EXOS Platform

Privacy Policy

Updated: July 12, 2016

Athletes' Performance, Inc., a Delaware corporation ("EXOS") and all of its current and future subsidiaries and affiliates (collectively, the "EXOS Entities") take your privacy seriously. Please read the following to learn more about our privacy policy. The EXOS Entities provide a multi-faceted fitness, health and wellness technology platform, which may include access to workout regimens, data on your workouts and progress, workout history, the EXOS Journey Application, the EXOS Movement Application, other content on our or our third party partners' websites, and other applications, software and technology to help you enhance your fitness, health and wellness (the "Platform"). By interacting with the EXOS Entities (such as, for example, through the Platform), YOU CONSENT to our practices set forth in this Privacy Policy, including without limitation those concerning all Personal Information and Analytics Data (each as defined in Section B below) pertaining to you. If you do not agree with any part of this Privacy Policy, you should cease all use of the Platform.

A. What This Privacy Policy Covers

This policy applies to all Personal Information and Analytics Data collected, used and disclosed by the EXOS Entities, 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, by interacting with our mobile applications or other online properties, any other part of the Platform, or surveys/questionnaires). Unless agreed otherwise, this policy also applies to information about you that is transmitted to any of the EXOS Entities by its clients, such as, for example, your gym or your employer. Other third parties, such as social networks that you use in connection with the Platform may also collect, use, and share information about you. We encourage you to review the privacy policies of each of those sites to obtain an understanding of how your information is used or shared by those third-parties.

B. Information Collection

The EXOS Entities collect Personal Information and Analytics Data.

"Personal Information" is information that can be used to identify, locate or contact you. It also includes other information about you that we tie to Personal Information. The EXOS Entities collect the following types of Personal Information:

Analytics Data is data generated by, collected by, transmitted from, or stored in equipment based on its use. Analytics data includes information gathered from your use of workout equipment, information transmitted by your computer or mobile device when interacting with our online properties, such as, for example, server logging information. Analytics data also includes information transmitted from your computer or mobile device when interacting with cookies, web beacons, and other tracking objects.

Children Under 13. The EXOS Entities do not market to and do not knowingly collect any Personal Information or Analytics Data from or about a child under the age of 13 without the consent of the child's parent or legal guardian. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete that data from our systems.

C. Information Use

The EXOS Entities and our third party partners and subcontractors use Personal Information and Analytics Data 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 EXOS Entities provide; (v) develop new products or services; (vi) provide products or services which you have requested from any of the EXOS Entities, including to provide you with notifications related to your use of any of the products or services offered by any of the EXOS Entities; (vi) track the use of a physical operation, website, mobile application, or other networked or on-line system provided by or operated by any of the EXOS Entities or our third party partners or subcontractors; (vii) track the effectiveness of a physical operation, website or other on-line system operated by any of the EXOS Entities or our third party partners or subcontractors; (viii) analyze use of any of the products or services provided by any of the EXOS Entities or our third party partners or subcontractors; (ix) develop, customize, enhance or provide advertising for any of the products or services provided by any of the EXOS Entities or our third party partners or subcontractors; (x) document your personal history to appropriately customize your fitness program and fitness goals and protect the EXOS Entities; (xi) analyze and report on usage and usage patterns, and (xii) send you targeted communications, publications, news, information about events, special offers, promotions and benefits and to administer contests, promotions, surveys or sweepstakes.

Do Not Track Signals. Certain web browsers and other devices you may use to access the website may permit you to indicate your preference that you do not wish to be "tracked" online. At this time, websites owned by the EXOS Entities do not respond to "Do Not Track" signals.

D. Information Disclosure

Except as set forth hereafter, the EXOS Entities will not rent, sell, or share your Personal Information and Analytics Data with other people or companies except to provide or offer services you have requested. In addition, any of the EXOS Entities may share your Personal Information and Analytics Data if any of the following circumstances or situations exists: (i) any of the EXOS 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 EXOS 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 EXOS Entities' policies or these terms and conditions, or as otherwise required by law; (iii) any of the EXOS 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 EXOS Entities) and the disclosure of your Personal Information to these third parties is necessary for any of the EXOS 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 EXOS Entities); (iv) any of the EXOS Entities transfers your Personal Information to its successor in interest related to the sale of its business or a merger or to any of EXOS Entities; or (v) any of the EXOS Entities may share your registration and participation information with your employer, sports team, club, league or sports agent who pays for, or otherwise arranges for you to make use of, the Platform. These information sharing practices may include disclosures to your employer (when any of the EXOS Entities obtain your Personal Information and Analytics Data in connection with products or services that any of the EXOS 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.

E. Confidentiality and Security

Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while the EXOS Entities attempt to protect all Personal Information, the EXOS Entities cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. The applicable EXOS Entities will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable state and federal laws) stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach.

F. Public Forums

Any information that you disclose in public areas of a physical operation, website or other on-line system operated by any of the EXOS 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.

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 or part of the Platform operated by the EXOS Entities.

H. Third Party Content

Our online properties or equipment may contain links to websites not affiliated with the EXOS Entities. Your use of an external website or any informational content found on an external websites is subject to and governed by the terms and guidelines of those website(s). The EXOS Entities do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of an online property the EXOS Entities controls. The EXOS Entities are not responsible for the privacy practices of any external website.

I. Contact Information

If you have any questions regarding this policy, you may contact us using the information below. California law provides that California residents have a right to request businesses to tell them how their personal information has been shared with third parties, if at all, for the third parties' direct marketing purposes. To make such a request, please contact us at the contact information listed below.

EXOS
2629 E. Rose Garden Lane
Phoenix, AZ 85050
Attention: Information Security Officer