PRIVACY POLICY

Effective Date: June 11, 2021

This document describes the privacy policies practiced by American Sport and Fitness Association LLC, a Missouri limited liability company, d/b/a American Sports and Fitness Association (“ASFA”) as it applies to ASFA’s customers and offered products and services. It covers the collection, use and disclosure of personal information that may be collected by ASFA anytime a user or visitor (“You” or “Your”) interacts with ASFA or the Site, such as when You purchase ASFA’s products or services, visit the Site, or when You request customer support/information from ASFA. For Your understanding please read the following to learn about ASFA’s information practices, what information ASFA collects, how it is used, to whom ASFA discloses this information, and how ASFA protects Your information.

Introduction

ASFA recognizes that protection of Your privacy is important. This document outlines the personal information (as identified below) ASFA receives and collect when You use the Site.

Personal Information

ASFA does not collect any personal information from You unless You voluntarily provide it to ASFA or otherwise consent to providing such information.

If You purchase products or services through the Site, You may be asked to provide ASFA with certain personal information, such as Your first name, last name, physical address, and email address. Other information may include information regarding Your education and experience background and areas of interests. Only individuals who are 18 years of age or older are authorized to use the Site, and therefore ASFA does not knowingly collect any personal information from Users under the age of 18.

In connection with Your purchase of any products or services from ASFA, You may provide additional personal information required for payment purposes, such as bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data. ASFA may utilize a third-party payment processing provider, in which case such information will be provided to such third party.

If You subscribe to the ASFA newsletter, You will provide Your e-mail address, and by doing so You consent to Your receipt of commercial solicitations and advertising from ASFA.

Usage Information

Like many websites, ASFA uses automatic data collection technology when You visit the Site to record information that identifies Your computer, to track Your use of the Site, and to collect certain basic information about You and Your surfing habits. This information may include information about Your operating system, Your IP addresses, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of the Site You visit, and similar information concerning Your use of the Site and the services, including participating in any courses offered on the Site (the “Usage Information”).

ASFA collects this Usage Information by using cookies, and may use pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a website stores on Your computer’s hard drive so that Your computer will “remember” information about Your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of website users. You can reject cookies by following the directions provided in Your Internet provider’s “help” file. If You reject cookies, You may still visit the Site, but may not be able to use some areas of the Site and/or the services of ASFA.

ASFA does not monitor, recognize, or respond to any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

ASFA does not collect personal information in this way, but if You have provided ASFA with personal information, ASFA may associate that information with the information that is collected automatically. Automatic data collection may be performed on ASFA’s behalf by ASFA’s services providers.

How ASFA Use Your Information

ASFA may use Your personal information and Usage Information in a manner that is consistent with this Privacy Policy and the context of ASFA’s relationship with You. ASFA will use Your personal information and Usage Information collected through the Site for the following purposes:

·      To provide official certificates and/or wallet cards;

·      To process billing and payment authorizations;

·      To respond to Your requests;

·      To respond to Your inquiries and contact You about changes to the Site, any products or the services;

·      To send You notices (for example, in the form of e-mails, mailings, and the like) regarding products or services You are receiving, and for billing and collection purposes;

·      To send You information ASFA thinks You may find useful or that You have requested from ASFA or otherwise consented to receiving;

·      To send You the ASFA newsletter (which may include advertising, marketing information, and promotional materials), if You have subscribed to same

·      To enhance and improve the Site, the products and services offered through the Site;

·      To analyze the use of the Site, the courses and the service and the people visiting to improve ASFA’s content and Site, and the products and services;

·      To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of ASFA’s policies, or as otherwise required by law;

·      As needed for company records;

·      For any other purposes disclosed at the time the information is collected or to which You consent; and

·      As otherwise specifically described in this Privacy Policy.

Disclosure of Personal Information to Third Parties

ASFA does not disclose Your personal information to third parties for their direct marketing purposes. However, third parties may advertise on the Site (including through banner ads) and, if You opt in, ASFA may provide Your personal information with third party marketing partners and affiliates.

ASFA, like many businesses, may sometimes hire other companies to perform certain business-related functions. Examples include mailing information, marketing ASFA products and services, maintaining databases, hosting services, and processing payments. When ASFA employs another company to perform a function of this nature, ASFA provides them with the information that they need to perform their specific function, which may include personal information.

If You visit the Site through Facebook Connect or another social media website, You are authorizing ASFA to collect, store, and use, in accordance with this Privacy Policy, any and all information that You agreed that the social media website would provide to ASFA through its Application Programming Interface (“API”). ASFA does not receive or store Your passwords for Your social media accounts.

If ASFA or all or substantially all of ASFA’s assets are acquired, ASFA expects that the information that ASFA have collected, including personal information, would be transferred along with ASFA’s other business assets.

ASFA may disclose Your personal information and Usage Information to government authorities and to other third parties when compelled to do so by government authorities, at ASFA’s discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. ASFA may also disclose Your personal information and Usage Information when ASFA has reason to believe that someone is or may be causing injury to or interference with ASFA’s rights or property, other users of this Site, or anyone else that could be harmed by such activities.

ASFA is not liable under any circumstances if there is a security breach on any third-party site, including, but not limited to, any third-party payment processor to which You provide payment information.

If You prefer not to have ASFA provide personal information about You to third parties (other than our affiliates, subcontractors or agents acting on our behalf), please let ASFA know by either:

1.     Writing ASFA at:                   

American Sports and Fitness Association

11628 Old Ballas Road, Suite #327

St. Louis, Missouri 63141

2. Emailing ASFA at:

customersupport@americansportandfitness.com

3. Calling ASFA at:

877-851-0283               

Note: If You opt out from receiving further promotional emails from ASFA, ASFA will not share Your email address with any third parties, including our affiliates.

Shopify and Paypal

ASFA uses Shopify and Paypal for payment processing. ASFA does not store or collect Your payment card details. That information is provided directly to third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Shopify

Their Privacy Policy can be viewed at:

https://www.shopify.com/legal/privacy

PayPal

Their Privacy Policy can be viewed at: https://www.paypal.com/webapps/mpp/ua/privacy-full

California Privacy Rights

If You are a California resident, You may have certain rights with respect to Your personal information including the following rights:

1)    the right to know, by way of our Privacy Policy and any specific inquiries You direct to ASFA, where personal information ASFA has about You comes from, what ASFA uses that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;

2)    the right to “opt-out” of ASFA’s sale of Your personal information to any third parties;

3)    the right, with some exceptions, to have Your personal information deleted from ASFA’s possession or control; and

4)    the right to receive equal service and pricing from ASFA even if You exercise any of Your privacy rights.

California Civil Code Section 1798.83 permits California residents who use the Site to request certain information regarding ASFA’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or if You have any questions or concerns about Your California privacy rights, ASFA’s Privacy Policy or use of Your personal information, please contact ASFA by email at customersupport@americansportandfitness.com. On any email You send, please include “PRIVACY” in the subject line.  

For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to You. ASFA must verify Your identity with respect to such inquiries. Depending on the nature of the personal information at issue, ASFA may require additional measures or information from You as part of that verification.

For California residents under age 18 who have publicly posted content or information, You may request and obtain removal of such content or information pursuant to California Business and Professions Code Section 22581, provided You are registered user of any website where this Policy is posted. To make such a request, please send an email with a detailed description of the specific content or information to customersupport@americansportandfitness.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information You have posted and that the law may not require or allow removal in all instances, even if requested.

EU and UK Privacy Rights

These disclosures apply only to ASFA’s processing of personal information within the scope of the General Data Protection Regulation (“GDPR”) from one or more of the European Union Member States plus Iceland, Lichtenstein and Norway (together known as the “European Economic Area” or “EEA”), or analogous laws in the United Kingdom.  

As a resident of the EU, EEA or the UK, You have certain rights with respect to the processing of Your personal information, including:

Access. You have the right to know if ASFA is processing personal information about You and, if so, to access and obtain a copy of personal information about You, as well as information relating to the processing of that data.

Correction. You have the right to have ASFA promptly correct or update any personal information about You that is inaccurate or incomplete.

Erasure. You have the right to request deletion or erasure of Your personal information in a number of circumstances as required by law, including when no longer need the personal information for the purposes for which it was collected, You have withdrawn consent or, when ASFA is relying on legitimate interests as a legal basis, and Your rights override ASFA’s legitimate interests.

Portability. You have the right to obtain a copy of the personal information ASFA holds about You in a structured machine-readable format and to have it transmitted to another controller. This right only occurs where ASFA is relying on Your consent or performance of a contract as ASFA’s legal basis and the processing is carried out automatically.

Restriction of Processing. You have the right to restrict or limit the ways in which ASFA processes Your personal information when You contest the accuracy of the personal information, when Your data has been obtained by ASFA unlawfully, when You have objected to ASFA’s processing of the information and ASFA is considering whether to cease processing, or when ASFA no longer needs to process the personal information.

Withdrawal of Consent. When ASFA relies on consent as the basis for processing personal information, You have the right to withdraw Your consent.

Objection. You have the right to object to ASFA’s processing of Your personal information when ASFA is relying on legitimate interests as ASFA’s legal basis and Your rights override ASFA’s legitimate interests in processing their personal information. You also have the right to object to ASFA’s processing of their personal information for direct marketing purposes.

Complaint. You have the right to make a complaint about Your personal information.

ASFA relies on its legitimate interests described above to process Your personal information. ASFA may also process personal information for direct marketing purposes, and You have a right to object to ASFA’s use of Your personal information for this purpose at any time.

Data Protection Authority

If You are a resident of the United Kingdom and believe ASFA maintains Your personal information within the scope of the applicable laws relating to personal information in the United Kingdom, You may direct questions or complaints to the UK supervisory authority, the Information Commissioner’s Office.

Subject to applicable law, You also have the right to (i) restrict ASFA’s use of information that constitutes Your personal information and (ii) lodge a complaint with Your local data protection authority.

How ASFA Protects Your Information

ASFA takes commercially reasonable steps to protect the personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. ASFA cannot guarantee the security of ASFA’s databases, nor can ASFA guarantee that the information You supply will not be intercepted while being transmitted to and from ASFA over the Internet. In particular, e-mail sent to or from ASFA may not be secure, and You should therefore take special care in deciding what information You send to ASFA via e-mail.

Your Choices

If You wish to stop receiving promotional e-mails, You may do so by visiting www.americansportandfitness.com/pages/asfa-newsletter or by e-mailing customersupport@americansportandfitness.com. You may also choose to unsubscribe from ASFA’s emails by following instructions in the bottom of the email.

Links

The Site may contain content, services, advertising and other materials that link to websites operated by third parties. ASFA has no control over those other sites, and this Privacy Policy does not apply to them. Please refer to the privacy policies of those sites for more information on how the operators of those sites collect and use Your personal information.

Your Consent

Subject to the above provisions, by using the Site, You consent to the collection and use of information by ASFA and the terms of this Privacy Policy. Use of the Site constitutes agreement with all of the foregoing terms, and also constitutes permission to use Your name, likeness, statements, quotes, testimonials, photographs and hometown for promotional purposes, including but not limited to posting of such information and reproduction and display on the Site or in any other communications, except where prohibited by law.

Important Notice to Users Outside the U.S.

The Site and the Services are operated in the United States, and is intended only for use by those located within the United States. If You are located outside of the United States, please be aware that any information You provide to ASFA will be transferred to the United States. By providing ASFA with any information through the Site or the services, You consent to this transfer.

Governing Jurisdiction of the Missouri, USA Courts

The Site is operated and provided in the State of Missouri, USA. As such, You are subject to the laws of the State of Missouri, and such laws will govern this Privacy Policy, without giving effect to any choice of law rules, except as otherwise required by law. ASFA makes no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if You choose to access the Site You agree to do so subject to the internal laws of the State of Missouri. This Site is designed, operated and intended only to be used for individual located within the United States of America.

Compliance with Laws

You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the Site, or its courses or services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Please consult an attorney for any legal advice.

Arbitration and Class Action Waiver

You agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and You agree not to sue in court in front of a judge or jury. You further agree that You may bring claims for violation of this Privacy Policy or related in any manner to Your use of the Site, any ASFA products or services purchased by You, or Your personal information in Your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both parties agree, the arbiter or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Waiver of Jury Trial

In the event that a dispute between the parties is presented to a court, each party hereby waives any right to trial by jury in any claim, action, proceeding or counterclaim by either party against the other pertaining to any matters arising out of or in any way connected with this Privacy Policy, Your personal information, or the relationship of the parties.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. ASFA may change this Privacy Policy from time to time and will post any changes on the Site as soon as they go into effect. By accessing the Site or using the Services after ASFA makes any such changes to this Privacy Policy, You are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

How to Contact ASFA

If You have questions about this Privacy Policy, please e-mail American Sports and Fitness at customersupport@americansportandfitness.com, “PRIVACY” in the subject line, or mail ASFA at the following address: 11628 Old Ballas Road, Suite #327, St. Louis, Missouri 63141.