Privacy Policy
Last Updated: December, 2024
Atlas. and its affiliates (collectively "Atlas," "we," "our," or "us") value your privacy. In this Privacy Policy ("Policy"), we describe the information we collect, how we use it, and when and to whom we disclose it. This Policy applies to all of our websites, mobile applications, and other online services (collectively, the "Platform") made available by or through Atlas and on which we post this Policy, and to information we collect offline or through other means. Undefined capitalized terms used herein shall have the definitions as set forth in our Terms of Use. By accessing or using the Platform, you agree to this Policy. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT ACCESS OR USE THE PLATFORM.
KEY TERMS
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Consumer" means a User who is registered to search for Atlas Professionals on the Platform, seeks Pro Services from Atlas Professionals on the Platform, makes a booking with a Atlas Professional to purchase a Pro Service (or receive a quote in contemplation thereof), is registered for or undergoes a home specialist consultation or similar service with respect to their home, utilizes a Atlas plan to track maintenance on a home, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Pro Services. Because a Consumer may be, or may become, a customer of a Atlas Professional, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform.
"Platform" has the meaning set forth in the opening paragraph above.
"Pro Services" means the services listed, quoted, scheduled, fulfilled or provided by AtlasProfessionals, or sought, scheduled, paid for or received by Consumers, through the Platform.
"Atlas Professional" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services. Atlas Professionals are often referred to as “pros” on the Platform.
"Atlas Content" means all Content Atlas makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.
"User" means a person or entity who uses the Platform, including, for example, a person who completes Atlas's account registration process, agrees to the Terms of Use, utilizes any services offered by or through the Platform, or submits or receives a request through Atlas, including but not limited to Atlas Professionals and Consumers.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Atlas Content and Feedback.
INFORMATION WE COLLECT
How we collect and store information depends on how you access and use the Platform. We collect information in multiple ways including when you provide information directly to us, when we collect information from affiliates and non-affiliated sources, and when we passively collect information from you, such as information collected from your browser or device.
Information You Provide Directly to Us
You may provide us with information about you when you use or access the Platform, such as when you register for an account; participate in polls or surveys; enroll for electronic newsletters; request a quote or other information; submit or respond to a quote; make a purchase; fill out any forms; enter a sweepstakes or contest, or register for a promotion; transmit User Content; download or use one of our mobile applications; you consent to our collection of information, such as when you grant us permission to collect your device’s contact list; or otherwise communicate with us or other Users through the Platform. This list is illustrative, not exhaustive; this Policy applies to all your uses of the Platform.
The personal information you provide directly to us may include, but is not limited to: (a) name; (b) zip code; (c) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) demographic information (e.g., gender, age, and other information relevant to User surveys and/or offers); (g) date of birth and/or age verification; (h) insurance information (if you are a Atlas Professional); (i) photographs and/or video files or audio files (e.g., customer service call recordings); (j) information about your project, home, request or need; (k) in certain circumstances, payment information; (l) if you are a Atlas Professional, in certain circumstances, identity verification information (such as Social Security number or driver’s license information); and/or (m) any other information you include in communications with other Users through the Platform or communications with us. It may also include your information specific to the services you are requesting or offering through the Platform, such as a business name, service description, qualifications and credentials. You are not required to provide us with such information, but certain features of the Platform may not be accessible or available, absent the provision of the requested information.
We utilize a third-party payment provider to process payment information (e.g., credit card information or bank account information).
Information from Affiliates, Social Networking Sites, and Other Non-Affiliated Sources
We may collect information about you through Atlas affiliates or through non-affiliated sources, including public information sources. For example:
You may be able to access the Platform through a social networking account, such as Facebook. If you access the Platform through your Facebook account, you may allow us to have access to certain information in your Facebook profile. This may include your name, profile picture, gender, networks, user IDs, list of friends, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or "likes." Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult those sites' privacy policies.
To the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information about you from non-affiliated sources, such as information about your credit from a credit bureau, or information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may combine information that we collect from you through the Platform with information that we obtain from such sources, including public information sources and information derived from any other products or services we provide.
We may collect information that demonstrates the occurrence of an off-Platform communication between a Consumer and a Atlas Professional in order to ensure accurate charging of fees imposed upon AtlasProfessionals and to enforce the Terms of Use. Except as explicitly stated herein, we will not collect or store the contents of any off-Platform communication between a Consumer and a Atlas Professional.
Please note that we have no control over how any third-party site uses or discloses the information it collects about you.
Information That Is Passively or Automatically Collected
Device/Usage Information. We and certain third-party vendors, including ad networks and analytics providers, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Platform. As described further below, we and these third-party vendors may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. We may also track and record when and how frequently you access or use the Platform, or how you browse the Platform. We do not, however, collect keystroke information. We use this information (including the information collected by relevant third-party vendors) for Platform analytics (including to determine which portions of the Platform are used most frequently and what our Users like/do not like), to assist in determining relevant advertising (both on and off the Platform), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy.
Location Information. When you use the Platform, we may collect general location information (such as your location as derived from your IP address). If you install our mobile app, depending on your device settings and any permissions you have granted, we may collect information about your precise geolocation, and we may use that information to improve the Platform, including providing you with location-based features (e.g., for identification of Pro Services available near you). To deliver customized content and advertising, we may disclose your location information to our agents, vendors, or advertisers. If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you may be able to disable the GPS or other location-tracking functions on your device. See your device manufacturer's instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Platform.
Cookies and Other Electronic Technologies. We and our third-party vendors may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand User behavior, personalize preferences, perform research and analytics, and improve the Platform. These technologies, for example, may allow us to tailor the Platform to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about Platform usage. We also use certain of these technologies to deliver advertisements through the Platform that may interest you or to advertise ourselves and the Platform to you on other sites. We or our third-party vendors also may use certain of these technologies in emails to our Users to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Upon messaging opt-in, the end user agrees to receive messages from Atlas regarding account notifications and training-related updates (non-marketing). End users can opt out by replying STOP or request more information by replying HELP. Message frequency varies. Message and data rates may apply. If you need assistance or have questions about our SMS service, reply with “HELP” to any SMS message you receive, or contact our customer support team at support@atlaspersonaltrainer.com
Sharing of Mobile Information. Atlas does not sell your mobile number or share it with third parties or affiliates for their own marketing or promotional purposes without your express consent. We may share mobile numbers with:
• Service providers/processors (e.g., messaging platforms, carriers) strictly to deliver SMS on our behalf and in compliance with our instructions;
• Your Atlas trainer, where necessary to deliver the services you requested (e.g., scheduling/coordination) and not for the trainer’s independent marketing unless you separately consent;
• Required disclosures to comply with law, regulation, or legal process, or to protect Atlas, our users, or the public.
Any recipient is contractually obligated to protect your information and may not use it for purposes other than those described here.
• Opt-in for marketing SMS is not required to use Atlas.
• Opt-out: You may opt out of all marketing SMS at any time by replying STOP (you may still receive transactional messages related to your account or services).
• Help: For help, reply HELP or contact us at support@atlaspersonaltrainer.com or +1 415-741-0755.
“Mobile numbers collected will only be used for the purposes described above and will not be shared or used for unrelated marketing without consent.”
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Platform, because it may not function properly. As we adopt additional technologies, we may also gather additional information through other methods.
Mobile Messaging and SMS Communications
When you provide your mobile number to Atlas, we may use it to send transactional messages such as account notifications, training reminders, and other service-related updates. With your express consent, we may also send marketing or promotional SMS messages about new features or offers. Message frequency varies and message/data rates may apply. You can opt out of marketing texts at any time by replying STOP (you may still receive transactional messages), or reply HELP for assistance. For additional support, contact us at support@atlaspersonaltrainer.com or +1 415-741-0755. Opt-in for marketing texts is not required to use Atlas.
Sharing of Mobile Numbers
Atlas does not sell or share your mobile number with third parties or affiliates for their own marketing or promotional purposes without your explicit consent. We may share numbers only with trusted service providers—such as messaging platforms or carriers—to deliver SMS on our behalf, or with your Atlas trainer when needed to coordinate sessions. All recipients are contractually required to protect your information and may not use it for any other purpose. You may update or remove your mobile number, or manage SMS preferences, by contacting support@atlaspersonaltrainer.com.
HOW WE USE YOUR INFORMATION
We may use your information for any of the following reasons:
For the purposes for which you provided it;
To enable you to use the services available through the Platform, including registering you for our services and verifying your identity and authority to use our services;
For customer support and to respond to your inquiries;
For internal record-keeping purposes;
To administer surveys, sweepstakes, promotions, or contests;
To track fees and process billing and payment including sharing with third-party payment gateways and payment vendors in connection with the Platform;
To improve and maintain the Platform and for product development;
To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing;
To market and advertise our services and the Platform, including to send promotional emails regarding new products from Atlas, special offers from Atlas, or other information that may interest you;
As permitted under applicable law, to contact you by text message regarding certain services or information you have requested;
As permitted under applicable law, to contact you by telephone or text message regarding Platform features, improvements, or other products and services that may interest you;
For Atlas’s market research purposes, including, but not limited to, the customization of the Platform according to your interests;
To contact you with information about your use of the Platform;
For other research and analytical purposes; and
To resolve disputes, to protect ourselves and other Users of the Platform, or third parties, including to protect property or safety; and to enforce any legal terms that govern your use of the Platform.
For Atlas Professionals, we may display information related to your business, including your name or your business’s name, publicly on your profile, except to the extent we tell you we will not display such information. If the information you provide us upon signing up for an account differs from the information you provide us as part of the verification data we collect, we have sole discretion in determining which information will be displayed publicly on your profile.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
We may combine information that we collect from you through the Platform with information that we obtain from affiliated and non-affiliated sources, and information derived from any other products or services we provide. We may aggregate and/or de-identify information we collect. We may use de-identified or aggregated information for any purpose, including without limitation for research and marketing purposes and may also disclose such information to any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.
We may, either directly or through third-party providers we engage to provide services to us, review, scan, or analyze your communications with other Users exchanged via the Platform or as otherwise described in this Policy for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and User support purposes. For example, as part of our fraud prevention efforts, we may scan and analyze messages to prevent fraud or improper actions. We may also scan, review or analyze messages for research and product development purposes, as well as to debug, improve and expand product offerings. By using the Platform or engaging in off-Platform communications tracked by Atlas, you consent that Atlas, in its sole discretion, may, either directly or through third-parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
HOW WE DISCLOSE YOUR INFORMATION
Unless otherwise described in this Policy, we may also disclose the information that we collect as follows:
Affiliates. We may disclose your information to any Atlas affiliates.
Consent. We may disclose your information based on your consent to do so.
Vendors. We may provide your information to select third parties who perform services on our behalf. These third parties provide a variety of services to us including without limitation billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, identity verification, fraud and safety protection and legal services.
Legal Requirements. We may disclose your information when required by law or when we believe in good faith that such disclosure is necessary to: (a) comply with subpoenas, court orders, or other legal process we receive; (b) establish or exercise our legal rights including enforcing and administering agreements with Users; or (c) defend Atlas against legal claims. While you may challenge the disclosure request, please be advised we may still be legally required to turn over your information.
Protection of Atlas and Others. We may disclose your information when we believe it appropriate to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use or any other legal terms governing use of the Platform, and/or to protect our rights and property and the rights and property of others.
Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all our assets. In such contemplated or actual transactions or where there is any change of control of Atlas, your information may be among the disclosed and/or transferred assets.
App Store Providers. We may provide your identity and mobile device identifier to third-party app store providers (for example, the Apple App Store) to allow you to download our mobile apps.
Academics and Research. We may provide information about Users to third-parties for academic and research purposes, in anonymized or aggregated form.
You may post Content on or through our Platform, including, but not limited to, your comments, pictures, Atlas Professional profile, and other information. However, please be careful and responsible whenever you are online. Some information you provide and/or that we collect may be publicly accessible. For instance, registration for an account requires that you provide us with your name. If you register through Facebook, the Platform will use the name associated with your Facebook account. Your name (full name, or in some instances, your first name and last initial) may be visible to other Users. Depending on the circumstances, your name may be attached to your Content or information, such as scheduling of Pro Services, service requests, reviews, participating in discussions or forums, messaging, and profile information. Certain other people, including other Users with whom you have interacted via the Platform, may see information about you that is attached to your name. For example (but without limitation), if you are a Consumer seeking Pro Services, the description you provide of your desired services, along with your name, will be shown to some Atlas Professionals registered in the relevant category along with your name. Thus, other Users may be able to personally identify you based on Content you provide. Similarly, certain information we collect, including but not limited to when you last accessed the Platform, may be disclosed to other Users with whom you are interacting or otherwise made public.
If you choose to post User Content on or through the Platform, such as through User-to-User messaging or through our review boards, forums, blogs, or other postings, that information: (a) may be or may become publicly available; (b) may be collected and used by third-parties with or without our knowledge; and (c) may be used by third parties (including other Users) in a manner that may violate this Policy or applicable law.
ONLINE ANALYTICS AND TAILORED ADVERTISING
Analytics
We may use third-party web analytics services on the Platform, such as those of Google Analytics. Providers of these services use cookies and similar technologies (as described in the Information That Is Passively or Automatically Collected section above) to help us analyze how Users use the Platform, including by noting the third-party website from which you arrive. The information collected by the technology may be disclosed to or collected directly by these providers.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Tailored Advertising
We may use advertising services provided by third parties on the Platform, which provide their services using cookies and similar technologies (as described in the Information That Is Passively or Automatically Collected section above). Third parties whose products or services are accessible or marketed via the Platform may also place such technologies on your computer, mobile phone, or other device to collect information about your use of the Platform. We, our providers, and third parties collect information in this way for advertising and marketing purposes.
Certain third-party providers and certain cookies or similar technologies on the Platform enable us and third parties to serve you “tailored” advertising online that is more relevant to you and your interests. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. We do not control any of these opt-out mechanisms and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites.
Please note that if you opt out of tailored advertising, you may still receive online advertisements about us, the Platform, or third parties on the Platform – however, such advertising is not tailored.
When using a mobile application, you may also receive tailored in-application advertising. Each operating system (e.g., iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent use of your mobile advertising identifier to deliver tailored in-application advertising. For more information, you may review the support materials and/or the privacy settings for the operating systems and devices you use, or contact the applicable provider/operator.
PRIVACY OF MINORS
Use of the Platform is available only to individuals who can form legally binding contracts under applicable law. If you are under the required age, you may use the Platform only with the involvement of a parent or guardian who can request and manage services on your behalf. In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from individuals under the age allowed by law. By accessing or using the Platform, you represent and warrant that you meet these requirements or have a parent or guardian managing your use of the Platform
SECURITY
We employ physical, procedural, and technological security measures to help protect your information from unauthorized access or disclosure. Atlas may use encryption, passwords, and physical security measures to help protect your information against unauthorized access and disclosure. No security measures, however, are 100% failsafe. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that any information provided or transmitted online is completely secure. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. Atlas is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
LINKS TO EXTERNAL PLATFORMS
The Platform may contain links to third-party websites or resources over which Atlas does not have any control; please review such other websites’ privacy policies as to their use of personal information. Such links do not constitute an endorsement by Atlas of those third-party websites. You acknowledge that Atlas is providing these links to you only as a convenience, and further agree that Atlas is not responsible in any way for such third-party websites, including without limitation for their content or how they treat information you provide to them.
YOUR CHOICES
We may retain information from closed accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any User, enforce our Terms of Use, and/or for any other purposes otherwise permitted by law that we deem necessary in our sole discretion. You should understand, however, that once you transmit User Content through the Platform, it may be acquired by others who may not be required to delete or modify such User Content. Once we have deactivated or removed your account, you agree that Atlas will not be responsible for retaining information related to your account.
We may send periodic emails to you. You may opt out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us, transactions, or changes to our Terms of Use, this Policy, or other relevant terms.
We may monitor and record our telephone conversations with you for training and quality assurance purposes. You will be provided with a notice at the beginning of any call that is being recorded.
If you are a resident of certain states, you may have certain rights regarding your information.
CHANGES TO THIS POLICY
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. ATLAS MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. ATLAS WILL POST ITS UPDATED POLICY ON THE PLATFORM, SEND YOU A MESSAGE OR OTHERWISE NOTIFY YOU WHEN YOU ARE LOGGED INTO YOUR ACCOUNT. ATLAS ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.
CONSENT TO TRANSFER
Our computer systems are currently based in the United States and Canada, so your information will be processed by us in the United States and Canada, where data protection and privacy regulations may not offer the same level of protection as in your country of residence and data may be accessible to law enforcement and national security authorities under certain circumstances. If you create an account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Policy and you consent to the processing of all such information in the United States and Canada.
We may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular User or device. We may use or disclose this aggregated or de-identified information in our discretion.
Retention of Your Personal Information
We will retain your personal information for as long as reasonably necessary to provide the Platform and our services or until you delete or modify your information. We also reserve the right to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
NOTICE FOR NEVADA RESIDENTS
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law . Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
