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Privacy Policy
Effective Date: 10/26/2021
Our Commitment

Athletes’ Performance, Inc. and its affiliates (“Exos”, “us”, “we”, or “our”) is a human performance company helping individuals reach higher and achieve more. Our core objective is to help you achieve your personal, professional, fitness, and all-around performance goals.

We value protecting your privacy. To fulfill our commitment to providing the Exos Offerings ( defined below), we may collect your Personal Information (defined below) along the way.

This Privacy Policy (“Policy”) provides you with details regarding our privacy practices in connection with the Personal Information we collect from our members of and/or participants in the Exos Offerings (“you,” “your,” “Participants” or “Members”).

Consent
Categories of Personal Information We Process

The types of Personal Information we Process include the following and depend on the Exos Offering(s) you are utilizing. Exos Processes Personal Information in accordance with applicable law for the purpose of developing, fulfilling and improving the Exos Offerings. We obtain a legal basis for Processing your Personal Information (i) through your consent and registration, either directly or via your employer, community center, an Exos branded or managed physical therapy clinic you attend or another authorized agent (“Agent”), to utilize or participate in our Exos Offerings and/or (ii) to meet contractual obligations that relate to, without limitation, supporting the Fitness Solutions offered to our Clients.

In many cases, we will collect the Personal Information described below directly from you. In some cases, however, we will collect the information from other sources, such as your Agent, our Clients, Exos Coaches, third party partners with whom we partner with to provide the Exos Offerings and other products, and services, and other sources including public databases, joint marketing partners, social media platforms, and vendors who provide services on our behalf.

Exos Processes the following categories of Personal Information:

Identifiers, Account Information, & Demographics
Fitness & Health-Related Information
Preferences & Usage Information
Fitness Monitor Data
Communications-Related Information
Payment Information
Device Information
Employment Opportunities
Non-Personal Information
How We Use Your Personal Information

We Process your Personal Information for the following reasons:

  • To provide Exos’ human performance capabilities and resources under any agreement established with a Client.

  • To provide, maintain, operate, improve, and enhance the Exos Offerings, help us understand how you use the Exos Offerings, and develop new Exos Offerings.

  • For authentication purposes to use the Exos Offerings.

  • To create and customize your user experience to your goals and interest, and help you track your fitness progress.

  • To track your use of the Exos Offerings utilization.

  • To communicate with you to respond to your questions, comments, and other requests.

  • To enable a seamless and integrated fitness experience across the Exos Offerings and your fitness activities.

  • To develop, customize, enhance, or provide marketing and/or advertising for the Exos Offerings.

  • To provide you with updates and other materials about offers and new Exos Offerings that may be of interest to you and measure the effectiveness of our advertising and marketing campaigns. Exos may provide these materials by phone, postal mail, text, or email, as permitted by applicable law. You may contact Exos at any time to opt-out of the use of your Personal Information for marketing purposes as described herein.

  • For research and analytics purposes, which may include market research, new feature testing, and health, fitness, and related research.

  • To facilitate transactions and payments.

  • To develop new services and functionality.

  • To facilitate the connection between your use of the Exos Offerings and third-party services or applications.

  • For compliance purposes, including enforcing our Terms of Service and complying with our contractual obligations with third parties.

  • To detect and prevent fraud and respond to security and safety issues that may arise.

  • To conduct surveys and otherwise provide customer support.

  • For other purposes for which we provide specific notice at the time the information is collected or obtain your consent.

Additionally, we may retain your Personal Information for the above purposes.

How We Share Your Personal Information

Except as set forth in this Policy or as specifically agreed to by you, we will not disclose any of your Personal Information other than for the following reasons (to the extent permitted by applicable law):

  • We may disclose your Personal Information with your consent e.g., providing you with calendar events, sending you newsletters and communications, providing you with education courses, and for other marketing purposes.

  • In situations where sharing or disclosing your Personal Information is required to perform the Exos Offerings or fulfill a contractual obligation with our Client, with which you are affiliated (as applicable).

  • To third parties that are utilized in connection with the furtherance of the Exos Offerings. Please review the relevant privacy policies of the appropriate third parties for further information on how each third party handles your Personal Information.

  • To Team Members, namely, Exos Coaches, in connection with your use of the Exos Offerings. If you utilize certain personal training and/or coaching services available through the Exos Offerings, certain information will also be visible to your Exos Coach.

  • To facilitate your social connections within the Exos Offerings.

  • For any data transfers as mandated for contractual, legal, or regulatory purposes.

  • To any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Exos’ equity or assets.

  • To disclose or release your Personal Information by a court or other government authority of competent jurisdiction.

  • Where such disclosure is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.

Your Rights
Privacy Rights-Related Requests
Data Request Guidance
Communications
Location Information
Third Party Analytics
Do Not Track Signals
Contact Us
Authorized Agent Requests

If you utilize an Agent or a representative on your behalf to submit an opt-out request, we must obtain verifiable proof that such Agent represents you. The Agent can submit the opt-out request as described in the Data Request Guidance section above.

We recommend only using an authorized Agent only as necessary as this may require additional steps to verify your representative.

Children's Privacy

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of the Exos Offerings are directed to children without the consent of a parent or guardian. If you learn that a child has provided us with Personal Information in violation of this Policy, then you may alert us at PrivacyOfficer@teamexos.com.

International Visitors

The Exos Offerings are hosted in the United States. If you choose to use the Exos Offerings from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Exos Offerings. By providing any information, including Personal Information, on or to the Exos Offerings, you consent to such transfer, storage, and processing.

Changes to this Policy

We will post any changes to the Policy on this page, and the revised version will be effective when it is posted. We will notify you by updating the “Last Updated” date at the top of this Policy, or through other communication. We encourage you to review this Policy whenever you use or access the Exos Offerings or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

Privacy Notice for California

This Privacy Notice for California Residents supplements the information contained in Exos’ Privacy Policy and applies solely to persons who reside in the State of California (“you” or “Consumer”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect and Disclose
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Sales of Personal Information
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