PRIVACY POLICY
THIS PRIVACY POLICY FORMS PART OF TCC’S TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY POLICY, YOU MUST CEASE YOUR ACCESS AND USE OF THIS PLATFORM IMMEDIATELY.
1. DEFINITIONS
1. “Personal Data” means the information referred to in clause 3 herein below;
2. “Platform” means the website at https://www.theconsistencycoach.co.za, including the TCC mobile application and other forums made available by TCC;
3. “Products” means any products or services available on the Platform or provided by TCC, including without limitation, personalized meal plans, workout programs, Digital Products and other advice;
4. “TCC”, “we”, “our” means The Consistency Coach with registration number 2022-001116190, with its registered office being 447 Broadway, 2nd Floor Suit #81, New York, 10013;
5. “Terms and Conditions” means the terms and conditions applicable to all Users;
6. “User Account” refers to an account created on the Platform;
7. “User”, “you”, “your” means any person using the Platform, whether subscribed or unsubscribed, that accesses and views the Platform and/or uses the Products;
2. INTRODUCTION
2.1. TCC operates the Platform and is the controller of the information collected or provided via the Platform.
2.2. This Privacy Policy explains what Personal Data we collect through the Platform, how we use and share that data, and your choices concerning our data practices. This Privacy Policy forms part of our Terms and Conditions, which are available at: ____________________ [insert hyperlink to the Terms and Conditions]
2.3. By providing us with your Personal Data when using and/or accessing the Platform, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use the Platform.
3. PERSONAL DATA WE COLLECT
3.1. When you interact with our Platform, we collect information that, alone or in combination with other information, could be used to identify you. 3.2. We collect the following Personal Data depending on your interactions with us and your use of our Platform and/or Products: 3.2.1. identifiers: first and last names, email address, home address, telephone number and social network information;
3.2.2. protected characteristics: age, gender, country of residence, medical and health conditions or requirements;
3.2.3. payment information: if you subscribe, we collect payment card or account details and detailed information necessary to process payments;
3.2.4. commercial information: information about your purchases of products and services from us or our third-party partners who may provide or promote their own products or services through the Platform;
3.2.5. biometric information: physical characteristics such as weight, height, and body measurements such as stride length and apparel size, and photographs identifying your facial features, to the extent you choose to enter these on the Platform;
3.2.6. internet or other electronic network activity information: such as browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement;
3.2.7. geo-location data: where the IP address of your computer or device is used to determine your geographic location so that we can customise your experience on the Platform (e.g. language settings);
3.2.8. sensory data: audio, electronic, visual, thermal, olfactory, or similar information (e.g., your photos and audio where you have selected particular services or features on the Platform);
3.2.9. device information: including, the type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings;
3.2.10. log data: information that your browser automatically sends whenever you visit the Platform. Log data includes your Internet Protocol (“IP”) address (so we understand which country you are connecting from when you visit the Platform), browser type and settings, the date and time of your request, and how you interacted with the Platform; and,
3.2.11. inferences drawn from other Personal Data: dietary preferences, information you provide about yourself and any preferences in your User Account, communications with us or directed to us via letters, emails, chat services, calls, and social media, fitness activity data provided by you on the Platform or generated through your use of the Platform.
3.3. We will not collect additional categories of Personal Data other than those categories listed above. If we intend to collect additional categories of Personal Data, we will provide you with a new notice at or before the time of collection.
4. WHERE YOUR PERSONAL DATA IS COLLECTED FROM
4.1. We collect Personal Data from the following sources:
4.1.1. directly from you when you open an account and use the Platform, or when you update your User Account information;
4.1.2. indirectly from you, for example, through and as a result of your use of and access to the Platform. We also collect IP addresses and browser types from the devices you use; and,
4.1.3. from our third-party service providers.
5. HOW WE USE YOUR PERSONAL DATA
5.1. In order to do so, we collect and process your Personal Data for the following business and commercial purposes:
5.1.1. to authenticate Users and provide the Products;
5.1.2. to respond to your inquiries and fulfill your requests for Products;
5.1.3. to enforce our Terms and Conditions and other usage policies;
5.1.4. to customize our Platform and/or Products for you, including providing recommendations, personalized advertising and content. For example, we use information on your use of Platform and/or Products, including information that we obtain through cookies, to better understand your needs and interests in order to personalize your experience with our Platform and/or Products by presenting products and offers tailored to your interests. We use your public information and your location information to infer what topics you may be interested in, and to customize the content we show you, including ads, with more relevant content like local trends, stories, and suggestions for people to follow;
5.1.5. to send administrative information to you, for example, information regarding the Platform, and changes to our terms, conditions, and policies;
5.1.6. to provide, maintain and improve the content and functionality of the Platform. For example, we regularly fix bugs or user experience issues that may be tied to particular User Accounts;
5.1.7. to keep basic data to identify you and prevent further unwanted processing;
5.1.8. to prevent fraud or criminal activity, misuse of our Platform and/or Products, and ensure the security of our Information Technology systems, architecture and networks;
5.1.9. to comply with legal obligations and legal process and respond to requests from public and government authorities including public and government authorities outside your country of residence;
5.1.10. to protect our operations or those of any of our affiliates and protect our rights, privacy, safety or property, and/or that of our affiliates, you or others;
5.1.11. to pursue available remedies or limit the damages that we may sustain, as required or permitted by the law; and, 5.1.12. for marketing purposes.
6. OUR LEGAL BASIS FOR PROCESSING
6.1. We have the following legal basis for processing your Personal Data for the purposes described herein:
6.1.1. performance of a contract: by using the Platform and/or Products, you have contracted with us through the Terms and Conditions, and we will process certain Personal Data to perform under our contract;
6.1.2. legitimate interest: we may process Personal Data for our legitimate interests, including complying with applicable law, rule or regulation, investigation or remedy; enforcing our Terms and Conditions; protecting our, Users’ or others’ rights, property and safety; and detecting and resolving any fraud or security concerns;
6.1.3. advertising: for the purposes of customization of advertising, marketing and analytics for our legitimate interest; and,
6.1.4. in specific circumstances: where you have provided your consent to such processing.
7. DISCLOSURE OF YOUR PERSONAL DATA
7.1. We disclose Personal Data:
7.1.1. within TCC: we may disclose Personal Data to employees, shareholders, directors and members of TCC, including affiliates and related entities, to the extent necessary for the purposes listed above;
7.1.2. to service providers: we disclose the Personal Data to our authorized service providers that perform certain services on our behalf. These services may include payment processing, identity and document authenticity verification, risk and fraud detection and mitigation, customer service, marketing and advertising, customization of content, analytics, security, or hosting our Platform or supporting its functionality. These service providers may have access to Personal Data needed to perform their obligations but are not permitted to share or use such information for any other purposes;
7.1.3. to other entities in respect of a business transfer: if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets; or
7.1.4. to regulators, law enforcement or others: where we reasonably believe such disclosure is needed to (i) enforce applicable terms and conditions, including investigation of potential violations thereof, (ii) satisfy any applicable law, regulation, legal process, or governmental request, (iii) to detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, (iv) protect against harm to the rights, property or safety of TCC, its Users, employees, or others or (v) to maintain and protect the security and integrity of the Platform or infrastructure. In such cases we may raise or waive any legal objection or right available to us, in our sole discretion.
8. COOKIES AND AUTOMATIC DATA COLLECTION TECHNOLOGIES
8.1. The Platform uses automatic data collection technologies to collect website activity data.
8.2. We use cookies, which are small text files that are stored in your web browser or downloaded to your device when you visit a website.
8.3. By choosing to use the Platform after being notified of our use of cookies in the ways described in this Privacy Policy, you agree to such use of cookies.
8.4. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Platform and you may not be able to benefit from the full functionality of the Platform. If you access the Platform on your mobile device, you may not be able to control tracking technologies through the settings.
9. THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
9.1. Some content or applications, including advertisements, on the Platform are provided by third parties. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use the Platform. Unless expressly stated otherwise, the Platform does not provide any Personal Data to these third parties, however they may collect information, including your IP address, advertisements you click, time zone setting and location, and information about your browser, operating system and devices you use to access the Platform. They may use this information to provide you with interest-based advertising or other targeted content. They may track users across different websites overtime.
9.2. You can set your browser to refuse third-party cookies, or to alert you when cookies are being sent.
10.YOUR RIGHTS REGARDING YOUR PERSONAL DATA
10.1. You have certain rights regarding the Personal Data we collect, use or disclose and that is related to you, including the right:
10.1.1. to receive information on the Personal Data we hold about you and how such Personal Data is used;
10.1.2. to access, modify, correct or delete Personal Data about you;
10.1.3. to know which third parties we have shared your Personal Data with;
10.1.4. to receive your Personal Data in a structured, commonly used and machine-readable format and to transmit the Personal Data to another data controller;
10.1.5. to withdraw your consent, where processing Personal Data is based on consent;
10.1.6. to object to the use of your Personal Data where such use is based on our legitimate interest or on public interests;
10.1.7. to in certain instances, restrict our use of your Personal Data; and,
10.1.8. to lodge a complaint with a supervisory authority located in your country or where an alleged violation of law occurred.
10.2. Your rights may vary depending on the laws that apply to you.
10.3. You may exercise your above r ight s by contact ing us at support@theconsistencycoach.co.za. If you are located in the European Economic (“EU”) or the United Kingdom (“UK”), you have a right to lodge a complaint with your local data protection authority.
10.4. In some cases, in order to adequately verify your identity or your authorization to make the request, we may require you to provide additional information.
10.5. Note that some requests to delete certain Personal Data will require the deletion of your User Account as the provision of User Accounts are inexplicably linked to the use of your certain Personal Data.
11.AMENDING PERSONAL DATA
11.1. It is your responsibility to:
11.1.1. ensure that your Personal Data remains complete, accurate and up-to-date and you are required to promptly inform us of any amendments to be made to your Personal Data; and,
11.1.2. to review all of your information carefully before submitting it to us.
11.2. Depending on the laws that apply to you, you may obtain certain Personal Data from us. Any amendments to your Personal Data may be made by contacting us at support@theconsistencycoach.co.za.
12.CALIFORNIA PRIVACY RIGHTS
12.1. The California Consumer Privacy Act (“CCPA”) provides you with the following rights in relation to your personal information:
12.1.1. right to know: you have the right to request that we disclose certain information to you about the Personal Data we collected, used, and disclosed about you in the past 12 (twelve) months, including the right to know any or all of the following:
12.1.1.1. the business or commercial purpose for collecting your Personal Data;
12.1.1.2. the categories of Personal Data collected about you;
12.1.1.3. the categories of sources from which we collected your Personal Data;
12.1.1.4. the categories of Personal Data that we have disclosed about you for a business purpose; and,
12.1.1.5. the categories of third parties whom your Personal Data was disclosed to for a business purpose.
12.1.2. right to deletion: you have right to request that we delete any of your personal information we collected from you and retained, subject to certain exceptions set forth in the CCPA. If you request deletion of your Personal Data, we may deny your request or may retain certain elements of your Personal Data if it is necessary for us or our service providers to:
12.1.2.1. complete the transaction for which the Personal Data was collected, to provide Products to you, or otherwise perform a contract between you and TCC;
12.1.2.2. detect security related incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for that activity;
12.1.2.3. identify and repair errors existing on the Platform;
12.1.2.4. exercise rights provided by law;
12.1.2.5. comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
12.1.2.6. engage in research in the public interest that adheres to applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided that you have consented thereto;
12.1.2.7. comply with a legal obligation; or
12.1.2.8. use the Personal Data, internally, in a lawful manner that is compatible with the context in which you provided the information.
12.1.3. right to opt-out/in: you have the right to opt-out of the sale of your Personal Data. You also have the right to opt-in to the sale of Personal Data. However, we do not sell your Personal Data.
12.1.4. right to non-discrimination for the exercise of your rights: we will not discriminate against you because you exercised any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
12.1.4.1. refuse to provide you with Products;
12.1.4.2. charge you different prices or rates for Products, including through granting discounts or other benefits, or imposing penalties; and,
12.1.4.3. provide you with different level or quality of Products.
12.2. To exercise your rights described above, please send an email to support@theconsistencycoach.co.za with the subject as “CCPA Request”. You will need to provide the following information to verify your identity and enable us to locate your information on our system:
12.2.1. your user name and email address used to create your User Account on the Platform; and,
12.2.2. any other information which we may reasonably request in order for us to verify your identity.
12.3. You are entitled to designate an agent to make a request on your behalf provided that you provide the following information:
12.3.1. a signed authorization allowing the agent to act on your behalf;
12.3.2. sufficient information to identify the agent’s identity, depending on the nature of the request; and,
12.3.3. to verify your identity, depending on the nature of the request, we may also require a valid government issued ID (not expired), email address, and the last 4 digits of your social security number.
12.4. We cannot respond to your request or provide you with Personal Data if we are unable to verify your identity or authority of an agent.
12.5. We will acknowledge receipt of your request within 10 (ten) business days of its receipt. We will respond to a verifiable consumer request within 45 (forty-five) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. Written responses may be provided electronically.
12.6. Disclosures provided will cover a 12 (twelve) month period preceding the receipt of the verifiable consumer request. We may charge a fee to process or respond to your verifiable consumer request if it is excessive, repetitive, or unfounded. If we determine that the request warrants a fee, we will inform you why we made the decision and provide you with a cost estimate before completing your request.
12.7. We do not sell California residents’ Personal Data.
13. EU AND UK PRIVACY RIGHTS
13.1. EU and UK privacy law provides individuals with enhanced rights in respect of their Personal Data, such as:
13.1.1. the right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
13.1.2. the right to request restriction of processing of Personal Data or object to processing of Personal Data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
13.1.3. in certain circumstances, the right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and,
13.1.4. in certain circumstances, the right to request deletion or removal of certain Personal Data we process about you.
14. YOUR CHOICES ABOUT HOW WE COLLECT, USE AND DISCLOSE YOUR PERSONAL DATA
14.1. You can choose not to provide us with certain Personal Data, how we communicate with you, and how we process certain Personal Data.
14.2. You may decline to provide us with certain information which may result in you being unable to access and/or use certain features of our Platform and/ or Products because such information is required in order for you to access and/or use the Platform and/or Products.
14.3. You may set your browser to refuse some or all cookies and you may also opt out of Google Analytics by visiting the Google Analytics opt-out page.
14.4. You may opt out of receiving marketing emails from us using the opt-out link provided in our emails or other instructions provided in any email message received from us . You can also send us an email to support@theconsistencycoach.co.za, by including “Opt-out” in the subject line and in the body of the email include your name and email address used to sign up for communications. We may continue to send you other transactional and relationship email communications, such as emails about your User Account, orders, administrative notices and surveys.
14.5. You can limit or prevent our ability to receive location information from you, you can deny or remove the permission for the Platform to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.
14.6. You may also delete and deactivate your User Account with us at any time. If you do so, your profile will no longer be accessible to you. If you later choose to have a User Account with us, you will have to sign up for a new User Account as none of the information you previously provided or saved within your User Account will have been saved.
15.DATA RETENTION
15.1. We will keep your Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer. If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
15.2. To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
16.SECURITY RELATING TO PERSONAL DATA
16.1. We use reasonable and appropriate physical, technical, and organizational safeguards designed to ensure the security of our systems and protect your Personal Data. The safeguards include:
16.1.1. the encryption of personal data where we deem appropriate;
16.1.2. taking steps to ensure Personal Data is backed up and remains available in the event of a security incident; and
16.1.3. periodic testing, assessment, and evaluation of the effectiveness of our safeguards.
16.2. You use the Platform at your own risk. Although we take steps to protect the Personal Data provided via the Platform from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, no internet or email transmission is ever fully secure or error free. In particular, emails sent to or from the Platform may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to us via the internet.
16.3. We cannot control the actions of other Users with whom you may choose to share information. Therefore, we cannot, and do not, guarantee that information or content posted by a User on or through the Platform will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform or social media. The Platform takes measures to protect its data that contains information related to you. However, as a consideration for viewing the Platform or interacting with it in any manner, you waive all claims of any nature against us concerning the loss, alteration, or misuse of Personal Data. You must assume that it is possible for your Personal Data to be obtained by others, such as “hackers”, and used in an inappropriate manner that may cause you harm. You agree that TCC is not responsible for damages to you.
16.4. International transfers of your Personal Data
16.4.1. TCC operates businesses in multiple jurisdictions, some of which are not located in the EU, EEA, or the UK. The Personal Data that TCC collects from Users will be stored in the United States of America and might also be shared with third party data recipients (e.g., customer support providers) that are not located in the EEA, UK or Australia. Therefore, the Personal Data that you provide to TCC may be transferred internationally to countries other than the country in which you initially provided your data.
16.4.2. While countries outside the EU, EEA and the UK do not always have strong data privacy laws, we take measures to protect your Personal Data as described in this Privacy Policy and in compliance with applicable Data Privacy Law. We also require all third party data recipients (including our service providers) to process your information in a secure manner and in accordance with the GDPR and other applicable Data Privacy Law (e.g., through the signing of the EU Standard Contractual Clauses).
17.PAYMENT INFORMATION
Subscription payments are processed by third party payment providers. When you make a payment that is processed by a payment provider, you will provide that third party with your credit card number, credit card expiration date, and security code, which they process and store subject to their privacy policy and terms of service. We do not receive your full credit card number, credit card expiration date, or the security code. If you are required to provide your name and email address to the payment provider, then they provide us with that information.
18.LEGAL AGE
If you are under the legal age in your country you are not permitted to use the Platform and/or Products, and we do not knowingly collect information from children under the legal age. By using the Platform and/or Products, you represent that you are of the legal age in your country.
19.PUBLICLY POSTED INFORMATION
This Privacy Policy shall not apply to any information you post to the public areas of the Platform. Comments posted to public areas may be viewed, accessed, and used by third parties subject to those parties’ privacy practices and policies.
20.LINKS TO OTHER WEBSITES
The Platform may contain links to other websites not operated or controlled by us (“Third Party Sites”), including social media. The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact those sites directly for information on their privacy policy.
21. CHANGES TO THE PRIVACY POLICY
The Platform and/or our Products may change from time to time. As a result, we may change this Privacy Policy at any time and when we do, we will post an updated version on this page, unless another type of notice is required by applicable law. By continuing to use the Platform or providing us with information after we have posted an updated Privacy Policy, or notified you if applicable, you consent to the revised Privacy Policy and practices described in it.
22. CONTACT US
Please feel free to contact us if you have any questions about our Privacy Policy. You may contact us by sending an email to support@theconsistencycoach.co.za.
