TD Athletes Edge, LLC Privacy Policy
Last updated March 4, 2023
This website and any other URLs and websites administered by TD Athletes Edge, LLC (collectively, the “Site”) are offered by TD Athletes Edge, LLC and its affiliates (collectively, “TDAE” or “we” “our” or “us”) to you, the user, subject to your acceptance of all the terms and conditions as set forth below ("Privacy Policy"). The terms "you" “your” and "user" refer to all individuals and entities that access the Site. TDAE has created this privacy policy to make sure you know what information TDAE collects and how TDAE uses it. By using the Site, you expressly consent to the collection, storage, disclosure and use of your information as outlined in this Privacy Policy and you agree to the terms and conditions of this Privacy Policy.
If you reside outside the U.S., your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in, the U.S.
TDAE will occasionally update this Privacy Policy to reflect changes in TDAE’s practices and services. When changes are made to this Privacy Policy, TDAE will notify you via email. Regardless of notice, by visiting this Site, you are accepting the terms of the then-current Privacy Policy. If you follow any external links, located on the Site, to third-party websites, TDAE is not responsible for the content or the privacy policies of these other websites.
TDAE encourages you to check back, from to time, and review this Privacy Policy so that you always will know what personally identifiable information TDAE collects, how it is used, and to whom it is disclosed.
But first, a note about the content on the Site:
TDAE provides information on TDAE’s Site for educational, general advisory, and informational purposes only. TDAE’s nutritional, training, and/or exercise suggestions are not intended to be complete and comprehensive advice on your health, physical fitness, diet and nutrition, but rather are based on the general observations of TDAE. The information on the Site is not provided by a physician, certified nutritionist, or psychologist, and the scope of the consultation services does not include treatment or diagnosis of specific illnesses or disorders. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. You understand that some of the nutrition and/or physical fitness advice on this Site is not universally accepted as evidence-based practice and is neither sponsored, approved, recommended nor endorsed by the USDA (United States Department of Agriculture), FDA (Food and Drug Administration), NIH (National Institutes of Health), AHA (American Heart Association), ADA (American Diabetes Association), or AND (Academy of Nutrition and Dietetics). The information on this Site is not intended as medical advice, medical nutrition therapy or individualized nutrition counseling/coaching. The TDAE Site and its authors do not claim to cure, prevent, diagnose, or treat any disease, disorder, or health condition. Always consult a qualified healthcare professional before changing your diet or medications or beginning any exercise routine. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk. This advice is provided “as is.” No warranty as to the accuracy or completeness of the information and general advice on the TDAE Site is implied or given.
The information on the TDAE Site is copyrighted material, and is intended for your personal use. You may not distribute, sell or otherwise commercialize TDAE’s advice or content.
What information does TDAE collect?
TDAE may collect information about you, when you interact with the Site, including, your name, email, phone number, address, billing information, location, emergency contact information, information concerning current physical injuries, your diet and/or exercise information, and/or personal information you choose to submit to the Site, and other data as specifically described herein. TDAE may contact users to confidentially request more information about themselves, their business (if applicable), content created via the Site, and/or to ensure compliance with TDAE’s rules.
You may provide us with this personal information when you:
Register for a Membership on the Site;
Sign up for newsletters, email alerts, and special offers;
Submit a job application or inquiry;
Submit information through any contact form on the Site;
Request customer support or send TDAE any other communication;
Enter sweepstakes or contests;
Respond to surveys;
Participate in any TDAE referral, rewards or promotional programs;
Make use of TDAE’s Social Media Widget features; and/or
You may provide us with information about other people, such as their email addresses, if you refer a friend to the Site or TDAE promotions or share TDAE content with such third party.
Information collected by Cookies:
TDAE uses cookies on the Site to improve the quality of the Site and services to you. One of the features of cookies is to provide a convenience feature to save you time. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies TDAE’s users. TDAE's cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in TDAE’s secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site.
Do Not Track:
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. TDAE is committed to providing you with meaningful choices about the information collected on the TDAE Site for third party purposes, and that is why TDAE provides the opt-out links below. However, TDAE does not support DNT or recognize or respond to browser-initiated DNT signals.
These links may not represent all opt-out options available or third parties collecting information via the Site.
To opt-out of the double click and other Google advertising cookies, please visit the Google advertising opt-out page.
To opt-out of analysis via the Google Analytics cookie, please visit the Google Analytics opt-out page.
Your California Privacy Rights:
If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you can email us or write to us at the address below. Mention in your letter that you are making a "California Shine the Light" inquiry. We will respond within 30 days.
You may also request that we provide you with an accounting of your personal information held by TDAE. You may submit that request to TDAE via email at tdteam@tdathletesege.com, or toll free at 63 ½ Jefferson Avenue, Salem MA 01970. Upon verification of your identity and within 45 days, we will provide you with a paper copy of your personal information via the United States Postal Service.
Information collected by Web Beacons and Log Files:
When you visit the Site, TDAE’s servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your:
· IP address
· browser type or the domain from which you are visiting
· operating system
· your browser ID
· how many times your device (computer or phone, for instance) access the Site, including dates and times of such access
· Your activities on the Site
For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. TDAE uses Log Data to monitor the use of the Site and the TDAE Service, and for the Site's technical administration. TDAE does not associate your IP address with any other personally identifiable information to identify you personally, except as required to enforce this Privacy Policy and the Terms and Conditions for the Site or as necessary to protect the rights, property, or safety of TDAE, its employees, customers, or other users.
Information collected through Reviews and Testimonials:
You may choose to submit a review or testimonial. If you post a review, TDAE may ask for certain information to validate your review or testimonial such as your first name and an optional photo. TDAE will not use any testimonial or review that is not accompanied by a photo. If you submit a review or testimonial, TDAE may publish your first name, geographic location or other anonymous information but your last name and email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review or testimonial can be read or used by other visitors to the Site. TDAE is not responsible for any personally identifiable information that you choose to submit as part of your review or testimonial.
Information collected from other sources:
We may receive information about you from a friend or colleague. For example, if your friend or colleague provides your information through one of our refer-a-friend type features. If you use one of these features, please ensure that you only submit email addresses of individuals with whom you have a close personal, professional, or family relationship, who would be interested in receiving the communication, and who has authorized you to share their email address.
How does TDAE secure and store your information?
The security of your personal information is important to us. TDAE uses an SSL Protocol to secure the Site. Additionally, your TDAE account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using TDAE’s services. TDAE believes in the privacy of TDAE’s users. TDAE employs industry standard precautions designed to protect your information from unauthorized access. TDAE will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
TDAE currently stores user information via secure cloud-based web hosting services, provided by ZenPlanner, and the information is stored on servers located within the United States.
Remember that no method of transmission over the internet or method of electronic storage is 100% secure. TDAE cannot promise, and you should not expect, that your personal information or private communications will always remain private. TDAE cannot guarantee complete security.
How is your Payment Information secured?
Depending on the service or Membership you sign up for and whether you sign up in person or through our Site, you may use one of the following merchant gateways: powered by PaySimple, PaySafe, Square, and/or Stripe.
PaySimple is based in Denver, CO. The company’s ecommerce platform is PCI compliant adhering to standards and protocols for building and maintaining secure networks for financial transactions. Through PaySimple, you can use Mastercard, Visa, American Express, and Discover. For more information on PaySimple policies click here.
PaySafe is based in London, UK. The company’s ecommerce platform is PCI compliant adhering to standards and protocols for building and maintaining secure networks for financial transactions. Through PaySafe, you can use Mastercard, Visa, American Express, and Discover. For more information on PaySafe’s policies click here.
Stripe is based in San Francisco, CA. The company’s ecommerce platform is PCI compliant adhering to standards and protocols for building and maintaining secure networks for financial transactions. For more information on Stripe’s security policies click here. Through Stripe, you can use Mastercard, Visa, American Express, and Discover. Stripe has its own privacy policy regarding how they collect and use your information and what you can do to restrict that. Click here to review their privacy statement.
Square is based in San Francisco, CA. The company’s ecommerce platform is PCI compliant adhering to standards and protocols for building and maintaining secure networks for financial transactions. Through Square, you can use Mastercard, Visa, American Express, and Discover. For more information on Square’s policies click here.
How does TDAE use your information?
TDAE will not sell or disclose your name, email address or other personal information to third parties without your explicit consent, except as may be specified in this policy from time to time. TDAE uses the personally identifiable information you provide to:
Provide the features and functionality of the Site and to improve TDAE’s products and services;
Fulfill your requests for TDAE’s products and services;
Communicate with you concerning the status of your account and your account activities;
Send you information about TDAE’s products and services;
For TDAE’s internal business purposes, including, but not limited to data analysis, and audits;
Provide notices about the results of sweepstakes, contest, and other promotions; and
Help us create content that is most relevant to you.
TDAE uses your email address to communicate with you about your account and to send you certain notification emails. You can unsubscribe from such communications using the unsubscribe link provided therein. If you refer a friend or colleague to the Site or TDAE’s promotions, TDAE will use your friend's/colleague’s email to send them the e-mail you requested. Your friend's/colleague’s e-mail addresses will only be used for this purpose unless permission is otherwise granted by such friend or colleague.
TDAE uses non-personally identifiable information to monitor the use and performance of the Site so that TDAE can learn more about how people use the Site which helps us improve TDAE’s services and significantly enhance your experience on the TDAE Site.
Retention of Data
TDAE retains personal information when we have an ongoing legitimate business, legal, or compliance need to do so. Our retention periods will vary depending on the type of personal information. The general factors we consider in determining whether to retain personal information are:
· Whether we have a legal or contractual need to retain the information
· Whether the information is necessary to provide our services or for functionality of Site features
· Whether our account holding users have the ability to access and delete the information from their accounts
When TDAE has no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, when personal information has been stored in backup archives), then TDAE will securely store such personal information until deletion of such information is possible.
Personal Information Accessible by other Users.
When you post a comment, review, testimonial, or message on the Site or in response to a TDAE blog, your name may be visible to other users.
Additionally, if your comment or message contains personal information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you may receive unsolicited messages from other parties as a result. Any content or information you upload that is visible to third parties is not considered personally identifiable information subject to this Privacy Policy. Always use care when you post such information.
If you send information through our contact forms on the Site. You will be asked to provide, your name, email, and phone number.
If you have any questions or comments about this Privacy Policy or TDAE’s use of your personally identifiable information, please contact us at tdteam@tdathletesege.com.
Does TDAE disclose the information it collects to outside parties?
Generally, TDAE does not share personal information about you with other people or nonaffiliated companies without your consent except that:
TDAE provides information to its agents and trusted service providers and contractors for limited purposes, without limitation, hosting and maintenance, database storage and management, offering certain products and services; marketing campaigns; communicating with customers; providing customer service; managing information on TDAE’s behalf; and enhancing the Site features and functionality. TDAE will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
The service providers engaged by TDAE, and links to their individual privacy policies, are listed here and may be updated from time to time.
If you sign up for a promotion (e.g., a contest, rewards program, or sweepstakes offer) or enroll in a service TDAE offers in partnership with a third party, TDAE may provide information (such as your name, email address, and account activity) to such third parties.
TDAE may also release information (including, but not limited to, your name, email address, addresses, telephone number, and activity on the Site) when TDAE, in TDAE’s sole discretion believes that such release is necessary or appropriate to:
comply with law;
comply with subpoenas, warrants, court orders, government investigations, or other legal process;
enforce or apply the terms of any of TDAE’s user or license agreements;
investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity
investigate fraud or similar claims;
protect the rights, property or safety of TDAE, TDAE’s users, or others.
to protect TDAE’s operations; or
to permit TDAE to pursue available remedies or limit the damages that TDAE may sustain.
Advertising
TDAE may use third party service providers to place ads on TDAE’s behalf across the internet and sometimes on the Site. They may collect anonymous information about your visits to TDAE’s Site, and your interaction with TDAE products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major sites. If you would like more information about this practice and to know your choices about not having this anonymous information used by TDAE’s third party service providers, please contact TDAE at tdteam@tdatheletesedge.com.
Does this Privacy Policy apply when I access third party websites?
You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. TDAE cannot control and cannot be held responsible for the content that appears on those sites and is not an endorsement, authorization or representation of TDAE’s affiliation with that third party. Furthermore, TDAE is not responsible for the privacy policies of any third-party site or for how they treat information about their users. These third-party sites may place their own cookies on your computer, collect data, or solicit personal information. You may be consenting to those websites through use of the Site. TDAE encourages you to read the privacy policies or statements and terms of service for each of the other websites you visit.
Business Transfers.
TDAE may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.
TDAE’s Policy Towards Children
The Site is not directed to persons under 16. If a parent or guardian becomes aware that his or her child has provided TDAE with personally identifiable information without their consent, he or she should contact TDAE at tdteam@tdatheletesedge.com. TDAE will take actions to promptly remove such data. TDAE does not knowingly collect personally identifiable information from children under 16. If TDAE becomes aware that a child under 13 has provided personal identifiable Information, TDAE will delete such information.
How can I change, delete, or update my information?
Most of your account information can be changed in the “Dashboard” section of your account on the Site. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at tdteam@tdatheletesedge.com or Privacy c/o TDAE, 63 ½ Jefferson Avenue, Salem, MA 01970. After receiving proof of your identity, TDAE will provide the information to you, and you may request that TDAE delete or change any or all of the information.
Unless stated otherwise, TDAE’s current Privacy Policy applies to all information that TDAE has about you and your account.
Use of this Site by individuals located in the EU
If you are a resident of the European Union or provide personal information through this website while located in the European Union, we offer you certain choices in connection with the personal information we collect from you on this Site.
Users in the European Union may have the choice:
· to be provided with a copy of your personal data held by us;
· to request the rectification or erasure of your personal data held by us;
· to request that we cease processing your data;
· to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
· to request that your data be transferred to you or a third party.
We may use your data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may provide by checking certain boxes on the forms we use to collect your data. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or previously consented to.
To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact us at tdteam@tdatheletesedge.com.
General Terms:
If any provision of this Privacy Policy is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Privacy Policy shall remain in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Privacy Policy. This Privacy Policy shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws rules, and the United States of America. TDAE may assign its rights and responsibilities hereunder without notice to you. These terms and conditions will inure to the benefit of TDAE’s successors, assigns and licensees. Any heading, caption, or section title contained herein is inserted only as a matter of convenient, and in no way defines or explains any section or provision hereof. The failure of TDAE to exercise or enforce any right or provision of this Privacy Policy will not constitute a waiver of such rights or provisions. Except as explicitly stated otherwise, any notices shall be given by postal mail to TDAE; Attn: Legal Department, 63 ½ Jefferson Avenue, Salem, MA 01970 (in the case of TDAE) or, in your case, to the email address you provide to TDAE (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TDAE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TDAE. In such case, notice shall be deemed given three days after the date of mailing.
Unless stated otherwise, TDAE’s current Privacy Policy applies to all information that TDAE has about you.
The current version of the TDAE Privacy Policy was adopted effective as of October 17, 2019.