EvenSteps Privacy Policy

Last Updated: December 11, 2017

At EvenSteps, we respect your privacy and are committed to maintaining your trust. This Privacy Policy describes our policies on the collection, use, and disclosure of information in connection with your use of our consumer-facing mobile application (“EvenStepsApp”), our online EvenSteps coaching center management software (“Software Service”). When you access or use the EvenSteps Services, you agree to the terms and conditions of this Privacy Policy.

1. Defined Terms.

The following terms will have the meanings indicated below.

End User” means any individual who interacts with the EvenSteps Services, including users of our mobile applications such as the EvenSteps App, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the EvenSteps Services.

Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as browser and device information, app usage data, information collected through cookies, pixel tags and other technologies, demographic information and other information provided by you, and aggregated information.

Personal Information” is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs.

Subscriber” is any business or entity that subscribes to (or otherwise accesses or uses) our Software Service.

Sometimes, we use the term “information” in this Privacy Policy, which may refer to either Personal Information or Other Information.

2. Information We Collect.

We may collect information about you whenever you use the EvenSteps Services, for example:

· When you create an account on the EvenSteps App, we may ask for Personal Information such as your name, email, mailing address, social media account ID, and other information you may provide with your account. You can edit certain information in your account through the My Profilesection in the EvenSteps App.

· If you are a customer of one of our Subscribers, we collect information about you when you interact with their business through the EvenSteps Services. For example, if you initiate a transaction with the Subscriber through the Service, such as scheduling a session, registering to a classschedule or online payment of invoice, we may collect information about you, such as your name, email as well as any other information you provide in order to process the transaction. EvenSteps does not store or have direct access to your credit card information during online payments.

· If you’re a Subscriber, we collect information about your business that is submitted to the EvenSteps Services under your account. When you sign up for our Software Service, we ask for your company name, address, phone number, email and other information about your business, as well as names and email addresses of authorized individuals on your account. We also collect Personal Information about your customers that they provide to the EvenSteps Services when they initiate a transaction with you, such as scheduling a session, registering to a classschedule or online payment of invoice.

· We may store information that your computer or mobile device provides to us in connection with your use of the EvenSteps Services, such as type of computer or mobile device, unique device identifier, IP Address, MAC add ress, device’s operating system We may also store usage data such as the date and time the application on your device accesses our servers, and what information and files have been downloaded to the application based on your device number.

· If you initiate a transaction through the EvenSteps Services, such as a scheduling a session, registering to a classschedule or online payment of invoice, we may collect and store information, including your name, phone number, address, email as well as any other information you provide to us, in order to process your transaction. This information may be shared with third parties for the same purposes. We may also collect other Personal Information at the request of the business you are transacting with.

· We may collect other Personal Information through the EvenSteps Services under the direction of our Subscribers.

· We currently use CardConnect and PayPal as Third Party Offerings for internet based payment services. CardConnects’sprivacy policy is located at https://cardconnect.com/privacy-policy .PayPal’s privacy policy is located at https://www.paypal.com/us/webapps/mpp/ua/privacy-full .

3. How Personal Information May Be Used.

We may use your Personal Information:

· To respond to your inquiries and fulfill your requests.

· To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.

· To complete and fulfill your purchase or class registration, for example, to process your payments, communicate with you regarding your purchase and provide you with related customer service.

· To send you marketing communications that we believe may be of interest to you, such as to send you newsletters.

· To share with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.

· To personalize your experience on the EvenSteps Services by presenting products and offers tailored to you, including complementary products and services of our partners.

· To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.

· Our mobile applications may also send push notifications to your mobile device. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device's calendar application, camera, and microphone. If you have previously allowed access to your device's calendar and no longer wish to allow access, you may edit the application settings at the device level.

· For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our products and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

· As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

4. How Personal Information May Be Disclosed.

We may disclose your Personal Information:

· To our affiliates for the purposes described in this Privacy Policy.

· To our strategic partners and third-party service providers who provide services such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.

· To our Subscribers if you are an End User and are using our EvenSteps Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber’s privacy practices.

· To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.

· To third-party sponsors of sweepstakes, contests and similar promotions.

· By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled “Testimonials, Ratings and Reviews” and “Public Forum.”

· For legal purposes described in the section below titled “Legal Disclosure.”

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.

5. Your California Privacy Rights: Notice to California Customers and Opt-Out Information.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please follow the instructions in Section 6, immediately below.

6. Your Choices.

If you would like to access, review, correct, update, suppress, or remove Personal Information that has been previously provided by you, you may contact us by logging into your account and making the appropriate changes or by emailing our customer support at support@EvenSteps.com.

In your request, please make clear what Personal Information you would like to have changed or removed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase). There may also be residual information that will remain within our databases and other records, which will not be removed.

If you are under 18 years of age and a user of the EvenSteps Services, you may ask us to remove content or information that you have posted to the Service by submitting a request to support@EvenSteps.com. Please note that your request does not ensure complete or comprehensive removal of the content or information.

If you are a customer of one of our Subscribers and would no longer like to be contacted by one of our Subscribers, or would like to access, correct, amend, or delete inaccurate Personal Information held by a Subscriber, you must contact the Subscriber directly.

Your choices regarding our use and disclosure of Personal Information

Information you provide may be used by EvenSteps for marketing purposes, including but not limited to, one-off promotional e-mailing, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the EvenSteps Services, and you cannot opt-out from receiving those messages.

7. Tracking and Advertising.

We and our third party service providers may collect Other Information in a variety of ways. We and/or our third party partners may employ various tracking technologies, such as cookies, and analytics software, that help us better manage content on the EvenSteps Services by informing us what content is effective.


When you visit our website or otherwise interact with the EvenSteps Services we (or third party data) may send one or more cookies to your computer or other devices. “Cookies” are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization and providing custom content. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to any Personal Information you submit while on our site.

We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html . If you reject cookies, you may still use our site, but some features on the site will not function properly.

Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.

Web Beacons

We (or third party data or ad networks we work with) may use Web Beacons alone or in conjunction with cookies to compile information about our EvenSteps Services, or Other Information we or they have collected. “ Web Beacons” (also known as pixel tags) are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allow checking that a user has viewed the page or email. Web Beacons may be used within the EvenSteps Services to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by Web Beacons to our Subscribers’ and End Users’ Personal Information. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. Web Beacons are also deployed by third parties, in connection with Cookies, to serve interest-based (and other) advertising, as described in the below section titled “Advertising Networks”.

Flash and HTML5 Storage

We use Local Shared Objects, such as Flash cookies, AND/OR Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here .

Do Not Track Signals

We do not respond to browser ‘do not track’ signals at this time.

Analytics Software

We and our third party tracking-utility partners use log files on the EvenSteps Services to gather certain information automatically and store it for analytical purposes. This information includes internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use Google Analytics, which uses cookies and other, similar technologies to collect and analyze information about use of the EvenSteps Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/ , and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout .

We use this information to track and aggregate Other Information to analyze trends, administer the site, track users’ movements around the EvenSteps Services and to gather demographic information about our user base in the aggregate.

8. Public Forum.

Our Website offers publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose Personal Information through EvenSteps public message boards, blogs, or forums, this information may be collected and used by others. To request removal of your Personal Information from our blog or community forum, contact us at support@EvenSteps.com . In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why.

9. External Authentication.

You can log in to some of the EvenSteps Services using sign-in services such as Facebook Connect, Google, Twitter or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form.

10. Testimonials, Ratings and Reviews.

If you submit testimonials, ratings or reviews to the EvenSteps Services, any Personal Information you include will be displayed in the Service. If you want your testimonial removed, please contact us at support@EvenSteps.com.

We also partner with third-party service providers to collect and display ratings and review content on our web site. If the content collected by a third party for display includes Personal Information, it will not be posted unless consent is provided by the individual.

11. Legal Disclosure.

We reserve the right to disclose Personal Information that we believe to be necessary or appropriate in the following circumstances:

· As required by law, including laws outside your country of residence, such as to comply with a subpoena, or similar legal process.

· When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request including a request from authorities outside your country of residence.

· To allow us to pursue available remedies or limit the damage we may sustain.

· If EvenSteps is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice within the software and/or on our Website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

12. Links to Other Websites.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our Subscribers and any third party operating any Third Party Offering, site or other products and services used in connection with the EvenSteps Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the EvenSteps Services.

13. Data Retention.

We will retain your Personal Information for as long as needed to provide the applicable EvenSteps Services you use, unless a longer retention period is required or permitted by law.

14. Security of Your Information.

The security of Personal Information is a high priority at EvenSteps. We maintain our EvenSteps Services and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us (if, for example, you feel that the security of any account you might have with us has been compromised), you can contact us at support@EvenSteps.com.

15. Use of Service by Minors.

The EvenSteps Services are not directed or targeted at children under the age of thirteen (13), and we request that they do not provide Personal Information through the EvenSteps Services.

16. Cross-Border Transfer.

The EvenSteps Services are controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the EvenSteps Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

17. Sensitive Information.

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, trade union membership or criminal background) on or through the EvenSteps Services or otherwise to us, except where explicitly requested.

18. Changes to This Privacy Policy.

EvenSteps may, in our sole discretion, make changes to this Privacy Policy from time to time. Any changes we make will become effective when we post a modified version of the Privacy Policy to http://www.EvenSteps.com/privacy-policy . If we make any material changes to the Privacy Policy, we may also notify you by posting notice on the Website or within the applicable EvenSteps Services, or by sending you an email. If you continue using the EvenSteps Services after any notice of any such changes, it means you have accepted them. If you do not agree to any changes, you must stop using the EvenSteps Services, as applicable. It is your obligation to ensure that you read, understand and agree to the latest version of The Privacy Policy. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated.

19. Contact Us.

If you have any questions regarding this Privacy Policy you can contact us via email at support@EvenSteps.com or via postal mail at:

EvenSteps, Inc.
833 Regan Way,
Fremont CA 94539