Effective Date: April 22, 2011
Personal Information Collected
In order to register for the website, users may be required to provide personal information on the applicable registration form that may include, but not be limited to, all or some of the following: (a) your correct and verifiable name; (b) postal address; (c) telephone number; (d) date of birth; (e) e-mail address; and (f) gender (collectively, "Personal Information").
Understand that the Personal Information that you submit is voluntary but required if you wish to register as a member. By submitting your Personal Information to, and/or using, the Website, you agree to allow Brainware to transfer and/or sell such aggregate data to third parties. Brainware reserves the right to transfer and/or sell aggregate or group data about Brainware users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Brainware users as a group without disclosing personally identifiable information. Where you register as a member on the Website, you may receive e-mail confirming registration with Brainware, as well as promotional e-mail marketing commercial products and services.
We use your IP address to help diagnose problems with our server and to administer the Website. Your IP address is used to gather broad and specific demographic information, as well as for validation purposes.
Website Tracking Software
Our web servers and/or those of third-party vendors, utilize certain tracking software to capture your domain name address (the address of your Internet service provider) for purposes of tracking Website statistics. Note that we only collect information about you when you voluntarily provide that information through an application or registration or some other Website activity that we may provide from time to time. The capture of your domain name is a common practice among websites for measuring the number of hits, pages visited and length of user session. We use this information to measure the effectiveness of the Website offerings in order to service you better.
Sharing of Information
Brainware is able to offer membership to you, in part, based on your willingness to be reached by our third-party advertisers. In connection with this, your Personal Information will be shared with advertisers on an aggregate and non-aggregate basis. We also use contact information from your Personal Information to send you information about Brainware and to keep you informed of our other products and services that may be of interest to you. Please keep in mind, though, that Brainware does not control, and is not responsible for, the practices of our third-party advertisers. Your contact information is also used to reach you, when necessary, regarding issues concerning your use of the Website. If you wish to stop receiving future communications from us and/or third party advertisers, or if you wish to prevent the transfer and/or sale of your Personal Information to third parties (subject to restrictions contained in applicable state and federal law), please see the Unsubscribe section below.
By submitting your e-mail address at the Website and/or registering as a member, you agree to receive e-mail marketing from Brainware (including other Brainware properties) and our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, Brainware retains the right to contact you via telemarketing in accordance with the terms of the ATSR.
Brainware reserves the right to release current or past user information and Personal Information: (A) in the event that we believe that the Website isbeing or has been used in violation of the PersonalTrainer Website Terms and Conditions or to commit unlawful acts; (B) if the information is subpoenaed; or (C) if Brainware is sold or acquired. Moreover, you hereby consent to disclosure of any record or communication to any third-party when Brainware, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.
The Website may contain links to other third-party owned and/or operated websites. Brainware is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Brainware has no responsibility or liability relating to them.
Brainware provides you with the opportunity to receive special offers, products and/or services from other third-party companies. To receive such offers, products or services, certain aspects of your Personal Information will be shared with such third-party companies, so that they may provide their offer, product or service to you without requiring that you first complete another registration form.
All collected information is stored in a technically and physically secure environment. In addition to taking steps to protect user information online, we also take steps to protect user information off-line. Unfortunately, no security measures can ever be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to Personal Information is strictly limited, and not accessible to the public. All Personal Information is restricted in our offices. Only employees that need the Personal Information to perform a specific job (for example, a customer service representative) are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Information at the Website. Brainware does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Brainware encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
To stop receiving future e-mail communications from Brainware, please Click Here. To opt-out of having your information shared with third parties, please Click Here. Brainware uses Personal Information to provide promotional offers by e-mail to individuals. Brainware may maintain separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail message to unsubscribe from the particular list. To unsubscribe from all Brainware e-mail lists, please Click Here.
Personal information supplied to Brainware during registration can be modified by contacting us by contacting customer service at . You may also contact customer service via email at .
Contacting the Website
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