Effective Date: 10/26/2021
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
We Process your Personal Information for the following reasons:
Additionally, we may retain your Personal Information for the above purposes.
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 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.
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 firstname.lastname@example.org. 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.
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.
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.
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.
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.
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:
Toll-Free Number: +1 (877) 660-4171
Attn: Exos Privacy Officer
2629 E. Rose Garden Lane, Phoenix, AZ 85050, USA
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.
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.
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@example.com.
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.
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.
We have collected the following categories of Personal Information from our Consumers within the last twelve (12) months:
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.
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.
In the preceding twelve (12) months, we have not sold personal information.
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 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 firstname.lastname@example.org
Phone: +1 (877) 660-4171