Thank you for accessing the DA.fitness website (together with its subdomains and related addresses, “Site”), operated by or on behalf of Pivot Point Complete Fitness LLC, d/b/a Defined Athletics Portsmouth and d/b/a CrossFit Slice (“Defined Athletics Portsmouth,” “we,” “us,” or “our”), a Virginia limited liability company with offices at 5603 High Street West, Suite F in Portsmouth, Virginia in the United States of America.
We respect children’s privacy will not knowingly or intentionally collect Personal Data from children under age 13. If you are under the age of 13, please do not submit any Personal Data to us, and rely on a parent or guardian to assist you. If you have reason to believe we might have any Personal Data from or about a child under age 13, please contact us immediately at email@example.com.
- While accessing certain parts of the Site, and before you are able to place an order through the Site, you may be prompted to complete an online registration form in order to create a user account. During the registration process, you may be prompted to provide to us with certain Personal Data, including but not limited to your name, billing and shipping address(es), phone number, and e-mail address. In certain cases, we may also ask you for your country of residence and/or your organization’s country of operation in order for us to comply with all applicable laws and regulations. These kinds of Personal Data are used for billing purposes, to process and fulfill your order, to communicate with you about your order or your use of the Site, to provide you with services offered on or through the Site, and for internal and marketing purposes.
- In order to apply for certain programs offered on or through the site, you may be asked to provide certain Personal Data, or to upload various forms of media, including photographic images, videos, audio files and other forms of media currently available or that may become available in the future. This media is used to evaluate your eligibility for certain programs, to validate your credentials, placement or participation in an Event, and for other reasons, as described at the web page where you are prompted to provide the Personal Data or media.
Please note that images uploaded to the Site may be accessible to everyone on the Internet. Therefore, you are encourage to avoid uploading files that contain embedded location data (EXIF GPS).
- Contact Forms and E-Mail Communication. In order to provide you with customer service, we may ask you to provide us with Personal Data in order for us to provide the most accurate and appropriate answers to your questions and/or support requests. This Personal Data may include your full name, username or e-mail associated with your user account on the Site, billing and/or shipping address(es), phone number, order number or transaction number, and any other information necessary to provide accurate customer service.
- E-Mail Newsletters, Wish Lists, Gift Registries, and Product or Service Alerts. Throughout the Site, you may be permitted to enter your e-mail address for purposes including but not limited to: to create a gift registry or wish list, to request us to notify you about new or out-of-stock products or services; to sign up for e-mail newsletters and special offers; and for other purposes outlined on the Site. You may update or manage your subscription or registration preferences at any time by logging into your account on the Site, or by following the link provided in the footer of any marketing or confirmation e-mail you may receive from us.
- Automatic Data Collection Technologies. The Site employs cookies, web beacons (also known as “clear GIFs” or “action tags”) and other automatic data collection technologies to speed up your navigation of the Site, recognize you and your access privileges, track your Site usage, and for other purposes. Some of the data collection technologies we may use include:
- Web beacons may be visible or invisible electronic images or files served from a remote server that can be used to track whether or not a web page has been viewed and, if so, how many times.
- We may also use third-party advertising companies to personalize site content based on your browsing activity and purchase history, or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Please note that information collected by these third parties via cookies and web beacons is not linked to any Personal Data collected by us.
For example, Facebook, Pinterest and other social media platforms may collect certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that information collected by these social media platforms via cookies and web beacons is not linked to any customer’s Personal Data collected by us.
- Log Files. The Site’s server automatically recognizes the Internet URL from which you access the Site, as well as your Internet protocol (“IP”) address, Internet service provider, and date and time each time you visit a web page on the Site. This information is used for system administration, order verification, internal marketing, and system troubleshooting purposes. This information is also used to secure the Site from unauthorized access, to mitigate security threats from regions of known or suspected cyber terrorism activity, and for other security-related purposes. Please note that your IP address may disclose the location of your computer on the Internet. If you do not wish to have your IP address tracked, your option is to not use the Site.
- Product Reviews. From time to time, we may ask you to submit a product or service review on the Site, or you may elect to do so on your own volition. If you post a review, we will ask for your e-mail address in order to verify your purchase of such product or service, but will keep your e-mail address confidential. However, any personally identifiable information that you may submit as part of the review can be read or used by other visitors to the Site. Please note that we do not monitor and are not responsible for any personally identifiable information that you choose to submit as part of your review.
- Public Forums. When you contribute to a public area or feature that we may make available on or through our Website, the information that you submit will be made available to the general public. Public Forums may include: chat rooms, message boards, and bulletin boards; comments and “likes” (or similar features implying your opinion on a topic); blogs and video logs (vlogs); Defined Athletics Portsmouth’s various social media accounts and related content, and other open forums. This information may be generally accessible by everyone on the internet; it may be indexed by third party search engines; and can be imported, exported, distributed, and redistributed by us and others without privacy limitations. Because this information may be associated with you by outside parties, based on what you provide or disclose, we recommend that you do not disclose any sensitive or Personal Information.
To request removal of your Personal Information from a public forum or other public area of our Website, please contact us at firstname.lastname@example.org.
- Contests, Sweepstakes and other Promotions. From time to time, we may offer contests, sweepstakes or other promotions on, through or in connection with the Site. Participation in these promotions may require registration on the Site (see Registration, above).
- When you participate as an athlete, fan, spectator, sponsor, vendor, visitor or otherwise register, participate, compete, sponsor, or submit results, feedback or information for any of our online courses, certificate courses, competitions, events, seminars or other activities (“Event,” collectively “Events”), we may record your submissions, records and results. This Personal Data may include without limitation, first and last name, age, hometown, gym name or affiliation, personal record lifts, workout results, training and competition history, and nutrition information, as well as your results in the events, audio and video files, photographs, workout plans, workout, health and nutrition data, logs and journals, stories written by users, and other information.
INFORMATION USE AND DISCLOSURE
- Communications with You: We will use your Personal Data to communicate with you about the Site and your orders and deliveries. For example, we may send you a confirmation e-mail when you register for an account on the Site. We may also send you a service-related announcement, when necessary (for example, if we must temporarily suspend our service for maintenance). You may also have the opportunity to submit your e-mail address for the following reasons: to create a gift registry; to request us to notify you of new products; to sign up for e-mail newsletters and special offers; or for other purposes. If you submit your e-mail address, we may use it to deliver the information to you. You may exercise your right to unsubscribe or opt out of future e-mails at any time, as described below (see the Right to Opt In and Opt Out). However, you will not be able to unsubscribe or opt-out of e-mail and other forms of communication about orders that you have placed on the Site.
- Third Party Service Providers. From time-to-time, we may use other third-party entities to provide you with products and/or services on our behalf. When we disclose your Personal Data to these service providers, we do so to help them to perform their service or provide you with the product or products you have purchased. For example, in order to deliver products to you, we must share some of your Personal Data with our third-party shipping and delivery services, such as the U.S. Postal Service, United Parcel Service, and Federal Express. We do so in order to ship products to you, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. For example, we may provide our third-party shipping and delivery services with your name, shipping address, e-mail, and phone number so that we may send, track and confirm delivery of products you may have purchased on the Site.
- Payment Processors. When you buy products or pay for services on the Site, or when we provide customer service to you, it may be necessary for us to provide your payment information to our third-party Payment Processors (see Payments). Payment information we may provide to our third-party Payment Processors may include your credit card number and expiration date, cardholder name, billing zip code, and credit card security code; or your bank routing and account numbers; or your PayPal username or e-mail address associated with your account. When we submit your payment information for authorization, we use state-of-the-art data encryption to protect your information and do not retain your sensitive financial information on the Site or on our servers, as described below (see Data Security).
- Legally Compelled Disclosures. We may disclose your Personal Data to government authorities, and to other third parties when compelled to do so by government authorities, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose your Personal Data when we have reason to believe that you may be causing injury to or interference with our rights or property, other users of the Site, or anyone else that could be harmed by such activities. If we are required or compelled to disclose your Personal Data by a government authority, we may attempt to notify you of such disclosure, if we are compelled or permitted to do so by law. For example, we may share your Personal Data to reduce the risk of fraud or if you attempt to use the Site for illegal reasons or to commit fraud.
- We may share non-Personal Data (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user of the Site.
- Contests, Sweepstakes and other Promotions. If you participate in one of our Contests, Sweepstakes or other Promotions, we may collect Personal Data, such as your name, address, phone number and e-mail address and we may share this information with co-sponsors and other third parties involved in the presentation of the promotion, as identified in the rules or entry materials. We may also share some of your entry information with third parties or the public in connection with the administration of the promotion (for example, winner selection and prize fulfillment), and as permitted by the promotion’s official rules.
- Personal Data recorded by us in conjunction with your participation in a Defined Athletics Portsmouth Event, and Events to which Defined Athletics Portsmouth is a party, may make them available to the general public. If and when this Personal Data is made available to the general public, it may become accessible to everyone on the Internet. It may also be indexed by search engines, and be imported, exported, distributed, and redistributed by others and us without privacy limitations. Information you provide or disclose may also be associated with you by other third-parties with whom we are not affiliated. These records and media may be used for a variety of purposes, including but not limited to: evaluating your performance; determining your eligibility for prizes, overall placement, and leaderboard status; and creating athlete, team and sponsor profiles on the Site, among other things. The Site may also use this information to communicate results and news about you via different media or websites, for promotional use, and for other general public information purposes, through various media, means and methods that currently exist or that may be developed in the future. For a more detailed description of how we may use your submissions, records and results, please see our Terms and Conditions: www.da.fitness/terms-and-conditions.
Some of our Events may also be co-sponsored by another company or companies, with whom we may share your Personal Data, as outlined in the respective Event’s rules and procedures. You may request that this information not be shared with our co-sponsors by following the instructions described below (see Right to Opt In and Opt Out).
The privacy and security of your Personal Data are extremely important to us. As such, we have implemented numerous security measures designed to keep your Personal Data secure. Defined Athletics Portsmouth uses Secure Socket Layer (SSL) encryption to protect your Personal Data online, and we also take several steps to protect your Personal Data in our facilities. Access to your Personal Data is restricted strictly to employees who need access to your Personal Data to perform a specific job. For example, an employee may require access to your full name, e-mail address, phone number, shipping address, and other information in order to fulfill your order. Finally, we rely on third-party service providers for the security and monitoring of your Personal Data, both online and on-site at our various server locations. It is important to note that this list of security measures is not exhaustive and more information may be provided upon request email@example.com.
Please note that no security measures available today are perfect or impenetrable. There is an inherent risk associated with the transmission of Personal Data through the Internet or while stored on our system, as well as with information transmitted too or while stored on the systems of any third parties with whom we may disclose your Personal Data. While we endeavor to keep secure your Personal Data, we cannot guarantee that it will be absolutely safe from intrusion by others. Use of our Website and sharing of Personal Data is done so at your own risk. Defined Athletics Portsmouth will not be liable for disclosure of your Personal Data due to errors or unauthorized acts of third parties during or after transmission.
WEBSITE USERNAME AND PASSWORD
While using various features or web pages on the Site, you may be required to create an account with a username and password. Immediately upon creation of an account, you assume responsibility for maintaining strict confidentiality of your account password. You are also responsible for any access to or use of the Site by you or any person or entity using your username and password. You may cancel your account with Defined Athletics Portsmouth on the Site at any time. However, as long as your account is active on the Site, you assume all responsibility to control the dissemination and use of your password and control access to and use of your account.
Should you become aware of any unauthorized use of your username or password, you agree to immediately notify Defined Athletics Portsmouth at firstname.lastname@example.org. In order to prevent such unauthorized access, you also agree to exit from your account at the end of each session. We also strongly advise against logging into your account from a public web browsers or while using an unsecure wireless connection. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
We may provide paid products and/or services on the Site and may use third-party services for payment processing (“Payment Processors”). The Site does not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of such Personal Data is governed by their respective privacy practices and policies. These Payment Processors adhere to the standards set by PCI-DSS, as managed by the PCI Security Standards Council. PCI-DSS requirements ensure the secure handling of your payment information.
The Payment Processors we currently utilize and their respective privacy policies are:
PayPal or Braintree – www.paypal.com/webapps/mpp/ua/privacy-full
Stripe – stripe.com/us/privacy
NOTIFICATION OF DATA SECURITY BREACH
In the unlikely event that we have reason to believe the security of your Personal Data has been compromised, we will attempt to notify you within seventy-two hours of first having become aware of the breach, or as soon reasonably possible, given the circumstances. By using the Site and providing us with your Personal Data, you consent to be notified of such a breach by e-mail, to the extent we have your e-mail address. At our discretion, we may also elect to make the general details of such a breach available on the front page of the Site, or by other means of communication.
THIRD-PARTY WEB SITES
IDENTITY THEFT – PHISHING
The Federal Trade Commission identifies phishing as a fraudulent e-mail or text, or a copycat website that tries to get you to share valuable Personal Data – such as account numbers, Social Security numbers, or your login IDs and passwords. Defined Athletics Portsmouth will never request that you provide sensitive information (including your Website username or password, or credit card information) via e-mail. If you receive a suspicious text or e-mail message, or a link to a web site that does not seem to be affiliated with the Website, please do not provide such information and report the request to email@example.com.
For more information on phishing and how to protect yourself, or to report suspected phishing schemes, please visit the Federal Trade Commission’s web site at https://www.consumer.ftc.gov/articles/0003-phishing.
MANAGING YOUR PERSONAL DATA
You can review and change your Personal Data by logging into the Website and visiting your account management page.
RIGHT TO OPT IN AND OPT OUT
While using our Website, you may be asked to provide Personal Data for the purpose of promoting our own or third parties’ products or services. At such time, you will have the opportunity to opt in or opt out. At any time, you may elect to no longer receive promotional also make also these requests by sending an e-mail to firstname.lastname@example.org or writing to the address provided below (see Contact Information).
From time to time, it may be necessary for us to contact you in order to ensure accurate delivery of products and services offered on or through our Website, or in connection with your relationship, activities, transactions and communications with us. Additionally, a request for us stop sharing your Personal Data with other entities for marketing purposes will apply as of the date of your request. We will not be responsible for any communications that you may receive from entities that received your Personal Data prior to such request. In these cases, please contact that entity directly.
Please do not e-mail your credit-card number or other sensitive information to Defined Athletics Portsmouth.
OFFLINE COLLECTION, USE & DISCLOSURE OF INFORMATION
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California Civil Code Section § 1798.83, also known as the Shine the Light Act, permits you to request certain information regarding our disclosure of your Personal Data to third parties for direct marketing purposes. You may make such a request by e-mail to email@example.com or to the address provided below (see Contact Information).
Attn: Legal Department
Pivot Point Complete Fitness LLC
5603 High Street West, Suite F
Portsmouth, VA 23703
EUROPEAN UNION PRIVACY NOTICE
PIVOT POINT COMPLETE FITNESS LLC is a functional fitness company and athletic training program headquartered in Portsmouth, Virginia in United States of America. PIVOT POINT COMPLETE FITNESS LLC is the controller of your Personal Data that we have collected and the processor of your Personal Data obtained through the provision of our products and services to third entities.
The Eu’s General Data Protection Regulation (“GDPR”) defines Personal Data as “any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”
LEGAL BASIS AND PURPOSE FOR RETAINING PERSONAL DATA
If you are a customer, client, participant, vendor, sponsor, spectator, employee, or job applicant, the Personal Data we request, hold, and use is necessary for the performance of the services contract to which you are a party.
If you are a prospective customer, client, participant, vendor, sponsor, spectator, or other third party, the Personal Data we collect, hold, and use is necessary for our legitimate interest in providing you with information about the products and services we offer, and about which you have expressed an interest or that we believe will be of benefit to you. In some cases, our legal basis for collecting your Personal Data is because you have expressly consented to our collection and use of your Personal Data.
PERSONAL DATA RETENTION TERMS
If you are a customer, client, participant, vendor, sponsor, spectator, employee, job applicant, employee or other third party, we will keep your Personal Data on an ongoing basis for so long as we have a legitimate interest to inform you of our services, or until our contractual relationship has terminated, as the case may be. We are required to retain certain information in accordance with the law, such as information needed for income tax and audit purposes. Your Personal Data may be retained for as long as is necessary to ensure compliance with all applicable laws, rules and regulations that may govern our interaction with you and your Personal Data. How long certain kinds of Personal Data should be kept may also be governed by specific business-sector requirements and agreed practices.
YOUR RIGHTS AS A DATA SUBJECT
The GDPR provides you with certain important rights as a Data Subject that you may exercise to protect your Personal Data. You may access and exercise those rights at any time by contacting us at firstname.lastname@example.org.
The following is a general overview of your rights concerning your Personal Data:
- Right of access – you have the right to request a copy of the information that we hold about you.
- Right of rectification – you have the right to correct data that we hold about you that may be inaccurate or incomplete.
- Right to be forgotten – you have the right to ask for the data we hold about you to be erased from our records. It is important to note that this right may not apply to all data, such as data required by law and other rules and regulations that would prohibit such action.
- Right to restriction of processing – you have the right to restrict the processing of your data. It is important to note that certain conditions may apply to your exercising of this right.
- Right of portability – you have the right to have the data we hold about you transferred to another organization.
- Right to object – you have the right to object to certain types of processing, such as direct marketing.
- Right to judicial review: if PIVOT POINT COMPLETE FITNESS LLC refuses your request, we will endeavor to provide you with an explanation for our decision. You have the right to complain, as outlined in the process below (see Complaints).
Please note that we will not be able to delete information that is required to maintain our business purpose or that is required to facilitate your contract with us.
For more information about your Personal Data rights please visit the Information Commissioner Office for the United Kingdom’s website at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/.
DATA ACCESS REQUIREMENTS
To access your Personal Data, you will need to send an e-mail to PIVOT POINT COMPLETE FITNESS LLC from the e-mail address associated with the Personal Data as stored on PIVOT POINT COMPLETE FITNESS LLC’ systems.
CONTACT WITH DATA SUBJECTS
PIVOT POINT COMPLETE FITNESS LLC endeavors to refrain from initiating intrusive and unnecessary contact with Data Subjects. We will only attempt to contact you when necessary for the performance of the services contract to which you are a party, unless you provide Consent otherwise, as described below (see Consent).
From time to time, we may ask for your Consent to use certain types of Personal Data for the purposes outlined at the time you provide it. When you give us Consent, you are giving us permission to process your Personal Data specifically for the purpose identified in the consent request.
You may withdraw consent at any time by sending an e-mail to email@example.com.
SHARING PERSONAL DATA WITH THIRD PARTIES
We may pass your Personal Data on to third-party service providers contracted by PIVOT POINT COMPLETE FITNESS LLC to perform certain services for us, or to collaborate directly with you.
Any third parties that we may share your data with are obliged to keep your Personal Data securely, in complains with our privacy practices, and to use them only for the purposes and to complete the tasks identified by PIVOT POINT COMPLETE FITNESS LLC. When they no longer need your Personal Data to fulfill such service or services, they will dispose of your Personal Data in line with PIVOT POINT COMPLETE FITNESS LLC’s privacy practices and procedures. If we wish to pass your Personal Data onto any additional third parties, we will only do so once we have obtained your Consent, unless we are legally required to do otherwise.
INTERNATIONAL TRANSFER OF PERSONAL DATA
PIVOT POINT COMPLETE FITNESS LLC may transfer your Personal Data within PIVOT POINT COMPLETE FITNESS LLC or to other third parties, such as our third-party service providers. Your Personal Data may be transferred to, stored, and processed in a country other than the one in which it was collected, including the United States. When we do so, we transfer the information in compliance with applicable data protection laws. In particular, we have implemented safeguards in the form of standard data protection clauses adopted by the European Commission. The safeguards ensure compliance with the data protection requirements of the GDPR as well as your rights as they relate to the processing of your Personal Data.
SAFEGUARDING PERSONAL DATA
Please refer to the “Data Security” section above for information about how we safeguard your Personal Data.
If you wish to raise a complaint on how we handle your Personal Data, you can contact our Privacy Officer by e-mail at firstname.lastname@example.org.
If you are not satisfied with our response, you may complain to the Information Commissioner Office for the United Kingdom by telephone at 0303 123 1113.
For more information about cookies, please visit the Federal Trade Commission’s web page on Internet Cookies at www.ftc.gov/site-information/privacy-policy/internet-cookies.
- Assisting you in navigation of our sites
- To help you provide feedback to us
- Analyzing your use of our products, services or applications
- To prevent unauthorized access to your Personal Data
We respect your right to privacy and you may choose not to allow some types of cookies at any time. However, blocking some types of cookies may impact your experience while accessing the Site and the products or services we may offer. Strictly Necessary Cookies are necessary for the website to function; therefore, they cannot be switched off in our systems. However, these cookies are generally set only set in response to your request for products or services on the Site, such as setting your privacy preferences, logging-on or filling in forms. These cookies do not store any Personal Data. You may set your browser to block or alert you about these cookies, but doing so may have unintended consequences and may otherwise prohibit you from accessing some content and features on the Site.
TYPES OF COOKIES WE USE
We use the following cookies and classify cookies in the following categories:
- Advertising Cookies. Advertising cookies are placed on your computer by advertisers and ad servers, such as Facebook or Google AdWords. They are typically used to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Site and other websites, alternate the ads sent to a specific computer, track how often an ad has been viewed and who (generally) is viewing the ad. These cookies are linked to a computer or device and do not gather any Personal Data about you.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/.
- Personalization Cookies. Personalization cookies are used to recognize repeat visitors to the Site. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Site to enhance your experience while accessing the Site.
- Security Cookies. Security cookies help to identify security risks and prevent unauthorized access to the Site. We use these cookies to authenticate users and protect user data from unauthorized parties.
- Site Management Cookies. Site management cookies are used to maintain your identity or session on the Site. These cookies ensure you are not logged off unexpectedly, and so that any information you may enter is retained from page to page. These cookies cannot be disabled individually, but you may choose to block or remove all cookies through your browser’s cookie settings.
- Third-Party Cookies. Third-party cookies may be placed on your computer when you visit the Site by companies that provide you with certain products or services offered on or through the Site. These cookies allow the third parties to gather and track certain information about you and are used to provide you with those products and services. These cookies can be manually disabled in your browser.
- Performance Cookies. These cookies allow us to track the number of visits, as well as referral and traffic sources and are used to measure and improve the performance of the Site. They provide insight into which pages are viewed and how often users may view them; how visitors move around the Site; and how you may have discovered the Site. All information these cookies collect is aggregated and anonymous.
EXAMPLES OF HOW WE MIGHT USE THESE COOKIES
In many cases, web browsers can be set to alert you when a cookie has been sent to your device and provide you with the opportunity to refuse that cookie. Flash players installed on your device can be also be set to reject or delete Flash cookies. However, refusing or deleting cookies may have unintended consequences that may negatively impact your experience while on our Website.