Privacy Policy

Our Commitment

Athletes’ Performance, Inc., and its affiliates (“Exos”, “us”, “we”, or “our”) is a coaching company helping individuals to get ready for their moments that matter in their personal and professional lives. Exos provides a variety of wellness services that we refer to as “Exos Offerings.” This Privacy Policy (“Policy”) applies to all Exos Offerings unless we have informed you that a different policy applies.  

We are committed to protecting your privacy. This Policy explains our privacy practices in connection with the Personal Information we collect from you when providing the Exos Offerings. By accessing the Exos Offerings, you acknowledge that Exos may Process your Personal Information pursuant this Policy. Please also review our related Terms of Service.

You are not required by law to provide Exos with any Personal Information, and you may revoke your consent to such Processing at any time.  However, if you do not provide Exos the certain Personal Information that is necessary for the proper operation of the Exos Offerings, Exos may not be able to provide them to you.

Please note this Policy does not apply to Personal Information we collect about Exos employees or contractors, or applicants for those roles, in the context of those roles. If you signed up for
the applicable Exos Offerings without the involvement of an Exos Client (as defined below),
then no Exos Client will collect, use, or share your Personal Information. You may disregard the
privacy policy provisions pertaining to Clients.

Contents

Definitions

Roles of the Parties

What Personal Information We Collect From You

How We Use Your Personal Information

Disclosure of Personal Information

Aggregate and Non-Personal Information

Cookies, Analytics, Targeting, and “Do Not Track”/Global Control

Third Party Sites and Services

International Data Transfers

Security

Retention

Children

Privacy Rights and Choices

Changes to this Policy

Additional Information for Certain Jurisdictions

Contact Information 

Definitions

In this Policy, we use certain capitalized terms that we define as follows: 

“Agent” means a person who is legally authorized to act on behalf of another person or entity.  

“Applicable Law” means all laws and regulations applicable to Exos’ Processing of Personal Information in connection with  the applicable Exos Offering. 

“Client” means any employer, community center, or other person that has engaged Exos to provide Exos Offerings to you, if applicable.  

“Commercial Real Estate Client” means a Client operating in the commercial real estate industry that has contracted with Exos to provide Exos Fitness Management Services at their owned or managed properties.

“Employer Client” means a Client, in its role as an employer, that has contracted with Exos to provide the Exos Offering to its applicable employees, dependents and other authorized individuals.

“Exos Offerings” include, but not limited to:

• Any technology developed by Exos, including, without limitation, websites, web applications and mobile applications (“Exos Digital Solutions”);
• Elite professional sports and military athletics training solutions, including, without limitation, digital and in-Facility programs (“Athlete Solutions”); 
• The sale of equipment and merchandise (“Exos Goods”); 
• Solutions related to managing corporate and community in-person fitness centers (each a “Fitness Center Management Services” and a “Facility”), and related digital and in-Facility programs (“Fitness Center Management Solutions”);
• Educational programming;
• Personal training, fitness and nutrition coaching, and group exercise programs; and   
• Massage and other recovery offerings.

Note certain Exos Offerings rely on third parties such as software vendors that have their own terms and privacy policies. See “Third Party Service Providers” below under the caption “Disclosure of Personal Information.” 

“Non-Personal Information” means information which does not identify a specific natural person or household and cannot reasonably be used for such identification.

“Personal Information” means information relating to an identified or identifiable natural person or household, or as defined by Applicable Law.

“Processing” means any operation or set of operations performed on Personal Information, whether or not by automated means, such as collecting, recording, organizing, structuring, storaging, adapting or altering, retrieving, using, disclosing by transmission, dissemination or otherwise making available, and aligning or combining, restricting, and erasing, or destroying.

Role of the Parties

Under the EU General Data Protection Regulation (Regulation 2016/679) (“GDPR”), or any other Applicable Law, Exos acts as a “data controller” of the Personal Information we collect from or about you as an end user of the Exos Offerings.

If an Exos Client (e.g., your employer) has facilitated your access to the Exos Offerings, please note Exos acts as a “data processor” of the Personal Information (data) that the Exos  Client transmit to us in their capacity as an Exos Client, in its role as a “data controller” (the data generally includes, a list of persons eligible to access the Exos Offerings). For such data, the Client independently of Exos decides what Personal Information to provide  and instructs Exos on the processing of such Information. 

If a Commercial Real Estate Client is facilitating your access to the Exos Fitness Center Management Services, please note that both Exos and the Commercial Real Estate Client act as independent controllers of the Personal Information (data) that is collected from your use of the Services. In this case, all Personal Information collected shall be for the benefit of both parties and is governed by this Policy and the applicable Commercial Real Estate Client’s privacy policy.

WHAT Personal Information We Collect on you

The types of Personal Information we Process depends on the applicable Exos Offering(s) that you access, as described in the categories below. In accordance with the Applicable Law, Exos will Process Personal Information solely for the development, fulfillment, and improvement, and marketing of the applicable Exos Offerings. Depending on the applicable Exos Offering(s), we may collect the Personal Information described below directly from you or from other sources, such as your Agent, our Clients, or other third parties with whom we partner with to provide the applicable Exos Offerings. If Exos obtains your Personal Information from a third party, that third party will be responsible for obtaining your consent for processing and transferring your Personal Information to Exos.

Provide to Exos:

• When You Visit Our Websites: We collect Personal Information from you when you submit web forms or interact with our websites, for example by signing up for a webinar, subscribing to one of our services or requesting customer support. We may ask for your email address, first and last name, job title, and other similar business information. 
• Account Registration: When creating an account in the Exos Digital Solutions (“Account”), or by signing-up to receive notifications or updates, we may collect: your name, email address, telephone number, postal address, and login credentials (i.e., username and password).
• Demographic Data: When creating an Account, or by signing-up to receive notifications or updates, we may collect: age, date of birth, gender pronouns, marital status, family size, medical/injury history, and disability.
• Fitness & Health-Related Data: In connection with your use of the Exos Offerings, we may collect directly from you or through Third-Party Applications You Link to an Exos Digital Solution information regarding your fitness level and goals, nutrition and dietary information, activities, health information (e.g., prescriptions, supplements, allergies, injury/surgery history, and reproductive health history, mental health) and biological characteristics (e.g., weight, gender, and age). This data may also include s. We use all of the above information to design a fitness and wellness regimen for you, and not to diagnose or treat any medical conditions. Nonetheless, this information may be considered sensitive Personal Information under Applicable Law.
• Video and Call Recording: We may record your interactions with your Exos coach, including personal training sessions, for quality assurance and to provide you with feedback (e.g., form adjustments). Prior to each recording, we will ask for your consent and use a visible recording light as a reminder.
• Preferences & Usage Information: When using the Exos Offerings or accessing the Exos Facilities, Exos may collect information regarding your use of the facilities, workout activity and associated metrics, interactions with Exos Coaches, favorite content, location preferences (i.e., in-Facility or digitally), communications preferences, and purchases.
• Communications and Interactions: When you email, call, or otherwise communicate with Exos, for example, to access support, provide feedback on the Exos Offerings or create an Account, we may collect your telephone number, email address, the length of any communications session, and IP address. We may also monitor or record the content of your communications with Exos to improve our coaching and customer support, for security purposes to protect Exos team members and other individuals with whom you communicate, and to enforce our Terms of Service and applicable policies. Before recording any live communication with you (e.g., video or phone call), we will inform you and obtain your consent to each recording. 
• Payment Information: When you make a purchase related to and/or through the Exos Offerings, we will utilize a third-party service that complies with payment card industry security standards to securely receive and process payment for the applicable Exos Offering. 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. 
• Other Information: Any other Personal Information we may request from you in response to a survey question, if you choose to volunteer that information. 

Information we collect from your device:

• 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 may include your IP address, your non-precise location derived from your IP address, device advertising ID, time and date you accessed specific portions of the Offerings, interactions with content and materials displayed through our Offerings, language preference, and other technical information regarding the device used to access the Offerings (e.g., type of device, type of browser, operating system, etc.). Please also refer to our Cookie and Pixel Tracking Policy for more information. 

Information we collect from third parties:

• Contact Information: Members using Exos Digital Solutions may participate in the Exos Family Share program, if offered by an Exos Client, that allows a Member’s family member to create an account to access Exos Digital Solutions. To refer a family member as part of the Exos Family Share program, you must provide Exos with your family member’s email address and full name. If you receive a Family Share invitation and fail to activate your account within 30 days, we will delete your data in accordance with the Retention section of this policy. Please note that your family member must be 18 years old or older to participate in the Exos Family Share program.
• Fitness Activity Data: As a Member and a user of the Exos Digital Solutions, you can import your fitness activity data from third-party applications such as Google Fit and Apple Health into the Exos Digital Solutions. Exos will only collect the specific types of fitness activity data you allow in the third-party application, for example heart rate, activity, and calories burned. You may disable or withdraw your consent to future data imports at any time within the Exos Digital Solutions, and this may result in your fitness plans being less personalized.  
  Please note that the collection of your data from these third-party applications is also governed by the privacy policies of Google Fit and Apple Health. 

HOW WE USE  Personal Information

We may use your information for the following purposes:

• To provide the applicable Exos Offering: We may use your Personal Information to provide, improve, maintain and secure the applicable Exos Offering(s). For example, we may use your Personal Information to communicate with you regarding the usage of the applicable Exos Offering(s), to provide technical support, or other customer service and support purposes.

Lawful Basis: Performance of our contract with you, with your consent, and part of our legitimate interests as a commercial business.

• To personalize content and experiences:  We may use your Personal Information to create and customize your user experience to your goals and interests, and help you track your fitness progress.  For example, Exos Coaches may use your Personal Information to provide more personalized coaching based on all aspects of your fitness activities.

Lawful Basis: Performance of our contract with you and with your consent.

• For analytics, research, and product improvements for Exos Offerings: We may also use your Personal Information to help us understand how you use the applicable Exos Offering(s) and to develop new Exos Offerings, which may entail conducting surveys and monitoring your usage of the applicable Exos Offering(s).

Lawful Basis: Performance of our contract with you, with your consent, and as a legitimate interest as a commercial business.

• To provide quality assurance and training purposes: We may monitor communications and interactions with you to ensure the quality of our coaching, customer service and technical support services to provide further training or assistance to our employees to resolve your complaints. As required by applicable law, we will provide notice and consent options for monitoring such communications.

Lawful Basis: Performance of our contract with you, with your consent, and as a legitimate interest as a commercial business.

• To advertise, market, and promote Exos Offerings:  Subject to your consent and as permitted by Applicable Law, we may contact you by phone, email, postal mail, push notifications, in-app messages, or SMS with information about promotions, events, contests and/or other Exos Offerings that might be of interest to you.

Lawful Basis: Your consent, legitimate business interest.

• Facilitating commercial transactions: We may use your Personal information to facilitate transactions and payments conducted through the applicable Exos Offering(s). We may also use your Personal information to detect, prevent, and respond to potentially fraudulent activity and safety issues that may arise through such commercial transactions.

Lawful Basis: Performance of our contract with you and compliance with Applicable Laws.

• To ensure security and integrity of Exos Offerings and Exos: We may use your Personal Information to investigate, prevent, detect, and act against fraud, unauthorized access, or potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.

Lawful Basis: Such usage is a part of our legitimate interests as a commercial business and compliance with Applicable Laws. 

• To comply with any applicable law and/or regulations: We may use your Personal Information to investigate disputes or claims related to the applicable Exos Offering, such as responding to warrants, subpoenas, court orders, and other regulatory or law enforcement requests.

Disclosure of Personal Information

We may disclose Your Personal Information to the following constituents:

• Other Members of Exos Digital Solutions: By joining a challenge, your name (if made public), profile picture (if provided), and your challenge performance information will be visible to other Members in the applicable challenge. Additionally, the leaderboard for the applicable challenge may be shared with our Client (e.g., your employer).
• Exos Clients — Anonymous Data: For Exos Digital Solutions and Exos Fitness Center Management services, we may share anonymized and aggregated data with our Client (e.g., your employer), which they may use to evaluate the effectiveness of the Exos Offering(s). Our Client will not be able to use such anonymized or aggregated data to identify you. 
• Exos Clients — Personal Information: Exos Clients may provide additional benefits, programs, and services based on your usage of Exos Fit and/or Exos Fitness Center Management services (e.g., rewards for completing a challenge). With your express consent, which you may withdraw at any time, we will share with our Client (e.g., your employer) information that identifies you and your Exos Offerings usage details such as:

• • Coach Consults (number completed per month)
  • Total Classes (number of live and on demand completed per month)
  • Practice Participation (number completed in the month)
  • Challenge Participation (number completed in the month)
  • Workouts ( number completed per month)
  • Programs (number of completed in the month)

Any Personal Information shared with our Client will also be subject to its privacy policy. 

• Client Third-Party Benefits Platforms: As a Member using the Exos Digital Solutions, with your consent, we may also share your Personal Information with our Client’s (e.g., your employer’s) chosen third-party benefits provider or aggregator (e.g., Virgin Pulse or Evernorth). If you authorize us to share your Personal Information with these third parties, their privacy policies will govern the usage of the information shared with them. Any Personal Information to be shared will be similar to the described immediately above under heading “Exos Clients — Personal Information.”
• Exos Commercial Real Estate Clients — Personal Information: When Exos provides Fitness Center Management Services to Commercial Real Estate Clients, Exos may disclose your Personal Information to the Commercial Real Estate Client acting as an independent controller. The Commercial Real Estate Client’s usage of your Personal Information is subject to its own privacy policy. The Commercial Real Estate Client is solely responsible for obtaining your separate consent for the collection and processing of your Personal Information for their specific usage. You must directly contact the Commercial Real Estate Client to opt out of their processing of your Personal Information and exercise your rights as a data subject.
• Third Party Service Providers: When you use the Exos Offerings, we may share your Personal Information with third parties that we designate as our “subprocessors” or “service providers” depending on the Applicable Law. These third parties are listed here. These subprocessors/service providers are used to provide or make available certain features or portions of the Exos Offerings.
  Please note that Exos has entered into data protection or processing  agreements with its subprocessors/service providers in compliance with Applicable Law and consistent with this Privacy Policy.  
  
  
• Third-Party Applications You Link to an Exos Digital Solution: As a Member using the Exos Digital Solutions,you can sync third-party fitness application, such as Google Fit or Apple Health, with the Exos Digital Solutions. With your consent, we may share your Exos fitness activity data with your connected third-party application provider. We will only share the Personal Information you choose to share with such third-party applications, which is governed by the privacy policy of those applications. 
• Law enforcement or other governmental entities: Where required by law or legal process, we may share your Personal Information with law enforcement, courts, other governmental entities or parties to a civil action in response to a subpoena or court order.
• Subsidiaries and Affiliates: Exos may share your Personal Information with these entities to process your Personal Information for the purposes described under the caption “How We Use Your Personal Information.”
• Business Transfers: If we are involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may transfer or share some or all our assets, which may include your Personal Information, in connection with such transaction or event or in contemplation of such transaction or event (e.g., due diligence). Such third parties may include auditors, attorneys, consultants, and actual or potential successor to Exos’ business where permitted by Applicable Law.

Aggregate and Non-Personal Information

We may aggregate and/or anonymize Personal Information we collect or process such that it not longer reveals your identity (“Non-Personal Information”). We may use and share Non-Personal Information for any purpose, including, commercial, research, or statistical purposes, without further notice to you. Such usage is not governed by this Policy, as the information is not Personal Information. Examples of Non-Personal Information include Offering usage data, fitness outcomes, Client/Member survey scores and website usage data.

Cookies, Analytics, Targeting, and “Do Not Track”/Global Control

Please see our Cookie and Pixel Tracking Policy to understand how we use the cookies we collect to deliver, improve, protect and optimize our Exos Digital Solutions. 

To manage your cookie preferences, please take the following steps:

• If you are located in the United States, click the “Do Not Sell My Personal Information” link in the footer of our website; or
• If you are located outside of the United States, click the cookie preferences tool located in the bottom right hand corner of our website.

Do Not Track is a privacy preference, which allows users to set certain web browsers to inform websites and services not to collect certain information about their usage across websites or online services. Exos uses its cookie banner technology to respond to “Do Not Track” signals.

Third Party Sites and Services

The Exos Offerings may link to or incorporate third party websites and services. We do not own, operate, or control them, and we do not review their privacy programs. We are not responsible for their privacy practices, including the use and disclosure of your Personal Information. When you interact with those websites or services, you are subject to the applicable third party’s privacy policy and terms of use, and we encourage you to review those materias. 

An example of a third party is a social media site, a content publisher e.g., of fitness information, or the manufacturer of Internet-connected fitness equipment. These third parties are distinct from the “Third Party Service Providers” referred to above that we consider to be our “subprocessors.” 

International Data Transfers

We transfer to, store and process any Personal Information you provide to us via your use of the Exos Offerings in the United States. If you use the Offerings in another country, we may also store your Personal Information in that country. We take appropriate safeguards, in compliance with Applicable Law and this Privacy Policy, to protect the transfer of your Personal information, which may include your consent and the use  of the UK and European Union Commission’s Standard Contractual clauses among  Exos affiliates and with third parties.  

If you are a resident of a jurisdiction from which transferring your Personal Information requires your consent, then your acknowledgement of this Privacy Policy constitutes  your express consent for such transfer of your data. Depending on the applicable Exos Digital Solution, we may also ask for your separate consent to transfer your Personal Information during the account creation process.

Security

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We use physical, technical, and administrative security measures that comply with Applicable Laws and industry standards to secure your Personal Information. 

Retention

Unless you instruct us otherwise, and subject to Applicable Laws, we retain your Personal Information for as we have an ongoing legitimate business need, which may include, for example, to comply with our legal obligations, resolve disputes, and provide you the Exos Offering. 

In accordance with that policy, Exos will retain your Personal Information for up to three years from the date you last opened the applicable Exos Digital Solution.  In addition, upon your request and subject to Applicable Law, we will delete your Account and/or Personal Information. However, if an Exos Client has facilitated your access to our Solutions and that client terminates its agreement with Exos or if an Exos Client or we determine that you are no longer an eligible to use Exos Digital Solutions, we will delete your Personal Information within 90 days after the  termination of the Client’s agreement with Exos. 

Please note that if you request the deletion of your account for any applicable Exos Digital Solution, this will result in the deletion of your account and all associated information, including workouts and achievements. You will also not be able to make a data access request following a data deletion request. 

To the extent we act as a Data Processor on behalf of a Client, we retain Personal Information as directed by the Client. Please contact the applicable Exos Client if you have any questions regarding their data retention policies.

Children

We recognize the importance of protecting the privacy and safety of children. To provide the Exos Offerings, we may need to collect Personal Information about children as defined under Applicable Law (e.g., under 13 years old for US individuals, under 16 years old for European Economic Area individuals, under 18 years old for Israeli individuals, and under 12 year old for Brazilian individuals). However, we do not knowingly collect, maintain, or use personal information about children without verifiable parental consent. 

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.

Privacy Rights and Choices

You have the following rights: 

• You can request to access, correct, update or delete your Personal Information; 
• You can object to the processing of your Personal Information,
• Subject to legal or contractual restrictions and reasonable notice, you can withdraw your consent at any time if we have Processed your Personal Information with your consent;
•  To the extent applicable,  you can request a copy or to “port” of your Personal Information, in which case we will provide the data in a reasonable format of our choosing; 
• You have the right to file a complaint with a supervisory authority in your jurisdiction; however we appreciate the chance to address your concerns before you do so;
• You have the right to not be discriminated against for exercising your rights. 

Please note that if you request the deletion of your Personal Information, we will either remove it from our servers or retain it only in an anonymized form. We also have the right to refuse your request for deletion of Personal Information that we are required or permitted by Applicable Law to retain e.g.,: to comply with applicable legal obligations, to complete a transaction, to protect freedom of speech or public interest, or to detect security incidents, fraudulent or other illegal activity. If an exception is relevant to your request, we will promptly notify you, including the reasons for this decision. After we delete your Personal Information, we may also retain copies in our back-up files, which will be secured against further processing and deleted if such backup copies are ever restored. 

If you wish to exercise any of your rights, please contact us as described at the bottom of this Policy. If we are not able to fulfill your request, we will endeavor to explain the reasoning for this and inform you of your rights. We reserve the right to ask for reasonable evidence to verify your identity before we fulfill certain types of requests in accordance with Applicable Law.

In addition to the rights described above, you may opt-out of data collection and sharing that occurs through the use of cookies. For more information about cookies and your controls in this regard, please review your browser settings as well as our Cookie and Pixel Tracking Policy.

Please note that the rights listed within this Section are not intended as an exhaustive list of your rights. To understand rights that are applicable to your specific country of residency,  please read the “Additional Information for Certain Jurisdictions” section.

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.

Additional Information for Certain Jurisdictions

This section includes additional information as required under the privacy laws of certain jurisdictions.

Brazilian Residents. If you are a Brazilian resident, your privacy rights are assured based on the provisions set forth under the Brazilian General Personal Data Protection Law (LGPD).  Please read Exos’ Brazil Notice to understand more about your rights. If you have any questions or requests related to your privacy rights, please contact us at privacyofficer@teamexos.com. 

EU & UK GDPR. Throughout this policy, we have incorporated all the rights of  the European Union and United Kingdom data protection laws. To exercise any of the rights contained within this policy, please contact us at privacyofficer@teamexos.com. 

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 privacyofficer@teamexos.com, or by mail to Exos Privacy Officer 2629 E. Rose Garden Lane, Phoenix, AZ 85050, USA, Attn: Privacy Affairs.

Costa Rican Residents. You are entitled to, at least, the rights to request access to your Personal Information (“Acceso a la informació”) and rectification of your Personal Information (“Derecho de rectificación”) as set forth by the Protección de la Persona frente al tratamiento de sus datos personales.

Penduduk Indonesia. Jika Anda merupakan penduduk Indonesia, hak privasi Anda dijamin berdasarkan ketentuan yang diatur dalam Undang-Undang Nomor 27 Tahun 2022 tentang Perlindungan Data Pribadi (UU PDL). Bacalah Pemberitahuan Exos dalam bahasa Indonesia untuk memahami lebih lanjut tentang hak-hak Anda.

Israeli Residents. You may ask to view your Personal Information by sending a written request to privacyofficer@teamexos.com. If you find that your Personal Information is incorrect and/or out of date, you may ask Exos to correct or remove it. Note that this right may not be exercised, or may not be exercised to its fullest extent, if you do not own the information, the information provided does not match the information in our databases, and/or the request is unclear and non-specific, violates the privacy of others, and/or is not made in good faith. Furthermore, you have the right to be removed from direct email marketing services. If you do not wish to receive email newsletters and/or advertising, you can use the removal button included in the newsletters/advertisements, or submit a request to privacyofficer@teamexos.com.

Türk Vatandaşları. Türkiye’de ikamet ediyorsanız, gizlilik haklarınız 6698 Sayılı Kişisel Verilerin Korunması Kanunu kapsamındaki hükümler esas alınarak güvence altına alınmaktadır. Haklarınız hakkında daha fazla bilgi edinmek için lütfen Exos’un Türkiye Bildirimini okuyun. 

United States Residents. If you are a resident of California, Colorado, Connecticut, Nevada, Utah, or any other US state that may grant you specific privacy rights, this section is applicable to you. This section is intended to supplement the rights described within this policy to comply with the disclosure requirements required by the Applicable Laws.

Washington State Residents. Washington's My Health My Data law provides you with rights regarding your Consumer Health Data. Please read Exos’ Consumer Health Data Policy to understand your rights and how Exos processes your Consumer Health Data. Contact privacyofficer@teamexos.com with any questions.

WHAT PERSONAL INFORMATION WE COLLECT FROM YOU

The table below identifies the categories of Personal information we collect and the third parties that we may share such information. Please see the sections titled “What Personal Information We Collect From You”, “How We Use Your Personal Information,“ and “Disclosure of Personal Information,“ ” and “Retention” for more information about the Personal Information we collect, how we use it, and disclose and retain it. 

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

SALES AND SHARING YOUR PERsonal Information

Some states consider the transfer of Personal Information to third parties a “sale” even if no money is exchanged (Please Note: Exos does not sell Personal Information to third parties for money). If you would like to withdraw your consent for “sale” of your information to third parties for marketing purposes, please opt out by using the “Do Not Sell My Personal Information” link in the footer of our website. For more information about cookies and your controls in this regard, please review your browser settings as well as our  Cookie and Pixel Tracking Policy. 

Additionally, 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. For a list of third parties we share your Personal Information with, please review our subprocessor list.

Privacy Rights and Choices

Depending on your state of residency, you may have the following rights:

• Right to Know: You have the right to know the categories of Personal Information we collect about you, the sources from which we obtain your Personal Information, the purposes for which we collected and share your Personal Information, the categories of Personal Information that we have disclosed for a business purposes in the 12 months preceding your request, the categories of Personal Information that we have sold to third parties and to whom the Personal Information was sold.
• Right to Request Deletion: You have the right to request the deletion of Personal Information we have collected from you. Please note, however, that we may need to keep such information, such as for our legitimate business purposes or as required to comply with applicable law.
• Right to Opt-out Sale of Information: You have the right to opt out of the sale of your Personal Information to third parties now or in the future.

• Right to Rectification: You have the right to correct any of your Personal Information that is inaccurate. 
• Right of 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.

• Limit the Use of Sensitive Personal Information - You have the right to limit the use and disclosure of your Sensitive Personal Information, which can include the disclosure of Sensitive Personal Information to third parties. The definition of “Sensitive Personal Information” is dependent on the specific state law. 
• Right to Opt-out of the Use of Automated Decision-making Technologies - You have the right to opt out of the use of automated decision making technology, including “profiling,” in connection with decisions related to consumer’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movement. 

If you wish to exercise any of your rights, please contact us as described below. If we are not able to fulfill your request, we will endeavor to explain the reasoning for this and inform you of your rights. We reserve the right to ask for reasonable evidence to verify your identity before we fulfill certain types of requests in accordance with applicable law.

Authorized Agent Requests: If you utilize an Agent or a representative on your behalf to submit a request under this section, we must obtain verifiable proof that such Agent represents you. We recommend only using an authorized Agent only as necessary as this may require additional steps to verify your representative.

"Shine the Light" 

Pursuant to California “Shine the Light” Law, California residents may request once per year, free of charge, a list of third parties (if any) that we may have disclosed your Personal Information to for direct marketing purposes. To make such a request, please send an email to privacyofficer@teamexos.com.

Contact Information 

If you have any questions or comments about this notice, the ways in which Exos collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights, contact our Privacy Officer:

U.S. Toll-Free Number: +1 (877) 660-4171
U.S. Domestic Number (reachable globally): +1 623-201-1433

Email: privacyofficer@teamexos.com

We are committed to responding to all inquiries and resolving any complaints about your privacy and our collection or use of your Personal Information.

VERSION HISTORY

• Exos Privacy Policy published 05.09.24
• Exos Privacy Policy published 09.08.23
• Exos Privacy Policy published 12.09.22
• Exos Privacy Policy published 04.29.22
• Exos Privacy Policy published 10.26.2021