EFFECTIVE DATE: AUGUST 15, 2023
TORBU is not subject to the health insurance portability and accountability act of 1996, as amended, (“HIPAA”). This means that TORBU is not bound by HIPAA to protect health information that you provide to us in the same manner that your doctor is required to protect information you may provide to him or her.
What Information We Collect and How We Use It
The nature of the personal information we collect and how we use it depends on the context in which we collect that personal information. Please see the section below that applies to you.
The Platform is not intended for the collection, storage or maintenance of Social Security Numbers or other sensitive personal information. Customers should not request, and End-Users should not provide Social Security Numbers or other sensitive personal information via the Platform. TORBU disclaims all responsibility for the listing of any Social Security Numbers on the Platform.
You may visit the TORBU website without having to log in or provide any personal information. However, if you are on the TORBU website to access a service or product, you may need to log in to make use of the functionality of the particular product.
Information We Collect
Directly from you. We collect information, including personal information, from or about you when you directly submit that information to us. For example, you may provide information when you register or log in to your Account through the TORBU website , when you complete and submit a form (e.g., to “contact,” “request,” or “apply”) on the TORBU website, or when you email us. This information may include your full name, email address, position or organization affiliation, telephone number, professional or employment-related information (e.g., information from your resume), and any other information you choose to provide to us.
How We Use This Information
We use the information collected to provide and improve the Platform and to analyze usage information for sales and marketing purposes. This analysis is necessary to understand our users and their interactions with us and the Platform so that we can best iterate and improve on our website and communications, including marketing purposes.
We also use the information collected to respond to your requests, to communicate with you in any manner that you have requested, or to perform activities for other purposes described to you at the point of collection. For example, if you submit a job application for a TORBU position through the Platform, we may use information you submitted to evaluate and respond to your application.
How We Share This Information
If you are an agent or employee of a TORBU Customer that has granted you access to the TORBU Platform, we may collect personal information from you as you use the TORBU Platform. We are providing the Platform directly to your organization. Your organization through which you interact with the Platform is the “data controller” for purposes of the personal information collected in connection with the Customer Account(s).
Information We Collect
Directly from you. We collect information necessary to provide the Platform. The information collected from you depends on each Customer’s specific requests and what is needed to integrate with your systems and to set up and maintain Accounts. This includes information in the following data categories:
Account information: The exact elements will depend on what specific information you as a Customer provide us, including records of users, such as names and email addresses.
Customer Information: We also collect user account information, including usernames and passwords, email addresses, mailing addresses, telephone numbers, websites, and titles to initially set up the Platform for you.If you choose to use the communication feature on the Platform to communicate with your fellow end-users, including to send images or media files, we will also collect, store, and archive your communication logs.
How We Use This Information
We use your information to provide you the features and functionality of the TORBU Platform, as well as to communicate directly with you and allow you to communicate with other TORBU users. It is necessary for us to use your information in this manner in order to provide you with the services your organization has requested pursuant to its agreement with TORBU. We will use your information to provide you with news and information about Platform updates, including to send you notices or disclosures. We may also use de-identified and aggregated information for any purpose, including to understand and improve our Platform. We do not provide any user data or personally identifiable information to any third parties for those third parties’ marketing purposes.
How We Share This Information
Customer Personal Information
TORBU is a “data processor” with respect to personal information and the TORBU Customer is the “data controller.” Where a TORBU Customer enters into an agreement with TORBU to access and use the Platform, that TORBU Customer acknowledges that TORBU is a data processor with respect to personal information received from that TORBU Customer, including personal information received from or about an athlete connected to that Customer’s Account.
Personal Information Ownership: All personal information remains the property of and is solely owned and controlled by our TORBU Customers. TORBU will only use personal information for the purposes of providing the Platform that our Customers have contracted with us to provide and we will process personal information according to instructions and the terms of our contract with our Customers. We may aggregate and de-identify personal information and use such aggregate and de-identified information for any purpose, including to understand and improve our Platform. Personal information will not be used for targeted advertising by TORBU or any of its third-party service providers. If you access or use the Platform on behalf of another person or entity and you submit information about that person or entity, you represent that you have the legal authority to disclose that information to us.
OTHER END USERS
Information We Collect
Directly from the Customer or another End-User. This information includes but is not limited to name and email address, and additional records as provided by the organization. Managers may also provide additional information about a member, such as learning and performance assessments. TORBU will receive regular updated information to keep account information Accurate and up to date.
Directly from a individual. This information includes but is not limited to additional records as requested by the organization. An individual may also choose to submit information such as responses to TORBU surveys or personal goals and progress updates. TORBU will receive regular updated information to keep Account information accurate and up to date.
If you choose to use the communication feature on the Platform to communicate with your coach, including to send images or media files, we will also collect, store, and archive your chat logs. Supervisor Accounts may not participate in communication, but the chat logs may also be monitored and reviewed by these Accounts.
How We Use This Information
We use your information on behalf of the organization which is the data controller. We use the information in accordance with our agreement with the Customer to operate, maintain, and provide the features and functionality of the TORBU Platform.
How We Share This Information
We may also share your information under the following circumstances:
We may disclose your information in the course of a corporate transaction such as a merger, acquisition, sale of assets, financing, or other change of ownership or control, or pursuant to a bankruptcy, dissolution proceeding, or reorganization (in each case whether in whole or in part).
We may disclose your information as we deem necessary to comply with legal or regulatory requirements and to respond to lawful requests, court orders, and legal or governmental processes, or as needed to support external auditing, compliance, and corporate governance functions. Where such disclosures relate to personal information we hold as a data processor on behalf of our Customers, we will refer such requests to our Customers where permissible.
Whenever we believe that disclosing your information is necessary or advisable to protect and defend the rights, property, or safety of TORBU, our Customers, or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or other misuse of our systems.
We may utilize and disclose aggregated or de-identified (anonymized) information that is no longer associated with a person for any lawful purpose, including to enhance and promote the TORBU Platform. TORBU does not rent, sell, or otherwise provide access to athlete personally identifiable information to third parties for marketing or advertising purposes.
We may engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, Customer service, marketing assistance, and administration of promotional programs. These third-party service providers will have access to the information only as necessary to perform the functions for which we engage them and to the extent permitted by law.We may share information with other third parties when you consent or direct us to do so.
We conduct marketing to promote the TORBU Platform, but do not use or disclose information (whether personal information or otherwise) about individuals that we collect through the provision of the TORBU Platform for marketing purposes.
Google Analytics and Advertising
We use reasonable organizational and technical measures to protect the information provided to us or collected by us.
End-User data will be managed by TORBU in accordance with the Family Educational Rights and Privacy Act of 1974 (including its implementing regulations, “FERPA”) that govern the confidentiality of, and access to, educational records. TORBU is committed to abide by state and federal laws protecting personal data.
Although we do take what we consider appropriate steps to protect your data, protection of information available over the internet is subject to attack from third parties, and accordingly we cannot guarantee that third parties cannot illegally gain access to Content.
“Do Not Track” Signals
TORBU does not currently take any action when we receive a “Do Not Track” request. Do Not Track is a privacy preference that you can set in certain web browsers to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.
Links to Other Sites
In general, the TORBU Platform is not directed to children under the age of 13 (“child” or “children”). TORBU does not knowingly collect personal information from any child under the age of 13 except in the limited circumstances described below when the TORBU Platform is being used by a Customer that is a school or school district (“School Customers”). Except as expressly permitted under a contract with one of our School Customers, we ask that minors (under the age of 13) not use the TORBU platform. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.
TORBU may contract with School Customers who use the TORBU Platform for the benefits of their students, school or school system. Some School Customers desire to provide students who are under the age of 13 with direct access to the TORBU Platform as users. In these cases, we collect information from those child users and our School Customers act as the agent of parents and provide consent to the collection of children’s information on the parents’ behalf. TORBU uses children’s data only to provide the TORBU Platform for the use and benefit of the school and for no other commercial purpose. The notice in the following section applies to TORBU’s collection of children’s information in these circumstances.
CHILDREN’S PRIVACY NOTICE
If a School Customer has registered a student athlete or other student as a user of the TORBU Platform, TORBU may collect the following types of from that child when the child users the TORBU Platform:
- Class year
- Email address
- Username and password (if an Account is created)
- Information submitted relating to surveys or personal goals
- Content of messages sent through the Platform (e.g., through Team Chat, journal entries, goal tracking, or other features)
- Device and usage information such as IP address, browser type, and the date and time the user uses the TORBU Platform
The TORBU Platform provides functionality to share information with other TORBU Platform users, for example by chatting with other members of the user’s team or class that also use the TORBU Platform. TORBU does not enable children to make their personal information publicly available.
TORBU uses the children’s information it collects to operate, maintain, and provide the features and functionality of the TORBU Platform on behalf of its School Customers.We may share children’s information with the following third parties:
- Our third-party service providers to perform the functions for which we engage them, including but not limited to assisting us in providing functionality on the Platform;
- To a successor in interest in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceeding);
- To law enforcement or other third parties to comply with or respond to any legal obligation or process such as a subpoena, warrant, or court order; and
- To law enforcement or other third parties to protect the rights, property, or safety of TORBU or any affiliate, our Customers, or others, or to enforce our legal rights.
Our School Customers may review the information we collect about their own students, including students under the age of 13 by contacting us at firstname.lastname@example.org.
California “Shine the Light” Law
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
If you would like to exercise your right to view, correct, complete or remove your personal information, please contact us at firstname.lastname@example.org. Upon verification of your identity, we will use commercially reasonable efforts to process your request in a timely manner and will attempt to quickly fulfill your request, provided we will not act contrary to applicable legislation by fulfilling your request. You should be aware, however, that it is not always possible to completely remove or modify information in our databases. You cannot opt out of receiving transactional e-mails related to the platform (e.g., requests for support). Also, we may deliver notifications or verification requests to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.