Athletic Kinetics, LLC Privacy Policy

  

Last Updated: October 15, 2024 

  

 

  

1. PURPOSE

  

Athletic Kinetics, LLC together with our affiliates ("Athletic Kinetics", "we", or "us") have adopted this Privacy Policy to let you know how we treat the information that we collect from you online and offline, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or correct or change such information. This Privacy Policy supplements and forms a part of the Athletic Kinetics Terms of Service (the "Terms"). Capitalized terms not defined in Section 13 or otherwise in this Privacy Policy have the meaning given to them in the Terms.

  

 

  

2. SCOPE

  

This Privacy Policy applies to Personal Information that is Processed by Athletic Kinetics in the course of our business, including via the Athletic Kinetics Site, and through our, Apps, forums, social media accounts, blogs, and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of Athletic Kinetics, the "Services"). All individuals whose responsibilities include the Processing of Personal Information on behalf of Athletic Kinetics are expected to protect that data by adherence to this Privacy Policy. 

  

Residents of California should be aware that California law affords them certain rights regarding their Personal Information. Residents of California should review the California Privacy Notice that supplements and forms a part of this Privacy Policy. The California Privacy Notice is available at______________________________________________________________. 

  

This Privacy Policy does not apply to Personal Information of Athletic Kinetics employees Processed in the employment context, but employees who elect to use the Services will be treated as users in accordance with this Privacy Policy with respect to Personal Information Processed as users of our Service. 

  

 

  

3. TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

  

The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with Athletic Kinetics and the requirements of applicable law. Some of the ways that Athletic Kinetics may collect Personal Information include:

  

·       You may provide Personal Information directly to Athletic Kinetics through interacting with the Services, participating in surveys, during events such as Homecoming, or promotions or sweepstakes, and requesting services or information.

  

·       As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

  

It is our goal to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

  

 

  

 

  

 

  

3.1 TYPES OF PERSONAL INFORMATION WE COLLECT

  

Athletic Kinetics collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively "Individuals").

  

·       Information You Provide Directly to Us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with Athletic Kinetics, purchasing Athletic Kinetics products or Services from us, using our fitness equipment or participating in a studio class live or via our subscription services, we may ask you to provide some or all of the following types of information 

  

  

·       Public User Profiles. When you subscribe to Athletic Kinetics, you will be given the opportunity to create a “User Profile” and when you do so we may ask you to provide information about yourself such as a username, email address, weight, height, age, location, birthday, phone number and image or avatar. Only your email address and username are required to set up a User Profile; the rest of the information that you may provide is optional. Once your User Profile is created, anytime you log in to our subscription service, we will collect additional information and add it to your User Profile. You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including Athletic Kinetics, to identify you and therefore you may not be anonymous. Information included in your User Profile may be displayed. Athletic Kinetics User Profiles are set to public by default, which means that other registered Athletic Kinetics users will also be able to view your User Profile. You have the option to set your profile to “Private,” which means that only members who you approve as followers can see your profile and fitness performance history, and you can remove other users from your followers.

  

  

3.2 HOW ATHLETIC KINETICS USES YOUR INFORMATION

  

·       To Provide Products, Services or Information Requested. Athletic Kinetics may use information about you to fulfill requests for products, Services or information, including information about potential or future services, including to: 

  

·       Generally manage Individual information and accounts;

  

·       Respond to questions, comments, and other requests;

  

·       Provide access to certain areas, functionalities, and features of Athletic Kinetics’s Services;

  

·       Assist with monitoring your performance, fitness and health related statistics and usage trends;

  

·       Personalize exercise and activity goals for you based on your settings and your historical exercise or activity data;

  

·       Communicate with you about logistical matters, including product deliveries and product servicing visits;

  

·       Provide services to you;

  

·       Review and contact you to answer requests for member support or technical support; and

  

·       Allow you to register for classes and events.

  

·       Administrative Purposes. Athletic Kinetics may use Personal Information about you for its administrative purposes, including to: 

  

·       Measure interest in Athletic Kinetics’s Services;

  

·       Develop new products and Services;

  

·       Ensure quality control;

  

·       Verify Individual identity;

  

·       Communicate about Individual accounts and activities on Athletic Kinetics’s Services and systems, and, in Athletic Kinetics’s discretion, changes to any Athletic Kinetics policy;

  

·       Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;

  

·       Process payment(s) for products or services purchased;

  

·       Process applications and transactions; 

  

·       Prevent potentially prohibited or illegal activities;

  

·       Maintain and administer our Services; and

  

·       Enforce our Terms.

  

  

You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 6 below. 

  

  

·       Anonymous and Aggregated Information Use. Athletic Kinetics may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Athletic Kinetics’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Athletic Kinetics may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within Athletic Kinetics and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

  

·       Sharing Content with Friends or Colleagues. Athletic Kinetics’s Services may offer various tools and functionalities. For example, Athletic Kinetics may allow you to provide information about your friends through our referral services, such as "Refer a Friend." Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be used by Athletic Kinetics for any other purpose.

  

·       Other Uses. Athletic Kinetics may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

  

3.3 COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING

  

We, as well as third parties that provide content, advertising or other functionality on our Services, may use cookies, pixel tags, local storage and other technologies ("Technologies") to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices..

  

·       Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

  

·       Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

  

·       Social Media Widgets. The Site includes social media features such as links to Facebook, Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as, the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.

  

·       Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt-out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

  

Our uses of such Technologies fall into the following general categories:

  

·       Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions;

  

·       Performance Related. We may use Technologies to assess the performance of our Site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;

  

·       Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites;

  

·       Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

  

If you would like to opt-out of the Technologies we employ on our Sites, Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 5 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications and tools, and may prevent you from being able to access certain features. 

  

3.4 THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS

  

The Service may contain links to other websites and other websites may reference or link to the Athletic Kinetics Site or other Services. These other domains and websites are not controlled by us, and Athletic Kinetics does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk. Athletic Kinetics’s Services may include publicly accessible blogs, community forums, message boards, private messaging or video chat features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes. We use third party software development kits (“SDKs”), such as the Fitbit, Apple HealthKit and Strava SDKs, as part of the functionality of our Services, and Athletic Kinetics fitness equipment may contain wireless data transfer capabilities such as near field communication (or NFC) to facilitate pairing to devices using these SDKs and other wearable devices. We may also enable you to link your Athletic Kinetics account to certain health-related applications. If you choose to link your Athletic Kinetics account with such applications, you can decide to share the health information we collect about you while you use the Services, including but not limited to your heart rate, calories, cycling, walking and running distances, time spent meditating, and the list of your Athletic Kinetics workouts taken with such applications. If you decide to do so, you may also be able to transfer other personal information, such as your gender, date of birth, heart rate, height, weight and walking and running distances, from the health related applications to Athletic Kinetics. If you make this election, this information may be used by Athletic Kinetics to update your Athletic Kinetics User Profile and track your metrics in Athletic Kinetics classes. You may opt-out of tracking at any time by configuring your privacy settings on such applications. We do not share information that we collect from SDKs or other health-related applications with third parties for their advertising or marketing purposes. Your interactions with SDKs or other health applications are governed by the privacy policy of the company providing the service. 

  

3.5 THIRD-PARTY PAYMENT PROCESSING

  

When you make purchases through the Services, we Process your payments through a third party application, such as an App Store or, in the case of online or in-person purchases via a Third-Party payment processor. In these instances, the third party application may collect certain Financial Information from you to Process a payment on behalf of Athletic Kinetics, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party app’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy. For more information on our use of Third-Party payment processors and financing partners, including the name(s) of the entities that we partner with, please contact us.

  

 

  

4. ONWARD TRANSFER—ATHLETIC KINETICS MAY DISCLOSE YOUR INFORMATION

  

4.1 INFORMATION WE SHARE

  

We may share your information as described in this Privacy Policy (e.g., with our third party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission.

  

·       We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include service providers for: (i) provision of IT, analytics and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities such as deliveries and member support; and (v) in connection with the provision of the Services. Athletic Kinetics's policy is to execute appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.

  

·       Business Partners. Athletic Kinetics may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Athletic Kinetics may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Athletic Kinetics.

  

·       Displaying to Other Users. The content you post to the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site. We are not responsible for the privacy practices of the other users who view and use posted information.

  

·       Marketing – Interest-Based Advertising and Third-Party Marketing. Athletic Kinetics may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Sites (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-Athletic Kinetics related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with third party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 5 below.

  

  

4.2 INTERNATIONAL DATA TRANSFERS

  

You agree that all Personal Information collected via or by Athletic Kinetics may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to Athletic Kinetics, you explicitly consent to the storage of your Personal Information in these locations.

  

 

  

5. OPT-OUT (RIGHT TO OBJECT TO PROCESSING)

  

5.1 GENERAL

  

You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to Athletic Kinetics’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by contacting privacy@oneAthletic Kinetics.com. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.

  

5.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS

  

You can unsubscribe from email, text and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us or contact us as described in Section 11. To opt-out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Athletic Kinetics and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

  

We maintain "do-not-call" and "do-not-mail" lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

  

5.3 MOBILE DEVICES

  

Athletic Kinetics may occasionally send you push notifications through our Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. Athletic Kinetics may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.

  

5.4 "DO NOT TRACK"

  

Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

  

5.5 COOKIES AND INTEREST-BASED ADVERTISING

  

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.

  

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here. To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

  

 

  

6. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

  

Where permitted by applicable law, you may inquire as to whether Athletic Kinetics is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate or has been Processed in violation of your rights under data privacy laws that apply in the country where you live. Where otherwise permitted by applicable law, you may send an e-mail to [email protected] or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by Athletic Kinetics. Please include your full name, email address associated with your account and a detailed description of your data request. Such requests will be processed in accordance with local laws. Although Athletic Kinetics makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Athletic Kinetics is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If Athletic Kinetics determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Athletic Kinetics will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

  

 

  

7. DATA RETENTION

  

Athletic Kinetics retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.

  

 

  

8. SECURITY OF YOUR INFORMATION

  

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

  

 

  

9. NON-U.S. USERS

  

By using the Services, you consent to Athletic Kinetics’s transfer of your data to the United States. By choosing to visit the Site, use the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will, to the extent permitted by law, be governed by the laws of the State of New York, without regard to principles of conflicts of law. Any disputes arising in connection with this Privacy Policy will be handled in accordance with the dispute resolution provisions in the Terms. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Privacy Policy.

  

 

  

10. CHILDREN’S PRIVACY

  

Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@oneAthletic Kinetics.com. If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent. 

  

 

  

11. REDRESS/COMPLIANCE AND ACCOUNTABILITY

  

If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact Athletic Kinetics by mail at the below address. 

  

 

  

We or our Data Protection Officer will address your concerns and attempt to resolve any privacy issues in a timely manner.

  

 

  

Athletic Kinetics, LLC

  

C/O Lemons, Grundy & Eisenberg, PC

  

6005 Plumas Street, Third Floor

  

Reno, Nevada 89519

  

 

  

12. CHANGES TO OUR PRIVACY POLICY AND PRACTICES

  

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services (as reflected in the above Effective Date). If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services.

  

·       Revisions to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so please review it periodically. If you continue to visit the Site and use the Services after such changes have been made, you thereby provide your consent to the changes.

  

·       Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, Athletic Kinetics will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice if applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically. 

  

·       New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is required by law or contract, Athletic Kinetics will endeavor to comply with the law or contract.

  

 

  

13. DEFINITIONS

  

The following bolded terms in quotes have the meanings set forth below.

  

·       "Agent" means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, Athletic Kinetics or to which Athletic Kinetics discloses Personal Information for use on its behalf.

  

·       "Employee" refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of Athletic Kinetics or its subsidiaries worldwide.

  

·       "Personal Information" is any information relating to an identified or identifiable natural person ("Individual").

  

·       "Process" or "Processing" means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

  

·       "Sensitive Data" or "Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections, such as certain financial or medical information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, such as: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.

  

·       "Third-Party" is any company, natural or legal person, public authority, agency, or body other than the Individual, Athletic Kinetics or Athletic Kinetics’s Agents.