Privacy Policy
Effective July 1, 2021
This Privacy Policy discloses the privacy practices of PerformanceAbove, LLC and its affiliates and subsidiaries (“Company,” “we,” “us,” “our”) and applies solely to any information or data collected by us on our websites, services, and applications (the or this “Website”). We know that you care about how any information that you provide to us is used, stored, and shared.
PLEASE BE AWARE THAT COMPANY IS NOT A COVERED ENTITY WITHIN THE MEANING OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT OF 2009, AND ALL IMPLEMENT REGULATIONS (“HIPAA”). THIS MEANS THAT COMPANY IS NOT BOUND BY HIPAA TO PROTECT ANY INFORMATION THAT YOU PROVIDE TO US IN THE SAME MANNER THAT YOUR DOCTOR IS REQUIRED TO PROTECT INFORMATION YOU MAY PROVIDE TO HIM OR HER.
Acceptance Of Terms
By visiting Company, you agree to the terms of this Privacy Policy and our accompanying Terms and Conditions of Use. If you do not agree to this Privacy Policy or the Terms and Conditions of Use (collectively, this “Agreement”), please do not use the Company website.
Information Collection, Use, and Sharing
Company collects information when you visit our Website, complete a registration form, access videos and content on this Website, or use other features on this Website. Some of this information is technical information automatically logged by our servers. We collect information outlined both directly from you and indirectly through the collection of information by third-party service providers that help Company carry out its mission (together, “Partners”).
By using this Website and supplying any information to us, you authorize us to use, store and otherwise process any personal information which relates to and identifies you, including (but not limited to) your name and address, to the extent reasonably necessary to provide you with access to exercise video, images, and instructions or otherwise interact with our Website.
Personally Identifiable Information (“PII”)
For purposes of this Privacy Policy, PII means any information or set of information that identifies or could be used by or on behalf of Company, or any of our Partners to identify a natural or legal person. PII does not include information that is encoded, aggregated, anonymized, or publicly available information that has not been combined with non-public PII.
Examples of different purposes for which we may collect Personal Information include, but are not limited to:
The registration process. You must complete the registration process to access certain features of the website. During the registration process, a user may provide a first and last name, telephone number, an email address, credit card number, credit card expiration date, credit card security code, billing address, a date of birth, current levels of exercise, current levels of physical ability, and current levels of physical ability.
Email Listservs. In order to be updated on new products, services, and other features that we may offer, you must sign up to be on our listserv. You may affirmatively sign up for the listservs by providing your first and last name as well as your email address. You may unsubscribe from any of our listservs by (1) clicking on the “Unsubscribe” link at the bottom of each email and following the directions that pop up or (2) emailing us at hetal@performanceabove.com that you wish to unsubscribe from our email listservs.
Other Information
In addition to the PII that we collect, we and our Partners may collect additional information that does not personally identify you (“Other Information”). Other Information does not include any PII. Other Information may include information collected from:
Cookies
We use “cookies” on this Website. A cookie is a piece of data stored on a website visitor’s hard drive to help us improve your access to our Website and identify repeat visitors to our Website. Cookies also enable us to better understand our users and how they interact with this Website in order to enhance their experience on our Website. We do not share or disclose any cookies information with third parties.
You may be able to disable cookies and/or other locally stored cookies by disabling them in your browser or on your device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Website may not function properly.
Additional Technical Information. Company tracks the following information about individuals who access the website: IP addresses, the Internet service provider used, the browser type, any referring and exit websites and related URLs, the date and time of each visit, the amount of time spent on particular pages or sections of the Website, the number of links clicked on while on the Website, any search terms used while on the website, general geographic location, and technical information about users’ mobile device, if applicable. We use this information to better understand our users and how they interact with this Website in order to enhance users’ experiences our Website. We do not share or disclose any additional information with third parties.
Do Not Track Signals. Company does not respond to web browser “do not track” signals or other mechanisms that permits an individual to exercise choice regarding the collection of PII and other personal information about that individual’s activities over time and across third-party websites and online services.
Company shares PII and Other Information with our Partners to the extent necessary for such Partners to perform certain tasks on our behalf.
As Company develops, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the PII and Other Information may be part of the transferred assets.
To the extent permitted by law, we may also disclose the PII and the Other Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of Company or others.
Partners
Square and Cardconnect/Cardpointe (“Credit Card Processor”). We contract with the Credit Card Processor to process all credit card information on our Website. Credit Card Processor only has access to PII that we collect as necessary to perform its functions and to the extent permitted by law. The Credit Card Processor complies with the Payment Card Industry Data Security Standards. We may change the Credit Card Processor at any time, in our sole discretion, provided such new credit card processor complies with the Payment Card Industry Data Security Standards.
Accessing and Modifying Information and Communication Preferences
Upon request, Company will grant individuals reasonable access to PII that we hold about them. For example, users who have provided PII to us may review and/or make changes to the same by contacting Company as described in the “How to Contact Us” section below. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.
Security
We take commercially reasonable steps to protect PII and Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Wherever we collect PII, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Website.
Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Website may not be secure, and you should, therefore, take special care in deciding what information you send to us via e-mail.
Records
Company takes commercially reasonable steps to dispose of user’s records containing PII that are within Company’s custody when such records are no longer required. These steps may include shredding, erasing, or otherwise modifying the PII in those records to make it unreadable or undecipherable through any means.
Links
This Website may contain links to third-party websites. Company has no control over the content or privacy practices of those websites. Therefore, Company is not responsible for the content or privacy practices of those websites. We encourage our users to be aware when they leave our Website and to read the privacy statements of any other website that you may visit.
Children
We do not knowingly collect PII from children under the age of 13 through our Website. IF YOU ARE UNDER 13 YEARS OLD, PLEASE DO NOT GIVE US ANY PERSONAL IDENTIFIABLE INFORMATION. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide PII through any website without the permission of a parent or guardian. If you have reason to believe that a child under the age of 13 has provided PII to us, please contact us, and we will endeavor to delete that information from our databases.
Third Party Marketing
It is Company’s policy not to disclose any PII that we collect to third parties for direct marketing purposes under any circumstances. However, certain States within the United States require that such State’s residents be afforded the option to exercise a choice of whether your PII may be shared with third parties for direct marketing purposes or not, as well as to receive information specified in the statute if your PII is disclosed to third parties for direct marketing purposes. Accordingly, if you are a resident of a State that provides such obligations, and you wish to inform Company whether you permit or refuse the sharing of your PII with third parties for direct marketing purposes, or if you wish to request certain information if your PII was to be disclosed to third parties for direct marketing purposes, please contact us as described in the “How to Contact Us” section below.
Changes to This Privacy Policy
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Modifications shall become effective immediately upon being posted on this Website. Please be aware that, to the extent permitted by applicable law, our use of the PII and Other Information is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to this Privacy Policy on a regular basis.
How to Contact Us
If you have questions about this Privacy Policy or feel that we are not abiding by this Privacy Policy, please contact Company via:
e-mail at hetal@performanceabove.com with “PRIVACY POLICY” in the subject line; or
postal mail to: Privacy Administrator, PerformanceAbove, LLC, 920 Houndslake Dr, Aiken, SC 29803
Our intent is to promptly reply to every message we receive. This information is used to respond directly to your questions or comments. We also may file your comments to improve our services in the future.