) to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
(viii) because it is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify Users in connection with their investigation of the unauthorized activities.
- International data transfers
You agree that all personal information collected via or by TSMA may be transferred, processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your personal information may be accessible to law enforcement or other authorities as described above. By providing information to TSMA, you explicitly consent to the storage of your personal information in these locations.
- Opt out rights; right to object to processing
You have the right to object to and opt out of certain uses and disclosures of your personal information. Where you have consented to TSMA’s processing of your personal information or sensitive information (a subset of personal information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections, such as certain financial or medical information, and personal information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, such as: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the User’s sex life; or (8) information relating to the commission of a criminal offense), you may withdraw that consent at any time and opt-out to further processing by contacting firstname.lastname@example.org. Even if you opt-out, we may still collect and use non-personal information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes.
- Email, text, and telephone communications
You can unsubscribe from email, text and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us or contact us as described in Section 15.
To opt out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws.
We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
- “Do Not Track” preference
Do Not Track is a privacy preference that users can set in certain web browsers. Do Not Track is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor Do Not Track signals or similar mechanisms transmitted by web browsers.
- Cookies and interest-based advertising
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. On many mobile devices, application users may opt out of certain mobile advertisements via their device settings.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
Whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.
- Rights of access to and correction, erasure, and restriction of, data
Although TSMA makes good faith efforts to provide Users with access to their personal information, there may be circumstances in which TSMA is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the User’s privacy in the case in question or where it is commercially proprietary. If TSMA determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, TSMA will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
- How long we keep data
- Security of your information
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
- Governing law and jurisdiction; international users
- Children’s privacy
TSMA encourages parents and guardians to supervise their child’s use of the Internet. We urge parents to instruct their children to never give out their real names, addresses, phone numbers, or other personal information without a parent’s or guardian’s permission when using the Internet. We recognize a special obligation to protect personal information obtained from children and by design do not collect this information. For this reason, TSMA does not knowingly request, collect, or store any personal information from children under 18.
In compliance with COPPA (the Children’s Online Privacy Protection Act), we have adopted the following policies to keep children safe (there are exceptions to these policies as noted below under the heading “Exceptions to Verifiable Parental Consent and Information Collected from Children”):
- We will not knowingly collect, use, or distribute personal information from children under the age of 18 without prior verifiable consent from a parent or guardian.
- We will not knowingly ask a child under the age of 18 to divulge more information than is needed to participate in any aspect of the Services.
- We will not knowingly keep any personal information that is inadvertently included in a child’s email submission, help inquiry, or other one-time request, if we know that the child is under the age of 18. Any such information will be purged promptly after the issue has been resolved.
- We will not knowingly post any personal information that is inadvertently included in a child’s submission to a general audience contribution area if we know that the child is under the age of 18. Upon notice to us, these submissions will be deleted and such submissions will be handled anonymously thereafter.
- We will not knowingly provide any direct link to websites that are unsuitable for minors.
Upon request, TSMA will provide a parent or guardian with a description of the information that may have been provided about their child during a registration process for a program or service of this site. If we have collected and stored personal information from a child, we will give parents the ability to review their child’s personal information, request that we discontinue further collection or use of their child’s personal information, and/or request that we delete their child’s personal information.
PARENTS ARE REQUIRED TO SUPERVISE MINORS’ USE OF THE SITE
We require parents/guardians to supervise any minors participating in any aspect of the Services through the parent or guardian’s account. Minors are not eligible to register accounts on the TSMA Site. We also require that users not use personally identifying information of minors in usernames or other publicly visible portions of the Services, or portions of the Services visible to other registered users. During registration, we ask users whether minors in their households or under their care will be using the Services through the parent/guardian’s account as permitted in the Terms. If users indicate that minors will use the Services through the parent/guardian’s account, we will require the parent or guardian to execute a waiver and release on behalf of him-, her-, or theirself and on behalf of the minor(s).
- Complaints and questions
Tiger Schulmann’s Martial Arts
11555 Heron Bay Blvd.
Coral Springs, FL 33076
Attn: Legal Department