Last Updated June 28, 2018
For the purposes of this Privacy Statement, the terms “Trybal Performance, we, us, and our” refer to Trybal Performance, Inc., and its subsidiaries and affiliates.
Trybal Performance’s data protection officer can be contacted at info@TrybalPerformance.com.
This statement describes the types of information, including Personal Information, collected and processed through Trybal Performance websites, the services delivered via Trybal Performance websites, and how Trybal Performance treats such information. For questions about this Privacy Statement or your Personal Information, please contact info@TrybalPerformance.comor by mail toTrybal Performance, Attn: Privacy, 4500 Williams Drive, Suite 529, Georgetown, TX 78633.
Personal Information also includes Navigational Information or Payment Information where such information can directly or indirectly identify an individual. Navigational information refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Payment information includes data we collect and process payment information from you when you subscribe to a paid service or purchase a product, including credit cards numbers and billing information, using third party PCI-compliant service providers.
Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.
Information that by itself cannot be used to identify you or make you identifiable does not qualify as Personal Information.
- INFORMATION COLLECTED BY TRYBAL PERFORMANCE WEBSITES
Trybal Performance websites gather information in two ways: (1) indirectly (for example, through our site’s technology), and (2) directly (for example, when you, the site visitor, voluntarily provide information on various pages).
The information will be transferred to Trybal Performance Inc.’s servers located in the United States of America (“USA”).
- Information Collected Indirectly
Trybal Performance indirectly collects a variety of information through your interaction with and use of Trybal Performance websites. This information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, content information based on your individual interests, demographic information, geographic or geo-location information, statistical and aggregated information (“Other Information“).
Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users visiting from a particular mobile device. We may link information we store within the analytics software to Personal Information you submit within the website. We do this to improve services we offer you and improve our marketing, analytics and site functionality.
Some types of indirectly collected information are stored in “cookies.” Cookies are small files of electronic information that a website can transfer to a visitor’s hard drive to help that visitor while on the site. There are different types of cookies:
- Strictly necessary cookiesare required for the operation of our website.
- Functionality cookiesare used to recognize you when you return to our website. These cookies simply store a user code so that the user does not have to re-enter their information when re-joining the site.
- Targeting cookiesrecord your visit on our platform and the pages you have visited. We will use this information to make our website more relevant to your interest.
1.1. a. Tracking Data and Third Party Analytics Providers
Website traffic volume and patterns, such as the number of visitors to a given website or page on a daily basis is typically referred to as Tracking Data. This type of indirectly collected information is gathered through various means, such as an IP address. Web servers automatically identify your computer by its IP address. When you visit Trybal Performance Websites, our servers log your computer’s IP address.
For the abovementioned purpose Trybal Performance uses the following Third Party Analytics Providers: Google Analytics.
Google Analytics is a service from Google, Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; hereinafter “Google“) using cookies which are saved on your computer. The information generated by the cookie is transferred to and stored on a Google server (generally) located in the USA. Google uses this information on our behalf in order to analyze the use of our websites. The IP address transferred from your browser through Google Analytics is not merged with other data by Google for profiling purposes.
You can prevent Google Analytics’ collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available here. Further information can be found in the Google Analytics Terms of Service.
Only designated administrators of Trybal Performance can access the information gathered by Google Analytics, and the information is used only for administrative and planning purposes to meet the needs of our users, such as to improve the content of the site and to customize the content and/or layout of the site for individuals or groups of users.
- Cookies for advertising
- Information Collected Directly
Trybal Performance also collects Personal Information and other information that users voluntarily provide. It is entirely your decision to provide the requested information.
Trybal Performance keeps all information directly collected confidential and will only use the information for the particular purpose stated at the point of collection. Trybal Performance will seek your specific permission for any additional use. You may choose to have this information removed at any time. Trybal Performance will never barter, trade, or sell access to your information without your specific consent.
2.1. User Account Data
When setting up an account on the Trybal Performance Website (“User Account“), you may be asked to provide Personal Information including, but not limited to, your name, email address, and your phone number. If you choose to purchase any products, services, courses, access codes or other items for sale by Trybal Performance, you will be asked to provide payment details and your full address for billing purposes.
As a customer/user of Trybal Performance, we may obtain Personal Information about you when you register to use one of our websites or services/products or when you provide feedback about our products or services. The processing is necessary to perform the contract with you according to Article 6 (1) 1 lit. b) GDPR. As a customer/user, we will use your Personal Information, unless otherwise prohibited by law, for the following purposes:
- To provide you with the products and services you request;
- To respond to customer support requests;
- To improve your browsing experience by personalizing the Websites and to improve the subscription service;
- To communicate with you about your account or transactions with us and send you changes to our policies;
- To send information or Trybal Performance content to you which we think may be of interest to you by post, email, or other means and send you marketing communications.
- To provide support including, but not limited to, product updates, and other similar communications.
2.2. Other Personal Information Provided Directly
Personal Information provided by you on Trybal Performance Websites, e.g. via contact forms, or via telephone will be stored in our service database and retained for the period necessary to fulfil our contractual obligations unless a longer retention period is required by law.
2.2.a. Use of Credit Card Information
If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.
2.2.b. Customer Testimonials and Comments
We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.
2.2.c. Social Media Features
2.2.d. External Websites
2.2.e. Compelled Disclosure
We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
- GENERAL INFORMATION ON COLLECTION AND PROCESSING OF INFORMATION
- Correcting and Changing User Information and Preferences; Deletion of User Accounts
If you have given your consent in accordance with Article 6 (1) 1 lit. a) GDPR to receiving e-mail communications from Trybal Performance but wish to withdraw your consent and discontinue this service, you may do so at any time by contacting us, (see also below “Your rights”). In addition, as a registered user, you can change your settings within your User Account by updating your profile settings.
You also have the option at all times to have your User Account deleted for any of the Trybal Performance websites or to request a revision of your user information at any time. To do so, please contact us.
- Information Security
Trybal Performance employees understand the need for user privacy, and we maintain reasonable and appropriate security procedures to protect your information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Information. Access to user data is strictly limited to specific individuals who are trained to respect user privacy. The access given to these employees is restricted to their need for such information for business purposes.
- Third-Party Information Storage
From time to time, we may receive Personal Information about you from third party sources including partners with which we offer co-branded services or engage in joint marketing activities, and publicly available sources such as social media websites.
- Children and Privacy
Trybal Performance encourages parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. Trybal Performance sites do not contain content that is generally considered unsuitable for children. The Websites are not intended for or targeted at children under 16, and we do not knowingly or intentionally collect information about children under 16 If you believe that we have collected information about a child under 16, please contact us at email@example.com, so that we may delete the information.
- Links to Other Sites
Trybal Performance websites may contain links to sites owned and/or operated by other organizations, and the privacy policies of those sites may differ from that of Trybal Performance. These sites may collect data and make use of it in ways that Trybal Performance does not. We encourage you to review the privacy policies posted on all third-party sites.
- Location of Data Collection and Processing and Storage
In personally accessing Trybal Performance websites, you may be submitting Personal Information that Trybal Performance will use for business purposes that are consistent with this Privacy Statement. Your information may be processed in the United States or any other country in which Trybal Performance maintains a legitimate business interest.
How long we keep information we collect about you depends on the type of information as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.
Trybal Performance keeps Personal Information that you provide to us where we have an ongoing legitimate business need to do so (for example, as long as is required in order to contact you about our services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements).
When we have no ongoing legitimate business need to process your Personal Information, we securely delete the information or anonymise it or, if this is not possible, then we will securely store your Personal Information and isolate it from any further processing until deletion is possible. We will delete this information from the servers at an earlier date if you so request.
- Your rights
You may, if governed by the General Data Protection Regulations, object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. When updating your Personal Information, we may ask you to verify your identity before we can act upon your request.
Under the General Data Protection Regulations, regarding the processing of your Personal Information, you have the following rights:
- You can request access, correction, updates or deletion of your personal information.
- You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
- If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information.
To exercise the rights referred to above, please contact us at info@TrybalPerformance.com.
Please note that the processing of your Personal Information may involve advertising activities as described above. If you do not want that we process your Personal Information for direct marketing activities, you can object at any time via email at info@TrybalPerformance.com.
To Unsubscribe From Our Communications
You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, updating your communication preferences, or by sending us email us at info@TrybalPerformance.com. Customers cannot opt out of receiving transactional emails related to their account with us.
As far as we process your Personal Information on the basis of our legitimate interests pursuant to Art. 6 1) lit. f) GDPR, you may object to processing at any time. You may find the description of our processing activities and the legal basis in the sections before. If you object we will no longer process your Personal Information unless there are compelling and prevailing legitimate grounds for the processing or the data is necessary for the establishment, exercise or defense of legal claims. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your Personal Information and decide whether to adjust the processing accordingly.
- Dispute Resolution
If you have any complaints regarding our compliance with this Policy or a Privacy Shield related or general privacy related complaint, you should first contact us. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with this Policy.
Under certain conditions, more fully described on the Privacy Shield website, you have the possibility to invoke binding arbitration when other dispute resolution procedures have been exhausted.
- Policy Updates
This Privacy Statement is Trybal Performance’s promise to its websites users and Users with a registered User Account. Additional information that is particular to specific Trybal Performance sites may exist, and updates to this policy may be posted. For these reasons, we suggest that users who may have specific concerns about the information being gathered and use of that information regularly view the Privacy Statement on each site or subdomain. Trybal Performance reserves the right to change the policy on use of information collected at any time.
- Additional Questions or Comments