Last Updated: April 30, 2021
If you are a California resident, please see the “Additional Disclosures for California Residents”. If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section below.
2. General Terms
• The Coach Desk, LLC. may be referred to as "TCD," “we,” “our,” or “us.”
• We call a user of the TCD Platform “User,” “Users,” “you,” “your,” or “Client” and “Coach,” as appropriate.
• The community platform that we offer at our website Www.thecoachdesk.com is referred to as the “Site(s).”
• The mobile applications (whether on iOS or Android) are referred to as the “Apps.”
• TCD's Sites, Apps and related services, information and communications are collectively referred to as the “TCD Platform.”
3. Information Collection
Information you provide to TCD
TCD collects certain personally identifiable information about you, including information that can identify, relate to, describe, be associated with you, or is reasonably capable of being associated with you (“Personal Information”). Examples of Personal Information that TCD collects include but are not limited to:
Contact Information. This may include your first and last name, postal address, telephone number, and email address.
Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.
Identity Information. If you are a Coach, we may collect Personal Information, such as your date of birth and address, national identification number if applicable, together with the result of basic criminal record checks as provided by you, or by our Third-Party Agents (as defined below), as applicable and to the extent permitted by law in your jurisdiction, as well as such information as may be needed to validate your identity.
Financial Information. To help Coaches set up a payment account and help Clients make payments to Coaches and pay fees to TCD, we may collect financial information, including credit card number, bank routing numbers, tax information, taxpayer identification number, and other payment information, as applicable. We use Financial Information in order to operate the TCD Platform and to ensure that Coaches are paid by Clients. We do this as necessary for our legitimate interests in providing our platform and services and to fulfill our contracts with Users. To keep your financial data secure, we [have contracted with Stripe] a third party to maintain and process your payment information.
Promotional Information. Certain offerings of the TCD Platform, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do consent to take advantage of TCD Platform offerings, we will use your data to (as applicable) send you newsletters and other communications that are tailored based on information we have about you, or to operate and manage the survey, contest or similar offering in connection with our legitimate interest in promoting our business and the TCD Platform. To opt-out of receiving marketing communications from us, please see Section 7, Your Rights and Choices.
Employment Information. We collect employment and education history, transcripts, writing samples, and references as necessary to consider your job application for open positions.
Content Information. You also may choose to send TCD Personal Information in an email or chat message containing inquiries about the TCD Platform and we use this Information in order to help us respond to your inquiry. We also collect content within any messages you exchange with other Users through the TCD Platform (such as through our chat functionality).
We require that you furnish certain information when you register an account with us in order to provide services through the TCD Platform. For example, if you are a Client, we collect your first and last name, email address, and your zip or postal code in order to create and administer your TCD account. We also collect additional information in order to facilitate your booking request, such as information about the service you are seeking, the time, date and location of the service, and Billing Data. If you are a Coach, we collect your first and last name, email address, mobile phone number and zip or postal code in order to create and administer your TCD account and facilitate communications between you and your Clients through the TCD Platform. We also collect information about your services, rates, and skills, as well as Identity Information and Financial Information.
Third Party Information. If you registered through a co-branded version of our TCD Platform through one of our Partners (as defined below), they may provide us with basic information such as your name, address, email, and purchase history related to your needs. We may receive additional information about you, such as demographic data, Financial Information, or fraud detection information, from Third-Party Agents (as defined below) and combine it with other information that we have about you, to the extent permitted by law, in order to comply with our legal obligations and for the legitimate interest in improving the TCD Platform. TCD may work with Third-Party Agents to perform identity checks and criminal background checks on Coaches, if applicable and permitted by local law, in order to advance our legitimate interests in ensuring the safety of our Users and maintaining the integrity of the TCD Platform.
4. Information TCD Collects Automatically
We automatically collect certain information when you use the TCD Platform. The categories of information we automatically collect and may have collected, including in the last 12 months, are as follows:
Service Use Data, including data about features you use, pages you visit, emails and advertisements you view, portions of the TCD Platform that you view and interact with, the time of day you browse, and your referring and exiting pages.
Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address and Ad Id. When you visit and interact with the TCD Platform, TCD may collect certain information automatically through cookies or other technologies, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type(s) of internet browser(s) you use, and information about the way you use the TCD Platform (“Device Information”). We may use Device Information to monitor the geographic regions from which Users navigate the TCD Platform, and for security and fraud prevention purposes. Use of any IP-masking technologies or similar technologies (like the TOR network) may render portions of the TCD Platform unavailable and are forbidden on the TCD Platform.
Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). When you visit the TCD Platform via a native mobile application, we use, with your consent when required under applicable law, GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a relevant location map. We will not share your current location obtained in this manner with other Users.
5. TCD's Use of Information
• To operate and make available the TCD Platform. We use your data to connect you with other Users to enable the posting of, selection for, completion of, and payment for Sessions, in order to fulfill our contracts with Users;
• For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which Clients and Coaches can meet and conduct business, and in order to comply with our legal obligations;
• To conduct identification and criminal background checks, if applicable and to the extent permitted by local law, on Users, in order to advance our legitimate interests as well as for the substantial public interest of ensuring the safety of our Users both online and offline, preventing or detecting unlawful acts, protecting the public against dishonesty, and maintaining the integrity of the TCD Platform given that Coaches often interact directly with Clients and may enter their homes;
To analyze TCD Platform usage as necessary for our legitimate interest in improving the TCD Platform to grow our business;
To contact you and deliver (via email, SMS, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of the TCD Platform, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with our Users, and in promoting our business;
To provide you with customer support in order to fulfill our contracts with Users;
For internal market research for our legitimate interest in improving the TCD Platform to grow our business;
For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which Users can meet;
To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users;
To enforce our Terms of Service and our legitimate interests in ensuring our Agreement is complied with; and
As otherwise set forth in the Agreement.
Analytics and Market Analysis. TCD may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience, and promoting and growing the TCD Platform.
TCD uses information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
Cell Phone Numbers. TCD may use your cell phone number to call or send recurring text messages to you, using an autodialer or prerecorded voice, in order to provide you notifications about Tasks, for marketing purposes (with your consent where required by law), and to administer the TCD Platform. If you would like more information about our policy, or how to opt out, please review the “Your Rights and Choices” section below or Section 9 of our Terms of Service. You may be liable for standard SMS and per-minute charges by your mobile carrier. TCD may also message you via push notifications (with your consent when required under applicable law), which you can opt-out of on your mobile device. Data rates may apply.
Call recordings. Calls to or from TCD or its Third Party Agents may be monitored and recorded for the purposes of quality control and training. Such calls may contain Personal Information.
6. Information Sharing
Third Party Agents. We share information, including Identity Information, with entities that process information on our behalf for our business purposes. We contractually prohibit our Third-Party Agents from retaining, using, or disclosing information about you for any purposes other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
To operate the TCD Platform, including processing your transactions, we may share your Personal Information with our agents, representatives, vendors and service providers (“Third Party Agents”) so they can provide us with support services as follows:
Identity checks and criminal background checks, to the extent permitted by applicable law;
Fraud prevention and detection. Our fraud detection providers also use information relating to you and your use of and activity on the TCD Platform to provide fraud detection services to their other clients;
Receipt, invoice, or support services;
Customer relationship management services;
Marketing and advertising;
Financial transaction fulfillment and related chargeback and collection services; and
To otherwise help us provide the TCD Platform.
Promotions. When you voluntarily enter a sweepstakes, contest, or other promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners’ list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice, and/or likeness in advertising or marketing materials. We may occasionally contact you, if you want us to, with information about special events, activities, promotions, contects, submission opportunities, and programs. You always have the ability, in your Account, to ask TCD not to contact you with this type of information. Please see Section 7, Your Rights and Choices, for more information.
Matched Ads. We may use Matched Ads by sharing personal information with another party or incorporating a pixel from another party into our own Sites, and the other party matching common factors between our data and their data or other datasets for advertising purposes.
Other Users. TCD facilitates contact between Clients and Coaches and reserves the right to share one User’s contact information (e.g., name, phone number, email, or postal address) with other Users, or with the recipient User’s legal or other authorized representative, in order to: (1) facilitate or communicate the resolution of an investigation or dispute related to or arising from an interaction between two or more Users of the TCD Platform; or (2) facilitate the performance of a Session. This exchange of information is essential to the operation of the TCD Platform.
Legal Obligations. TCD and our Third Party Agents may disclose your Personal Information or User Generated Content to courts, law enforcement, governmental or public authorities, tax authorities or authorized third parties, if and to the extent required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with TCD's legal or regulatory obligations; (ii) respond to a court order, warrant or subpoena; (iii) respond to a valid legal request relating to an investigation into alleged criminal or illegal activity; or (iv) respond to or address any other activity that may expose us to legal or regulatory liability.
In jurisdictions where TCD is, according to applicable law, required to collect or remit information about Users’ permits, licenses, tax, or social security registrations, TCD and our Third Party Agents may disclose information, including but not limited to, User contact details, identification information, transaction dates and amounts, license and permit status, and tax identification number(s) to applicable governmental authorities.
TCD reserves the right to disclose Personal Information from both private and public areas of the TCD Platform in the absence of a court order, warrant, or subpoena, to the extent permitted by applicable law, if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or TCD or its partners, parents or affiliates.
It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited or otherwise constrained by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).
Merger or Acquisition. TCD reserves the right to share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
Public Areas. Your profile on the TCD Platform consists of information about you and your business, and may include information such as photographs, your years in business, skills and expertise, hourly pay rates, feedback/rating information, and other information, including your username (“Profile”). The information in your User Profile may be visible to all Users and the general public.
7. Your Rights and Choices
You may opt-out of receiving promotional communications from us, including promotional communications related to the TCD Platform, and request the removal of your Personal Information from our databases, or deactivate your account, by logging on to the Site or App and clicking on the “Account” tab, or by contacting us.
Account Settings. During registration you choose whether to receive marketing correspondence from TCD. This information remains on your Profile where you can, at any point, easily edit it. After logging on, click on the “Account” tab, then select “Notifications” to make your preferred selections.
Push Notifications. You have the option to receive updates and relevant offers via push notifications in your app. These notifications can be configured in the settings of your mobile device at any time.
Corrections to Profile. You have the right to access, update, and correct inaccuracies in your TCD Profile at any time by logging in and clicking on the “Account” tab. There, you can view, update, and correct your Account information.
So that we may protect the integrity of the TCD Platform, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children under the age of majority in their jurisdiction of residence are not allowed to register as Users, we need to take reasonable measures to preserve the accuracy of our Users' ages. You may contact us at email@example.com if there is a need to make a correction to such data. Please see Section 11, Children’s Privacy, for more details.
Promotional Communications. You can opt out of receiving promotional communications from TCD via the Account tab in your Profile. In addition, you can opt out of email marketing by clicking on the unsubscribe link in any message. You can opt out of promotional communications from TCD sent via text message at any time by following the instructions provided in those messages to text the word "STOP". Please note that your opt-out is limited to the phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, TCD will continue to send you non-promotional communications, such as those about your account, Sessions, transactions, servicing, or TCD's ongoing business relationship with you. If you receive unsolicited promotional communications from a TCD domain, please let us know here.
If you are a California Resident, please see the Additional Disclosures for California Residents section below.
8. TCD's Information Retention Policy
We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such a longer period as may be in our legitimate interests and to comply with our legal obligations (see Exhibit A for exemplar document retention periods). We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single User, but we cannot tell who that User is. We use this kind of data for research purposes and to help us develop and improve our services, and we take appropriate measures to ensure you cannot be re-identified from this data.
9. TCD's Security of Collected Information
Your TCD account is password-protected so that only you and authorized TCD staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your TCD account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.
10. Notification of Changes
11. Children’s Privacy
This service is intended for a general audience, and is not directed at children. In certain jurisdictions, this minimum age may be higher. Please check the Jurisdiction-specific Provisions below for more information.
We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please let us know by contacting us here. We will remove the data.
We do not knowingly collect or “sell” the Personal Information of minors under 18 years old.
12. Contacting Us
TCD's staff will attempt to timely respond to all mail or email from Users with questions about privacy, including the types of Personal Information stored on the TCD databases, and requests to know, delete or rectify such Personal Information.
13. Jurisdiction-specific Provisions
A. Residents of the United States of America
Information of U.S. Users. Our collection, use, and retention of the Personal Information of U.S. Users is in accordance with applicable U.S. laws, as is our determination of what is deemed to be “personal data and/or information.”
TCD expressly disclaims any liability that may arise should any other individuals obtain the information you submit to the TCD Platform.
Interest-Based Advertising in the United States. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
TCD's Security of Collected Information. While TCD will use commercially reasonable efforts to ensure the security of all Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information stored therein, and you agree to hold TCD harmless for any damages that may result therefrom. If you have any further questions on this issue, please refer to the Terms of Service.
Additional Disclosures for California Residents
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires business collecting or disclosing Personal Information to provide notice of rights California residents have and can exercise.
California Notice of Collection. We may collect Personal Information corresponding to the following categories enumerated in the CCPA, including within the last 12 months.
Identifiers, including name, address, email address, account name, Social Security Number, IP address - and an ID number assigned to your account.
Customer records, phone number, billing address, credit or debit card information, employment or education information.
Demographic information, such as your age or gender. This category includes pieces of Personal Information that also qualify as protected classification characteristics under other pre-existing California or federal laws.
Analytics and Advertising, including purchases and engagement with the TCD Platform.
Internet activity, including history of visiting and interacting with our Service, browser type, browser language and other information collected automatically.
Geolocation data, including location enabled services such as WiFi and GPS.
Inferences, including information about your interests and preferences.
For more information on what we collect, including the sources we receive information from, review Section 3, Information Collection. We collect and use these categories of personal information for the business purposes described in Section 5, TCD's Use of Information, including to provide and manage the TCD Platform.
TCD does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in Section 5, TCD's Use of Information, as a “sale,” we will comply with applicable law as to such activity.
TCD may disclose the following categories of information for commercial purposes:
We use and partner with different types of entities to assist with our daily operations and manage the TCD Platform. Please review Section 6, Information Sharing, for more detail about the parties with which we share Personal Information.
Right to Know and Delete. If you are a California resident, you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
The categories of Personal Information we have collected about you;
The categories of sources from which the Personal Information was collected;
The categories of Personal Information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the Personal Information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or selling the Personal Information; and
The specific pieces of Personal Information we have collected about you
In addition, you have the right to delete the Personal Information we have collected from you. However, this is not an absolute right and TCD may have legal grounds for keeping such data.
To exercise any of these rights, please submit a request at firstname.lastname@example.org or here. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
Right to Opt-Out. To the extent TCD sells your Personal Information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your Personal Information by us to third parties at any time. You may request to opt-out by clicking Do Not Sell My Personal Information and making your choice.
Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination. You have the right to non-discriminatory treatment by us, should you exercise any of your rights.
Shine the Light. Customers who are residents of California may request: a list of the categories of Personal Information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes, and (ii) a list of the categories of third parties to whom we disclose such information. To exercise a request, please contact us at email@example.com information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year. Please note that TCD is not required to respond to requests made by means other than through the provided email address or mail address.