INNOVATE PERFORMANCE PRIVACY POLICY

(Last modified: March 9, 2019)

INTRODUCTION

We respect your privacy and are committed to protecting it through our compliance with this Policy. This Policy describes the types of information we may collect from you or that you may provide when you visit the website https://innovateperformance.com/ (our “Website”) or when you use Quantum (our “Software”), and our practices for collecting, using, maintaining, protecting and disclosing that information.  We refer to our Website and our Software cumulatively as our “Platform”.

This Policy applies to any information that we collect on the Platform, including any information in any e-mails, posts, texts and other electronic messages between you and the Platform and any information about you transferred to the Platform from other websites or applications. This Policy also applies to any related information that we collect about you offline but that will be processed by automated means using the Platform. This Policy does not apply to any other information that we collect by any means. 

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you can choose not to use our Platform. By accessing or using our Platform, you agree to this Policy.  This Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. 

INFORMATION WE COLLECT ABOUT YOU & HOW WE COLLECT IT

We may collect several types of information from and about users of our Platform, including information by which you may be personally identified, such as name, postal address, e-mail address, telephone number and photograph. In addition, if we sell any goods or services on our Platform, we may collect information required for the payment for goods or services, including credit card numbers, security codes and other financial information. All of this information is cumulatively referred to in this Policy as “Personal Information”.  We may, in addition and at your direction, collect information about your athletic performance, kinematics data, past and present training regimens and injury history.

The information we collect on or through our Platform may include information that you provide by registering to use our Platform, using our Software to obtain actionable insights on your athletic performance, requesting further services or reporting a problem with our Platform.  We will also retain records and copies of your correspondence (including e-mail addresses), if you contact us. 

 As you navigate through and interact with our Platform, we may automatically collect certain traffic data and usage information to help us manage our content and improve your use of the Platform.  This may include information about your equipment, your IP address and your browsing actions and patterns when you visit our Platform, including the referring and exit pages.  The technologies that we use for this automatic data collection may include cookies that are stored on your computer, small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) and other types of embedded code on the Platform that permit us to count users and obtain other related Platform statistics (for example, recording the popularity of certain Platform content and verifying system and server integrity). 

We may obtain Personal Information and other data from integrated third party applications, programs and/or devices that you may elect to use in connection with the Platform (“Programs”). You should review the third party privacy policies applicable to information transferred to us from Programs, since they may allow different or broader uses of that information than would be permitted by our Policy.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any Personal Information, to present our Platform and its contents to you, to provide you with actionable insights on your athletic performance, to provide you with other information, products or services that you request from us and to fulfill any other purpose for which you provide the information.  If you purchase products or services, we may transmit your Personal Information to payment processors.  We may also use your Personal Information to notify you about changes to our Platform or any products or services we offer or provide though it and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. We may also use the information that you provide in any other way that we describe when you provide the information and for any other purpose with your consent. 

DISCLOSURE OF YOUR INFORMATION

We may convert or combine some Personal Information of users into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user.  We may disclose or use any such de-identified or aggregated data without restriction. 

Some of the information that we collect from cookies, web beacons or other embedded code relates to your personal use of the Platform and allows us to store information about your preferences, speed up your searches and recognize you when you return to our Platform.   Other information that we collect from cookies, web beacons or other embedded code is not tied to your Personal Information and enables us to estimate our audience size and usage patterns.  This traffic data may be shared with third parties without restriction. 

We may disclose Personal Information to our subsidiaries and affiliates and to any contractors, service providers and other third parties who need to know such information to provide services that we request to support our permitted uses of Personal Information.  We may disclose such Personal Information to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger or a similar corporate transaction and any due diligence review with respect to any such proposed transaction.

We may also disclose your Personal Information to comply with any court order, law or legal process, including to meet national security and law enforcement requirements and to respond to any government or regulatory request or audit and to enforce or apply our Terms of Use or Online Subscription and Services Agreement, including for billing and collection purposes, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers or others.  This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

TRACKING

Tracking involves the use of cookies, web beacons or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions.  Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.

We do not currently collect Personal Information about your on-line activities over time and across third party sites for tracking purposes.  We do not currently allow third parties to collect Personal Information on the Platform that could be used by them to analyze and store information about your on-line activities over time and across third party sites for tracking purposes.  Therefore, the Platform does not respond to any “DO NOT TRACK” signals sent by your browser or device.  

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

You have certain choices regarding the Personal Information you provide to us.  You can set your browser to refuse all or some browser cookies. If you disable or refuse cookies, some parts of the Platform may then be inaccessible or not function properly.  

If we have sent you a promotional e-mail about our products or services, you may opt-out by clicking the “UNSUBSCRIBE” or similar link contained therein and following the instructions. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions nor to disclosure to a third party that is acting on our behalf and under our instructions in support of our permitted uses of your Personal Information.

USERS OUTSIDE OF THE UNITED STATES

 Our Platform is hosted in the United States and our services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms.   If you are a user accessing our Platform or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, please note that you are transferring your Personal Information outside your home jurisdiction, and that by providing your Personal Information to us you are consenting to the transfer of your Personal Information to the United States and other jurisdictions as indicated above, and to our use and disclosure of your Personal Information in accordance with this Policy.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may obtain certain information regarding our disclosure of your Personal Information to third parties for their direct marketing purposes.  To make such a request, please send an e-mail to info@quantumperformx.com.  Please note, however, that we do not currently make any disclosures of your Personal Information to third parties for their direct marketing purposes.

ACCESSING AND CORRECTING YOUR INFORMATION

You may send us an e-mail at info@quantumperformx.com to request access to any Personal Information that you have provided to us, or to correct or delete that Personal Information. We will evaluate such requests on a case-by-case basis.  We cannot delete certain of your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

CHILDREN UNDER THE AGE OF 13

Our Platform is not intended for children under 13 years of age, and no one under age 13 may provide any information to this Platform. We do not knowingly collect Personal Information from children under 13.  If you are under 13, do not use or provide any information on this Platform, make any purchases through this Platform, use any of the interactive features of this Platform or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@quantumperformx.com.

DATA SECURITY

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure.  All information that you provide to us is stored on our servers behind firewalls and certain Personal Information will be encrypted using secure socket layer (SSL) technology. 

The safety and security of your information also depends on you. When we have given you (or when you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping that password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information over the Internet is not completely secure.  Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your Personal Information transmitted to our Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform. 

CHANGES TO OUR PRIVACY POLICY

We post any changes we make to our Policy on this page.  If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Platform home page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Platform and this Policy to check for any changes.

CONTACT INFORMATION

The Platform is operated by Innovate Performance, LLC, based in the State of California, U.S.A.  To ask questions or comment about this privacy Policy and our privacy practices, contact us at info@quantumperformx.com.