Last Updated: August 22nd, 2017
“Personal Information,” as used in this Policy, is information that specifically identifies an individual, such as an individual’s name, address, telephone number, or e-mail address. Personal Information also includes information about an individual’s activities, such as information about his or her activity on our Service, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual.
Personal Information does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
Collection of Information
Collection of Voluntarily-Provided Information
We collect Personal Information that our users provide to us in a variety of ways on our Service. These include the following:
Making Payments. When you make payments through the Service, you may need to provide financial account information, such as your credit card number, to our third-party service providers. We do not collect or store such information, though we may receive information about completed transactions that does not include credit card or bank account numbers.
Sensor Monitoring and Usage Data. We collect certain information through your use of the Motion Sensor devices connected to the Service, such as information about your physical activity.
E-mail Newsletters. We may offer e-mail newsletters from time to time on our Service. If you sign up to receive a newsletter from us, we collect your e-mail address.
User Accounts and Profiles. We will collect the Personal Information that you provide to us in the course of registering for an account or creating or updating a user profile. This information may include, for example, name, postal address and zip code, telephone number, e-mail address, and demographic information about you such as height and weight. We may indicate that some Personal Information (such as your zip code) is required for you to register for the account or to create the profile, while some is optional. You may also complete additional profile information, such as when you plan and log your workouts and stats, upload photos and videos, track skill and workout progress, and submit information to receive a personality profile report.
Interactive Features. A third party service may contain interactive functionality that allows you to engage with other users on their service, such as to: schedule workouts with coaches; post comments to forums or directly to other users; upload photographs and other content (the “User Materials”); participate in surveys or questionnaires posted by us or by coaches or other users; and otherwise to interact with their service and with other users. If you use any interactive functionality on third party service that request or permit you to provide us with Personal Information (including, for example, any services that allow you to post User Materials on any of our Service), we collect the Personal Information that you provide to us in the course of using these interactive features.
Correspondence. If you contact us by e-mail, using a contact form on the Service, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence.
Passive Information Collection
When you visit our Service or open our emails, we and our third-party service providers may collect certain information by automated means, such as cookies, web beacons and web server logs. The information collected in this manner includes IP address, browser characteristics, device IDs and characteristics, operating system version, language preferences, referring URLs, and information about the usage of our Service. We may link this data to your profile. You may be able to change browser settings to block and delete cookies when you access the Service through a web browser. However, if you do that, the Service may not work properly. Our ad networks and analytics service providers may also collect information about your use of other websites and online services over time, if those websites and online services also use the same service providers. We may use Google Analytics to collect and process certain website usage data. To learn more about Google Analytics and how to opt out, please visit www.google.com/policies/privacy/partners/.
We use passively-collected information to administer, operate, and improve the Website and our other services and systems, to improve the effectiveness of advertising on our Service, and to provide advertisements and other content that is tailored to you.
Information from Other Sources
We may receive information about you, including Personal Information, from third parties, and may combine this information with other Personal Information we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format.
Use of Personal Information
We also use Personal Information of our users for the provision, evaluation, development, and marketing of the Services and Hitting Pros’ other products and services and such Personal Information may be shared with Hitting Pros business partners to assist it with such matters.
We may send push notifications to your mobile device if they are enabled, to verify your account and for informational and operational purposes, such as account management, instructions, alerts, reminders, customer service, system maintenance, and other Service-related purposes.
We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We will use the health-related information obtained via Apple Health to provide the Service, but not for advertising or any use-based data mining purposes. We allow you to opt-out from receiving marketing communications from us as described in the “Choice” section below.
We analyze the information we collect to provide our products and services, such as providing trend and visualization reports to you. We may also de-identify and/or aggregate information, and use and disclose it for business purposes.
Disclosure of Personal Information
Except as described in this Policy, we will not disclose your Personal Information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
We may disclose Personal Information to third-party service providers (e.g., payment processing and data storage and processing facilities) that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of Hitting Pros’ assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
We may disclose and share Personal Information of our users with any third party, including without limitation colleges, major and minor league sports leagues, teams and each of their affiliated entities and scouting organizations for scouting and player evaluation purposes, and the use, disclosure, and retention of Personal Information disclosed in this manner will be subject to their policies and practices.
To Protect our Interests
We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Service and other users of the Service.
We may disclose aggregate, non-personally identifiable location information to assist third parties, such as our partners and original equipment manufacturers, in understanding our users’ interests, habits, and usage patterns.
We may allow access to data collected by the Service to enable the delivery of personalized online advertising on other websites and online service, or to send you information we think may be useful or relevant to you.
You may be able to opt out of receiving personalized online advertisements from advertisers or advertising networks who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations. Links to those sites are here:
Network Advertising Initiative: http://www.networkadvertising.org/choices/
Digital Advertising Alliance: http://www.aboutads.info/choices/
When you opt out of personalized advertising, you may continue to see our ads on other Internet websites and online services.
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at email@example.com or by writing to us at the address given at the end of this policy. Additionally, if we offer user account functionality on the Service, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Service.
If we offer the ability to create user accounts or profiles on our Service, you may have the ability to access and update many categories of Personal Information that you provide to us by logging in to your account and accessing your account settings. If you wish to access or amend any other Personal Information we hold about you, you may contact us at firstname.lastname@example.org.
If you request that we delete your account on any of our Service (via a user settings page, by e-mail, or otherwise), we will do so within a reasonable period of time, but we may need to retain some of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
The Service may contain links to other Web sites, products, or services that we do not own or operate. For example, the Service may contain links to third-party merchants from which users may purchase third party products that are advertised on the Service. The Service also may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the Service may contain links to Web sites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any Web site or service you visit other than the Service before providing any Personal Information on them.
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Service is not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If we learn that we have collected Personal Information from a child under the age of 13 on our Service, we will promptly delete that information. If you believe that we may have collected any such Personal Information on our Service, please notify us at email@example.com.
Our servers and data centers are located in the United States. If you choose to use the Service from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
We use reasonable security measures that are designed to protect Personal Information from accidental loss, disclosure, misuse, and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.
Updates to this Policy
We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of our Service after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose Personal Information.
If you have any questions or comments about this Policy, please contact us using the following contact information:
9121 Atlanta Ave Ste. 826
Huntington Beach, CA 92646