Last Revised: 1/2/2017
Handstand provides an online marketplace through the Sites that connects independent personal trainers, fitness experts and other trainers (collectively, “Trainers”) who offer classes/sessions (each a “Workout”) with clients who seek to schedule Workouts with Trainers (“Clients”), a platform for Trainers to list information about themselves and the Workouts they offer and for Clients to schedule and pay for Workouts, and other services offered by Handstand through the Sites (collectively, the “Marketplace Services,” together with the Sites, the Content, as defined in the Terms of Service, and all features and functionality available through the Sites, the “Handstand Platform”). When used herein, the term “user” or “users” refers to Clients, Trainers, and any others that access, use or browse the Handstand Platform.
2. Types of Information We Collect
3. How We Collect Information
4. How We Use Your Information
5. How We Respond to "Do Not Track" Signals
6. Communications with You
7. Information Sharing with Third Parties
9. Protection of Personally Identifiable Information
10. Updating Your Information
11. Notice of Privacy Rights of California Residents
2. TYPES OF INFORMATION WE COLLECT
We may collect personally identifiable information and non-personally identifiable information about you. Personally identifiable information refers to your name and contact information, and any other information that is maintained in a manner that links the information to your name or contact information. Non-personally identifiable information refers to information that does not personally identify you as the individual to whom the information relates, such as information that is aggregated by Handstand or a third party, or information that is not linked to your name or contact information or other information that would identify you as the individual to whom the information relates.
We may collect information about you that you provide to us or the Handstand Platform (e.g., information that you provide in connection with your registration for and use of the Handstand Platform and information that you provide in connection with your interactions with Handstand, Trainers, Clients or other users of the Handstand Platform). This may include information such as first and last name, email address, home address, telephone number, username and password, information regarding the Workouts that you schedule, information that you provide relating to participants of any Workouts, billing information, credit card or debit card information, bank account and routing numbers, dates of birth, transaction history, Workout history, your profile for your account, information about your Workout or Workout preferences, the location where you choose to have your Workouts, names and email addresses of third parties you invite to split the fees for a Workout with you, your User Content, defined below, and other non-public information that you may provide. Trainers may provide Handstand with additional personally identifiable information such as years of experience, the geographic location where the Trainer would be willing to conduct a Workout, availability for Workouts, and additional information about the Trainer.
We also may automatically collect certain information about your computer or device hardware and software and your use of the Handstand Platform. This may include information such as your IP address(es), usage statistics, browsing and navigational history when accessing or using the Handstand Platform, content you access, view, click on or search for when using the Handstand Platform and the length of time for which you view same, general geographic location such as the city from which your computer or device is connecting to the Internet, precise geographic location of your device if you are using a mobile app, webpages requested and visited, timestamps, cursor navigation, sites you visit prior to and after accessing the Handstand Platform, type of computer or device from which you access the Handstand Platform, type of operating system you use on your computer (e.g., Microsoft Windows or Mac OS) or device (e.g., iOS or Android) to access the Handstand Platform, the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), the domain name of your internet service provider, as well as other information regarding your sharing of content.
In addition, we may collect information regarding your Internet location if and when you see Handstand ads and whether you click on such ad, and information regarding your age, gender, zip code, occupation, preferences, interests, favorites, survey responses, whether a third party has accepted your invitation for them to split fees for a Workout with you, and other public or non-public information about you that we may acquire through the collection methods described below.
To the extent that any of the above information is maintained, used or shared by Handstand in a manner that associates it with your name, contact information or other personally identifiable information, it will be treated as personally identifiable information; otherwise, such information will be treated as non-personally identifiable information.
3. HOW WE COLLECT INFORMATION
We may collect personally identifiable and/or non-personally identifiable information about you during your online and offline interactions with Handstand and the Handstand Platform, such as when you:
• Access, use or browse the Handstand Platform;
• Register for a Handstand account through the Handstand Platform, modify your account information and create or modify your account profile;
• Schedule a Workout or subscribe to a monthly membership plan;
• Sign up to receive announcements, emails or newsletters;
• Contact, communicate with or otherwise interact with Handstand or its personnel via email, the Handstand Platform, fax, telephone, or by other means whether online or offline;
• Contact, communicate with or otherwise interact with Clients, Trainers, or other users of the Handstand Platform;
• Invite others to split the fees for a Workout with you, or receive an invitation to split the fees for a Workout;
• Order or request products, literature, services or other information during your use of the Handstand Platform, via email, fax or other online or offline means;
• Submit, post or transmit any User Content;
• Apply for a job at Handstand; or
• Register, enroll or participate in any surveys, questionnaires, promotions, or any other services, events or activities online or offline sponsored by Handstand or third parties, or offered in connection with the Handstand Platform ("Activities").
We may obtain personally identifiable and/or non-personally identifiable information from third parties such as the owners or operators of the websites or applications where our advertisements appear (some of which may partner with Handstand or with an advertisement network used by Handstand), our service providers, affiliates, suppliers, vendors, distributors, other users of our Handstand Platform (e.g., Trainers or Clients), Activities partners and sponsors, and other sources (e.g., offline records or publicly available information). Trainers that you schedule Workouts with may also have the ability to record information about you or information relating to your Workout through the Handstand Platform, and to share that information with you. Non-personally identifiable information also may be obtained by these other sources from inferences based upon the sites you visit; third party data; information you share on other sites, social media platforms and applications; or demographics derived from profiles or accounts that you create. We may combine personally identifiable information we collect with information that we obtain from these sources. We will treat any such combined information as personally identifiable information.
Handstand automatically receives and records non-personally identifiable information on our server logs from your browser as well as through other analysis of the Handstand Platform. We also may collect information using cookies, web beacons, pixels, gifs, tags or similar technologies ("Collection Technology"), or through third parties using similar technologies. Collection Technology may operate as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. When you access or use the Handstand Platform, your web browser may use Collection Technology to better enable you to navigate the Handstand Platform during your visit and upon your return. You may use the Handstand Platform even if you choose to reject or delete certain Collection Technology. Collection Technology also may be used by other websites for which a link is placed on the Handstand Platform. If you are logged in to your Handstand account certain information regarding your use of the Handstand Platform that would not otherwise be personally identifiable may become personally identifiable.
4. HOW WE USE YOUR INFORMATION
We may use the information we collect:
In addition to the uses discussed above, Handstand may use non-personally identifiable information in any manner in its de-identified or aggregated form. These uses may include, without limitation, analysis of website trends and how the Handstand Platform are used; improving navigation of the Handstand Platform; analysis of the performance of the Handstand Platform and diagnosis of problems; analysis and developing advertisements and advertising campaigns; and providing you with special offers and promotions and determining the effectiveness of same.
Handstand also may use your non-personally identifiable information to present you with targeted content and advertisements (including on third party websites and applications). Such targeted content and advertisements may include marketing for the Handstand Platform, the products or services of Handstand or its business and advertising partners, and Activities. Your non-personally identifiable information also may be used to optimize and determine the effectiveness of content and advertisements, and to analyze interactions with content and advertisements.
Some of Handstand's third party partners may participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising or the Network Advertising Initiative Consumer Opt-Out, which allow consumers to opt-out of targeted advertising based on web activity tracking. For more information regarding the foregoing, please visit www.aboutads.info/choices/ and www.networkadvertising.org/choices/#completed. Please note that even if Handstand’s third party partners participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising or the Network Advertising Initiative Consumer Opt-Out, if you opt out of targeted advertising based on web activity tracking, you still may receive standard advertisements from us and targeted advertisements from third parties after clicking the link and following the instructions provided therein. You may need to re-click the links and follow the instructions provided again if you delete cookies or other Collection Technology or use a different computer, device or browser.
5. HOW WE RESPOND TO "DO NOT TRACK" SIGNALS
Handstand does not alter the practices detailed herein based upon your selection of the "Do Not Track" setting or other "opt out" setting or feature that may be offered by your browser; however, Handstand reserves the right to do so in the future without notice to you.
6. COMMUNICATIONS WITH YOU
You authorize Handstand to transmit email or postal mail to you, text you, or to telephone you. If we send any emails to promote our services, unsubscribe instructions will be included in each such promotional email from Handstand to the extent required by law. Please note that unsubscribe requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your dealings with Handstand, Scheduled Workouts, the Handstand Platform or technical information about the Handstand Platform.
CLIENTS WHO BOOK A WORKOUT AUTHORIZE THE TRAINER FOR THE WORKOUT TO CONTACT THE CLIENT ABOUT THE WORKOUT BY EMAIL, POSTAL MAIL, TEXT AND TELEPHONE. TRAINERS WHO ACCEPT A WORKOUT, AUTHORIZE THE CLIENT WHO BOOKED THE WORKOUT OR THE OTHER WORKOUT PARTICPANTS TO CONTACT THE TRAINER ABOUT THE WORKOUT BY EMAIL, POSTAL MAIL, TEXT AND TELEPHONE.
7. INFORMATION SHARING WITH THIRD PARTIES
Handstand may disclose the information it collects to third parties, including (i) to merchants and vendors engaged for the purpose of managing, administering or executing an Activity; (ii) for purposes of outsourcing one or more of Handstand’s functions to service providers who work on behalf of or with Handstand, including, without limitation, agents, vendors, software licensors, merchants, advertisers, consultants and affiliates; (iii) to confirm or update information provided by you; (iv) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Handstand’s business or operations (including, without limitation, in connection with bankruptcy or any similar proceedings); (v) to its business partners and co-sponsors of Activities or partners for our and their internal purposes; or (vi) as otherwise authorized or permitted by you.
Handstand will not share your health or financial information with third parties for their direct marketing purposes, unless you provide your affirmative consent for Handstand to share such information. Handstand may share all other personally identifiable information it collects with Handstand’s business partners, vendors or other third parties for their direct marketing purposes.
If you are a Client and submit, transmit, post or select information relating to a Workout or your Workout preferences through the Handstand Platform or other interaction with Handstand, such information may be shared with Trainers (“Workout Preferences”). Information regarding Client’s past Workouts and information from Client’s profile may also be available to the Trainer you schedule a Workout with and the Trainers of your future Workouts. Trainers’ availability, Workouts offered and other Trainer information may also be available to users of the Handstand Platform.
We also may share your information in response to a subpoena, legal order or official request, when we believe you have acted in violation of the Terms of Services or supplemental terms and/or policies of Handstand, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or to exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety of Handstand or others, or as otherwise permitted or required by law.
Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with third parties, advertisers and/or business partners to analyze the Handstand Platform’s usage or demographics, or improve our content or services, improve our user experience, or for similar purposes. When sharing non-personally identifiable in such a manner we will ask our contracting parties to agree to keep the data in its de-identified form.
The Handstand Platform also may contain plugins for social media websites, such as Facebook, Twitter, and LinkedIn. We recommend reviewing the privacy policies with respect to the plugins for each of these websites, prior to clicking on such plugins.
From time to time, portions of the Handstand Platform may include features that enable you to send information, materials, emails, invitations to split fees for Workouts, and other types of messages or notices to Handstand or to others users of the Handstand Platform, create a profile in connection with your account accessible to other users of the Handstand Platform or the public, submit reviews, opinions, biographical information and other content that others may be able to access or view, or to make other information, materials or submissions available on or through the Handstand Platform (“User Content”). Although we are under no obligation to do so, we have the right to review any and all User Content, for any purpose, including, without limitation,to enforce our Terms of Service and or supplemental terms and/or policies of Handstand. Also, remember that some types of User Content are open to other users of the Handstand Platform or the public, and, therefore, may be seen by anyone, may be indexable by search engines, are not protected by us or any other entity, and may be collected and used by others. Please use your discretion when deciding whether and what to transmit, submit or post through the Handstand Platform and whom to contact and message.
9. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION
Handstand uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of personally identifiable information. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Handstand to intercept or access transmissions or private communications unlawfully. While we strive to protect personally identifiable information, neither Handstand nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.
By using the Handstand Platform, or by submitting your personally identifiable information to Handstand online or offline, you expressly consent to the storage and processing of your personally identifiable information in the United States or other jurisdictions, in accordance with applicable laws in those jurisdictions.
10. UPDATING YOUR INFORMATION
You are responsible for keeping your information current. You may update your information through your account or by contacting us at info.handstandapp.com. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Handstand’s internal reporting, processing and retention policies and all applicable legal obligations.
11. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident and have provided personally-identifiable information to Handstand, you may be entitled by law to request certain information regarding disclosures of personally-identifiable information that may have been made by Handstand to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year ("Disclosure Request"). To make such a Disclosure Request, please send an email to email@example.com . In the Disclosure Request, specify that you seek your "California Customer Choice Privacy Notice." Please allow thirty (30) days for a response. Handstand is not required to respond to more than one Disclosure Request per customer each year, or to respond to requests made by means other than through the contact information designated above for such purposes.