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Privacy Policy
Effective Date: January 20, 2022

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

By accessing our website, apps, and/or using our services, including but not limited to the Exos Offerings, you acknowledge and agree that information you provide to us will be collected, used, cared for, stored and shared (“collectively, “Processed,” “Process,” or “Processing”) pursuant to the guidelines of this policy. The “Exos Offerings” include, but are not limited to:

  • Any technology developed by Exos, including, without limitation, websites, web applications and mobile phone applications, which may include third party vendor software that have its own terms and conditions and privacy policies (“Exos Digital Solutions”);

  • Elite professional, and military athletics training solutions, including, without limitation, digital and in-Facility programs (“Athlete Solutions”); 

  • The provisioning of Exos coaches and trainers (“Exos Coaches”), Exos employees and independent contractors (collectively referred to as “Team Members”); 

  • The sale of equipment and merchandise (“Exos Goods”); 

  • Solutions related to managing corporate and community in-person fitness centers (each a “Facility”), and related digital and in-Facility programs (“Fitness Solutions”);

  • Physical therapy solutions; and 

  • Activities or exercises that you agree to perform, either directly with Exos, or via an agreement between Exos and your employer, community center, or representative (“Client”).

The terms governing your use of the Exos Offerings are defined in our Terms of Service, of which this Policy forms a part.

Exos will only Process your Personal Information for the purposes described within this Policy. Exos does not buy, sell, or trade Personal Information with third parties for any reason. 

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

When you register to utilize an Exos Offering, for example, by creating an Exos Digital Solutions user account (“Account”), or by signing-up to receive notifications or updates, we may Process Personal Information about you such as your name (real name and alias/preferred name), email address, telephone number, postal address, gender, height, weight, age, date of birth, pronoun, race, national origin, gender, gender identity, gender expression, marital and family status, medical condition, disability, citizenship status, military and veteran status, login credentials (i.e., username and password), driver’s license or state ID card number, passport number, other government-issued identification information, and other similar information.

Fitness & Health-Related Information

In connection with your use of the Exos Offerings, we may Process information regarding your fitness, health, nutrition, activities, and biological characteristics. This information may include performance information, physical assessments (i.e., body composition, heart rate threshold, and VO2 score ratings), fitness goals, training history, nutritional data, injury history, sleep information, motivational well-being, and workout activity.

Preferences & Usage Information

We may collect information about your use of the Exos Offerings and preferred content directly from you and through your use of the Exos Offerings. This information includes your fitness goals, Facility utilization, workout activity and associated metrics, interactions with EXOS Coaches, favorite content, location preferences (i.e., in-Facility or digitally), communications preferences, and purchases.

Fitness Monitor Data

You may decide to utilize a wearable device, a data collection application, or other third-party tracking offering (collectively known as “Fitness Monitors”) in connection with the Exos Offerings and/or your Account. By utilizing such Fitness Monitor with the Exos Offerings, you understand that we may receive certain information, which may include calories burned, sleep patterns, heart rate, workout activity, and other data collected by the Fitness Monitor. 

Communications-Related Information

If you communicate with us directly, including Team Members, or with other Members via the Exos Offerings, we may log information about your communications (such as the length of any communications session and originating and terminating phone numbers or IP address) and may monitor or record the content of communications for security purposes to protect our Team Members and other individuals with whom you communicate, and to enforce our Terms of Service and applicable code of conduct. 

Additionally, when you provide feedback on the Exos Offerings or a Team Member, we will receive the contents of your message or attachments and other information you choose to provide. We may also collect information you provide through your participation in any surveys or studies and may track whether you open or interact with emails that we send you.

Payment Information

When you make a purchase related to and/or through the Exos Offerings, we will utilize a third-party service in compliance with payment card industry security standards to securely receive, process, and store your credit card or other payment information virtually. The use of your payment information by third-party processors will be subject to such party’s terms and conditions, and privacy policies. We do not store full credit card information on our servers. 

Device Information

We use technologies to collect information from your devices (computers, mobile phones, tablets, etc.) when you access the Exos Digital Solutions. This information could include your IP address, device advertising ID, information about your phone’s/browser’s operating system, how you use the app or device, and your physical location. Please also refer to our Cookie and Pixel Tracking Policy

Employment Opportunities

Additionally, if you apply for a job with us, you may submit your contact information and your resume online. If you choose to submit your name, contact information, resume and/or other personal information to us, you are authorizing us to use the information for all lawful and legitimate hiring and employment purposes. We will Process the Personal Information you choose to provide with your application and on your resume and may share the information internally for employment considerations. We may Process employment application data using  research tools and combine it with information from other sources. 

Non-Personal Information

We also routinely Process Personal Information that is aggregated or de-identified, meaning that it cannot be used to reasonably identify a single individual (“Non-Personal Information”). This information includes, but is not limited to:

  • Statistical information

  • Fitness outcome data

  • Member use of the Exos Offerings

  • Client/Member survey scores

  • Website usage data

We may use such Non-Personal Information for any lawful purpose including to analyze and improve Exos, the Exos Offerings, and our third party partners’ services, and to develop new EXOS Offerings.

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.

We are committed to protecting the privacy of all Members of the Exos Offerings and will use commercially reasonable efforts to honor requests made by any individual and Member about whom we have collected Personal Information. Depending on your state of residence, you may have specific legal rights related to such requests.

  • California Residents. If you are a California resident, please review the California Privacy Notice, below.

  • Nevada Residents. If you are a resident of Nevada, Chapter 603A of the Nevada Revised Statutes permits you to opt out of certain types of information that a website has collected or will collect about you. You can submit a Chapter 603A request by emailing [email protected] or by mail to Exos Privacy Officer 2629 E. Rose Garden Lane, Phoenix, AZ 85050, USA, Attn: Data Protection Officer.

  • Canadian Residents. You may be asked to provide your personal information to opt-in to receive emails about our services, products, promotions, special offers and/or company updates. You can unsubscribe at any time from these types of emails by using the “unsubscribe link” located in the email or by contacting us at [email protected], or by mail to Exos Privacy Officer 2629 E. Rose Garden Lane, Phoenix, AZ 85050, USA, Attn: Privacy Affairs.

  • European Economic Area Residents. If you are located in the European Economic Area (EEA”) and have expressed interest in the Exos Offerings, (the “EEA Offerings”) the following additional information (the EEA Notice”) applies with respect to our privacy practices and your personal data. For the purpose of this EEA Notice, personal data means any information relating to an identified or identifiable natural person. For any transfers outside of the EEA countries, the United Kingdom and Switzerland, we ensure model contract clauses, as established by applicable law between the parties transferring data, have been established to ensure adequate technical safeguards.  If you have questions about how we handle your personal data or would like to exercise any of your rights described in this EEA Notice, please refer to the Data Request Guidance section below.

Data Request Guidance

As a Participant, you can (i) request access, portability, correction, updates or deletion of your Personal Information, (ii) object to the Processing of your Personal Information, or (iii) ask us to restrict the Processing of your Personal Information by sending an email to [email protected] In connection with the foregoing requests, we may verify your identity. For portability requests, we will provide the data in a reasonable format. If you choose to delete your information, you may be unable to use some, or all, of the Exos Offerings. 

Communications

You can unsubscribe from our email communications via the “unsubscribe” link provided in the emails and revoke your consent to receive marketing text messages by replying to any of our marketing text messages with “STOP”.  Even if you opt out of receiving promotional messages from us, you may continue to receive administrative or transactional messages from us.

Location Information

You can prevent your device from sharing precise location information at any time through your device’s operating system or browser’s settings. We may, however, continue to collect information about the location of any Facility where you check in if such Facility is linked to your Account. 

Third Party Analytics

Please see our Cookie and Pixel Tracking Policy to learn more about the analytics services that we utilize. You may visit the websites of such third party analytics service providers to learn how to opt out of such services.

Do Not Track Signals

Some browsers include the ability to transmit “Do Not Track” signals. We do not Process or respond to “Do Not Track” signals. Instead, we adhere to the standards described in this Policy and our Cookie and Pixel Tracking Policy below.

Contact Us

We are committed to responding to all inquiries and resolving any complaints about your privacy and our collection or use of your Personal Information. For assistance, contact our Privacy Officer.

Exos Data Protection Officer:
Email: [email protected]
Toll-Free Number: +1 (877) 660-4171

Mailing Address:
Exos
Attn: Exos Privacy Officer
2629 E. Rose Garden Lane, Phoenix, AZ 85050, USA

In-Person:
You can contact the manager staff at the Facility of which you are a Member. They will contact the Exos Privacy Officer on your behalf.

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 [email protected].

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 Residents

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

We have collected the following categories of Personal Information from our Consumers within the last twelve (12) months: 

  • Identifiers, such as your name, address, phone number, email address, date of birth, or other similar identifiers.

    • Collected directly and indirectly from you.

    • Disclosed to trusted service providers to provide the Exos Offerings, for example, so your coach can communicate with you by name, and so Exos can authenticate you within the Exos Digital Solutions by email.

  • Commercial information, such as records of personal property, products or services purchased, or other consuming histories or tendencies.

    • Collected directly from you

    • Disclosed to trusted service providers for example when you purchase Exos Goods.

  • Internet or other similar network activity such as information on a consumer’s interaction with a website, application, or Digital Solution.

    • Collected directly from you.

    • Disclosed to trusted service providers, for example, to personalize and improve the Exos Offerings. 

  • Geolocation data, such as physical location or movements.

    • Collected indirectly from you.

    • Disclosed to trusted service providers, for example, to personalize your experience with the Exos Offerings. 

  • Sensory data, such as audio, electronic, visual, thermal, olfactory, or similar information.

    • Collected directly from you.

    • Disclosed to trusted service providers to provide the Exos Offerings, for example, to share images with your  coach within the Exos Digital Solutions.

  • Inferences drawn from other personal information, such as predictions about your interests and preferences.

    • Collected indirectly from you.

    • Disclosed to trusted service providers, for example, to personalize and improve the Exos Offerings. 

Use of Personal Information

We use your information in accordance with the Section “How We Use Your Personal Information ” in our Privacy Policy.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except pursuant to the contract. Please see above for the disclosures we have made in the preceding twelve (12) months for a business purpose. 

Sales of Personal Information

In the preceding twelve (12) months, we have not sold personal information.

Your Rights and Choices 

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

The Right to Know

You have the right to request any or all of the following relating to your personal information we have collected in the last 12 months, upon verification of your identity:

  • The specific pieces of information we have collected about you;

  • The categories of Personal Information we have collected about you;

  • The categories of sources of Personal Information;

  • The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;

  • The categories of Personal Information we have sold and the categories of third parties to whom the information was sold; and

  • The business or commercial purposes for collecting or selling the Personal Information

The Right to Request Deletion

You have the right to request the deletion of Personal Information we have collected from you, subject to certain exceptions. 

The Right to Opt Out of Personal Information Sales

You have the right to request that we do not sell the Personal Information we have collected about you to third parties now or in the future.

The Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising these rights.  However, please note that if the exercise of these rights limits our ability to process Personal Information, we may no longer be able to provide you our products and services or engage with you in the same manner. 

“Shine the Light”

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]

Contact Information

If you have any questions or comments about this notice, the ways in which Exos collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: +1 (877) 660-4171

Email: [email protected]

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