The athletepro.app website located at https://athletepro.app is a copyrighted work belonging to Athlete Pro
Junior. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be
posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY
LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority
and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU
DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also
limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of
the Terms Of Use Generator.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable,
limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following
restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse
engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive
website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to functionality of the Site shall be subject to these
Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved
that Company will not be held liable to you or any third-party for any change, interruption, or termination of
the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with
any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights,
including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company
or Company's suppliers. Note that these Terms and access to the Site do not give you any rights, title or
interest in or to any intellectual property rights, except for the limited access rights expressed in Section
2.1. Company and its suppliers reserve all rights not granted in these Terms.
User Content
User Content. "User Content" means any and all information and content that a user submits to
the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your
User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may
not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by
Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company
is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time
without prior notice to you. You are solely responsible for making your own backup copies of your User Content
if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works,
and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for
the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and
assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that
violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any
way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third
party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended
to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or
data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on
servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi)
harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated
agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or
queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you
in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or
otherwise create liability for us or any other person. Such action may include removing or modifying your User
Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement
authorities.
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all
rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and
related information in any manner it believes appropriate. Company will treat any Feedback you provide to
Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and
attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the
Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User
Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle
any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of
any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services,
and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of
Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant,
or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at
your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of
the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's
privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or
damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we
are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and
assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has
arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are
a California resident, you hereby waive California civil code section 1542 in connection with the foregoing,
which states: "a general release does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, athletepro.app uses ‘cookies'. These cookies
are used to store information including visitors' preferences, and the pages on the website that the visitor
accessed or visited. The information is used to optimize the users' experience by customizing our web page
content based on visitors' browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party vendor on our site. It also
uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com
and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the
Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners. Some of advertisers on our site may use cookies and web beacons. Our
advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their
policies on user data. For easier access, we hyperlinked to their Privacy Policies below.
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim
any and all warranties and conditions of any kind, whether express, implied, or statutory, including all
warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy,
or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be
available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of
viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect
to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to
you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation
may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any
third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect,
consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or
your use of, or incapability to use the site even if company has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible
for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our
liability to you for any damages arising from or related to this agreement, will at all times be limited to a
maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You
agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and
effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any
reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination
of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Account may involve deletion of your User Content associated with
your Account from our live databases. Company will not have any liability whatsoever to you for any termination
of your rights under these Terms. Even after your rights under these Terms are terminated, the following
provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site do the same. In
connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for
the removal of any infringing materials and for the termination of users of our online Site who are repeated
infringers of intellectual property rights, including copyrights. If you believe that one of our users is,
through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly
infringing material removed, the following information in the form of a written notification (pursuant to 17
U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to
remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by
the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any damages, costs and attorney's
fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by
sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your most current e-mail address. In the event
that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to
these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These
changes will be effective immediately for new users of our Site. Continued use of our Site following notice of
such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company
and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms
or the use of any product or service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration
Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration
Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors
in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration,
the party must first send to the other party a written Notice of Dispute describing the nature and basis of the
claim or dispute, and the requested relief. A Notice to the Company should be sent to: 245 Fairview Mall Dr,
North York, ON M2J 4T1, Canada. After the Notice is received, you and the Company may attempt to resolve the
claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement
offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the
amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association, an established alternative dispute resolution provider that offers arbitration as set forth in this
section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in
conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at
adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral
arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the
party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United
States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give
the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you
an award that is greater than the last settlement offer that the Company made to you prior to the initiation of
arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own
costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the
ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is
elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the
specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules
for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights
and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of
all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing the essential findings and
conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual
basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and
the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO
TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited,
more efficient and less expensive than rules applicable in a court and are subject to very limited review by a
court. In the event any litigation should arise between you and the Company in any state or federal court in a
suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this
arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and
claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of
any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.
The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not
prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to
enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be
invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no
force and effect and shall be severed and the remainder of the Agreement shall continue in full force and
effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect
any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an
individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable
relief before a state or federal court in order to maintain the status quo pending arbitration. A request for
interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration
Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent,
copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the
parties hereby agree to submit to the personal jurisdiction of the courts located within ca County, California,
for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other
countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation of the United States export laws or
regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints
to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer
Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means,
whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with
you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic
form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications
that Company provides to you electronically satisfy any legal obligation that such communications would satisfy
if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use
of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a
waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal
or contractual effect. The word "including" means "including without limitation". If any provision of these
Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the
invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum
extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party
is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any
attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon
assignees.
Address: 245 Fairview Mall Dr, North York, ON M2J 4T1, Canada
Email: info@athletepro.app
PRIVACY POLICY
Last updated April 01, 2024
This privacy notice
for Athlete Pro Junoir inc. ("we," "us," or
"our"), describes how and why we might collect, store, use, and/or share ("process"
) your information when you use our services (
"Services"), such as when
you:
Visit our website
at http://www.athletepro.app, or any website of ours that links to this privacy
notice
Download and use
our mobile application (Athlete Pro Junior), or any other application of ours that links to this privacy
notice
Engage with us in
other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will
help you understand your privacy rights and choices. If you do not agree with our policies and
practices, please do not use our Services. If you still have any
questions or concerns, please contact us at privacy@athletepro.app
.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but
you can find out more details about any of these topics by clicking the link following each key point
or by using our table of
contents below to find the section you are looking
for.
What
personal information do we process? When you visit, use, or navigate our Services, we may
process personal information depending on how you interact with us and the Services, the choices you make,
and the products and features you use. Learn more about personal information you disclose to us.
Do we
process any sensitive personal information?We may process sensitive personal information when necessary with your
consent or as otherwise permitted by applicable law. Learn more about
sensitive information
we process.
Do we
receive any information from third parties?We do not receive any information from third parties.
How do
we process your information? We process your information to provide, improve, and administer
our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also
process your information for other purposes with your consent. We process your information only when we
have a valid legal reason to do so. Learn more about how we process your information.
In
what situations and with which parties do we share personal
information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal
information.
How do
we keep your information safe? We have organizational and technical processes and procedures in place to protect
your personal information. However, no electronic transmission over the internet or information storage
technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers,
cybercriminals, or other unauthorized third parties will not be able to defeat our security and
improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.
What
are your rights? Depending on where you are located geographically, the applicable privacy law
may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do
you exercise your rights? The easiest way to exercise your rights is by visiting request@athletepro.app, or by contacting us. We will consider and act upon any request in
accordance with applicable data protection laws.
In
Short:We collect personal information
that you provide to us.
We collect personal
information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about
us or our products and Services, when you participate in activities on the Services, or otherwise when
you contact us.
Personal
Information Provided by You. The personal information that we collect depends on the context
of your interactions with us and the Services, the choices you make, and the products and features you
use. The personal information we collect may include the following:
names
phone numbers
email addresses
mailing addresses
usernames
passwords
contact preferences
contact or authentication data
billing addresses
debit/credit card numbers
Sensitive Information.When necessary, with your consent or as otherwise permitted by
applicable law, we process the following categories of sensitive information:
health data
genetic data
biometric data
information revealing race or ethnic origin
Social Media
Login Data. We may provide you with the option to register with us using your existing social
media account details, like your Facebook, Twitter, or other social media account. If you choose to
register in this way, we will collect the information described in the section called "HOW DO WE
HANDLE YOUR SOCIAL LOGINS?" below.
Application Data. If you use our application(s), we also may
collect the following information if you choose to provide us with access or permission:
Geolocation Information. We may request access or permission to track
location-based information from your mobile device, either continuously or while you are using our
mobile application(s), to provide certain location-based services. If you wish to change our access or
permissions, you may do so in your device's settings.
Mobile Device Access. We may request access or permission to
certain features from your mobile device, including your mobile device's calendar, camera, microphone, reminders, sms messages, and other features. If
you wish to change our access or permissions, you may do so in your device's settings.
Mobile Device Data. We automatically collect device information
(such as your mobile device ID, model, and manufacturer), operating system, version information and
system configuration information, device and application identification numbers, browser type and
version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP)
address (or proxy server). If you are using our application(s), we may also collect information about
the phone network associated with your mobile device, your mobile device’s operating system or platform,
the type of mobile device you use, your mobile device’s unique device ID, and information about the
features of our application(s) you accessed.
Push Notifications. We may request to send you push notifications
regarding your account or certain features of the application(s). If you wish to opt out from receiving
these types of communications, you may turn them off in your device's settings.
This
information is primarily needed to maintain the security and operation of our application(s), for
troubleshooting, and for our internal analytics and reporting purposes.
All personal
information that you provide to us must be true, complete, and accurate, and you must notify us of any
changes to such personal information.
Information automatically collected
In
Short:Some information — such as your
Internet Protocol (IP) address and/or browser and device characteristics — is collected
automatically when you visit our Services.
We automatically
collect certain information when you visit, use, or navigate the Services. This information does not
reveal your specific identity (like your name or contact information) but may include device and usage
information, such as your IP address, browser and device characteristics, operating system, language
preferences, referring URLs, device name, country, location, information about how and when you use our
Services, and other technical information. This information is primarily needed to maintain the security
and operation of our Services, and for our internal analytics and reporting
purposes.
Like many businesses,
we also collect information through cookies and similar technologies.
The information we
collect includes:
Log and Usage
Data. Log and usage data is service-related, diagnostic, usage, and performance information our
servers automatically collect when you access or use our Services and which we record in log files.
Depending on how you interact with us, this log data may include your IP address, device information,
browser type, and settings and information about your activity in the Services(such as the date/time stamps associated with your usage, pages and
files viewed, searches, and other actions you take such as which features you use), device event
information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
Device
Data. We collect device data such as information about your computer, phone, tablet, or other
device you use to access the Services. Depending on the device used, this device data may include
information such as your IP address (or proxy server), device and application identification numbers,
location, browser type, hardware model, Internet service provider and/or mobile carrier, operating
system, and system configuration information.
Location
Data. We collect location data such as information about your device's location, which can be
either precise or imprecise. How much information we collect depends on the type and settings of the
device you use to access the Services. For example, we may use GPS and other technologies to collect
geolocation data that tells us your current location (based on your IP address). You can opt out of
allowing us to collect this information either by refusing access to the information or by disabling
your Location setting on your device. However, if you choose to opt out, you may not be able to use
certain aspects of the Services.
2. HOW DO WE PROCESS YOUR
INFORMATION?
In Short: We process your
information to provide, improve, and administer our Services, communicate with you, for
security and fraud prevention, and to comply with law. We may also process your information
for other purposes with your consent.
We process
your personal information for a variety of reasons, depending on how you interact with our Services,
including:
To
facilitate account creation and authentication and otherwise manage user accounts. We may
process your information so you can create and log in to your account, as well as keep your account in
working order.
To request
feedback. We may process your information when necessary to request
feedback and to contact you about your use of our Services.
To send you marketing and promotional
communications. We may process the personal information you send to us
for our marketing purposes, if this is in accordance with your marketing
preferences. You can opt out of our marketing emails at any time. For more
information, see "WHAT ARE YOUR PRIVACY
RIGHTS?"
below.
To deliver
targeted advertising to you. We may process your information to develop
and display personalized content and advertising tailored to your
interests, location, and more.
To protect
our Services. We may process your information as part of our efforts
to keep our Services safe and secure, including fraud monitoring and
prevention.
To
identify usage trends. We may process information about how you
use our Services to better understand how they are being used so we can
improve them.
To
determine the effectiveness of our marketing and promotional
campaigns. We may process your information to better
understand how to provide marketing and promotional campaigns that are
most relevant to you.
To
save or protect an individual's vital interest. We may
process your information when necessary to save or protect an
individual’s vital interest, such as to prevent harm.
3. WHAT
LEGAL BASES DO WE RELY ON TO PROCESS YOUR
INFORMATION?
In Short: We only
process your personal information when we believe it is necessary and
we have a valid legal reason (i.e.,
legal basis) to do so
under applicable law, like with your consent, to comply with laws, to
provide you with services to enter into or fulfill our contractual
obligations, to protect your rights, or to fulfill our legitimate business
interests.
If you are located in the EU
or UK, this section applies to
you.
The General Data Protection Regulation
(GDPR) and UK GDPR require us to explain the valid legal bases we rely
on in order to process your personal information. As such, we may rely
on the following legal bases to process your personal
information:
Consent. We may process
your information if you have given us permission (i.e., consent) to use your
personal information for a specific purpose. You can withdraw your
consent at any time. Learn more about withdrawing your
consent.
Legitimate Interests. We
may process your information when we believe it is reasonably
necessary to achieve our legitimate business interests and those
interests do not outweigh your interests and fundamental rights and
freedoms. For example, we may process your personal information for
some of the purposes described in order to:
Send
users information about special offers and discounts on our products
and services
Develop
and display personalized and relevant advertising
content for our users
Analyze how our Services are
used so we can improve them to engage and retain users
Understand how our users use our products
and services so we can improve user experience
Legal Obligations. We may
process your information where we believe it is necessary for
compliance with our legal obligations, such as to cooperate with a
law enforcement body or regulatory agency, exercise or defend our
legal rights, or disclose your information as evidence in litigation
in which we are involved.
Vital Interests. We may
process your information where we believe it is necessary to protect
your vital interests or the vital interests of a third party, such
as situations involving potential threats to the safety of any
person.
If you are located in Canada,
this section applies to you.
We may process your information if you have
given us specific permission (i.e.,
express consent) to use
your personal information for a specific purpose, or in situations
where your permission can be inferred (i.e., implied consent). You
can withdraw your
consent at any time.
In some exceptional cases, we may be legally
permitted under applicable law to process your information without
your consent, including, for example:
If
collection is clearly in the interests of an individual and consent
cannot be obtained in a timely way
For
investigations and fraud detection and prevention
For
business transactions provided certain conditions are
met
If it is
contained in a witness statement and the collection is necessary to
assess, process, or settle an insurance claim
For
identifying injured, ill, or deceased persons and communicating with
next of kin
If we
have reasonable grounds to believe an individual has been, is, or
may be victim of financial abuse
If it is
reasonable to expect collection and use with consent would
compromise the availability or the accuracy of the information and
the collection is reasonable for purposes related to investigating a
breach of an agreement or a contravention of the laws of Canada or a
province
If
disclosure is required to comply with a subpoena, warrant, court
order, or rules of the court relating to the production of records
If it was
produced by an individual in the course of their employment,
business, or profession and the collection is consistent with the
purposes for which the information was produced
If the
collection is solely for journalistic, artistic, or literary
purposes
If the
information is publicly available and is specified by the
regulations
4. WHEN AND WITH WHOM DO WE
SHARE YOUR PERSONAL
INFORMATION?
In
Short: We may share information in specific
situations described in this section and/or with the following
third
parties.
We
may need to share your personal information in the following
situations:
Business Transfers.
We may share or transfer your information in connection with, or
during negotiations of, any merger, sale of company assets,
financing, or acquisition of all or a portion of our business to
another company.
When we use Google Maps
Platform APIs. We may share your information with
certain Google Maps Platform APIs (e.g., Google Maps API,
Places API). We obtain and store on your
device ("cache") your location. You may revoke your consent
anytime by contacting us at the contact details provided at the
end of this document.
Offer Wall. Our
application(s) may display a third-party hosted "offer wall." Such an offer
wall allows third-party advertisers to offer virtual
currency, gifts, or other items to users in return for the
acceptance and completion of an advertisement offer. Such an
offer wall may appear in our application(s) and be displayed
to you based on certain data, such as your geographic area
or demographic information. When you click on an offer wall,
you will be brought to an external website belonging to
other persons and will leave our application(s). A unique
identifier, such as your user ID, will be shared with the
offer wall provider in order to prevent fraud and properly
credit your account with the relevant reward.
5. WHAT IS OUR STANCE ON
THIRD-PARTY WEBSITES?
In
Short: We are not responsible for the
safety of any information that you share with third parties
that we may link to or who advertise on our Services, but
are not affiliated with, our Services.
The Services, including our offer wall,
may link to
third-party websites, online services, or mobile applications
and/or contain advertisements from third parties that are not
affiliated with us and which may link to other websites,
services, or applications. Accordingly, we do not make any
guarantee regarding any such third parties, and we will not be
liable for any loss or damage caused by the use of such
third-party websites, services, or applications. The inclusion
of a link towards a third-party website, service, or
application does not imply an endorsement by us. We cannot
guarantee the safety and privacy of data you provide to any
third parties. Any data collected by third parties is not
covered by this privacy notice. We are not responsible for the
content or privacy and security practices and policies of any
third parties, including other websites, services, or
applications that may be linked to or from the Services. You
should review the policies of such third parties and contact
them directly to respond to your questions.
6. DO WE USE COOKIES
AND OTHER TRACKING
TECHNOLOGIES?
In
Short: We may use cookies and other
tracking technologies to collect and store your
information.
We may use cookies and similar
tracking technologies (like web beacons and pixels) to
access or store information. Specific information about how
we use such technologies and how you can refuse certain
cookies is set out in our Cookie Notice.
7. HOW DO WE HANDLE
YOUR SOCIAL
LOGINS?
In
Short: If you choose to register or
log in to our Services using a social media account, we
may have access to certain information about
you.
Our Services offer you the
ability to register and log in using your third-party social
media account details (like your Facebook or Twitter
logins). Where you choose to do this, we will receive
certain profile information about you from your social media
provider. The profile information we receive may vary
depending on the social media provider concerned, but will
often include your name, email address, friends list, and
profile picture, as well as other information you choose to
make public on such a social media platform.
We will use the information we
receive only for the purposes that are described in this
privacy notice or that are otherwise made clear to you on
the relevant Services. Please note that we do not control,
and are not responsible for, other uses of your personal
information by your third-party social media provider. We
recommend that you review their privacy notice to understand
how they collect, use, and share your personal information,
and how you can set your privacy preferences on their sites
and apps.
8. IS YOUR INFORMATION
TRANSFERRED
INTERNATIONALLY?
In
Short: We may transfer, store, and
process your information in countries other than your
own.
Our servers are located
inCanada. If you are accessing
our Services from outsideCanada, please be aware that
your information may be transferred to, stored, and
processed by us in our facilities and by those third
parties with whom we may share your personal
information (see "
WHEN AND WITH WHOM DO
WE SHARE YOUR PERSONAL
INFORMATION?" above), in
Canada, and other
countries.
If you are a resident in the
European Economic Area (EEA), United Kingdom (UK), or
Switzerland, then these countries may not necessarily have
data protection laws or other similar laws as comprehensive
as those in your country. However, we will take all
necessary measures to protect your personal information in
accordance with this privacy notice and applicable law.
European Commission's Standard
Contractual Clauses:
We have implemented measures
to protect your personal information, including by using the
European Commission's Standard Contractual Clauses for
transfers of personal information between our group
companies and between us and our third-party providers.
These clauses require all recipients to protect all personal
information that they process originating from the EEA or UK
in accordance with European data protection laws and
regulations.Our Standard Contractual Clauses
can be provided upon request.We have implemented similar
appropriate safeguards with our third-party service
providers and partners and further details can be provided
upon request.
9. HOW LONG DO WE KEEP
YOUR
INFORMATION?
In
Short: We keep your information for as
long as necessary to
fulfill the
purposes outlined in this privacy notice unless otherwise
required by law.
We will only keep your
personal information for as long as it is necessary for the
purposes set out in this privacy notice, unless a longer
retention period is required or permitted by law (such as
tax, accounting, or other legal requirements). No purpose in this notice
will require us keeping your personal information for longer
than three (3) months past the start
of the idle period of the user's account.
When we have no ongoing
legitimate business need to process your personal
information, we will either delete or anonymize such
information, or, if this is not possible (for example,
because your personal information has been stored in backup
archives), then we will securely store your personal
information and isolate it from any further processing until
deletion is possible.
10. HOW DO WE KEEP
YOUR INFORMATION
SAFE?
In
Short: We aim to protect your personal
information through a system of organizational and technical
security measures.
We have implemented
appropriate and reasonable technical and organizational security
measures designed to protect the security of any personal
information we process. However, despite our safeguards and
efforts to secure your information, no electronic
transmission over the Internet or information storage
technology can be guaranteed to be 100% secure, so we cannot
promise or guarantee that hackers, cybercriminals, or other
unauthorized third parties
will not be able to defeat our security and improperly
collect, access, steal, or modify your information. Although
we will do our best to protect your personal information,
transmission of personal information to and from our
Services is at your own risk. You should only access the
Services within a secure environment.
11. WHAT ARE YOUR
PRIVACY
RIGHTS?
In
Short:In some regions, such as
the European Economic
Area (EEA), United Kingdom (UK), Switzerland, and Canada
, you have rights that
allow you greater access to and control over your personal
information.You may review, change,
or terminate your account at any time.
In some regions (like the EEA, UK, Switzerland,
and Canada), you have
certain rights under applicable data protection laws. These
may include the right (i) to request access and obtain a
copy of your personal information, (ii) to request
rectification or erasure; (iii) to restrict the processing
of your personal information; (iv) if applicable, to data
portability; and (v) not to be subject to automated
decision-making. In certain circumstances, you may also have
the right to object to the processing of your personal
information. You can make such a request by contacting us by
using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT
THIS NOTICE?" below.
We will consider and act upon
any request in accordance with applicable data protection
laws.
Withdrawing your
consent: If we are relying on your consent
to process your personal information, which may be express and/or
implied consent depending on the applicable law, you have the
right to withdraw your consent at any time. You can withdraw
your consent at any time by contacting us by using the
contact details provided in the section "HOW CAN YOU CONTACT US ABOUT
THIS NOTICE?" below or updating your
preferences.
However, please note that this
will not affect the lawfulness of the processing before its
withdrawal nor, when
applicable law allows, will it affect the processing of your personal
information conducted in reliance on lawful processing grounds
other than consent.
Opting out of
marketing and promotional
communications:You
can unsubscribe from our marketing and promotional
communications at any time by clicking on the unsubscribe link in the emails that we
send, replying "STOP" or "UNSUBSCRIBE" to the SMS
messages that we send, or by contacting us using
the details provided in the section "HOW CAN YOU CONTACT US ABOUT
THIS NOTICE?" below. You will
then be removed from the marketing lists. However, we may
still communicate with you — for example, to send you
service-related messages that are necessary for the
administration and use of your account, to respond to service
requests, or for other non-marketing purposes.
Account
Information
If
you would at any time like to review or change the information
in your account or terminate your account, you can:
Log in to your account settings and
update your user account.
Upon your request to terminate
your account, we will deactivate or delete your account and
information from our active databases. However, we may retain
some information in our files to prevent fraud, troubleshoot
problems, assist with any investigations, enforce our legal
terms and/or comply with applicable legal
requirements.
Cookies and similar
technologies: Most Web browsers are set to
accept cookies by default. If you prefer, you can usually
choose to set your browser to remove cookies and to reject
cookies. If you choose to remove cookies or reject cookies,
this could affect certain features or services of our
Services. You may also
opt
out of interest-based advertising by
advertisers on our
Services.
If
you have questions or comments about your privacy rights, you
may email us at privacy@athletepro.app
.
12. CONTROLS FOR
DO-NOT-TRACK
FEATURES
Most web browsers and some
mobile operating systems and mobile applications include a
Do-Not-Track ("DNT") feature or
setting you can activate to signal your privacy preference
not to have data about your online browsing activities
monitored and collected. At this stage no uniform technology
standard for recognizing
and
implementing DNT signals has been finalized. As such, we do
not currently respond to DNT browser signals or any other
mechanism that automatically communicates your choice not to
be tracked online. If a standard for online tracking is
adopted that we must follow in the future, we will inform
you about that practice in a revised version of this privacy
notice.
13. DO UNITED STATES
RESIDENTS HAVE SPECIFIC PRIVACY
RIGHTS?
In
Short: If you are a resident of California, Colorado, Connecticut, Utah or Virginia, you are granted
specific rights regarding access to your personal
information.
What categories of
personal information do we
collect?
We have collected the
following categories of personal information in the past
twelve (12) months:
Category
Examples
Collected
A.
Identifiers
Contact details, such
as real name, alias, postal address, telephone or
mobile contact number, unique personal identifier,
online identifier, Internet Protocol address, email
address, and account name
B. Personal
information as defined in the California Customer
Records statute
Name, contact
information, education, employment, employment
history, and financial
information
C. Protected
classification characteristics under state or
federal law
Gender and date of
birth
D. Commercial information
Transaction
information, purchase history, financial details,
and payment information
E. Biometric information
Fingerprints and
voiceprints
F. Internet or other
similar network activity
Browsing history,
search history, online behavior,
interest data, and interactions with our and other
websites, applications, systems, and
advertisements
G. Geolocation data
Device
location
H. Audio, electronic,
visual, thermal, olfactory, or similar information
Images and audio,
video or call recordings created in connection with
our business activities
I. Professional or
employment-related information
Business contact
details in order to provide you our Services at a
business level or job title, work history, and
professional qualifications if you apply for a job
with us
J. Education Information
Student records and
directory information
K. Inferences drawn from
collected personal information
Inferences drawn from
any of the collected personal information listed
above to create a profile or summary about, for
example, an individual’s preferences and
characteristics
NO
L. Sensitive personal
Information
Account login information, health data, genetic data, personal data from a known child and precise geolocation
YES
We will use and retain the
collected personal information as needed to provide the Services
or for:
Category
L - As long as the user
has an account with us
Category L
information may be used, or disclosed
to a service provider or contractor,
for additional, specified purposes.
You have the right to limit the use or
disclosure of your sensitive personal
information.
We may
also collect other personal
information outside of these
categories through instances where you
interact with us in person, online, or
by phone or mail in the context
of:
Receiving
help through our customer support
channels;
Participation
in customer surveys or contests;
and
Facilitation
in the delivery of our Services and
to respond to your
inquiries.
How
do we use and share your personal
information?
We may
disclose your personal information
with our service providers pursuant to
a written contract between us and each
service provider. Learn more about how
we disclose personal information to in
the section, "WHEN
AND WITH WHOM DO WE SHARE YOUR
PERSONAL
INFORMATION?"
We may
use your personal information for our
own business purposes, such as for
undertaking internal research for
technological development and
demonstration. This is not considered
to be "selling" of your personal
information.
California
Residents
California Civil
Code Section 1798.83, also known as the
"Shine
The Light" law permits our users who are
California residents to request and obtain
from us, once a year and free of charge,
information about categories of personal
information (if any) we disclosed to third
parties for direct marketing purposes and
the names and addresses of all third
parties with which we shared personal
information in the immediately preceding
calendar year. If you are a California
resident and would like to make such a
request, please submit your request in
writing to us using the contact
information provided below.
If you are under
18 years of age, reside in California, and
have a registered account with the
Services, you have the right to request
removal of unwanted data that you publicly
post on the Services. To request removal
of such data, please contact us using the
contact information provided below and
include the email address associated with
your account and a statement that you
reside in California. We will make sure
the data is not publicly displayed on the
Services, but please be aware that the
data may not be completely or
comprehensively removed from all our
systems (e.g., backups, etc.).
CCPA
Privacy
Notice
This
section applies only to California
residents. Under the California Consumer
Privacy Act (CCPA), you have the rights
listed below.
The
California Code of Regulations defines a
"residents" as:
(1) every
individual who is in the State of
California for other than a temporary or
transitory purpose and
(2) every
individual who is domiciled in the State
of California who is outside the State
of California for a temporary or
transitory purpose
All other
individuals are defined as
"non-residents."
If this
definition of
"resident" applies to you, we must adhere to
certain rights and obligations regarding
your personal information.
Your
rights with respect to your personal
data
Right
to request deletion of the data —
Request to
delete
You can
ask for the deletion of your personal
information. If you ask us to delete
your personal information, we will
respect your request and delete your
personal information, subject to
certain exceptions provided by law,
such as (but not limited to) the
exercise by another consumer of his or
her right to free speech, our
compliance requirements resulting from
a legal obligation, or any processing
that may be required to protect
against illegal
activities.
Right
to be informed — Request to
know
Depending
on the circumstances, you have a right
to know:
whether
we collect and use your personal
information;
the
categories of personal information
that we collect;
the
purposes for which the collected
personal information is used;
whether
we sell or share personal
information to third parties;
the
categories of personal information
that we sold, shared, or disclosed
for a business purpose;
the
categories of third parties to whom
the personal information was sold,
shared, or disclosed for a business
purpose;
the
business or commercial purpose for
collecting, selling, or sharing
personal information; and
the
specific pieces of personal information
we collected about you.
In
accordance with applicable law, we are
not obligated to provide or delete
consumer information that is
de-identified in response to a
consumer request or to re-identify
individual data to verify a consumer
request.
Right
to Non-Discrimination for the
Exercise of a Consumer’s Privacy
Rights
We will
not discriminate against you if you
exercise your privacy
rights.
Right to
Limit Use and Disclosure of Sensitive
Personal Information
If the
business collects any of the following:
social
security information, drivers' licenses,
state ID cards, passport numbers
account
login information
credit
card numbers, financial account
information, or credentials allowing
access to such accounts
precise
geolocation
racial or
ethnic origin, religious or
philosophical beliefs, union membership
the
contents of email and text, unless the
business is the intended recipient of
the communication
genetic
data, biometric data, and health data
data
concerning sexual orientation and sex
life
you have the
right to direct that business to limit its
use of your sensitive personal information
to that use which is necessary to perform
the Services.
Once a
business receives your request, they are
no longer allowed to use or disclose your
sensitive personal information for any
other purpose unless you provide consent
for the use or disclosure of sensitive
personal information for additional
purposes.
Please note
that sensitive personal information that
is collected or processed without the
purpose of inferring characteristics about
a consumer is not covered by this right,
as well as the publicly available
information.
To exercise
your right to limit use and disclosure of
sensitive personal information, please
email
privacy@athletepro.app or visit:
request@athletepro.app.
Verification
process
Upon
receiving your request, we will need
to verify your identity to determine
you are the same person about whom we
have the information in our system.
These verification efforts require us
to ask you to provide information so
that we can match it with information
you have previously provided us. For
instance, depending on the type of
request you submit, we may ask you to
provide certain information so that we
can match the information you provide
with the information we already have
on file, or we may contact you through
a communication method (e.g., phone or email) that you have
previously provided to us. We may also
use other verification methods as the
circumstances
dictate.
We will
only use personal information provided
in your request to verify your
identity or authority to make the
request. To the extent possible, we
will avoid requesting additional
information from you for the purposes
of verification. However, if we cannot
verify your identity from the
information already maintained by us,
we may request that you provide
additional information for the
purposes of verifying your identity
and for security or fraud-prevention
purposes. We will delete such
additionally provided information as
soon as we finish verifying
you.
Other
privacy
rights
You
may object to the processing of your
personal information.
You
may request correction of your
personal data if it is incorrect or
no longer relevant, or ask to
restrict the processing of the
information.
You
can designate an
authorized agent to make a request under
the CCPA on your behalf. We may deny
a request from an
authorized agent that does not submit
proof that they have been validly
authorized to act on your behalf in
accordance with the CCPA.
We
will honor your opt-out preferences if
you enact the Global
Privacy Control (GPC)
opt-out signal on your
browser.
To
exercise these rights, you can
contact us by
visiting
request@athletepro.app, by email at
cpp@athletepro.app,
by visiting http://www.athletepro.app/cpp, or by
referring to the contact details at the
bottom of this document. If you have a
complaint about how we handle your data,
we would like to hear from
you.
Financial
Incentives
"Financial incentive" means a program, benefit, or
other offering, including payments
to consumers as compensation, for
the disclosure, deletion, sale, or
sharing of personal information.
The
law permits financial incentives or
a price or service difference if it
is reasonably related to the value
of the consumer’s data. A business
must be able to explain how the
financial incentive or price or
service difference is reasonably
related to the value of the
consumer’s data. The explanation
must include:
a
good-faith estimate of the value
of the consumer’s data that forms
the basis for offering the
financial incentive or price or
service difference; and
a
description of the method the
business used to calculate the
value of the consumer’s data.
We may
decide to offer a financial
incentive (e.g.,
price or service difference)
in exchange for the retention, sale,
or sharing of a consumer’s personal
information.
If we
decide to offer a financial
incentive, we will notify you of
such financial incentive and explain
the price difference, as well as
material terms of the financial
incentive or price of service
difference, including the categories
of personal information that are
implicated by the financial
incentive or price or service
difference.
If you
choose to participate in the
financial incentive you can withdraw
from the financial incentive at any
time by emailing us at
cpp@athletepro.app
, by visiting http://www.athletepro.app/cpp, or by
referring to the contact details at the
bottom of this document.
Colorado
Residents
This
section applies only to Colorado
residents. Under the Colorado Privacy
Act (CPA), you have the rights listed
below. However, these rights are not
absolute, and in certain cases, we may
decline your request as permitted by
law.
Right
to be informed whether or not we are
processing your personal data
Right
to access your personal data
Right
to correct inaccuracies in your
personal data
Right
to request deletion of your personal
data
Right
to obtain a copy of the personal
data you previously shared with
us
Right
to opt out of the processing of your
personal data if it is used for
targeted advertising, the sale of
personal data, or profiling in
furtherance of decisions that
produce legal or similarly
significant effects (
"profiling")
To submit a
request to exercisetheserights
described above, please
email
privacy@athletepro.app orvisit
request@athletepro.app.
If we
decline to take action regarding your
request and you wish to appeal our
decision, please email us at
privacy@athletepro.app. Within
forty-five (45) days of receipt of an
appeal, we will inform you in writing
of any action taken or not taken in
response to the appeal, including a
written explanation of the reasons for
the decisions.
Connecticut
Residents
This
section applies only to Connecticut
residents. Under the Connecticut Data
Privacy Act (CTDPA), you have the
rights listed below. However, these
rights are not absolute, and in
certain cases, we may decline your
request as permitted by law.
Right
to be informed whether or not we are
processing your personal data
Right to
access your personal data
Right
to correct inaccuracies in your
personal data
Right
to request deletion of your personal
data
Right
to obtain a copy of the personal
data you previously shared with
us
Right
to opt out of the processing of your
personal data if it is used for
targeted advertising, the sale of
personal data, or profiling in
furtherance of decisions that
produce legal or similarly
significant effects (
"profiling")
To submit a request to exercise these rights described above, please email privacy@athletepro.app
or visit
request@athletepro.app
.
If we
decline to take action regarding your
request and you wish to appeal our
decision, please email us at
privacy@athletepro.app. Within
sixty (60) days of receipt of an
appeal, we will inform you in writing
of any action taken or not taken in
response to the appeal, including a
written explanation of the reasons for
the decisions.
Utah
Residents
This
section applies only to Utah
residents. Under the Utah Consumer
Privacy Act (UCPA), you have the
rights listed below. However, these
rights are not absolute, and in
certain cases, we may decline your
request as permitted by law.
Right
to be informed whether or not we are
processing your personal data
Right
to access your personal data
Right
to request deletion of your personal
data
Right
to obtain a copy of the personal
data you previously shared with
us
Right
to opt out of the processing of your
personal data if it is used for
targeted advertising or the sale of
personal data
To submit a request to exercise these
rights described above, please
email
privacy@athletepro.app or visit
request@athletepro.app.
Virginia
Residents
Under
the Virginia Consumer Data Protection
Act (VCDPA):
"Consumer" means a natural person who is a
resident of the Commonwealth acting only
in an individual or household context.
It does not include a natural person
acting in a commercial or employment
context.
"Personal data" means any information that is
linked or reasonably linkable to an
identified or identifiable natural
person. "Personal data" does not include de-identified
data or publicly available information.
"Sale of personal data" means the exchange of personal
data for monetary consideration.
If this
definition of
"consumer" applies to you, we must adhere
to certain rights and obligations
regarding your personal
data.
Your
rights with respect to your personal
data
Right
to be informed whether or not we are
processing your personal data
Right
to access your personal data
Right
to correct inaccuracies in your
personal data
Right
to request deletion of your personal
data
Right
to obtain a copy of the personal
data you previously shared with
us
Right
to opt out of the processing of your
personal data if it is used for
targeted advertising, the sale of
personal data, or profiling in
furtherance of decisions that
produce legal or similarly
significant effects (
"profiling")
Exercise
your rights provided under the
Virginia VCDPA
You may
contact us by email at
privacy@athletepro.app or visit
request@athletepro.app.
If you
are using an
authorized agent to exercise your rights,
we may deny a request if the
authorized agent does not submit proof
that they have been validly
authorized to act on your
behalf.
Verification
process
We may
request that you provide additional
information reasonably necessary to
verify you and your consumer's
request. If you submit the request
through an
authorized agent, we may need to collect
additional information to verify your
identity before processing your
request.
Upon
receiving your request, we will
respond without undue delay, but in
all cases, within forty-five (45) days
of receipt. The response period may be
extended once by forty-five (45)
additional days when reasonably
necessary. We will inform you of any
such extension within the initial
45-day response period, together with
the reason for the
extension.
Right
to appeal
If we
decline to take action regarding your
request, we will inform you of our
decision and reasoning behind it. If
you wish to appeal our decision,
please email us at
privacy@athletepro.app. Within
sixty (60) days of receipt of an
appeal, we will inform you in writing
of any action taken or not taken in
response to the appeal, including a
written explanation of the reasons for
the decisions. If your appeal is
denied, you may contact the Attorney
General to submit a
complaint.
14.
DO WE MAKE UPDATES TO THIS
NOTICE?
In
Short: Yes, we will
update this notice as necessary to
stay compliant with relevant
laws.
We may
update this privacy notice from time
to time. The updated version will be
indicated by an updated
"Revised" date and the updated version
will be effective as soon as it is
accessible. If we make material
changes to this privacy notice, we
may notify you either by prominently
posting a notice of such changes or
by directly sending you a
notification. We encourage you to
review this privacy notice
frequently to be informed of how we
are protecting your
information.
15.
HOW CAN YOU CONTACT US ABOUT
THIS
NOTICE?
If you
have questions or comments about
this notice, you may contact our Data
Protection Officer (DPO),
Antonio
Granth, by
email
at
Dpo@athletepro.app, by
phone at
1-437-600-24-24
, or contact
us by post
at:
Athlete Pro Junoir inc.
Antonio
Granth
__________
__________
16.
HOW CAN YOU REVIEW, UPDATE,
OR DELETE THE DATA WE
COLLECT FROM
YOU?
You have the right to request
access to the personal information
we collect from you, change that
information, or delete it. To request to review, update,
or delete your personal information,
please visit:
request@athletepro.app.
Site rules Athlete Pro Junior
Website Terms of Use
Version 1.0
The athletepro.app website located at https://athletepro.app is a copyrighted work belonging to Athlete Pro
Junior. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be
posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY
LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority
and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU
DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also
limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of
the Terms Of Use Generator.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable,
limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following
restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse
engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive
website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to functionality of the Site shall be subject to these
Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved
that Company will not be held liable to you or any third-party for any change, interruption, or termination of
the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with
any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights,
including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company
or Company's suppliers. Note that these Terms and access to the Site do not give you any rights, title or
interest in or to any intellectual property rights, except for the limited access rights expressed in Section
2.1. Company and its suppliers reserve all rights not granted in these Terms.
User Content
User Content. "User Content" means any and all information and content that a user submits to
the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your
User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may
not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by
Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company
is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time
without prior notice to you. You are solely responsible for making your own backup copies of your User Content
if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works,
and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for
the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and
assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that
violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any
way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third
party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended
to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or
data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on
servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi)
harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated
agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or
queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you
in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or
otherwise create liability for us or any other person. Such action may include removing or modifying your User
Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement
authorities.
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all
rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and
related information in any manner it believes appropriate. Company will treat any Feedback you provide to
Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and
attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the
Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User
Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle
any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of
any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services,
and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of
Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant,
or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at
your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of
the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's
privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or
damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we
are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and
assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has
arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are
a California resident, you hereby waive California civil code section 1542 in connection with the foregoing,
which states: "a general release does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, athletepro.app uses ‘cookies'. These cookies
are used to store information including visitors' preferences, and the pages on the website that the visitor
accessed or visited. The information is used to optimize the users' experience by customizing our web page
content based on visitors' browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party vendor on our site. It also
uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com
and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the
Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners. Some of advertisers on our site may use cookies and web beacons. Our
advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their
policies on user data. For easier access, we hyperlinked to their Privacy Policies below.
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim
any and all warranties and conditions of any kind, whether express, implied, or statutory, including all
warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy,
or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be
available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of
viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect
to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to
you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation
may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any
third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect,
consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or
your use of, or incapability to use the site even if company has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible
for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our
liability to you for any damages arising from or related to this agreement, will at all times be limited to a
maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You
agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and
effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any
reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination
of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Account may involve deletion of your User Content associated with
your Account from our live databases. Company will not have any liability whatsoever to you for any termination
of your rights under these Terms. Even after your rights under these Terms are terminated, the following
provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site do the same. In
connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for
the removal of any infringing materials and for the termination of users of our online Site who are repeated
infringers of intellectual property rights, including copyrights. If you believe that one of our users is,
through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly
infringing material removed, the following information in the form of a written notification (pursuant to 17
U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to
remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by
the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any damages, costs and attorney's
fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by
sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your most current e-mail address. In the event
that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to
these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These
changes will be effective immediately for new users of our Site. Continued use of our Site following notice of
such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company
and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms
or the use of any product or service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration
Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration
Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors
in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration,
the party must first send to the other party a written Notice of Dispute describing the nature and basis of the
claim or dispute, and the requested relief. A Notice to the Company should be sent to: 245 Fairview Mall Dr,
North York, ON M2J 4T1, Canada. After the Notice is received, you and the Company may attempt to resolve the
claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement
offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the
amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association, an established alternative dispute resolution provider that offers arbitration as set forth in this
section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in
conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at
adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral
arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the
party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United
States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give
the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you
an award that is greater than the last settlement offer that the Company made to you prior to the initiation of
arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own
costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the
ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is
elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the
specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules
for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights
and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of
all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing the essential findings and
conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual
basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and
the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO
TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited,
more efficient and less expensive than rules applicable in a court and are subject to very limited review by a
court. In the event any litigation should arise between you and the Company in any state or federal court in a
suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this
arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and
claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of
any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.
The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not
prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to
enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be
invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no
force and effect and shall be severed and the remainder of the Agreement shall continue in full force and
effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect
any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an
individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable
relief before a state or federal court in order to maintain the status quo pending arbitration. A request for
interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration
Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent,
copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the
parties hereby agree to submit to the personal jurisdiction of the courts located within ca County, California,
for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other
countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation of the United States export laws or
regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints
to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer
Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means,
whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with
you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic
form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications
that Company provides to you electronically satisfy any legal obligation that such communications would satisfy
if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use
of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a
waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal
or contractual effect. The word "including" means "including without limitation". If any provision of these
Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the
invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum
extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party
is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any
attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon
assignees.
Address: 245 Fairview Mall Dr, North York, ON M2J 4T1, Canada
Email: info@athletepro.app
PRIVACY POLICY
Last updated April 01, 2024
This privacy notice
for Athlete Pro Junoir inc. ("we," "us," or
"our"), describes how and why we might collect, store, use, and/or share ("process"
) your information when you use our services (
"Services"), such as when
you:
Visit our website
at http://www.athletepro.app, or any website of ours that links to this privacy
notice
Download and use
our mobile application (Athlete Pro Junior), or any other application of ours that links to this privacy
notice
Engage with us in
other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will
help you understand your privacy rights and choices. If you do not agree with our policies and
practices, please do not use our Services. If you still have any
questions or concerns, please contact us at privacy@athletepro.app
.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but
you can find out more details about any of these topics by clicking the link following each key point
or by using our table of
contents below to find the section you are looking
for.
What
personal information do we process? When you visit, use, or navigate our Services, we may
process personal information depending on how you interact with us and the Services, the choices you make,
and the products and features you use. Learn more about personal information you disclose to us.
Do we
process any sensitive personal information?We may process sensitive personal information when necessary with your
consent or as otherwise permitted by applicable law. Learn more about
sensitive information
we process.
Do we
receive any information from third parties?We do not receive any information from third parties.
How do
we process your information? We process your information to provide, improve, and administer
our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also
process your information for other purposes with your consent. We process your information only when we
have a valid legal reason to do so. Learn more about how we process your information.
In
what situations and with which parties do we share personal
information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal
information.
How do
we keep your information safe? We have organizational and technical processes and procedures in place to protect
your personal information. However, no electronic transmission over the internet or information storage
technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers,
cybercriminals, or other unauthorized third parties will not be able to defeat our security and
improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.
What
are your rights? Depending on where you are located geographically, the applicable privacy law
may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do
you exercise your rights? The easiest way to exercise your rights is by visiting request@athletepro.app, or by contacting us. We will consider and act upon any request in
accordance with applicable data protection laws.
In
Short:We collect personal information
that you provide to us.
We collect personal
information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about
us or our products and Services, when you participate in activities on the Services, or otherwise when
you contact us.
Personal
Information Provided by You. The personal information that we collect depends on the context
of your interactions with us and the Services, the choices you make, and the products and features you
use. The personal information we collect may include the following:
names
phone numbers
email addresses
mailing addresses
usernames
passwords
contact preferences
contact or authentication data
billing addresses
debit/credit card numbers
Sensitive Information.When necessary, with your consent or as otherwise permitted by
applicable law, we process the following categories of sensitive information:
health data
genetic data
biometric data
information revealing race or ethnic origin
Social Media
Login Data. We may provide you with the option to register with us using your existing social
media account details, like your Facebook, Twitter, or other social media account. If you choose to
register in this way, we will collect the information described in the section called "HOW DO WE
HANDLE YOUR SOCIAL LOGINS?" below.
Application Data. If you use our application(s), we also may
collect the following information if you choose to provide us with access or permission:
Geolocation Information. We may request access or permission to track
location-based information from your mobile device, either continuously or while you are using our
mobile application(s), to provide certain location-based services. If you wish to change our access or
permissions, you may do so in your device's settings.
Mobile Device Access. We may request access or permission to
certain features from your mobile device, including your mobile device's calendar, camera, microphone, reminders, sms messages, and other features. If
you wish to change our access or permissions, you may do so in your device's settings.
Mobile Device Data. We automatically collect device information
(such as your mobile device ID, model, and manufacturer), operating system, version information and
system configuration information, device and application identification numbers, browser type and
version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP)
address (or proxy server). If you are using our application(s), we may also collect information about
the phone network associated with your mobile device, your mobile device’s operating system or platform,
the type of mobile device you use, your mobile device’s unique device ID, and information about the
features of our application(s) you accessed.
Push Notifications. We may request to send you push notifications
regarding your account or certain features of the application(s). If you wish to opt out from receiving
these types of communications, you may turn them off in your device's settings.
This
information is primarily needed to maintain the security and operation of our application(s), for
troubleshooting, and for our internal analytics and reporting purposes.
All personal
information that you provide to us must be true, complete, and accurate, and you must notify us of any
changes to such personal information.
Information automatically collected
In
Short:Some information — such as your
Internet Protocol (IP) address and/or browser and device characteristics — is collected
automatically when you visit our Services.
We automatically
collect certain information when you visit, use, or navigate the Services. This information does not
reveal your specific identity (like your name or contact information) but may include device and usage
information, such as your IP address, browser and device characteristics, operating system, language
preferences, referring URLs, device name, country, location, information about how and when you use our
Services, and other technical information. This information is primarily needed to maintain the security
and operation of our Services, and for our internal analytics and reporting
purposes.
Like many businesses,
we also collect information through cookies and similar technologies.
The information we
collect includes:
Log and Usage
Data. Log and usage data is service-related, diagnostic, usage, and performance information our
servers automatically collect when you access or use our Services and which we record in log files.
Depending on how you interact with us, this log data may include your IP address, device information,
browser type, and settings and information about your activity in the Services(such as the date/time stamps associated with your usage, pages and
files viewed, searches, and other actions you take such as which features you use), device event
information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
Device
Data. We collect device data such as information about your computer, phone, tablet, or other
device you use to access the Services. Depending on the device used, this device data may include
information such as your IP address (or proxy server), device and application identification numbers,
location, browser type, hardware model, Internet service provider and/or mobile carrier, operating
system, and system configuration information.
Location
Data. We collect location data such as information about your device's location, which can be
either precise or imprecise. How much information we collect depends on the type and settings of the
device you use to access the Services. For example, we may use GPS and other technologies to collect
geolocation data that tells us your current location (based on your IP address). You can opt out of
allowing us to collect this information either by refusing access to the information or by disabling
your Location setting on your device. However, if you choose to opt out, you may not be able to use
certain aspects of the Services.
2. HOW DO WE PROCESS YOUR
INFORMATION?
In Short: We process your
information to provide, improve, and administer our Services, communicate with you, for
security and fraud prevention, and to comply with law. We may also process your information
for other purposes with your consent.
We process
your personal information for a variety of reasons, depending on how you interact with our Services,
including:
To
facilitate account creation and authentication and otherwise manage user accounts. We may
process your information so you can create and log in to your account, as well as keep your account in
working order.
To request
feedback. We may process your information when necessary to request
feedback and to contact you about your use of our Services.
To send you marketing and promotional
communications. We may process the personal information you send to us
for our marketing purposes, if this is in accordance with your marketing
preferences. You can opt out of our marketing emails at any time. For more
information, see "WHAT ARE YOUR PRIVACY
RIGHTS?"
below.
To deliver
targeted advertising to you. We may process your information to develop
and display personalized content and advertising tailored to your
interests, location, and more.
To protect
our Services. We may process your information as part of our efforts
to keep our Services safe and secure, including fraud monitoring and
prevention.
To
identify usage trends. We may process information about how you
use our Services to better understand how they are being used so we can
improve them.
To
determine the effectiveness of our marketing and promotional
campaigns. We may process your information to better
understand how to provide marketing and promotional campaigns that are
most relevant to you.
To
save or protect an individual's vital interest. We may
process your information when necessary to save or protect an
individual’s vital interest, such as to prevent harm.
3. WHAT
LEGAL BASES DO WE RELY ON TO PROCESS YOUR
INFORMATION?
In Short: We only
process your personal information when we believe it is necessary and
we have a valid legal reason (i.e.,
legal basis) to do so
under applicable law, like with your consent, to comply with laws, to
provide you with services to enter into or fulfill our contractual
obligations, to protect your rights, or to fulfill our legitimate business
interests.
If you are located in the EU
or UK, this section applies to
you.
The General Data Protection Regulation
(GDPR) and UK GDPR require us to explain the valid legal bases we rely
on in order to process your personal information. As such, we may rely
on the following legal bases to process your personal
information:
Consent. We may process
your information if you have given us permission (i.e., consent) to use your
personal information for a specific purpose. You can withdraw your
consent at any time. Learn more about withdrawing your
consent.
Legitimate Interests. We
may process your information when we believe it is reasonably
necessary to achieve our legitimate business interests and those
interests do not outweigh your interests and fundamental rights and
freedoms. For example, we may process your personal information for
some of the purposes described in order to:
Send
users information about special offers and discounts on our products
and services
Develop
and display personalized and relevant advertising
content for our users
Analyze how our Services are
used so we can improve them to engage and retain users
Understand how our users use our products
and services so we can improve user experience
Legal Obligations. We may
process your information where we believe it is necessary for
compliance with our legal obligations, such as to cooperate with a
law enforcement body or regulatory agency, exercise or defend our
legal rights, or disclose your information as evidence in litigation
in which we are involved.
Vital Interests. We may
process your information where we believe it is necessary to protect
your vital interests or the vital interests of a third party, such
as situations involving potential threats to the safety of any
person.
If you are located in Canada,
this section applies to you.
We may process your information if you have
given us specific permission (i.e.,
express consent) to use
your personal information for a specific purpose, or in situations
where your permission can be inferred (i.e., implied consent). You
can withdraw your
consent at any time.
In some exceptional cases, we may be legally
permitted under applicable law to process your information without
your consent, including, for example:
If
collection is clearly in the interests of an individual and consent
cannot be obtained in a timely way
For
investigations and fraud detection and prevention
For
business transactions provided certain conditions are
met
If it is
contained in a witness statement and the collection is necessary to
assess, process, or settle an insurance claim
For
identifying injured, ill, or deceased persons and communicating with
next of kin
If we
have reasonable grounds to believe an individual has been, is, or
may be victim of financial abuse
If it is
reasonable to expect collection and use with consent would
compromise the availability or the accuracy of the information and
the collection is reasonable for purposes related to investigating a
breach of an agreement or a contravention of the laws of Canada or a
province
If
disclosure is required to comply with a subpoena, warrant, court
order, or rules of the court relating to the production of records
If it was
produced by an individual in the course of their employment,
business, or profession and the collection is consistent with the
purposes for which the information was produced
If the
collection is solely for journalistic, artistic, or literary
purposes
If the
information is publicly available and is specified by the
regulations
4. WHEN AND WITH WHOM DO WE
SHARE YOUR PERSONAL
INFORMATION?
In
Short: We may share information in specific
situations described in this section and/or with the following
third
parties.
We
may need to share your personal information in the following
situations:
Business Transfers.
We may share or transfer your information in connection with, or
during negotiations of, any merger, sale of company assets,
financing, or acquisition of all or a portion of our business to
another company.
When we use Google Maps
Platform APIs. We may share your information with
certain Google Maps Platform APIs (e.g., Google Maps API,
Places API). We obtain and store on your
device ("cache") your location. You may revoke your consent
anytime by contacting us at the contact details provided at the
end of this document.
Offer Wall. Our
application(s) may display a third-party hosted "offer wall." Such an offer
wall allows third-party advertisers to offer virtual
currency, gifts, or other items to users in return for the
acceptance and completion of an advertisement offer. Such an
offer wall may appear in our application(s) and be displayed
to you based on certain data, such as your geographic area
or demographic information. When you click on an offer wall,
you will be brought to an external website belonging to
other persons and will leave our application(s). A unique
identifier, such as your user ID, will be shared with the
offer wall provider in order to prevent fraud and properly
credit your account with the relevant reward.
5. WHAT IS OUR STANCE ON
THIRD-PARTY WEBSITES?
In
Short: We are not responsible for the
safety of any information that you share with third parties
that we may link to or who advertise on our Services, but
are not affiliated with, our Services.
The Services, including our offer wall,
may link to
third-party websites, online services, or mobile applications
and/or contain advertisements from third parties that are not
affiliated with us and which may link to other websites,
services, or applications. Accordingly, we do not make any
guarantee regarding any such third parties, and we will not be
liable for any loss or damage caused by the use of such
third-party websites, services, or applications. The inclusion
of a link towards a third-party website, service, or
application does not imply an endorsement by us. We cannot
guarantee the safety and privacy of data you provide to any
third parties. Any data collected by third parties is not
covered by this privacy notice. We are not responsible for the
content or privacy and security practices and policies of any
third parties, including other websites, services, or
applications that may be linked to or from the Services. You
should review the policies of such third parties and contact
them directly to respond to your questions.
6. DO WE USE COOKIES
AND OTHER TRACKING
TECHNOLOGIES?
In
Short: We may use cookies and other
tracking technologies to collect and store your
information.
We may use cookies and similar
tracking technologies (like web beacons and pixels) to
access or store information. Specific information about how
we use such technologies and how you can refuse certain
cookies is set out in our Cookie Notice.
7. HOW DO WE HANDLE
YOUR SOCIAL
LOGINS?
In
Short: If you choose to register or
log in to our Services using a social media account, we
may have access to certain information about
you.
Our Services offer you the
ability to register and log in using your third-party social
media account details (like your Facebook or Twitter
logins). Where you choose to do this, we will receive
certain profile information about you from your social media
provider. The profile information we receive may vary
depending on the social media provider concerned, but will
often include your name, email address, friends list, and
profile picture, as well as other information you choose to
make public on such a social media platform.
We will use the information we
receive only for the purposes that are described in this
privacy notice or that are otherwise made clear to you on
the relevant Services. Please note that we do not control,
and are not responsible for, other uses of your personal
information by your third-party social media provider. We
recommend that you review their privacy notice to understand
how they collect, use, and share your personal information,
and how you can set your privacy preferences on their sites
and apps.
8. IS YOUR INFORMATION
TRANSFERRED
INTERNATIONALLY?
In
Short: We may transfer, store, and
process your information in countries other than your
own.
Our servers are located
inCanada. If you are accessing
our Services from outsideCanada, please be aware that
your information may be transferred to, stored, and
processed by us in our facilities and by those third
parties with whom we may share your personal
information (see "
WHEN AND WITH WHOM DO
WE SHARE YOUR PERSONAL
INFORMATION?" above), in
Canada, and other
countries.
If you are a resident in the
European Economic Area (EEA), United Kingdom (UK), or
Switzerland, then these countries may not necessarily have
data protection laws or other similar laws as comprehensive
as those in your country. However, we will take all
necessary measures to protect your personal information in
accordance with this privacy notice and applicable law.
European Commission's Standard
Contractual Clauses:
We have implemented measures
to protect your personal information, including by using the
European Commission's Standard Contractual Clauses for
transfers of personal information between our group
companies and between us and our third-party providers.
These clauses require all recipients to protect all personal
information that they process originating from the EEA or UK
in accordance with European data protection laws and
regulations.Our Standard Contractual Clauses
can be provided upon request.We have implemented similar
appropriate safeguards with our third-party service
providers and partners and further details can be provided
upon request.
9. HOW LONG DO WE KEEP
YOUR
INFORMATION?
In
Short: We keep your information for as
long as necessary to
fulfill the
purposes outlined in this privacy notice unless otherwise
required by law.
We will only keep your
personal information for as long as it is necessary for the
purposes set out in this privacy notice, unless a longer
retention period is required or permitted by law (such as
tax, accounting, or other legal requirements). No purpose in this notice
will require us keeping your personal information for longer
than three (3) months past the start
of the idle period of the user's account.
When we have no ongoing
legitimate business need to process your personal
information, we will either delete or anonymize such
information, or, if this is not possible (for example,
because your personal information has been stored in backup
archives), then we will securely store your personal
information and isolate it from any further processing until
deletion is possible.
10. HOW DO WE KEEP
YOUR INFORMATION
SAFE?
In
Short: We aim to protect your personal
information through a system of organizational and technical
security measures.
We have implemented
appropriate and reasonable technical and organizational security
measures designed to protect the security of any personal
information we process. However, despite our safeguards and
efforts to secure your information, no electronic
transmission over the Internet or information storage
technology can be guaranteed to be 100% secure, so we cannot
promise or guarantee that hackers, cybercriminals, or other
unauthorized third parties
will not be able to defeat our security and improperly
collect, access, steal, or modify your information. Although
we will do our best to protect your personal information,
transmission of personal information to and from our
Services is at your own risk. You should only access the
Services within a secure environment.
11. WHAT ARE YOUR
PRIVACY
RIGHTS?
In
Short:In some regions, such as
the European Economic
Area (EEA), United Kingdom (UK), Switzerland, and Canada
, you have rights that
allow you greater access to and control over your personal
information.You may review, change,
or terminate your account at any time.
In some regions (like the EEA, UK, Switzerland,
and Canada), you have
certain rights under applicable data protection laws. These
may include the right (i) to request access and obtain a
copy of your personal information, (ii) to request
rectification or erasure; (iii) to restrict the processing
of your personal information; (iv) if applicable, to data
portability; and (v) not to be subject to automated
decision-making. In certain circumstances, you may also have
the right to object to the processing of your personal
information. You can make such a request by contacting us by
using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT
THIS NOTICE?" below.
We will consider and act upon
any request in accordance with applicable data protection
laws.
Withdrawing your
consent: If we are relying on your consent
to process your personal information, which may be express and/or
implied consent depending on the applicable law, you have the
right to withdraw your consent at any time. You can withdraw
your consent at any time by contacting us by using the
contact details provided in the section "HOW CAN YOU CONTACT US ABOUT
THIS NOTICE?" below or updating your
preferences.
However, please note that this
will not affect the lawfulness of the processing before its
withdrawal nor, when
applicable law allows, will it affect the processing of your personal
information conducted in reliance on lawful processing grounds
other than consent.
Opting out of
marketing and promotional
communications:You
can unsubscribe from our marketing and promotional
communications at any time by clicking on the unsubscribe link in the emails that we
send, replying "STOP" or "UNSUBSCRIBE" to the SMS
messages that we send, or by contacting us using
the details provided in the section "HOW CAN YOU CONTACT US ABOUT
THIS NOTICE?" below. You will
then be removed from the marketing lists. However, we may
still communicate with you — for example, to send you
service-related messages that are necessary for the
administration and use of your account, to respond to service
requests, or for other non-marketing purposes.
Account
Information
If
you would at any time like to review or change the information
in your account or terminate your account, you can:
Log in to your account settings and
update your user account.
Upon your request to terminate
your account, we will deactivate or delete your account and
information from our active databases. However, we may retain
some information in our files to prevent fraud, troubleshoot
problems, assist with any investigations, enforce our legal
terms and/or comply with applicable legal
requirements.
Cookies and similar
technologies: Most Web browsers are set to
accept cookies by default. If you prefer, you can usually
choose to set your browser to remove cookies and to reject
cookies. If you choose to remove cookies or reject cookies,
this could affect certain features or services of our
Services. You may also
opt
out of interest-based advertising by
advertisers on our
Services.
If
you have questions or comments about your privacy rights, you
may email us at privacy@athletepro.app
.
12. CONTROLS FOR
DO-NOT-TRACK
FEATURES
Most web browsers and some
mobile operating systems and mobile applications include a
Do-Not-Track ("DNT") feature or
setting you can activate to signal your privacy preference
not to have data about your online browsing activities
monitored and collected. At this stage no uniform technology
standard for recognizing
and
implementing DNT signals has been finalized. As such, we do
not currently respond to DNT browser signals or any other
mechanism that automatically communicates your choice not to
be tracked online. If a standard for online tracking is
adopted that we must follow in the future, we will inform
you about that practice in a revised version of this privacy
notice.
13. DO UNITED STATES
RESIDENTS HAVE SPECIFIC PRIVACY
RIGHTS?
In
Short: If you are a resident of California, Colorado, Connecticut, Utah or Virginia, you are granted
specific rights regarding access to your personal
information.
What categories of
personal information do we
collect?
We have collected the
following categories of personal information in the past
twelve (12) months:
Category
Examples
Collected
A.
Identifiers
Contact details, such
as real name, alias, postal address, telephone or
mobile contact number, unique personal identifier,
online identifier, Internet Protocol address, email
address, and account name
B. Personal
information as defined in the California Customer
Records statute
Name, contact
information, education, employment, employment
history, and financial
information
C. Protected
classification characteristics under state or
federal law
Gender and date of
birth
D. Commercial information
Transaction
information, purchase history, financial details,
and payment information
E. Biometric information
Fingerprints and
voiceprints
F. Internet or other
similar network activity
Browsing history,
search history, online behavior,
interest data, and interactions with our and other
websites, applications, systems, and
advertisements
G. Geolocation data
Device
location
H. Audio, electronic,
visual, thermal, olfactory, or similar information
Images and audio,
video or call recordings created in connection with
our business activities
I. Professional or
employment-related information
Business contact
details in order to provide you our Services at a
business level or job title, work history, and
professional qualifications if you apply for a job
with us
J. Education Information
Student records and
directory information
K. Inferences drawn from
collected personal information
Inferences drawn from
any of the collected personal information listed
above to create a profile or summary about, for
example, an individual’s preferences and
characteristics
NO
L. Sensitive personal
Information
Account login information, health data, genetic data, personal data from a known child and precise geolocation
YES
We will use and retain the
collected personal information as needed to provide the Services
or for:
Category
L - As long as the user
has an account with us
Category L
information may be used, or disclosed
to a service provider or contractor,
for additional, specified purposes.
You have the right to limit the use or
disclosure of your sensitive personal
information.
We may
also collect other personal
information outside of these
categories through instances where you
interact with us in person, online, or
by phone or mail in the context
of:
Receiving
help through our customer support
channels;
Participation
in customer surveys or contests;
and
Facilitation
in the delivery of our Services and
to respond to your
inquiries.
How
do we use and share your personal
information?
We may
disclose your personal information
with our service providers pursuant to
a written contract between us and each
service provider. Learn more about how
we disclose personal information to in
the section, "WHEN
AND WITH WHOM DO WE SHARE YOUR
PERSONAL
INFORMATION?"
We may
use your personal information for our
own business purposes, such as for
undertaking internal research for
technological development and
demonstration. This is not considered
to be "selling" of your personal
information.
California
Residents
California Civil
Code Section 1798.83, also known as the
"Shine
The Light" law permits our users who are
California residents to request and obtain
from us, once a year and free of charge,
information about categories of personal
information (if any) we disclosed to third
parties for direct marketing purposes and
the names and addresses of all third
parties with which we shared personal
information in the immediately preceding
calendar year. If you are a California
resident and would like to make such a
request, please submit your request in
writing to us using the contact
information provided below.
If you are under
18 years of age, reside in California, and
have a registered account with the
Services, you have the right to request
removal of unwanted data that you publicly
post on the Services. To request removal
of such data, please contact us using the
contact information provided below and
include the email address associated with
your account and a statement that you
reside in California. We will make sure
the data is not publicly displayed on the
Services, but please be aware that the
data may not be completely or
comprehensively removed from all our
systems (e.g., backups, etc.).
CCPA
Privacy
Notice
This
section applies only to California
residents. Under the California Consumer
Privacy Act (CCPA), you have the rights
listed below.
The
California Code of Regulations defines a
"residents" as:
(1) every
individual who is in the State of
California for other than a temporary or
transitory purpose and
(2) every
individual who is domiciled in the State
of California who is outside the State
of California for a temporary or
transitory purpose
All other
individuals are defined as
"non-residents."
If this
definition of
"resident" applies to you, we must adhere to
certain rights and obligations regarding
your personal information.
Your
rights with respect to your personal
data
Right
to request deletion of the data —
Request to
delete
You can
ask for the deletion of your personal
information. If you ask us to delete
your personal information, we will
respect your request and delete your
personal information, subject to
certain exceptions provided by law,
such as (but not limited to) the
exercise by another consumer of his or
her right to free speech, our
compliance requirements resulting from
a legal obligation, or any processing
that may be required to protect
against illegal
activities.
Right
to be informed — Request to
know
Depending
on the circumstances, you have a right
to know:
whether
we collect and use your personal
information;
the
categories of personal information
that we collect;
the
purposes for which the collected
personal information is used;
whether
we sell or share personal
information to third parties;
the
categories of personal information
that we sold, shared, or disclosed
for a business purpose;
the
categories of third parties to whom
the personal information was sold,
shared, or disclosed for a business
purpose;
the
business or commercial purpose for
collecting, selling, or sharing
personal information; and
the
specific pieces of personal information
we collected about you.
In
accordance with applicable law, we are
not obligated to provide or delete
consumer information that is
de-identified in response to a
consumer request or to re-identify
individual data to verify a consumer
request.
Right
to Non-Discrimination for the
Exercise of a Consumer’s Privacy
Rights
We will
not discriminate against you if you
exercise your privacy
rights.
Right to
Limit Use and Disclosure of Sensitive
Personal Information
If the
business collects any of the following:
social
security information, drivers' licenses,
state ID cards, passport numbers
account
login information
credit
card numbers, financial account
information, or credentials allowing
access to such accounts
precise
geolocation
racial or
ethnic origin, religious or
philosophical beliefs, union membership
the
contents of email and text, unless the
business is the intended recipient of
the communication
genetic
data, biometric data, and health data
data
concerning sexual orientation and sex
life
you have the
right to direct that business to limit its
use of your sensitive personal information
to that use which is necessary to perform
the Services.
Once a
business receives your request, they are
no longer allowed to use or disclose your
sensitive personal information for any
other purpose unless you provide consent
for the use or disclosure of sensitive
personal information for additional
purposes.
Please note
that sensitive personal information that
is collected or processed without the
purpose of inferring characteristics about
a consumer is not covered by this right,
as well as the publicly available
information.
To exercise
your right to limit use and disclosure of
sensitive personal information, please
email
privacy@athletepro.app or visit:
request@athletepro.app.
Verification
process
Upon
receiving your request, we will need
to verify your identity to determine
you are the same person about whom we
have the information in our system.
These verification efforts require us
to ask you to provide information so
that we can match it with information
you have previously provided us. For
instance, depending on the type of
request you submit, we may ask you to
provide certain information so that we
can match the information you provide
with the information we already have
on file, or we may contact you through
a communication method (e.g., phone or email) that you have
previously provided to us. We may also
use other verification methods as the
circumstances
dictate.
We will
only use personal information provided
in your request to verify your
identity or authority to make the
request. To the extent possible, we
will avoid requesting additional
information from you for the purposes
of verification. However, if we cannot
verify your identity from the
information already maintained by us,
we may request that you provide
additional information for the
purposes of verifying your identity
and for security or fraud-prevention
purposes. We will delete such
additionally provided information as
soon as we finish verifying
you.
Other
privacy
rights
You
may object to the processing of your
personal information.
You
may request correction of your
personal data if it is incorrect or
no longer relevant, or ask to
restrict the processing of the
information.
You
can designate an
authorized agent to make a request under
the CCPA on your behalf. We may deny
a request from an
authorized agent that does not submit
proof that they have been validly
authorized to act on your behalf in
accordance with the CCPA.
We
will honor your opt-out preferences if
you enact the Global
Privacy Control (GPC)
opt-out signal on your
browser.
To
exercise these rights, you can
contact us by
visiting
request@athletepro.app, by email at
cpp@athletepro.app,
by visiting http://www.athletepro.app/cpp, or by
referring to the contact details at the
bottom of this document. If you have a
complaint about how we handle your data,
we would like to hear from
you.
Financial
Incentives
"Financial incentive" means a program, benefit, or
other offering, including payments
to consumers as compensation, for
the disclosure, deletion, sale, or
sharing of personal information.
The
law permits financial incentives or
a price or service difference if it
is reasonably related to the value
of the consumer’s data. A business
must be able to explain how the
financial incentive or price or
service difference is reasonably
related to the value of the
consumer’s data. The explanation
must include:
a
good-faith estimate of the value
of the consumer’s data that forms
the basis for offering the
financial incentive or price or
service difference; and
a
description of the method the
business used to calculate the
value of the consumer’s data.
We may
decide to offer a financial
incentive (e.g.,
price or service difference)
in exchange for the retention, sale,
or sharing of a consumer’s personal
information.
If we
decide to offer a financial
incentive, we will notify you of
such financial incentive and explain
the price difference, as well as
material terms of the financial
incentive or price of service
difference, including the categories
of personal information that are
implicated by the financial
incentive or price or service
difference.
If you
choose to participate in the
financial incentive you can withdraw
from the financial incentive at any
time by emailing us at
cpp@athletepro.app
, by visiting http://www.athletepro.app/cpp, or by
referring to the contact details at the
bottom of this document.
Colorado
Residents
This
section applies only to Colorado
residents. Under the Colorado Privacy
Act (CPA), you have the rights listed
below. However, these rights are not
absolute, and in certain cases, we may
decline your request as permitted by
law.
Right
to be informed whether or not we are
processing your personal data
Right
to access your personal data
Right
to correct inaccuracies in your
personal data
Right
to request deletion of your personal
data
Right
to obtain a copy of the personal
data you previously shared with
us
Right
to opt out of the processing of your
personal data if it is used for
targeted advertising, the sale of
personal data, or profiling in
furtherance of decisions that
produce legal or similarly
significant effects (
"profiling")
To submit a
request to exercisetheserights
described above, please
email
privacy@athletepro.app orvisit
request@athletepro.app.
If we
decline to take action regarding your
request and you wish to appeal our
decision, please email us at
privacy@athletepro.app. Within
forty-five (45) days of receipt of an
appeal, we will inform you in writing
of any action taken or not taken in
response to the appeal, including a
written explanation of the reasons for
the decisions.
Connecticut
Residents
This
section applies only to Connecticut
residents. Under the Connecticut Data
Privacy Act (CTDPA), you have the
rights listed below. However, these
rights are not absolute, and in
certain cases, we may decline your
request as permitted by law.
Right
to be informed whether or not we are
processing your personal data
Right to
access your personal data
Right
to correct inaccuracies in your
personal data
Right
to request deletion of your personal
data
Right
to obtain a copy of the personal
data you previously shared with
us
Right
to opt out of the processing of your
personal data if it is used for
targeted advertising, the sale of
personal data, or profiling in
furtherance of decisions that
produce legal or similarly
significant effects (
"profiling")
To submit a request to exercise these rights described above, please email privacy@athletepro.app
or visit
request@athletepro.app
.
If we
decline to take action regarding your
request and you wish to appeal our
decision, please email us at
privacy@athletepro.app. Within
sixty (60) days of receipt of an
appeal, we will inform you in writing
of any action taken or not taken in
response to the appeal, including a
written explanation of the reasons for
the decisions.
Utah
Residents
This
section applies only to Utah
residents. Under the Utah Consumer
Privacy Act (UCPA), you have the
rights listed below. However, these
rights are not absolute, and in
certain cases, we may decline your
request as permitted by law.
Right
to be informed whether or not we are
processing your personal data
Right
to access your personal data
Right
to request deletion of your personal
data
Right
to obtain a copy of the personal
data you previously shared with
us
Right
to opt out of the processing of your
personal data if it is used for
targeted advertising or the sale of
personal data
To submit a request to exercise these
rights described above, please
email
privacy@athletepro.app or visit
request@athletepro.app.
Virginia
Residents
Under
the Virginia Consumer Data Protection
Act (VCDPA):
"Consumer" means a natural person who is a
resident of the Commonwealth acting only
in an individual or household context.
It does not include a natural person
acting in a commercial or employment
context.
"Personal data" means any information that is
linked or reasonably linkable to an
identified or identifiable natural
person. "Personal data" does not include de-identified
data or publicly available information.
"Sale of personal data" means the exchange of personal
data for monetary consideration.
If this
definition of
"consumer" applies to you, we must adhere
to certain rights and obligations
regarding your personal
data.
Your
rights with respect to your personal
data
Right
to be informed whether or not we are
processing your personal data
Right
to access your personal data
Right
to correct inaccuracies in your
personal data
Right
to request deletion of your personal
data
Right
to obtain a copy of the personal
data you previously shared with
us
Right
to opt out of the processing of your
personal data if it is used for
targeted advertising, the sale of
personal data, or profiling in
furtherance of decisions that
produce legal or similarly
significant effects (
"profiling")
Exercise
your rights provided under the
Virginia VCDPA
You may
contact us by email at
privacy@athletepro.app or visit
request@athletepro.app.
If you
are using an
authorized agent to exercise your rights,
we may deny a request if the
authorized agent does not submit proof
that they have been validly
authorized to act on your
behalf.
Verification
process
We may
request that you provide additional
information reasonably necessary to
verify you and your consumer's
request. If you submit the request
through an
authorized agent, we may need to collect
additional information to verify your
identity before processing your
request.
Upon
receiving your request, we will
respond without undue delay, but in
all cases, within forty-five (45) days
of receipt. The response period may be
extended once by forty-five (45)
additional days when reasonably
necessary. We will inform you of any
such extension within the initial
45-day response period, together with
the reason for the
extension.
Right
to appeal
If we
decline to take action regarding your
request, we will inform you of our
decision and reasoning behind it. If
you wish to appeal our decision,
please email us at
privacy@athletepro.app. Within
sixty (60) days of receipt of an
appeal, we will inform you in writing
of any action taken or not taken in
response to the appeal, including a
written explanation of the reasons for
the decisions. If your appeal is
denied, you may contact the Attorney
General to submit a
complaint.
14.
DO WE MAKE UPDATES TO THIS
NOTICE?
In
Short: Yes, we will
update this notice as necessary to
stay compliant with relevant
laws.
We may
update this privacy notice from time
to time. The updated version will be
indicated by an updated
"Revised" date and the updated version
will be effective as soon as it is
accessible. If we make material
changes to this privacy notice, we
may notify you either by prominently
posting a notice of such changes or
by directly sending you a
notification. We encourage you to
review this privacy notice
frequently to be informed of how we
are protecting your
information.
15.
HOW CAN YOU CONTACT US ABOUT
THIS
NOTICE?
If you
have questions or comments about
this notice, you may contact our Data
Protection Officer (DPO),
Antonio
Granth, by
email
at
Dpo@athletepro.app, by
phone at
1-437-600-24-24
, or contact
us by post
at:
Athlete Pro Junoir inc.
Antonio
Granth
__________
__________
16.
HOW CAN YOU REVIEW, UPDATE,
OR DELETE THE DATA WE
COLLECT FROM
YOU?
You have the right to request
access to the personal information
we collect from you, change that
information, or delete it. To request to review, update,
or delete your personal information,
please visit:
request@athletepro.app.