PRO PERFORMANCE PRIVACY POLICY

Effective Date: April 7, 2016

Since our founding, Pro Performance LLC (“Pro Performance”) has been committed to building relationships with our clients and users based on respect and integrity.  We appreciate the trust and confidence you place in us when you visit our website, use our mobile application, or otherwise do business with us.  Pro Performance respects the privacy and security of users of our website or mobile application.

1.              Scope of Privacy Policy.

This Privacy Policy applies to information we may collect in connection with your use of the Pro Performance website (properformance.guru), any subpages of that site, the Pro Performance mobile application, or any other online interface between you and Pro Performance (collectively, the “Pro Performance Services”). By using the Pro Performance Services, you signify your consent to the collection, use, and disclosure of your personal information in accordance with this Privacy Policy, which may be revised from time to time, with new terms taking effect on the date of posting.  IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY, PLEASE DO NOT ACCESS OR USE THE PRO PERFORMANCE SERVICES.

This policy applies to the information you provide to Pro Performance through the Pro Performance Services. This policy does not apply to information collected by third parties linked in any way to the Pro Performance Services. We have no control over, and no responsibility or liability for, any third party’s collection, use, disclosure, or retention of the personal information that is provided directly to them, and that collection, use, disclosure, and retention is not subject to this policy.

2.              Account Security and User Eligibility. 

As a registered user of the Pro Performance Services, you provide all information at your own risk and you are solely responsible for all use, security, loss prevention, and protection of any confidential information and for all activity that occurs on or through your account including, but not limited to, name, address, email address, credit card or billing information, health or medical information, school and/or organization information, and all other personal information entered byyou on your personal profile or given for purposes of using the Pro Performance Services.  You agree to immediately notify Pro Performance, LLC of any security breach of your account. Pro Performance is not responsible for any loss, harm, or damages arising out of the unauthorized use of any user’s account.

You must be 14 years or older to purchase the Pro Performance Services.   We do not want to collect or retain information from anyone under 14 years of age.  If you are under 14, or you believe someone under 14 has provided us with personal information, please contact us at Jordan@properformance.guru and we will delete that personal information.

3.              The Information We Collect

Information We Affirmatively Collect From You

In general, when we collect personal information about you on the Pro Performance Services, you are asked to affirmatively provide the information or to take some action—such as in registering an account. Other information you affirmatively provide, such as about your preferences (e.g., sport you are training for, strength and conditioning experience), and demographic information (e.g., gender, age, or income range) is generally maintained along with personal information. You can choose not to provide any information that is affirmatively requested of you, however, this may limit your ability to use the Pro Performance Services.

In addition to collecting information on the Pro Performance Services, we may collect information from you when you communicate with us over the phone or e-mail. This information may include personal information and other information such as your name, billing and mailing address, e-mail address, phone number, and participation in events and promotions that we offer. This information may be matched with, and stored in connection with Personal Information provided or collected in connection with the Pro Performance Services.

Information We Automatically Collect From You

The Pro Performance Services may automatically collect certain information from users through the use of “cookies” and other tracking mechanisms. Information automatically collected may include, but is not limited to: your domain name and host for Internet access; the Internet address of the site from which you came; the date and time you access the Pro Performance Services; your computer or device’s IP address and information about its operating system, browser and host. We may use this information for any lawful purpose, including, for example, using your IP address to help diagnose problems with our server, to administer the Pro Performance Services, to help identify you and to gather broad demographic data.

4.              Use of Information

Pro Performance may use information collected on the Pro Performance Services, which may include information gathered about you, for various purposes. In general, Pro Performance uses personal information it collects to pursue our mission and operations, including the management of our Pro Performance Services, the operation of our business, and to engage in related activities. This may include storing information you in connection with your profile so that we can recognize you when you access your Account and make offers available to you based on information you provided. We also may share some of the information you provide with other users, for purposes of enabling comparisons among or between various users.

You should assume that we will use all information for all lawful purposes except insofar as this Privacy Policy expressly limits our use of your information in some way.  We reserve the right, but do not undertake a duty, to notify you of court orders, subpoenas or other legal process if allowed. If you do not want us to respond to legal process compelling us to disclose your information, you need to seek a valid order permitting us to refuse to disclose it and serve the order on us at least 3 business days before the response deadline.

We reserve the right to use, disclose, retain, share and otherwise deal with all information collected via the Pro Performance Services internally or to third parties, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion we may:

·       Disclose information to service providers and others in order to deal with requests and questions from you; to personalize or enhance your experience; and to assist or respond to our consultants (including auditors and lenders);

·       Disclose information to government regulators, law enforcement authorities or alleged victims of identify theft, as well as voluntary disclosures; and

·       Disclose any matter relating to the Pro Performance Services or your account not listed in this Privacy Policy, but which is not prohibited by law from being disclosed.

We do not purport to have listed all possible disclosures that we might make. This Privacy Policy is intended to help you understand our general practices. This Privacy Policy is not a promise that your information will never be disclosed except as described above. For example, third parties may unlawfully intercept or access information transmitted to or contained on the Pro Performance Services, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information, despite a lack of permission. Although we use what we believe to be commercially reasonable practices to protect your privacy, that does not mean, and you should not expect it to mean, that your information or communications will always be private or protected.

We generally will retain information for as long as required, allowed or for as long as we believe it useful. If you cease using the Pro Performance Services, or your permission to use the Pro Performance Services is terminated, we may continue to use and disclose your personal information in accordance with this Policy. We do not undertake retention obligations through this Privacy Policy. We may dispose of information in our discretion without notice, subject to applicable law.

5.              Cookies

We may place a “cookie” on the browser of your computer. Cookies are a technology that installs a small amount of information on the computer of a website user to permit the website to recognize future visits using that computer.  Cookies may enhance the convenience and use of the Pro Performance Services.  For example, the information provided through cookies may be used to recognize you as a previous user of the Pro Performance Services (so you do not have to enter your personal information every time), offer personalized information for your use, and otherwise facilitate your experience using the Pro Performance Services.  You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the Pro Performance Services.  We may also use clear gifs, and log file information to store user information, customize content, or monitor Pro Performance Services activity.

6.              Do Not Provide Information About Others

Do not provide personal information about others unless you are authorized or required to do so by applicable law or contract. Before supplying personal information about others, you and the person about whom you supply the information must review and consent to the Agreement. By submitting any personal information about others, you represent and warrant that you are authorized to do so, that you have made this Privacy Policy available to the person about whom you supply the information, and that you have obtained that person’s consent to this Privacy Policy.

7.              Other Websites

The Pro Performance Services may contain hyperlinks to other websites or Internet resources. When you click on one of those links you are contacting another website. We have no control over, and no responsibility or liability for, other websites or their collection, use and disclosure of your personal information.

8.              Advertisements

Third-party advertisements may be displayed on the Pro Performance Services, which may contain cookies or other information-gathering technologies. We have no control over, and no responsibility or liability for, the cookies or other technologies used in the advertisements or for the use and disclosure of information collected through advertisement cookies or other technologies.

9.              Email Communications; Consent to Electronic Notice of Breaches

We may send you, or you may elect to sign up to receive, emails from us. To help us understand whether we are providing information of interest to you, we may include software code or other tracking technologies in our emails to monitor whether you opened a particular email, whether you have clicked on the images and/or links in the email, the date and time the message was opened, and whether your computer is capable of receiving HTML-based email.

We endeavor to allow you to unsubscribe at any time from our email programs by clicking on the unsubscribe link at the bottom of any email message. We reserve the right to send you service announcements or similar administrative messages (for example, if we need to temporarily suspend the Pro Performance Services for maintenance), without offering you the opportunity to opt out of receiving them. In addition, because we must communicate with you about orders that you have placed, you cannot opt out of receiving emails relating to your orders.

In the event that we or the Pro Performance Services suffers a data security breach that requires us to provide you with notice, such as under applicable law, you consent to allow us to provide you with such notice by sending an e-mail to the primary e-mail address that is associated with your account.

10.           Security and Passwords

Pro Performance takes what it believes to be commercially reasonable physical, electronic, and procedural safeguards to protect the personal information we collect. However, since no security system is impenetrable and "perfect security" does not exist on the Internet, we cannot guarantee the security of personal information. In addition, any information you include in a post to any message board, discussion group, or other public posting area on the Pro Performance Services is available to anyone with Internet access.

If you create an account on the Pro Performance Services, you may be asked to choose a password for your account, which can be used to access information associated with your account (including personal information). You should choose a password that is not easy to guess, and does not use words that you would find in a dictionary. Do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and we will attribute activities that occur using your account information (e.g., through the use of your password) to you.

11.           Privacy Policy Incorporated in Terms of Use

As indicated above, your use of the Pro Performance Services is governed by the Pro Performance Terms of Use, which are available at www.properformance.guru/terms (“Terms”).  The Terms contain important provisions, including provisions disclaiming, limiting, or excluding the liability of Pro Performance for your use of the Pro Performance Services, and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Pro Performance Services. Each of the provisions of the Terms applies to any disputes that may arise in relation to this Privacy Policy and the collection, use and disclosure of your personal information and are of the same force and effect as if they had been reproduced directly in this Privacy Policy.

12.           Updates to this Privacy Policy.

We reserve the right to update this Privacy Policy from time to time. When we do, we will revise the "Effective Date" at the top of this Privacy Policy. We encourage you to check this page periodically for any updates. If you continue to use the Pro Performance Services following the posting of an updated version of this Privacy Policy, we will treat your continued use as acceptance of the updated version.

13.           Special Note for California Residents

If you are a California resident, you may have certain additional rights related to the privacy of your personal information. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Pro Performance to third parties for the third parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content.  Please contact us as shown below to exercise any of your rights under California law.

14.           Contacting Us

If you have any questions about this Privacy Policy or other matters that relate to it, you may contact us at:

Pro Performance, LLC

Jordan Burt

Jordan@Properformance.guru

574.612.4046