Effective January 1, 2021

I. Introduction

Thank you for using Heck Yeah! Your trust is important to us and we’re committed to protecting the privacy and security of your personal information. The information that’s shared with us helps us to provide a great experience with Heck Yeah. 

This Privacy Policy describes how we collect, use, process, and disclose your personal information, in conjunction with your access to and use of the Heck Yeah Platform and the Payment Services. This privacy policy describes our privacy practices for all websites, platforms and services that link to it. Please read the privacy policy on the applicable site.

II. Overview

A. Scope

This policy applies to users of Heck Yeah’s services anywhere in the world, including users of Heck Yeah’s apps, websites, features, or other services.

This policy describes how Heck Yeah and its affiliates collect and use personal data. This policy applies to all users of our apps, websites, features, or other services anywhere in the world, unless covered by a separate privacy policy. This policy specifically applies to:

• Trainees: individuals who request or receive training, including those who receive training requested by another individual
• Coaches: individuals who provide, or submit applications to Heck Yeah to provide, training individually or through partner training companies

This policy also governs Heck Yeah’s other collections of personal data in connection with Heck Yeah’s services. For example, we may collect the contact information of individuals who use accounts owned by Heck Yeah for Business customers or of owners, or we may collect other personal data in connection with our technology and features.

All those subject to this policy are referred to as “users” in this policy.

Our data practices are subject to applicable laws in the places in which we operate. This means that we engage in the practices described in this policy in a particular country or region only if permitted under the laws of those places. Please contact us here or through the addresses below with any questions regarding our practices in a particular country or region.

B. Data controller and transfer

Heck Yeah is the data controller for the personal data collected in connection with use of Heck Yeah’s services in the European Economic Area, the United Kingdom, and anywhere else. We process personal data inside and outside of the United Kingdom. The personal data of users outside the United Kingdom is transferred on the basis of mechanisms approved under applicable laws, such as the Standard Contractual Clauses.

Within the meaning of Article 24 of the General Data Protection Regulation 2016/679 of 27 April 2016, Heck Yeah acts as data controller.

Heck Yeah has appointed a personal data protection officer (DPO) who can be contacted by clicking here or by e-mail at the following address: support@heckyeah.io

If you have questions, comments, and complaints about Heck Yeah’s data practices please contact our DPO.

III. Data collections and uses

A. The data we collect

Heck Yeah collects:

• Data provided by users to Heck Yeah, such as during account creation
• Data created during use of our services, such as location, app usage, and device data
• Data from other sources, such as Heck Yeah partners and third parties that use Heck Yeah APIs

The following data is collected by or on behalf of Heck Yeah:

1. Data provided by users. This includes:

• User profile: We collect data when users create or update their Heck Yeah accounts. This may include their name, email, phone number, login name and password, address, profile picture, payment or banking information (including related payment verification information), government identification documents, including coach’s certificate numbers and images, birthdate, signature, and photo. This also includes insurance information of coaches and gym partners, and user settings. We may use the photos submitted by coaches and/or gym partners to verify their identities, such as through facial recognition technologies. For more information, please see the section titled “How we use personal data”. 
• Background check and identity verification: We collect background check and identity verification information for coaches and partners. This may include information such as coach history or criminal record (where permitted by law), and right to work. This information may be collected by an authorized vendor on Heck Yeah’s behalf.
• Demographic data: We may collect demographic data about users, including through user surveys. In some countries, we may also receive demographic data about users from third parties.
• User content: We collect the information users submit when they contact Heck Yeah customer support, provide ratings or compliments for other users or gym partners, or otherwise contact Heck Yeah. This may include feedback, photographs or other recordings collected by users.
• Calendar Information. A Heck Yeah user may connect their calendar with Heck Yeah. Our calendar integration only checks the duration and free/busy status of the events in your calendar so that we don’t book you when you’re busy. We never store who you are meeting with, their email address, the meeting title, or any other details about the appointments in your connected calendar.

   

2. Data created during use of our services. This includes:

• Location data: We collect precise or approximate location data from a user’s mobile device if enabled by the user to do so. For coaches and gym partners, Heck Yeah collects this data when the Heck Yeah app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device. For Trainees, Heck Yeah collects this data when the Heck Yeah app is running in the foreground. In certain regions (which do not include the European Union), Heck Yeah may also collect this data when the Heck Yeah app is running in the background of the user’s mobile device. Trainees may use the Heck Yeah apps without enabling Heck Yeah to collect location data from their mobile devices. However, this may affect some functionality available in the Heck Yeah apps. For example, a user who has not enabled location data collection will have to manually enter their address. In addition, the location data collected from a coach during a session will be linked to the trainee’s or renter’s account, even if they have not enabled location data to be collected from their device, including for purposes of receipt generation, customer support, fraud detection, insurance, and litigation.
• Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, booking details, date and time the service was provided, amount charged, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person.
• Usage data: We collect data about how users interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Policy.
• Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
• Communications data: We enable users to communicate with each other and Heck Yeah through Heck Yeah’s mobile apps and websites. For example, we enable coaches and Trainees, to call, text, or send other files to each other (generally without disclosing their telephone numbers to each other). To provide this service, Heck Yeah receives some data regarding the calls, texts, or other communications, including the date and time of the communications and the content of the communications. Heck Yeah may also use this data for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.

3. Data from other sources. This includes:

• User feedback, such as ratings, feedback, or compliments.
• Users participating in our referral programs. For example, when a user refers another person, we receive the referred person’s personal data from that user.
• Heck Yeah account owners who request services for or on behalf of other users, or who enable such users to request or receive services through their accounts. 
• Users or others providing information in connection with claims or disputes.
• Heck Yeah business partners through which users create or access their Heck Yeah account, such as payment providers, social media services, or apps or websites that use Heck Yeah’s APIs or whose APIs Heck Yeah uses.
• Vendors who help us verify users’ identity, background information, and eligibility to work, for regulatory, safety, and security purposes.
• Insurance or financial services providers for coaches.
• Partner training companies (for coaches who use our services through an account associated with such a company).
• Publicly available sources.
• Marketing service providers.

Heck Yeah may combine the data collected from these sources with other data in its possession.

B. How we use personal data

Heck Yeah collects and uses data to enable reliable and convenient training and other products and services. We also use the data we collect:

• To enhance the safety and security of our users and services
• For customer support
• For research and development
• To enable communications between users
• To send marketing and non-marketing communications to users
• In connection with legal proceedings

Heck Yeah does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.

Heck Yeah uses the data it collects for purposes including:

• 1. Providing services and features. Heck Yeah uses the data we collect to provide, personalize, maintain, and improve our products and services.

     This includes using the data to:

• • • • Create and update users’ accounts.
      • Verify coaches’ and partners’ identity, background history, and eligibility to work.
      • Enable training, deliveries, and other services.
      • Offer, process, or facilitate payments for our services.
      • Offer, obtain, provide, or facilitate insurance, invoicing, or financing solutions in connection with our services.
      • Track and share the progress of  sessions or deliveries.
      • Enable features that allow users to share information with other people, such as when Trainees submit a compliment about a coach, or refer a friend to Heck Yeah.
      • Enable features to personalize users’ Heck Yeah accounts, such as creating bookmarks for favorite sports. We may, for example, present an Heck Yeah user with personalized gym or food recommendations based on their prior bookings. Please see the section of this policy titled “Choice and transparency” to learn how to object to this use of personal data.
      • Enable Accessibility features that make it easier for users with disabilities to use our services, such as those that enable deaf or hard-of-hearing coaches to alert their Trainees of their disabilities, allow only text messages from Trainees, and enable receipt of flashing session request notifications instead of sound notifications on their mobile device.
      • Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.
      1. Safety and security. We use personal data to help maintain the safety, security, and integrity of our services and users. This includes:
    2. • Screening Trainees and coaches before enabling their use of our services and at subsequent intervals, including through reviews of background checks, where permitted by law, to help prevent use of our services by unsafe coaches and/or Trainees.
       • Using data from coaches’ devices to help identify unsafe training behavior, and to inform them of safer training practices. 
       • In certain regions, using information derived from coach’s certificates, and other photos submitted to Heck Yeah, for safety and security purposes. This also includes comparing photographs that we have on file against photographs (i) of other users to prevent identity-borrowing, and (ii) from public databases to verify user identity.
       • Using device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities.
       • Using user ratings and feedback to encourage compliance with our Coach Membership Agreement and as grounds for deactivating coaches with low ratings or who otherwise violated such agreement in certain countries.
    3. Customer support. Heck Yeah uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to:
       • Direct questions to the appropriate customer support person
       • Investigate and address user concerns
       • Monitor and improve our customer support responses and processes
    4. Research and development. We may use the data we collect for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our services, improve our ability to prevent the use of our services for illegal or improper purposes, develop new features and products, and facilitate insurance and finance solutions in connection with our services.
    5. Enabling communications between users. For example, a coach may message or call a trainee to confirm a session, a trainee may contact a coach to retrieve a lost item, or a restaurant or delivery partner may call a delivery recipient with information about their order.
    6. Marketing. Heck Yeah may use the data we collect to market our services to our users. This includes sending users communications about Heck Yeah services, features, promotions, sweepstakes, studies, surveys, news, updates, and events.

We may also send communications to our users about products and services offered by Heck Yeah partners. For example, if a user has booked a Heck Yeah session, we may provide recommendations, promotions, or ads about similar sessions offered by other Heck Yeah partners. Although we may send users communications about Heck Yeah partners’ products and services, we do not sell users’ personal data to, or share it with, such partners or others for purposes of their own direct marketing or advertising, except with users’ consent.

We may use the data we collect to personalize the marketing communications (including advertisements) that we send, including based on user location, past use of Heck Yeah’s services, and user preferences and settings.

We may also send users communications regarding elections, ballots, referenda, and other political and policy processes that relate to our services. 

• 6. Non-marketing communications. Heck Yeah may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of Heck Yeah or its partners.

  7. Legal proceedings and requirements. We may use the personal data we collect to investigate or address claims or disputes relating to use of Heck Yeah’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

  8. Automated decision-making

We use personal data to make automated decisions relating to use of our services. This includes:

• 1. • Matching available coaches and partners to users requesting services. Users can be matched based on availability, proximity, and other factors. 
     • Determining coach and partner ratings, and deactivating coaches, Trainees, and partners with low ratings. 
     • Deactivating users who are identified as having engaged in fraud or activities that may otherwise harm Heck Yeah, its users, and others. In some cases, such as when a user is determined to be abusing Heck Yeah’s referral program, such behavior may result in automatic deactivation.
     • Using session information, and communications between Trainees and coaches, to identify cancellation fees earned or induced through fraud. For example, if we determine by using such information that a coach is delaying a trainee session in order to induce a cancellation, we will not charge the trainee a cancellation fee and will adjust the amounts paid to the coach to omit such a fee. 

Heck Yeah undertakes to collect personal data only for precise, explicit and legitimate purposes and not to further process such data in a manner incompatible with those purposes.

Click the links in this section for more information about these processes. To object to a deactivation resulting from these processes, please contact Heck Yeah customer support.

C. Cookies and third-party technologies

Heck Yeah and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy.

Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. Heck Yeah uses cookies and similar technologies for purposes such as:

• Authenticating users
• Remembering user preferences and settings
• Determining the popularity of content
• Delivering and measuring the effectiveness of advertising campaigns
• Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services

We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services.

Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section.

D. Data sharing and disclosure

Some of Heck Yeah’s products, services, and features require that we share data with other users or at a user’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.

Heck Yeah may share the data we collect:

1. With other users

This includes sharing:

2. • Users’ first name, rating, and session and/or locations.
   • For coaches and partners, we may share data with the trainee(s) and partner(s), including name and photo; certification; location; average rating provided by users; total number of sessions; length of use of the Heck Yeah app; contact information (depending upon applicable laws); and coach or partner profile, including compliments and other feedback submitted by past users. We also provide coaches with receipts containing information such as a breakdown of amounts charged, coach or partner first name, photo, and such other information required on invoices in the country or region where the coach or partner operates.
   • For those who participate in Heck Yeah’s referral program, we share certain personal data of referred users, such as session count, with the user who referred them, to the extent relevant to determining the referral bonus.

3. At the user’s request

This includes sharing data with:

3. • Other people at the user’s request. For example, we share a user’s session or milestone completion with friends when requested by that user.
   • Heck Yeah business partners. For example, if a user requests a service through a partnership or promotional offering made by a third party, Heck Yeah may share certain data with those third parties. This may include, for example, other services, platforms, apps or websites that integrate with our APIs; those with an API or service with which we integrate; or partners or other Heck Yeah business partners and their users in connection with promotions, contests, or specialized services.
4. With the general public

Questions or comments from users submitted through public forums such as Heck Yeah blogs and Heck Yeah social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a user.

4. With the Heck Yeah account owner

If a user requests training or places a booking request using an account owned by another party, we may share their order or session information, with the owner of that account. This occurs, for example, when:

• A coach uses an account owned by or associated with an Heck Yeah partner 
• A trainee takes a session arranged by a friend or under a family profile
• A partner acts as a substitute (UK only)

5. With Heck Yeah affiliates

We share data with our affiliates to help us provide our services or conduct data processing on our behalf. For example, Heck Yeah processes and stores data in the United Kingdom on behalf of its affiliates.

6. With Heck Yeah service providers and business partners

Heck Yeah provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:

• Payment processors and facilitators
• Background check and identity verification providers (coaches only)
• Cloud storage providers
• Marketing partners and marketing platform providers, including social media advertising services
• Data analytics providers
• Research partners, including those performing surveys or research projects in partnership with Heck Yeah or on Heck Yeah’s behalf
• Vendors that assist Heck Yeah to enhance the safety and security of its apps
• Consultants, lawyers, accountants, and other professional service providers
• Insurance and financing partners
• Gym partners
• Food and nutrition vendors or third-party suppliers

7. For legal reasons or in the event of a dispute

Heck Yeah may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies; to protect Heck Yeah’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. If you use another person’s credit card, we may be required by law to share your personal data, including session or order information, with the owner of that credit card.

This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

8. With consent

Heck Yeah may share a user’s personal data other than as described in this policy if we notify the user and they consent to the sharing.

E. Data retention and deletion

Heck Yeah retains user profile, transaction, and other personal data for as long as a user maintains their Heck Yeah account.

Heck Yeah may retain certain user data after receiving an account deletion request if necessary, such as to comply with legal requirements.

Heck Yeah retains user profile, transaction, and other information for as long as a user maintains their Heck Yeah account. For coaches and partners, Heck Yeah also retains certificates and background check information (to the extent permitted by law) for as long as they maintain their Heck Yeah account.

Trainees may request deletion of their account at any time through the Profile menu in the Heck Yeah app, or through Heck Yeah’s Help Center. Following such requests, Heck Yeah deletes the data that it is not required to retain for purposes of regulatory, tax, insurance, litigation, or other legal requirements. For example, Heck Yeah retains location, device, and usage data for these purposes for a minimum of 7 years; while it retains such data, it may also use it for purposes of safety, security, fraud prevention and detection, and research and development. In certain circumstances, Heck Yeah may be unable to delete a user’s account, such as if there’s an outstanding credit on the account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, Heck Yeah will delete the account as described above.

Heck Yeah may also retain certain information if necessary for purposes of safety, security, and fraud prevention. For example, if Heck Yeah deactivates a user’s account because of unsafe behavior or security incidents, Heck Yeah may retain certain information about that account to prevent that user from opening a new Heck Yeah account in the future.

F. Grounds for processing

We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested services and features, for purposes of Heck Yeah’s legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent.

We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:

1. To provide requested services and features

In order to provide our services, we must collect and use certain personal data. This includes:

• User profile data, which we use to establish and maintain user accounts; verify user identity; communicate with users about their sessions, orders, and accounts; and enable users to make payments or receive earnings
• Background information, which is used to verify an applicant’s eligibility to be a coach or partner
• Usage data, which is necessary to maintain, optimize, and enhance Heck Yeah’s services, including to determine incentives, connect Trainees and coaches, and calculate costs of sessions and coach earnings
• Transaction information
• Information relating to customer support

2. For purposes of the legitimate interests of Heck Yeah or other parties

This includes using personal data to maintain and enhance our users’ safety and security. For example, we use personal data to prevent use of our services by users who have engaged in inappropriate or dangerous behavior, such as by retaining data of banned users to prevent their use of Heck Yeah’s apps. We also use usage data to prevent matching of Trainees and coaches for whom there is higher risk of conflict (for instance, because they have been the subject of prior complaints from other users).

This also includes purposes such as combating fraud; improving our services, direct marketing, research, and development; and enforcing Heck Yeah’s Terms of Service.

In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.

3. To fulfill Heck Yeah’s legal obligations

For example, Heck Yeah is subject to laws and regulations in many cities and countries that require it to collect and retain data about our users’ sessions, and to provide copies of such data to the government or other authorities. We collect and use personal data to comply with such laws.

4. With consent

Heck Yeah may collect and use personal data based on the user’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.

A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.

IV. Choice and transparency

Heck Yeah enables users to access and control the data that Heck Yeah collects, including through:

• • In-app settings
  • Device permissions
  • In-app ratings pages
  • Marketing opt-outs

Heck Yeah also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that Heck Yeah restricts its processing of user personal data.

A. Device permissions

Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the Heck Yeah app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the Heck Yeah app seeks before their first use of the app, and use of the app constitutes a grant of such permission.

B. Ratings look-up

After every session, coaches and trainees are able to rate each other on a scale from 1 to 5. An average of those ratings is associated with a user’s account and is displayed to other users for whom they provide or receive services. For example, trainee ratings are available to coaches from whom they request training, and coach ratings are available to their trainees.

This 2-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for coaches and trainees. Users can see their average rating on their profile in the Heck Yeah app.

C. Marketing opt-outs

Users may opt out of receiving promotional emails from Heck Yeah here. Users may also opt out of receiving emails and other messages from Heck Yeah by following the unsubscribe instructions in those messages. We may still send users who have opted out non-promotional communications, such as receipts for  sessions or information about their account.

D. User data requests

Heck Yeah provides users with a variety of ways to learn about, control, and submit questions and comments about Heck Yeah’s handling of their data. To make a request, please go here.

• Receiving data: Users can ask for a copy of data that Heck Yeah collects from them with their consent or as necessary to provide our services.
• Changing or updating data: Users can edit the name, phone number, email address, payment method, and photo associated with their account through the Profile menu in Heck Yeah’s apps. They may also ask that Heck Yeah change or update their data, including if they believe such data is inaccurate or incomplete.
• Deleting data: Users may request deletion of their account at any time through the Profile menu in the Heck Yeah app.
• Objections, restrictions, and complaints: Users may request that we stop using all or some of their personal data, or that we limit our use of their data. Heck Yeah may continue to process data after such objection or request to the extent required or permitted by law.

In addition, depending on their location, users may have the right to file a complaint relating to Heck Yeah’s handling of their personal data with the data protection authority in their country. For example, users in the European Union and South America may submit such requests to the data protection authorities in the country in which they live.

In accordance with the General Data Protection Regulations 2016/679 of 27 April 2016, each person has the right to access, rectify, erase, and make use of their Personal Data, and the right to limit and oppose the processing of such data.  

These rights can be exercised by contacting us at the following address:  support@heckyeah.io

V. Updates to this policy

We may occasionally update this policy. Use of our services after an update constitutes consent to the updated policy to the extent permitted by law.

We may occasionally update this policy. If we make significant changes, we will notify users in advance of the changes through the Heck Yeah apps or through other means, such as email. We encourage users to periodically review this policy for the latest information on our privacy practices. After such notice, use of our services by users in countries outside the European Union will be understood as consent to the updates to the extent permitted by law.