Scope of This Privacy Policy

This Privacy Policy describes how Peaksware, LLC (“Peaksware,” "we," "us," and “our") protects your privacy when you use the websites or pages that display this Privacy Policy, including without limitation our website located at www.trainingpeaks.com (hereinafter referred to as the "Site").

This Privacy Policy applies only to personal information collected through the Site.  "Personal information" means information that identifies you personally, either alone or in combination with other information available to us, including, without limitation, Content you post to the Site as defined in the Trainingpeaks.com Terms and Conditions of Use Agreement (“Terms of Use”).

This Privacy Policy is part of and incorporated into the Terms of Use for the Site. To review the full Terms of Use for these Site, http://www.trainingpeaks.com/term-of-use.aspx

Effective Date of this Privacy Policy

This Privacy Policy was last updated on, and is effective as of January 23, 2009.

Your Consent to This Privacy Policy

By using a Site that displays this Privacy Policy, you are agreeing to the collection, use, and disclosure of your personal information as described in this Privacy Policy.  If you do not consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy, you are not permitted to use the Site.

Questions Concerning Our Online Privacy Practices

If you have any questions or concerns regarding this Privacy Policy or our privacy practices, please send an email to support@trainingpeaks.com or call us at (720) 406-1839.

This Privacy Policy May Change

We reserve the right to update or modify this Privacy Policy, at any time and without prior notice, by posting the revised version of this Privacy Policy on the Site.  Your use of the Site following any such change constitutes your agreement that all personal information collected from or about you through the Site after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

You may access the current version of this Privacy Policy at any time by clicking on the link marked "Privacy Policy" on each page of the Site.

Privacy Notices and Click-Through Agreements

This Privacy Policy may be supplemented or amended from time to time by “Privacy Notices” posted on the web pages on which we collect your personal information.  Generally, Privacy Notices provide details about the personal information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

This Privacy Policy may also be supplemented or amended by the terms of a “Click Through Agreement” between you and one or more of us.  In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking a button marked “I agree.”  If the terms of the Click Through Agreement are different than the terms of this Privacy Policy, the terms of the Click Through Agreement will supplement or amend this Privacy Policy, but only with respect to the matters governed by the Click Through Agreement.

What Personal Information Do We Collect through the Site?

Information You Volunteer.  We collect the personal information you knowingly and voluntarily provide when you use the Site, including, for example, the information you provide when you register on the Site and your fitness and training data that is uploaded to the Site.

Automatic Updates.  Under certain circumstances, such as if you register to participate in the Microsoft HealthVault™ Program, we may automatically pull, synchronize or transfer Personal Information from your Account and any device that you have linked to your Account.

Information Sent to Us by Your Web Browser.  We collect information that is sent to us automatically by your web browser.  This information typically includes your IP address, the address of the web page you were visiting when you accessed the Site, the name of your operating system, the name and version of your browser, and the date and time of your visit.  The information we receive depends on the settings on your web browser.  Please check your browser if you want to learn what information your browser sends or how to change your settings.

The information provided by your browser does not identify you personally.  However, if you access the Site by clicking on a link in an email we have sent you, we may link the information provided by your browser to information that identifies you personally.  In addition, we may review our server logs for security purposes, such as detecting intrusions into our network.  If we suspect criminal activity, we might share our server logs - which contain visitors' IP addresses - with the appropriate investigative authorities who could use that information to trace and identify individuals.

Information Collected Using "Cookies" and Other Web Technologies.  We use "cookies," and similar technologies to collect information and manage the Site.  A cookie is a small text file that is placed on your hard disk by a Web server.  Each time you visit the Site, our Web server will recognize you by "searching" the information contained in these cookies.  This permits us to offer you a personalized experience when you use the Site.  These cookies do not identify you personally but linked with other information they may identify you personally.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer.  You may also delete our cookies as soon as you leave the Site.  Although you are not required to accept our cookies when you visit the Site, if you set your browser to reject cookies, you will not be able to use all of the features and functionality of the Site.

How Do We Use Your Personal Information?

• To provide the products, information and services you request;
• For security, credit or fraud prevention purposes;
• To provide you with effective customer service;
• To provide you with a personalized experience when you use the Site;
• To create a profile from the dealings we have with you to help understand what information you might be      interested in receiving from us;
• To contact you with special offers and other information we believe will be of interest to you;
• To contact you with information and notices related to your use of the Site;         
• To invite you to participate in surveys and provide feedback to us;
• To contact you to satisfy any legal or regulatory obligation;
• To improve the content, functionality and usability of the Site;
• To improve our products and services and develop new products and services;
• To improve our marketing and promotional efforts;
• As set forth in any Privacy Notice or “Click Through Agreement” between you and us.

With Whom Do We Share Your Personal Information?

All Personal Information collected on or through the Site will be owned by Peaksware, except that you will maintain all ownership of your Content as defined in the Terms of Use.  Peaksware will take reasonable efforts to preserve the confidentiality of your Personal Information and will not share your Personal Information with third parties except as provided in this Privacy Policy, including the following:

Participation in Select Applications through the Site.  Some applications on the Site permit users to post, upload, transmit through or otherwise make available (“post”) text, photographs, workout or training data, images, illustrations, graphics, audio, video and audio-video clips, or other materials (“Content”) on or through the Site for public view, including, for example, public libraries or blogs.  The Site will alert you the first time you access an application that permits your Personal Information to be publicly visible, and you will have the opportunity not to proceed or use that feature.

Sponsors and Professionals.   If you have a Professional Client Account or a Sponsored Account, we may provide your Content, including personal information, to the Professional or Sponsor with whom your Account is linked.  It is your responsibility to have an agreement with your Sponsor or Professional regarding the Sponsor’s or Profesional’s use of your Content.  Peaksware has no control over such uses and will not be liable to you for any disclosure of your Personal Information by a Professional or Sponsor.

Service Providers.  We may share personal information collected through the Site with companies and organizations that perform services on our behalf; for example, companies that provide support services to us (such as data storage and web hosting services) or that help us process your donations (credit card companies).

Research.  We may disclose data that we collect through the Site to third parties for various research purposes.  The data that we provide to third parties will not identify you personally, although it may contain demographic information about you and other individuals who are members of the Site.

Protection of The Sites and Others.  We may disclose the personal information we collect through the Site when we, in good faith, believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce the terms of use or other agreements that govern your use of the Site; to protect the rights, property or safety of Peaksware, our users or others; or to protect your vital interests.

Business Transfers.  Information submitted to the Site is an asset of Peaksware and/or our affiliates and will become part of our normal business records.  Your personal information may be transferred to another company (either an affiliate or an unrelated third party) that has acquired the stock or assets Peaksware, or its affiliates; for example, in the event of a sale, merger, reorganization, dissolution or liquidation.  If such a transfer occurs, the acquiring company's use of your personal information will still be subject to this Privacy Policy and the privacy preferences you have expressed to us.

Your Choices /Changing Your Information

We respect your right to make choices about the ways we collect, use and disclose your personal information.  We generally ask you to indicate your choices at the time and on the page where you provide your personal information.  You may update your choices, or modify any of your personal information, by emailing us at support@peaksware.com.

Children's Privacy

The Site is not directed at nor targeted to children under the age of 13.  We do not use the Site to knowingly solicit personal information from or market to children under the age of 13.  If you are under the age of 13, do not provide us with any personal information.  If we learn that someone under 13 has provided personal information to one of the Site, we will use reasonable efforts to remove such information from our databases.  Parents and legal guardians may provide User Content on behalf of their children under 13 and may permit their child under 13 to view the Site if actively supervised by the child’s parent or legal guardian.

Security

SSL Protection. When you log in to the Site, we require that a secure connection between your computer and our server be established.  We use a technology called Secure Socket Layers (SSL), an encryption technology that works with most browsers.  A secure connection is maintained until you leave the secure area of the Site.  Although we use SSL encryption to safeguard the confidentiality of personal information as it travels over the Internet, "perfect security" does not exist on the Internet and we can not guarantee the safety of transmitting personal information over the Internet. 

While we endeavor to maintain appropriate measures to protect the security, confidentiality and integrity of your personal information, we cannot guarantee the security of personal information transmitted over the Internet and urge users to take every precaution to protect sensitive personal information while using the Internet.