Modified: August 11th, 2022

• Introduction 

The privacy policy (“Privacy Policy”) is meant to help you understand what information we collect, why we collect it, what we do with it, and how you can update, manage, and delete your information. This Privacy Policy applies to all sensitive identifiable information (“Personal Information”) collected or submitted to Impact Element LLC. (“Impact Element,” ”We,” “Us,” and “Our”) through services offered or made available by Impact Element including without limitation to our website, online training software, workout programs, performance programs, one to one training, group training, and consulting on all platforms (collectively, “Services”). 

1. Impact Element is committed to guarding your privacy and the protection of your Personal Information disclosed or provided to Impact Element on or through our Services. This Privacy Policy is incorporated into and is subject to the Impact Element Terms of Service. Your use of the Service and any personal information you provide is subject to the Impact Element Terms of Service. 
2. Impact Element reserves the right to, at its sole discretion, amend this Privacy Policy at any time and without notice, the most current version of which shall be available here. You acknowledge and agree that your continued use of the Services, following any amendment of this Privacy Policy, shall signify your assent to, and acceptance of, such amended terms and conditions. If you do not agree to any term or condition of this Privacy Policy, or any subsequent amended term or condition thereof, you may not be able to use all of our Services.

• Information we collect

1. Personal Data we may collect:
   1. Identification and contact data: Full name, phone number, physical address, IP address and email address;
   2. Financial Information: credit card details, account details, payment information;
      1. We may collect billing and other financial information in order to process payments in connection with our Services. 
   3. Demographics (e.g.  preferences and interests)
   4. Health-related Information
      1. We may collect some health related information through proper screening measures (e.g. PAR-Q+) to determine if you should see a doctor before participating in exercise (as defined in the Terms of Service).
   5. User Content
      1. You may choose to provide additional information to improve your experience for Trainees’ or Trainers’ experiences which may be in any form, such as text, images, sound, and/or videos. You may also choose to provide additional information to us, such as participating in a poll, survey, or otherwise provide feedback on our Services.
2. Non-Personal Data
   1. Commercial Information
      1. We may collect information about our Services we provide to you and about features and transactions you make with us, information about purchases, what has been provided to you, when and where, if applicable, how much you paid, and similar information
   2. Inference Information 
      1. Information used to create a profile about you reflecting your preferences, market segments, likes, favorites and other data or analytics provided about you or your account by a Trainer, Impact Element Customer, social media companies or data aggregators, including household data, the products and services you use or intend to use or purchase, and your interests.
   3. Other relevant information for customer surveys and/or offers

HIPAA: Please note that neither Impact Element nor our Services are regulated by the United States federal privacy, security, or breach notification rules of the Health Insurance Portability and Accountability Act (“HIPAA”). Consequently, when using the Services you will not receive the protections of HIPAA in connection with your Personal Information.

• How we use your information

The legal bases for our processing of Personal Information are primarily that the processing is necessary for providing and supporting our Services for which you, as a “Trainee” or “Impact Element Client” as defined in the Terms of Service, have entered into a contract, and that the processing is carried out in our legitimate interests, which are further explained below. Without limiting the generality of the foregoing, Impact Element may on occasion, in specific circumstances, ask you to consent when we intend to collect or use your Personal Information. As explained above, without such information, Impact Element will not be able to provide you with our Services.

1. Personal Data. We may use your Personal Data to:
   1. Provide our Services;
   2. Resolve disputes, calculate and collect fees, and troubleshoot problems;
   3. Verify your identity and the information you provide;
   4.  Encourage a safe online experience and enforce our policies as stated in the Terms of Service;
   5. Customize your experience and analyze usage of, improve and measure interest in, and inform you about our Services;
   6. Provide you with information that may affect your use of our Services;
   7. Communicate marketing and promotional offers;
   8. Provide customer service, including receipts;
   9. Develop new products; and
   10. Perform certain other business activities.
2. Non-Personal Data. We may use your Non-Personal Data for any purpose, including, but not limited to:
   1. Measuring traffic patterns;
   2. Understanding demographics, customer interest, customer preference and other trends among users;
   3. Providing, improving, and modifying our Services; and 
   4. For promotional and marketing purposes.

• Who has access to the information we collect?

Your Personal Information may also be received and/or used by authorized third parties. This Privacy Policy does not cover Personal Information that may be collected from you by third parties (e.g., fitness assessment results, payment information) and Impact Element is not responsible for the actions of third parties with respect to your Personal Information. We process and access your data as described above through the help of these third parties that have the digital infrastructure that we do not and without whom we would be unable to provide our Services. 

1. Financial transaction processors (processing your payments)
2. Customer service communication platform
3. Contest and survey platform
4. Email communication manager
5. Marketing funnel providers
6. Website management services
7. Website design and programming services

We highly encourage you to review the privacy policies of all our third-party service providers, see 7(c) below, prior to utilizing the features provided by them.

• How do you get my consent?

1. 1. 1. When you provide us with personal information to become a Trainee or Impact Element Client on our site, make a purchase, or participate in a program, you imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. 

• How do I withdraw my consent?

1. 1. 1. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@theimpactelement.com

• Third Party Services

1. 1. 1. In general, the third-party service providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
      2. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. 
      3. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. For example, Impact Element may notably share your Personal Information with the following service providers:
         1. Trainerize, if you choose to become a Trainee or Impact Element Customer your workout data and programming will be connected and delivered through Trainerize online software. Trainerize’s privacy policy can be found at https://www.trainerize.com/privacy 
         2. MyFitnessPal, if you choose to link to provide nutrition and workout data to Trainerize. MyFitnessPal’s privacy policy may be found at https://www.myfitnesspal.com/privacy-policy
         3. FitBit, if you choose to link to provide data collected by one or more FitBit devices or other data provided to the FitBit application. FitBit’s privacy policy may be found at https://www.fitbit.com/global/us/legal/privacy-policy
         4. Withings, if you choose to link to provide data collected by one or more Withings devices or other data provided to the Withings Healthmate application. Withings’ privacy policy may be found at https://www.withings.com/us/en/legal/privacy-policy
         5. Garmin, if you choose to link to provide data collected by one or more Garmin devices or other data provided to the Garmin Healthmate application. Garmin’s privacy policy may be found at https://www.garmin.com/en-US/privacy/global/
         6. Stripe, for payments. Stripe’s privacy policy may be found at https://stripe.com/privacy
         7. Quickbooks Online, for payments. Quickbooks privacy policy may be found at https://www.intuit.com/privacy/ 
         8. Convertkit, for transactional and marketing emails. Convertkit’s privacy policy may be found at https://convertkit.com/privacy 

• Cookies and Similar Technologies

1. 1. 1. We use cookies to track you. This means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual.
      2. We use cookies to recognize and provide you with a personalized experience. We also use cookies to attribute visits to our websites to third-party sources and to serve targeted ads from Google, Facebook, Instagram and other third-party vendors. We may also use automated web analysis and tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement through anonymous session information.

• Legal Disclosures of Personal Information

1. 1. 1. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us, (2) protect and defend our rights or property or (3) act under exigent circumstances to protect the safety of the public or users of the site.

• DMCA Disclosures

1. 1. 1. We comply with the Digital Millennium Copyright Act of 1998. As part of the compliance process, we may be required to disclose whatever information we have for you to a copyright holder who has submitted a complaint to us as a matter of law.

• Security Measures

1. 1. 1. We have security measures in place such as Secure Sockets Layer protocols to prevent the loss, misuse, and alteration of the information that we or our vendors obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration. If we suffer a data breach, we will provide you with the appropriate breach notification given jurisdiction and FBI requirements.

• Third Party Websites

1. 1. 1. We link to other sites, but please keep in mind that we do not control the privacy policies of those sites. Make sure to review the policies of any such sites before providing your personal information.

• Sale of Business

1. 1. 1. Should we sell this site or our business, your personal information will be an asset transferred to the new owner.

• Contact Us

If you have any questions about this Privacy Policy, please contact us at info@theimpactelement.com