Privacy Policy

Updated: 5/21/13

Athletes’ Performance, Inc. (“API”) and all of its (current and future) affiliates, including but not limited to Core Performance, LLC (“CP”) and Core Performance Centers, LLC (“CPC”) (collectively, the “AP Entities”) take your privacy seriously. Please read the following to learn more about our privacy policy.

A. What This Privacy Policy Covers

This policy addresses what Personal Information (defined below) is and how the AP Entities use Personal Information that any of the AP Entities collect from You, whether on-line (e.g., through e-mail or an on-line program), in-person (e.g., through physical activity readiness questionnaires, evaluations or assessments, actual workout and usage data, or Your feedback) or otherwise received from You (e.g., letters, over the phone, or surveys/questionnaires). Personal Information is information about You that is personally identifiable (such as Your name, physical address, email address, date of birth and phone number). This policy also addresses what Non-Personal Information (defined below) is and how the AP Entities use Non-Personal Information that any of the AP Entities collect from You, whether on-line (e.g., through e-mail or an on-line program), in-person (e.g., through physical activity readiness questionnaires, evaluations or assessments, actual workout and usage data, or Your feedback) or otherwise received from You (e.g., letters, over the phone, or surveys/questionnaires). Non-Personal Information is information about You: (i) such as “aggregate data” which may include, for example, aggregate information regarding the number of unique users who visit any of the physical operations, websites or other on-line systems operated by any of the AP Entities, the demographic breakdown of the registered users of any of the physical operations, websites or other on-line systems operated by any AP Entities, or the activities of visitors to any of the physical operations, websites or other on-line systems operated by any of the AP Entities, and (ii) other information that is not personally identifiable (such as physiological, neurological and physical information that is not identifiable to you). The AP Entities do not knowingly collect or solicit either Personal Information or Non-Personal Information from children under the age of thirteen (13).

B. Information Collection and Use

i. The AP Entities use Personal Information and Non-Personal Information the AP Entities collect from You to: (i) develop a customized training program tailored to each user’s goals and needs; (ii) track users’ progress towards their fitness and health goals; (iii) customize users’ experiences; (iv) improve the products and services the AP Entities provide; (v) develop new products or services; (vi) provide products or services which You have requested from any of the AP Entities, including to provide You with notifications related to your use of any of the products or services offered by any of the AP Entities; (vi) track the use of a physical operation, website or other on-line system operated by any of the AP Entities; (vii) track the effectiveness of a physical operation, website or other on-line system operated by any of the AP Entities; (viii) analyze use of any of the products or services provided by any of the AP Entities; (ix) develop, customize, enhance or provide advertising for any of the products or services provided by any of the AP Entities; (x) document Your personal history to appropriately customize the individual’s fitness program and fitness goals and protect the AP Entities; (xi) send You targeted communications, publications, news, information about events, special offers, promotions and benefits and to administer contests, promotions, surveys or sweepstakes.

ii. The AP Entities do not rent, sell, or share Personal Information about You with other people or companies except to provide or offer services You have requested, when any of the AP Entities have Your permission, or under the following circumstances: (i) any of the AP Entities responds to subpoenas, court orders, or other legal process, or to establish or exercise its legal rights or defend against legal claims; (ii) any of the AP Entities believes it is necessary to share information, including Personal Information, in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of any of the AP Entities’ policies or these terms and conditions, or as otherwise required by law; (iii) any of the AP Entities outsource certain services or functions to third parties (e.g., related to a physical operation, website or other on-line system operated by any of the AP Entities) and the disclosure of Your Personal Information to these third parties is necessary for any of the AP Entities to provide products or services to You (e.g., related to a physical operation, website or other on-line system operated by any of the AP Entities); (iv) any of the AP Entities transfers Your Personal Information to its successor in interest related to the sale of its business or a merger or to any of AP Entities; or (v) any of the AP Entities may share Personal Information with Your amateur or professional sports team, club or league or with Your sports agent. The AP Entities retain Personal Information about You for only as long as it is necessary for the purposes for which the AP Entities collected it from You.

iii. The AP Entities do not rent, sell, or share Non-Personal Information about You with other people or companies except to provide or offer services You have requested, when any of the AP Entities have Your permission, or under the following circumstances: (i) any of the AP Entities responds to subpoenas, court orders, or other legal process, or to establish or exercise its legal rights or defend against legal claims; (ii) any of the AP Entities believes it is necessary to share information, including Non-Personal Information, in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of any of the AP Entities’ policies or these terms and conditions, or as otherwise required by law; (iii) any of the AP Entities outsource certain services or functions to third parties (e.g., related to a physical operation, website or other on-line system operated by any of the AP Entities) and the disclosure of Your Non-Personal Information to these third parties is necessary for any of the AP Entities to provide products or services to You (e.g., related to a physical operation, website or other on-line system operated by any of the AP Entities); (iv) any of the AP Entities may share Non-Personal Information with Your employer when any of the AP Entities obtain your Non-Personal Information in connection with products or services that any of the AP Entities provides to You directly or indirectly in cooperation with or through Your employer (e.g., Your employer’s corporate wellness center); (v) any of the AP Entities transfers Your Non-Personal Information to its successor in interest related to the sale of its business or a merger or to any of AP Entities; (vi) any of the AP Entities may provide to third parties Non-Personal Information about You; or (vii) any of the AP Entities may share Non-Personal Information with Your amateur or professional sports team, club or league or with Your sports agent. As used in (vi) above, the third parties to whom we may provide this Non-Personal Information may include Your employer (when any of the AP Entities obtain your Non-Personal Information in connection with products or services that any of the AP Entities provides to You directly or indirectly in cooperation with or through Your employer (e.g., Your employer’s corporate wellness center)), potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

C. Confidentiality and Security

i. Your Personal Information is stored on servers (or in the case of Personal Information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. The AP Entity that has Your Personal Information will use commercially reasonable protections to safeguard Your Personal Information. These measures are intended to protect against the loss, misuse, or alteration of the information under our control; however, the AP Entities cannot guarantee that our security measures will prevent parties (such as "hackers" or other bad actors) from illegally obtaining or misusing Personal Information.

ii. Although the AP Entities take reasonable security measures to protect Your Personal Information, the AP Entities must interact with third parties (e.g., servers and systems to support Your requests, provide services, and process Your transactions, and entities that provide physical space to the AP Entities. The AP Entities strive to work with only reputable third parties to provide those services and spaces, yet the AP Entities are not responsible for any acts or omissions of third parties.

D. Registration and Password

To access some of the content, information, products and services provided by the AP Entities through a physical operation, website or other on-line system operated by any of the AP Entities, You may be required to register by providing certain information and creating a user name and password to access (or log in). You are responsible for maintaining the confidentiality of Your user name and password. You shall be responsible for all uses of Your user name(s) and password(s). You agree to immediately notify the AP Entities of any unauthorized use of Your user name(s) and/or password(s).

E. Public Forums, Indemnification, Release & Content License From You

Any information that You disclose in public areas of a physical operation, website or other on-line system operated by any of the AP Entities (or, of course, the Internet in general) may become public information. You should exercise caution when deciding to disclose personal information in such areas. Any and all information posted, contributed or otherwise disclosed in/at/to a physical operation, website or other on-line system operated by any of the AP Entities may be used by the AP Entities in any manner, and the act of contributing information or other content constitutes a perpetual, royalty free, worldwide license for the AP Entities to use, reproduce, distribute, perform, display and make derivative works from such information and content. By submitting content or information to a physical operation, website or other on-line system operated by any of the AP Entities, You represent and warrant that such information and content does not infringe, misappropriate or otherwise violate the rights of any person or entity , and You agree to indemnify, defend and hold harmless the AP Entities and their respective officers, directors, members, employees and contractors from any damages or liability that directly or indirectly arises out of or is related to Your contribution of content or information. You promise not to sue or make a claim against the AP Entities and their respective officers, directors, members, employees or contractors and You hereby waive any and all claims against such parties for any liability or damages arising out of or related to the acts or omissions of other users or contributors to a physical operation, website or other on-line system operated by any of the AP Entities.

F. Cookies; Pixel Tracking

i. When You browse a website or other on-line system operated by any of the AP Entities, a temporary cookie is placed on Your computer that helps the AP Entities collect information to help us better understand our visitors' interests and to better serve You. What are Cookies? "Cookies" are small pieces of information that are stored by Your web browser's software on Your computer's hard drive or temporarily in Your computer's memory. The use of cookies is an industry standard and it enhances the user experience and Your access to information on a website or other on-line system operated by any of the AP Entities. Cookies are used on most major web sites. Cookies enable the AP Entities to recognize You and personalize Your viewing experience on a website or other on-line system operated by any of the AP Entities. The AP Entities use cookies for a variety of purposes including, but not limited to, to recognize user access (or logon) privileges to a website or other on-line system operated by any of the AP Entities (such as to store user names and other information supplied at registration), track usage and traffic patterns, provide information and advertisements for goods or services that any of the AP Entities think may interest You based on Your interest in and use of a website or other on-line system operated by any of the AP Entities, and track the number of users who visit and use a website or other on-line system operated by any of the AP Entities. Although most web browsers are initially set up to accept cookies, You may be able to decline the placement of a cookie on Your hard drive by using the appropriate feature(s) of Your web browser software (if available) to delete the cookie. Please note, however, that certain areas or features of the website or other on-line system operated by any of the AP Entities will not function properly if Your web browser does not accept cookies.

ii. In addition to using Cookies, a website or other on-line system operated by any of the AP Entities may employ "pixel tracking", a common process which may be used in connection with advertisements and or internal tracking. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A "pixel tag" is an invisible tag placed on certain pages of websites that is used to track an individual user's activity. We may access these pixel tags to identify activity and interests that may allow us to better match our goods, services, and other offers with Your interests and needs. For example, if You visit a website or other on-line system operated by any of the AP Entities from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought You to a website or other on-line system operated by any of the AP Entities. If You visit a website or other on-line system operated by any of the AP Entities, and we link You to another website, we may also be able to determine that You were sent to and/or transacted with a third party website. This data is collected for use in our marketing and research.

G. Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time without notice. Changes to this Privacy Policy will be posted at/to the physical operation, website or other on-line system operated by the AP Entities.