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© 2019 by Adapt Performance LLC

Adapt Performance LLC
Privacy Policy

Last modified: 2019-05-21

Effective date: 2019-05-21

1. TERMS OF USE

This privacy policy as well as our Terms of Use found here: http://www.adaptperformance.

com/terms-of-service (“Terms of Use”) govern your access of the

Online Training, whether: (a) accessed on a computer connected to the internet at

http://www.adapt-performance.com (the “Site”); (b) on the business social media

properties of Adapt Performance LLC; or (c) by mobile phone (individually and

collectively, (a), (b) and (c) are the product (the “Product”), as owned and operated by

Adapt Performance LLC (“Trainer”), a(n) New York corporation having its registered

address at Unites States Corporation Agents, 7014 13th Avenue Suite 202,

Brooklyn NY 11228 Inc. (referred to in these Terms as “we”, “us” or the “

Trainer/Company”). Terms capitalized but not defined in this Privacy Policy have the

meanings set out in the Terms of Use.

2. INTRODUCTION TO PRIVACY POLICY

Trainer is committed to maintaining the confidentiality, integrity and security of any

Personal Information (as defined below) about our subscribers to the Site. The Trainer

strives to support individuals with their personal health and fitness goals , while

respecting privacy expectations and protecting Personal Information. To demonstrate

our commitment to protecting your privacy, we have developed this privacy policy (“

Privacy Policy”), which describes how we will collect, use, disclose and protect your

Personal Information through the Site.

By accessing and/or using the Product, you agree to all the terms and conditions of this

Privacy Policy and the Terms of Use found here: http://www.adaptperformance.

com/terms-of-service and which are incorporated here by reference. If

you do not agree to all the terms and conditions of this Privacy Policy and the Terms of

Use, do not use the Product.

3. AMENDMENTS TO THIS PRIVACY POLICY

The Trainer may amend or change this Privacy Policy at its sole discretion at any time,

and in accordance with the amendment provisions set out in the Terms of Use. The

use of the information we collect at any given point is subject to the Privacy Policy in

effect at the time of collection. If we make any material changes we will notify you prior

to the change becoming effective. We will post the most current Privacy Policy on the

Product, and your use of the Product is subject to the most current Privacy Policy as

posted on the Product at any time. We encourage you to periodically check our Privacy

Policy for the latest information on our current policy.

4. CONTACT INFORMATION

If you have questions or concerns regarding our policy or practices, please contact our

privacy officer by email at jesse@adapt-performance.com or at the following address:

Adapt Performance LLC

Unites States Corporation Agents, Inc, 7014 13th Avenue Suite 202, Brooklyn NY

11228.

5. GENERAL

We may provide areas on our websites where you can post information about yourself

and others and communicate with others or upload content. Such postings are

governed by the Trainer’ Terms of Use. In addition, such postings may appear on other

Product or when searches are executed on the subject of your posting. We cannot

control who reads your posting or what other users may do with the information you

voluntarily post. Therefore, we encourage you to exercise discretion and caution with

respect to your personal information.

6. COLLECTION OF PERSONAL INFORMATION

1. Collection of information at registration

Registration is required if you want to use the Product. Clients may register at

http://www.adapt-performance.com. Other users may either sign in through

[supported_social_login_platforms] and other social media sites or register using

an online form located at http://www.adapt-performance.com. As part of this

registration, we will require that you submit certain information that is relevant to the

purposes of the Product. We collect the following information (“Personal

Information”) from our subscriber’s registration information: first and last name,

date of birth, gender, weight, phone number, email address, and password.

2. Mobile Device Location Information

Upon registration or the use of our location-enabled services on the Product (for

example, when you access services from a mobile device), we may need to collect

and process information about your actual Global Positioning System location

(including the latitude, longitude or altitude of your mobile device) and the time the

location information was recorded. Some of these services require your personal

data for the feature to work and we may associate location data with your device

identification and other information we hold about you. If you wish to use the

particular feature, you will be asked for your consent. If you do not want your

location information collected when you use the Product, please contact your device

manufacturer or platform provider to determine how to disable the collection of this

information.

3. Collection of information when you use the Product

When you use the Product, we automatically collect and store certain information

about your computer or device and your activities including:

the IP address of your computer;

the unique mobile device identifier;

technical information about your computer or mobile device such as the type

of device, mobile device identification number, web browser, other browser

information (e.g., size, connection speed and connection type), and

operating system or platform;

your preferences and settings (time zone, language, etc.); and

your internet provider or mobile carrier name.

4. Collection of information submitted by you

You may send electronic information or physical documentation to us in the

following forms: messages or transaction information relating to your interactions

with our trainers; receipts, personal data in text, video and picture form; and other

subscriber-generated content provided to us in the normal course of your use of the

Product, including but not limited to posts, profiles, comments, suggestions,

forwarded messages, feedback information, usage information, transaction

information and Traffic Data (as defined below).

5. Collection through interaction with the Product

We may collect your Personal Information when you communicate it to us by use of

one of our web forms or other interactions with the Product, by email, or by any

other means of communication.

The Product offers publicly-accessible blogs and allows you to create personal

profiles which can be seen by others (collectively, “Public Content”). This Public

Content and any of the information you post to the Site, such as reviews, are

intended for public consumption. You should be aware that any information you

provide in this area may be read, collected, and used by others who access them.

We take no responsibility for any information which you or your employees, agents,

contractors and representatives post or publish on the Product and you agree to

indemnify and hold us harmless for any loss, cost, complaint, damage, claim or

liability whatsoever arising from any such post or publication. We may post your

testimonials along with your name on the Product from time to time if such

information is provided to us.

If you are logged into social media sites such as

[supported_social_login_platforms], and you access but are not logged into the

Product, we may receive information from such social media site to make it easier

for you to create an account on the Product and show you relevant content from

your friends on such social media. This information personalizes your experiences

and helps you create an account. You can also connect your account on third party

social media like [supported_social_login_platforms], in which case we may

collect and store information identifying your account with the third party service.

We may collect and store information (including personal information) locally on

your device using mechanisms such as browser web storage (including HTML 5

and any applicable newer versions) and application data caches.

6. Traffic Data

"Traffic Data" is collected by the Product and our third-party traffic analysis provider

through the use of software that is included on the Product as well as cookies that

are stored temporarily on your computer. Together, these technologies help us

manage our content by identifying which content is effective.

7. Use of Cookies and Usage Data

Cookies are small data files that are stored on a subscriber’s computer for recordkeeping

purposes. Cookies track where you travel on the Product and what you

look at. A session ID cookie expires when you close your browser. When you log

into the Product, your browser may ask if you want it to remember you as a

registered subscriber of the Product. If you accept, the session ID becomes a

persistent cookie, which remains on your hard drive for an extended period of time.

Although cookies are used by most major websites and are accepted by default by

most web browsers, it may be possible to disable cookies via your browser settings.

We use session cookies and usage data to make it possible to navigate the secure

environment inside the Product and to keep, and periodically track, information

about you for the purpose of creating a personalized web experience and improving

the Product or measuring and conveying to others the performance levels of the

Product. We may link the information we store in cookies to any personally

identifiable information you submit while on the Product. This is for the purpose of

creating a personalized experience within the Product, to assist the Trainer in

understanding its users and subscribers and designing improvements to the

Product, and for the purpose of collecting usage and performance metrics.

8. Online and Mobile Advertising

We may allow third parties to use cookies on the Product to collect the same type of

information for the same purposes as we do. Advertisers and advertising networks

place advertisements on our websites and mobile applications. These companies

as well as data analytics companies who service them may collect information, such

as your computer’s IP address, browser information, mobile device ID, and search

queries as you use the Product. These companies also may use cookies and other

technologies to collect data about you when you visit our Site. Cookies from

advertising companies enable them to track your activity across various websites

where they display advertisements and record and associate your activities, so they

can show advertisements that they consider relevant to you. We do not have

access to or control over the cookies that these third-parties use.

9. Use of analytics tools

The Product may from time to time implement other third-party analytics services

that also use cookies. We will ensure that no personally identifiable information is

included in those cookies. If the use of cookies by any service provider differs

materially from the practices already listed, we will revise this document accordingly

and notify existing customers/users of the change(s). Other cookies created by the

Product are used to secure your login session and to help ensure the security of

your account. Such cookies are unrelated to the aforementioned traffic analysis and

are never shared with third parties.

10. Location Data

When you access the Product using a web browser or other application, we may

gather and store certain types of information including: traffic data from your

browser, your IP address, location, GPS signals sent by a mobile device, cookie

information, and the pages you visit on the Product. Traffic data is helpful in

identifying and fixing problems with the Product.

7. USE AND DISCLOSURE OF PERSONAL INFORMATION

1. General use

The Company will not use or disclose Personal Information for purposes other than

the identified purposes of the Product. We may use your Personal Information

(defined above) to:

enforce our Terms of Use;

provide customer service and support, administrative messages, resolve

disputes, and troubleshoot problems including helping third-party service

providers fulfil their functions;

aggregate, anonymize data, and sell aggregated and anonymized data for

analytical, marketing and other purposes;

fulfill your requests for certain features of the Product;

customize, measure, and improve the Product;

offer or provide you with products and services including providing you

information relating to receipts, technical notices, updates, and security

alerts;

inform you of targeted marketing, service updates, and promotional offers

unless you opt out;

assist us to measure our performance and to share performance information

with others;

comply with legal or regulatory requirements (as described below); and

fulfill other purposes, subject to your explicit consent.

[additional_personal_information_uses]

2. Third-party disclosure

We may share personal information or feedback with affiliates, third-party vendors,

consultants and other service providers who work for us. We may share your first

name and comments or feedback with third-parties. We will not tie any other

information, other than your first name, that can identify you to your comments or

feedback. However, third-parties may be able to tell who you are from your

comments, particularly if you provide your full name or your contact information in

the comments.

3. Surveys

From time to time, the Trainer may offer you the opportunity to participate in

contests, giveaways and other promotions. Any information submitted in connection

with such activities will be treated in accordance with this Privacy Policy, except as

specifically set forth in the rules for those contests, giveaways or promotions. From

time to time, the Trainer may also ask you to participate in surveys designed to help

us improve the Product. Any Personal Information provided to the Trainer in

connection with any survey will be used only in relation to that survey and as

elsewhere set forth in this Policy.

4. Acquisition of the Company

In the event that Adapt Performance LLC, or all or a portion of the business, or

one or more of its divisions, is acquired by one or more third parties as a result of

an acquisition, merger, sale, reorganization, consolidation, liquidation or another

similar transaction, your Personal Information shall be one of the transferred assets.

5. Retaining Information

We may retain your personal information while you have an account with us and

thereafter for as long as we need it for purposes not prohibited by applicable laws

and subject to the provisions in our Terms. This data may be retained for

approximately thirty (30) days after your relationship with us has been terminated.

6. 7.6 Legally compelled disclosures

Notwithstanding the foregoing, the Trainer reserves the right (and you authorize the

Trainer) to share or disclose your Personal Information when the Company

determines, at its sole discretion, that the disclosure of such information is

necessary or appropriate:

to enforce our rights against you or in connection with a breach by you of

this Privacy Policy or the Terms of Use;

to investigate or respond to suspected illegal or fraudulent activity or to

protect the safety, rights, or property of us, our users, or others;

to prevent prohibited or illegal activities; or

when required by any applicable law, rule, regulation, subpoena, or other

legal process.

8. DISCLOSURE OF PAYMENT CARD INFORMATION

To use certain services on the Product, we may require credit or debit card account

information. By submitting your credit or debit card account information through the

Product, you expressly consent to sharing of your information with third-party payment

processors, other third-party service providers, and applicable businesses.

1. DATA RETENTION AND ACCOUNT TERMINATION

Users may terminate their account by pressing the unsubscribe button or by

emailing jesse@adapt-performance.com. After thirty (30) days of receiving a

termination request, or immediately after we terminate our relationship with you, the

user profile, including all offered promotions, will be removed from the Product, but

we may retain information about you for the purposes authorized under this Privacy

Policy and our Terms unless prohibited by law. For example, we may retain

information to prevent, investigate, or identify possible wrongdoing in connection

with the Product or to comply with legal obligations.

2. CONSENT AND PRIVACY SETTINGS

By using the Product, you consent to the collection, use and disclosure of your

Personal Information by us in the manner described in this Privacy Policy. You may

always opt not to disclose certain Personal Information, but which may restrict

access certain features of the Product. For example, your name and email address

are necessary to complete the registration process. At any time after registration,

you may opt out of most email communication from us by clicking on the opt-out link

at the bottom of our emails, or by contacting us at the contact details listed above.

However, we may still contact you for administrative purposes. Withdrawing

consent will not apply to actions the Company has already taken based on your

prior consent.

By providing your mobile phone number, businesses expressly consent to receive

direct dial calls, from Trainer for any urgent and administrative issues. When you

sign up for an account, you are opting in to receive emails and notifications from the

Product and other Product users such as businesses signed up with the Product.

9. ACCURACY OF INFORMATION AND INDIVIDUAL ACCESS

The Trainer relies on you to ensure that the Personal Information you enter into our

system is as accurate, complete and up-to-date as necessary for the purposes for

which it is to be used. You may make changes or corrections to your Personal

Information at any time. You may review or update your personal information by

clicking your settings tab in your business dashboard or in the menu located within your

personal profile or by emailing jesse@adapt-performance.com.

When updating your personal information, we may ask you to verify your identity before

we can act on your request. Unless required by law, we may reject requests that are

unreasonably repetitive, require disproportionate technical effort, risk the privacy of

others, or would be extremely impractical. Where we can provide information access

and correction, and when required by law, we will do so for free.

We also make every effort to ensure the accuracy of the information in our reports,

displays, articles and support queries. However, you must verify all information created

from your use of the Product. We recommend that you consult a professional before

completing any government or regulatory filing or otherwise relying upon the

information, as the use of this information is at your own risk. You are responsible for

ensuring that that the information you have entered into our system is accurate, reliable

and complete.

10. THIRD PARTY SERVICE PROVIDERS

We may share your Personal Information with service providers who help us to run our

operations or to otherwise fulfill your request or as required by law. Our service

providers are restricted from using your Personal Information in any way other than for

the service they are providing. We ensure that such third parties maintain reasonable

and appropriate safeguards. You own your data in accordance with the rules for

subscriber generated content set out in the Terms of Use http://www.adaptperformance.

com/terms-of-service and can download your own data via the Product

at any time.

11. BUSINESS TRANSFERS

We may share information from or about you with subsidiaries, joint ventures, or other

companies under common control, in which case we will require them to honour this

Privacy Policy.

12. LINKS TO OTHER WEBSITES

Links to sites controlled or operated outside of our domain (each individually a “Thirdparty

Site” and collectively the “Third Party Sites”) are provided as a convenience to

you only and do not imply an endorsement by us of a Third Party Site or the company it

purports to represent. We do not assume any responsibility for information and

materials found on, or the privacy practices of, a Third Party Site. This Privacy Policy

does not apply to a Third Party Site.

13. SECURITY MEASURES

We take your privacy very seriously. To keep your Personal Information secure, you

are required to safeguard your subscriber name and password information in

accordance with the Terms of Use.

In addition, we restrict unauthorized access through protective policies, procedures,

and technical measures, including:

a. providing reasonable physical and electronic safeguards with regard to the

storage of Personal Information;

b. limiting access to your Personal Information to those employees or contractors

who we reasonably believe need to come into contact with that information to

provide products or services to you or in order to do their jobs; and

c. governing employees and other contractors by strict standards and policies to

ensure that Personal Information is secure and treated with the utmost care and

respect.

Please note that no data transmission over the internet or otherwise can be guaranteed

to be completely secure. As a result, while we strive to protect your Personal

Information, we cannot warrant the security of any information you transmit to us, and

you do so at your own risk.

If you have a security related concern, please contact us at the contact details provided

above. We will work closely with you to ensure a quick and personal response to your

concerns.

14. DISCLAIMER

IF YOU CHOOSE TO ACCESS THE PRODUCT, YOU DO SO AT YOUR OWN RISK,

AND ARE RESPONSIBLE FOR YOUR OWN HEALTH AND WITH COMPLYING WITH

ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE

AVAILABILITY OF THE PRODUCT, IN WHOLE OR IN PART, TO ANY PERSON,

GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN

OUR SOLE DISCRETION. OUR PRIVACY POLICY DOES NOT COVER THE

INFORMATION PRACTICES OF OTHER COMPANIES AND ORGANIZATIONS WHO

ADVERTISE OUR SERVICES, AND WHO MAY USE COOKIES, PIXEL TAGS, AND

OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT ADVERTISEMENTS.

15. NOTIFICATIONS

In the unlikely event that we believe that the security of your Personal Information in

our possession or control may have been compromised, we may seek to notify you of

that development. If a notification is appropriate, we may notify you by the email

address registered to your account.

We will never send email messages to customers requesting confidential information

such as passwords, credit card numbers, or social security or social insurance

numbers. Please do not act on any such emails as you may compromise your Personal

Information by replying or by following links to a fraudulent website.

16. MISCELLANEOUS

If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any

arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be

deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that

is unlawful, void or unenforceable shall be stricken from this Privacy Policy. The

insertions of headings are for convenient reference only and are not to affect the

interpretation of this Privacy Policy.