Privacy Policy

/Privacy Policy
Privacy Policy2018-07-25T16:48:25+00:00

Privacy Policy, Cookie Policy, and Data Processing Addendum

Welcome to the Dave Scott Triathlon Club (DSTC). The use of our website, club.davecottinc.com and our training programs and content (collectively, the “Services”) is governed by our Terms and Conditions of Use and the following privacy policy (together the “Legal Notices”). Our Services are provided by Dave Scott, Inc., a Colorado corporation. By using our Services, whether you are a registered user or not, you expressly agree to these Legal Notices which are provisioned to protect both you and us.  If you disagree with any part of the Terms, then you do not have permission to access the Services.

Updated July 15, 2018

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your IP address, your email address, name, phone number, credit card information, and postal address (“Personal Information”).

We collect this information for the purpose of providing the Services, identifying and communicating with you, responding to your requests and inquiries, servicing your purchase orders, and improving our services.

Personal Information

Personal information can be used to identify you. It may also be used with other pieces of personal information to identify you. To provide our Services, DSTC sometimes may collect personal information such as your name, address, e-mail address, telephone number and credit card information, and may sometimes be combined with additional information such as zip code and IP address.

Non-Personal Information

Non-personal information cannot be used or combined to identify you. This would include information such as your web browser, device type, and time spent on our website.

Log Data

We may also collect information that your browser sends whenever you visit our Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages and other statistics. We use the information gathered to analyze user behavior or to evaluate and improve our Services.

The most common ways we capture this information:

  • If you visit this website;
  • If you contact us about our Services or make another information request;
  • If you register on DaveScottInc.com;
  • If you become a DSTC member or DaveScottInc.com newsletter subscriber; and
  • If you communicate with our customer support team.

In addition, we may use third-party services that collect, monitor and analyze this type of information in order to increase our Services’ functionality. These third party service providers have their own privacy policies addressing how they use such information.

Currently, DSTC uses the following third-party services, which each have their own privacy policies: Google Analytics, Facebook Analytics, YouTube, Vimeo, Linkedin, Twitter, LeadPages, Mobile Monkey, ConstantContact, Infusionsoft,WordPress, Stripe, PayPal and Woo Commerce.

If you send us an e-mail with questions or comments, we may use your personal information to respond and emails are stored for future reference.

Cookie Policy

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and transferred to your device. We use cookies to collect information in order to provide to our DSTC members. For example, allowing you to save content to and otherwise update your account to your account information page.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Services and we recommend that you leave them turned on. For example, you will not be able to login to the DSTC member website if your cookies are disabled.

Information We Share with Third Parties

DSTC collects data that is critical to the function of our Services and delivering the best experience possible. As a general rule, we will not share or otherwise disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as we believe in good faith that the law requires it or under the following circumstances: 1) Under a confidentiality agreement, we may match user information with third-party data; 2) We may disclose aggregated user statistics (for example, we have customers in 50 states and 11 countries) in order to describe our Services to prospective partners, advertisers, and other third parties; and 3) As required by law.

Sharing by You

You will have the ability to share your User Content with another user. If you share your User Content with anyone, we shall have no liability to you (or anyone with whom you share your User Content).

Information You Generate, Submit and/or Post

You are solely responsible for the information you generate, submit or post on our website using our Services (as outlined in our Terms and Conditions of Use). DSTC assumes no liability for the information you generate, submit or post on our website using our Services.

Accessing Your Personal Information

You may edit your personal account information with DSTC at any time by using your unique user name and password and accessing your personal account page.

You have the right to request the restriction of certain uses and disclosures of personally identifiable information. You can contact us in order to update or correct your personally identifiable information. You may change your communications preferences concerning what you receive from us. You can request the deletion of personally identifiable information about you on our systems, but only subject to the following condition: you must cancel your DSTC membership (if applicable) and delete your entire account. Keep in mind, any updates, corrections, and deletions will have no effect on other information DSTC maintains or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, or deletion. In order to request personal information or account changes, you will be asked to verify your identity.

Please be aware that it is not possible to remove every record of the information you have provided to us from all of our systems. For security reasons, the secure backups of our systems to prevent data loss mean that a copy of your information may still exist in some form that will be difficult or impossible for us to locate or delete. After receiving your request, all personal information stored in databases we actively own and control will be updated, corrected, or deleted, as appropriate, as soon as and to the extent reasonably and technically possible.

Protecting Your Information

Your personal account information with DSTC is password protected so that you and only you have access to this personal information and the User Content therein. We strongly advise that you do not disclose your unique user name or password to anyone. Be sure to sign out of your account and close your browser window when you have finished using our Services after each session. This is to ensure that others cannot access your personal information or User Content.

Unfortunately, no data transmission over the Internet is 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our online Services, and you do so at your own risk. Once we receive your transmission, we make our commercially reasonable effort to ensure its security on our systems.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

For example, DSTC sends welcome e-mail after you create an account, when you signup for our newsletter, when you enter a contest on our website, and when you purchase any product on our website. We also may send other e-mail related to the website and your account, such as product announcements, changes in your account, and changes to our company policies and Services. We give you the option to unsubscribe from these emails in every email we send you.

Outside Service Providers & Third-Parties

We may employ third party companies, outside service contractors, vendors, and individuals to facilitate our Services, to provide the Services on our behalf, to perform Services-related services or to assist us in analyzing how our Services are used. For example, these services may include our website hosting, credit card processing (Stripe and PayPal), and our mailing list (Infusionsoft and ConstantContact).

These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose. DSTC requires that these third parties agree to protect the privacy of your personal information consistent with this Privacy Policy and not use or disclose your personal information for any purpose other than providing the products or services as contracted or as required by law.

Compliance With Laws

DSTC may disclose your information if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or another valid legal process. We may disclose personal information in special circumstances when we have reason to believe it is necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Service, uncover fraud, or to protect the safety or security of our users, website, or the general public.

Business Transaction

If DSTC is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred or becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the Internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Remarketing

DSTC uses remarketing services to advertise on third party websites to you after you visited our Services. We, and our third party vendors, use cookies to inform, optimize and serve ads based upon your past visits to our Services.

Google

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

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/

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/about/ads/#568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Do Not Track Disclosure

We support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

DSTC Minors Notice

DSTC will not solicit and does not intend to collect personal information from people under eighteen (18) years of age. We will specifically instruct people under eighteen (18) not to submit personal information on the website. If a person under eighteen (18) provides us with personal information and that person’s parent or guardian wants it removed from our records, the parent or guardian should contact us by sending an email to info@davescotttriclub.com. We will use commercially reasonable efforts to delete the person’s information from our existing files.

California Residents

If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.

Alternatively, the law provides that if a company has a Privacy Policy that gives either an opt-out (often referred to as “unsubscribe”) or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, that the company may instead provide you with information on how to exercise your disclosure choice options.

This web site qualifies for the alternative option; it has a comprehensive Privacy Policy and provides you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and want to request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Please send an email to the Privacy Administrator at support@davescotttriclub.com, or you may contact us via regular mail at:

Dave Scott Tri Club
Attention: Privacy Administrator
PO Box 118
Cardiff, CA 92007

All requests sent via regular mail must be labeled “Your California Privacy Rights” on the email subject line or envelope and clearly stated on the actual request. For all requests please include your name, street address, city, state, and zip code.

We do not accept requests via telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Data Processing Addendum (“DPA”)

To comply with the EU’s General Data Protection Regulation (“GDPR”), we have updated our internal data collection policies to adhere to those outlined in the GDPR.

“DSTC”, “we”, “us”, or “our” refers to the owners of the DSTC website and services, (collectively referred to as the “DSTC.”).

“User” or “You” or “Customer” refers to the customer or user that registers to use DSTC.

“Party” refers to DSTC and/or the Customer depending on the context.

  1. Personal Data Protection Policies
  1. Each Party agrees that personal data shall be treated as confidential information under this DPA.
  2. Personally identifiable information shall remain the property of the disclosing party. DSTC recognizes that User is the controller and maintains control over personal data.
  3. DSTC will process User’s personal data only to the extent strictly necessary for the purpose of providing the Services in accordance with our Terms of Service and any further written instructions from the customer that are mutually agreed upon in writing.
  4. DSTC Will:
  1. Implement and maintain a reasonable and appropriate security program comprising adequate security, technical and organizational measures to protect against unauthorized, unlawful or accidental processing, use, erasure, loss or destruction of, or damage to, customer personal data.
  2. Not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on DSTC’s behalf unless the third party is bound to similar confidentiality and data handling provisions.
  • Only allow give access to customer personal data to employees, contractors, and vendors on a  “need-to-know” basis to the extent necessary to perform its obligations under the Terms of Service.
  1. Only process customer personal data to the extent necessary to perform its obligations under the Terms of Service, upon written instructions of the customer (only as mutually agreed upon), and in accordance with applicable laws.
  1. Upon termination of your account DSTC will delete, destroy, or anonymize the personal data in accordance with our standard backup and retention policy per the Terms of Service This process shall occur within 60 days. If we are required to retain personal data due to Union, Member State, or United States laws, then DSTC reserves the right to retain personal data.
  1. Information Breaches and Incidents
  1. When either Party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other. Parties agree that they shall reasonably cooperate in order to enable the other Party to perform an investigation, craft a response, and to take necessary steps in regards to the incident.
  2. Any notifications made under this section shall be made to info@davescotttriclub.com. All notices should include a description of the incident, the name and contact details of the point of contact where more information can be obtained, and measures taken or proposed to be taken to address the incident.
  1. Liability and Indemnity
  1. Each Party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified Party and arising directly or indirectly out of or in connection with a breach of this DPA.

Changes To This Privacy Policy

This Privacy Policy and Data Processing Amendment are effective as of July 15, 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Services after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

For Additional Information

If you have any questions regarding our Legal Notices, please contact info@davescotttriclub.com.

IF YOU DO NOT AGREE TO ALL OF OUR LEGAL NOTICES, YOU MUST NOT USE OUR WEBSITE OR OUR SERVICES. BY USING OUR WEBSITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR LEGAL NOTICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

CONTACT US: For questions or comments regarding our Privacy Policy or the Website, please send an email to info@davescotttriclub.com.