Last Updated: 03/31/2021
Effective Date of Last Update: 04/20/2021
We collect or receive the following general types of information when you use the Services: information which relates to a person and/or could be used to identify a person ("Personal Data"), information protected against security breaches (username and password), protected classification information (such as gender), commercial information (such as a credit card number), Internet/electronic activity, professional or employment related information (such as role, TAP assessment results), education information (such as school attending), and inferences from the foregoing. More specifically, we collect the following information from various sources:
You may provide information directly to us through the Services in several different ways. For example, you may complete online assessments or questionnaires (most notably the Troutwine Athletic Profile ("TAP")), respond to specific questions, communicate with us via email or feedback forms, complete online registration forms, and subscribe to email newsletters or other similar communications. The types of information you may provide directly include the following, as applicable:
City and/or state or residence;
Month and year of birth (age);
Athletic information (e.g., sport and position);
High school graduation year;
Payment information (e.g., credit card number / debit card number);
Answers to athletic mindset assessment questions; and
Other relevant information.
We collect certain information about you and your computer automatically when you use the Services. Automatically collected information may include:
The type of web browser and operating system you have used to access the Services
Your IP address (which is a number automatically assigned to your computer when you access the Internet and can be used to derive your general geographic location)
Your device information (which may include information about the mobile device you use to access our mobile application, including the hardware model, operating system and version, unique device identifiers, and mobile network information)
The website you visited before you came to the Services and
Information about the content and web pages you view, clickstream patterns, dates and times that the Services are accessed, and the features you access on the Services that we collect using cookies, Web beacons, and similar technologies.
We may receive additional information about you from our majority-owned parent, Ryzer, LLC, and potentially other sources, such as third-party companies we work with, data cooperatives and public databases.
We may use information about you for various purposes related to performing our Services, including:
Provide, maintain, and improve our Services, including to process information, develop new products and services, and manage the performance of our platform and Services;
Display information about you, for instance, your matched athlete type, which will be visible on your Ryzer profile or with persons or accounts you choose to share your results with;
To perform analytics to continually improve the Services and enhance your experience with the Services;
To manage your account, perform billing and payment activities;
Perform accounting and administrative tasks, and enforce or manage legal claims; and
For any other purpose disclosed to you at the time we collect your information, or pursuant to your consent.
We may use information about you for various purposes related to communicating with you, including:
To update you on your account status (including confirmation of registrations or notices of subscription expiration);
To respond to your requests, questions, and comments;
Communicate with you in accordance with your account settings, about products, services, and events offered by us and others, to provide news and information that we think will be of interest to you, or to conduct online surveys;
Send you technical notices, updates, security alerts and support, and administrative messages.
We may use information about you for various other purposes, including to:
Provide you (and enable our partners to provide you) with promotional materials, relevant content and advertisements, surveys, newsletters, questionnaires, and other materials that match account holder profiles or interests;
Facilitate contests and other promotions; and
We may engage third-party companies or individuals as service providers to help support our business. Information about the subprocessors we use to support our Services can be found in our Subprocessor Policy. Similarly, we may establish system integrations with third-party partners offering complimentary services to ours in order to allow you to share your Personal Data across multiple systems (such as recruiting, compliance, or evaluation services). These third parties have limited access to your Personal Data to perform these tasks on our behalf, your behalf, or on behalf of our corporate affiliates (including Ryzer and Ryzer Recruit) and are obligated to us not to disclose or use it for other purposes.
Aggregate and Anonymized Information - We may share aggregate and anonymized information with third parties for marketing, advertising, research or similar purposes.
Our legal basis for collecting and using the information described above will depend on the type of information and the specific context in which we collect it. For example:
We also process information about you where it is in our legitimate interests to do so and not overridden by your rights (for example, in some cases for direct marketing, fraud prevention, network and information systems security, responding to your communications, the operation of team and organization accounts, and improving our Services);
In some cases, we may also have a legal obligation to collect information about you, or may otherwise need the information to protect your vital interests or those of another person; and
We may also process information to comply with a legal requirement or to perform a contract.
We may share your information in the following manners:
If you have completed the TAP assessment part of our Services, we may share the information listed below with other users of our Services including educational institutions, athletic organizations, athletic directors, athletic teams, coaches, recruiters, scouts, and other consumers:
State/Country of residence;
High school graduation year;
Athletic information (e.g., sport and position);
Matched Athlete Type calculated from TAP assessment results
Top 3 Mindset Strengths from TAP results
If you would not like to share the above information, you can abstain from taking the TAP assessment part of our Services, do not submit the information in the first place (e.g. your photograph), or delete your account by sending an email to us at email@example.com.
In addition to the information listed in section 3.1, we may share the additional information listed below ONLY if you explicitly agree to share the information with
(i) A specified sports team, organization, or school;
Sports teams, organizations, or schools that use Ryzer Mindset can personally invite/nominate you to take the TAP assessment and consequently share your results with them. If you have previously taken the TAP, you can share your previous results with them. If you accept the invitation from the inviting team/organization/school, your results will be shared with them.
(ii) Ryzer Recruit
Our Services allow you the option to promote some of your Personal Data by sharing it through Ryzer Recruit. You don't have to share your Personal Data with Ryzer Recruit to use our Services (e.g. you can take the TAP assessment, receive TAP results, and access our mindset training without sharing); however, sharing your data through Ryzer Recruit helps you to get more from our Services, including helping promote your abilities and accomplishments to other users of our Services including Ryzer Recruit (e.g., to coaches, recruiters, scouts, and other consumers).
Joining Ryzer Recruit will allow your Personal Data to appear in Ryzer Recruit searches and on qualifying Ryzer Recruit national (USA) or international leaderboards. Ryzer Recruit leaderboards may be published in whole or in part on Ryzer Recruit, Ryzer, Ryzer Mindset, or Ryzer customer (e.g., an Event Organizer) Internet sites or social media accounts (e.g., a "shout out" that you appear on a certain leaderboard). You can update your Ryzer Recruit sharing preferences from your Ryzer Mindset Account Settings here https://mindset.ryzer.com/tap-myaccount.php.
The additional information available to these specified users of our Services accessing your Personal Data will vary depending upon their role and access levels but could include any or all of the following:
TAP Performance Trait scoring (e.g., mental toughness, adaptability, etc.);
TAP Mindset & Coaching Indicators (visual shortcuts for coaches to quickly understand an athlete’s mindset and how to best coach/develop the athlete);
TAP narrative text on how to best coach and develop an individual athlete; and/or
TAP analytics by team/sport/position to aid in understanding the athlete’s mindset in comparison to others.
In using our Services, you will have the opportunity to share your information with Ryzer Recruit or with other Ryzer Mindset team or organizational account holders by accepting an invite to take the TAP and/or share your previous TAP results with them. The information accessible to those account holders will include general information including your name and other Ryzer Mindset profile information, but will not include your specific answers to individual questions within our surveys or assessments. In addition, the account holder cannot modify, alter, or delete any of your profile or your account data.
After completion of the TAP assessment, you will at all times have the opportunity to change the settings and opt-out from sharing your results going forward. Changes to your sharing can be made within your Ryzer Mindset account specifically at https://mindset.ryzer.com/tap-myaccount.php.
If you wish to make a personal information request related to the retention, use, or access of your Personal Data, you may contact us at firstname.lastname@example.org and we will consider your request in accordance with applicable laws and respond within 45 days of receiving a personal information request. Such requests must include a copy of your driver's license or other government issued form of identification to confirm your identity. Personal information requests are limited to two per 12-month period.
If you are using our Services as part of any professional-level athletic-related purpose including a specific athletic team, program or organization, you also grant to Ryzer Mindset and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, "Ryzer Mindset Parties") all rights and permission to use your name, biography, likeness or other indicia of identity in conjunction with your general athletic mindset such as your matched Athlete Type. Lastly, you specifically release all Ryzer Mindset Parties from any claim or cause of action for invasion of the rights of privacy, right of publicity, right of personality, or any similar rights.
We may share your information with partners and subsidiaries who provide products or services that may be of interest to you or student-athletes, including: (i) educational products and services; (ii) career, employment, and military opportunities; (iii) products of consumer focused companies; (iv) sports related activities and events; and (v) other relevant products and services. These partners may use your information to make predictions about your interests and may provide you with offers, promotional materials, advertisements, and other materials.
We also may share your information with entities that provide services to us, including companies that provide payment processing, shipping, web analytics, data processing, web hosting, technical support, advertising, email distribution, and other services.
There may be instances when we disclose your information to other parties in order to:
protect the legal rights of Ryzer Mindset, its affiliates, and of the users of the Services;
protect the safety and security of users of the Services;
prevent fraud (or for risk management purposes); or
comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required.
We may also share your information with third parties in aggregated or non-personally identifiable form.
3.9 Other Parties in Connection With a Transfer of Assets
If we make a sale or transfer of assets, or are otherwise involved in a merger, divestiture, acquisition, liquidation, or transfer, or in the unlikely event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction.
If you do not want your information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by updating your account preferences accordingly or sending an email to us at email@example.com.
We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us by sending an email to firstname.lastname@example.org.
Accessing, correcting, updating, or requesting deletion of your information.
Access to your information for printing, downloading or other data portability purposes.
Objecting to processing of your information, asking us to restrict processing of your information, or requesting the portability of your information.
Withdrawing your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
Complaining to a data protection authority about our collection and use of your information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Union are available here.
Note that Ryzer Mindset is a controller of your information. Other Ryzer Mindset account holders, such as sports teams or organizations, may also act as controllers of your information. You should contact these account holders if you have any questions about how they use information that you have provided to them.
Ryzer Mindset will not discriminate against you in any way if you make any changes to your sharing settings or make any requests to us regarding your Personal Data.
We employ technical and organizational measures designed to appropriately protect your information that is under our control and that we process on your behalf from unauthorized access collection, use, disclosure, copying, modification or disposal, both during transmission and once we receive it. We store all information that you provide to us on secure servers. We train employees regarding our data privacy policies and procedures, and permit authorized employees to access information on a need to know basis, as required for their role. We use firewalls designed to protect against intruders and test for network vulnerabilities. However, no method of transmission over the internet or method of electronic storage is completely secure.
Where you have a password, which enables you to use our services, you are responsible for keeping this password complex, secure, and confidential. If you would like to update or change your password, you may select the "Reset Password" link on the login page. You will be sent an email with instructions to log in and change your password.
We retain certain information that we collect from you while you are a user of our Services, for a limited period of time as long as we need it to fulfill the purposes for which it was initially collected, and in certain cases where you have deleted your account, for the following reasons:
So you can use our Services;
So ensure that we do not communicate with you if you have asked us not to;
To provide you with a refund, if entitled;
To better understand the usage patterns of our Services so that we can provide all users with the best possible experience;
To comply with applicable legal, tax or accounting requirements; and
When we have no ongoing legitimate business need to process your information, we will either delete or anonymize it.
In compliance with the Privacy Shield Principles, Ryzer Mindset commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Ryzer Mindset Data Protection Officer at email@example.com.
The Services are neither intended for nor directed at children younger than 13 years of age. We do not knowingly collect or store personal information about children under the age of 13. Please do not submit your Personal Data through our Services if you are under the age of thirteen (13).
If you access the Services from outside the United States, please be aware that information you provide to us or that we obtain as a result of your use of the Services may be processed and transferred to the United States and be subject to U.S. law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using our website, participating in any of the Services, or by providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States and in accordance with U.S. law.
We wish to maintain accurate personal information. If you have submitted personal information through the Services and set-up an account, then you can (i) access and update your personal information by logging into your online account and making the appropriate changes or (ii) delete your account by emailing us at firstname.lastname@example.org. Please note that if you delete your account, we may continue to retain your information on our servers for archival purposes.
If you have forgotten your login credentials, you can retrieve those via our automated password retrieval system.
Ryzer Mindset—as well as certain third parties that provide content and other functionality on the Services—may use a variety of technologies to learn more about how people use the Services and the Internet. This section provides more information about some of those technologies and how they work.
Collect information about your browsing activities in order to provide you with more relevant content and ads off the Services; and
Relate the information automatically collected when you use the Services to information we obtain from you directly or from commercially available sources.
Other local storage. We, along with third-party partners, may use other kinds of local storage, such as Local Shared Objects (also referred to as "Flash cookies") and HTML5 local storage, in connection with the Services. These technologies are similar to the cookies discussed above in that they are stored on your computer and can be used to store certain information about your activities and preferences. These objects are stored in different parts of your computer from ordinary browser cookies, however. Many Internet browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls.
Web beacons. We, along with our third-party partners, may also use technologies called Web beacons that communicate information from your Internet browser to a web server. Web beacons can be embedded in web pages, videos, or emails, and can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the Web beacon, the IP address of your computer, and the URL of the web page from which the Web beacon was viewed. We and our partners use Web beacons for a variety of purposes, including analyzing the use of the Services and in conjunction with cookies to provide content and ads that are more relevant to you.
California residents are entitled twice a year, free of charge, to request and obtain certain information regarding our disclosure of certain categories of personal information to third parties in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to:
Ryzer Mindset, LLC
Attn: Ryzer Mindset Privacy
PO Box 3868
Urbandale, Iowa 50323
In addition, California residents who are registered users of the Services and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post as user content on the Services. You may request such removal by emailing us at email@example.com. Please note that your request does not ensure the complete or comprehensive removal of the material.
Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. We do not currently take action in response to those signals. If an industry standard on responding to such signals is established and accepted, we may reassess how to respond to those signals.
Ryzer Mindset is a data controller. Team and organizational account holders are directly responsible for complying with all requirements of applicable EU privacy laws in connection with the information that they obtain and process for the purposes of managing their individual users.
Ryzer Mindset, LLC
Attn: Ryzer Mindset Privacy
PO Box 3868
Urbandale, Iowa 50323