Website Privacy Policy
Your privacy is important to Present Tense Fitness, LLC. Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.
1. Who We Are
Present Tense Fitness, LCC (doing business as Present Tense Fitness) collects, uses and is responsible for certain personal information about you.
2. Children’s Online Privacy Protection Act
This website and any products and services offered herein are not intended for persons under the age of 13. Present Tense Fitness does not knowingly collect information from anyone under 13 years of age. Present Tense Fitness prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Present Tense Fitness will not knowingly collect personally identifiable information from children under 13. If Present Tense Fitness learns it has any information or content from anyone under the age of 13, it will delete that information.
3. The Personal Information We Collect and Use
a. Information Collected by Us
Present Tense Fitness may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact Present Tense Fitness via an online form or e-mail]. The information collected may include your name, e-mail, address, phone number, occupation and/or billing information. You are not required to provide any personally identifiable information to merely access or visit this website.
Present Tense Fitness may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website performance, track user patterns, save information from your previous visits and customize your experience. We will ask for your consent to allow us to use cookies. Present Tense Fitness or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. Present Tense Fitness’ systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet.
If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.
b. Information Collected from Other Sources
We also obtain name, email and phone number from other sources, such as Acuity Scheduling when you schedule an online appointment.
c. How we use your personal information
Present Tense Fitness collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
d. Who We Share Your Personal Information With
Present Tense Fitness respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.
We do, however, share name, e-mail, address, phone number and/or billing information with our scheduling software, credit card processors and email providers.
This data sharing enables us to answer inquiries, schedule sessions and collect payments. Those third-party recipients are based outside the European Economic Area — for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.
Present Tense Fitness may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.
If you give Present Tense Fitness your permission, it may also use personal identification information for internal or external marketing and promotional purposes.
On occasion, Present Tense Fitness may collect personal identification information from you in connection with optional contests, special offers or promotions. Present Tense Fitness will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.
We will not share your personal information with any other third party.
e. Whether Information Has to Be Provided by You and Why
The provision of name, email address and billing information is required from you to enable us to provide personal training services. We will inform you when we collect it whether you are required to provide the information to us.
f. How Long Your Personal Information Will Be Kept
We will hold all non-client personal data until you let us know you would like for us to delete it or unsubscribe from our marketing contacts, which you are free to do at any time. We will hold all client and customer personal data in our files for six years.
g. Reasons We Can Collect and Use Your Personal Information
Present Tense Fitness collects and uses your personal information for the following lawful bases to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
4. Use and Transfer of Your Information Out of the EEA
This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States. If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.
If you would like further information, (see “How to contact us” below. We will not otherwise transfer your personal data outside of the United Kingdom OR EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
5. Your Rights
If you want to unsubscribe from receiving e-mails from Present Tense Fitness, you may do so at any time. Each e-mail from Present Tense Fitness includes instructions for unsubscribing from these e-mail communications.
If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:
• Fair processing of information and transparency over how we use your use personal information
• Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
• Require us to correct any mistakes in your information which we hold
• Require the erasure of personal information concerning you in certain situations
• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• Object at any time to processing of personal information concerning you for direct marketing
• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• Object in certain other situations to our continued processing of your personal information
• Otherwise restrict our processing of your personal information in certain circumstances
You may also have the right to claim compensation for damages caused by our breach of any data protection laws.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ .
If you would like to exercise any of those rights, please:
• Email, call, or write to us
• Provide us enough information to identify you (e.g., name, email address)
• Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill)
• Provide us with the information to which your request relates.
6. Keeping Your Personal Information Secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.
Please note that any comments or information that you post on the website, including social media pages, become public and third parties may use your information. Present Tense Fitness is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.
7. Links to Other Sites
You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. Present Tense Fitness is not responsible for or liable for any content on or actions taken by such third-party websites.
8. How to Complain
We hope that we can resolve any question or concern you raise about our use of your information.
If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
9. Changes to This Privacy Notice
This policy is effective as of July 7, 2019. We may change, modify or update this Privacy Policy at any time and will notify you of any such changes by email or postal mail.
10. How to Contact Us
If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact Jason Harrison, Owner at jason@presenttensefitness.com or 222 E Sixth Street, Dayton, Ohio 45402, USA.
11. Do You Need Extra Help?
If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).
Policy Last Updated July 7, 2019.