Rack Performance Privacy Notice

Last Updated: December 8, 2016

Rack Performance, LLC (“Rack Performance,” “we,” “us,” “our”) respects the privacy of our users. This Rack Performance Privacy Notice (“Privacy Notice”) has been adopted on a company-wide basis to guide how we collect, store, use, and disclose the information that you provide to us through our products and services. This Privacy Notice does not apply to websites, products, or services provided by companies that we do not own or control or to individuals that we do not employ or manage.

You signify your assent to this Privacy Notice by using our products and services. You must have a parent or legal guardian review this Privacy Notice with you and agree to it on your behalf if you are not of legal age to form a binding contract with us (age 18 in most states). You may not use our products or services if you do not agree to this Privacy Notice.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We do not collect or solicit personal information directly from children under the age of 13 (“Child” or “Children”). Any Child that wishes to use our services must be invited by a coach, teacher, school, or school district (“Educator”) who has obtained verifiable parental consent from the parent or legal guardian of the Child. The Educator will provide to us the Child’s name, age, and high school graduating year and the Educator will also provide to us on an ongoing basis the Child’s fitness metrics (i.e. strength, cardiovascular fitness, agility, etc.) (“Child Information”). We use Child Information to deliver the services, personalize the Child’s experience, improve our website and products, and to improve our customer service. We will promptly delete any personal information that a Child uploads or posts to our services following notification of the upload or post.

We will not condition a Child’s participation in an activity on the Child’s disclosure of more personal information than is necessary to participate in the activity. This means if we don’t need a specific piece of information (like the Child’s email address) to allow the child to participate in the activity, we will not ask for it.

Parent Rights

A parent or legal guardian may request access to or have deleted the Child Information by emailing matts@rackperformance.com. A parent or legal guardian may also direct us to no longer disclose Child Information to third parties; provided, that, we may not be able to stop disclosure to our trusted third parties who help us provide the services.

WHAT INFORMATION DO WE COLLECT?

Information You Give to Us. We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey, fill out a form, or use the services on the site. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, and phone number. You may, however, visit our site anonymously.

 

Information We Collect Automatically. Whenever you access or use our products and services, we may automatically receive and record information from your computer or mobile device, which may include: the device you use to access or use our products and services, your IP address, the type of browser or application you are using to access our products and services, the identity of the page or feature you are requesting, referring and exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit, and number of clicks (collectively, “Non-Identifiable Data”). We also collect information through the use of cookies, web beacons, and other technology.  

WHAT DO WE USE YOUR INFORMATION FOR?

Personal Information. Any of the personal information we collect from you may be used in one of the following ways:

 

 

Non-Identifiable Data. We may use and share Non-Identifiable Data (e.g. non-personal, de-identified information that can’t be used to identify you) for any lawful business purpose without any obligation or accounting to you. When we do so, we will take reasonable measures to ensure that the Non-Identifiable Data is not personally identifiable and cannot later be used to identify you.

DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?

We do not sell, trade, or otherwise transfer to outside parties your personal information or Child Information. This does not include trusted third parties who assist us in operating our website, conducting our business, or providing services to you, so long as those parties agree to keep this information confidential. We may release your personal information when we have your consent. We may also release your personal information or Child Information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information or Child Information may be among the assets transferred. Any acquirer of our assets may continue to process your personal information or Child Information as set forth in this Privacy Notice. However, Non-Identifiable Data may be provided to other parties for marketing, advertising, or other uses.

HOW DO WE PROTECT YOUR INFORMATION?

 

We implement a variety of security measures to maintain the safety of your personal information and Child Information.

 

All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

 

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

 

RETENTION AND MODIFICATION OF YOUR INFORMATION

 

Correcting, Updating, Accessing, or Removing Personal Information. You can correct, update, or remove your personal information if it changes or if you no longer want to receive information from us beyond information related to our services. This can be done by emailing a request to info@rackperformance.com. You may also request access to your personal information that we collect by sending a request to info@rackperformance.com. We may not be able to completely remove your personal information from our systems in certain circumstances. For example, we may retain your personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, if required by law, or as retained in our data backup systems or cached or archived pages. All of your personal information that we keep will continue to be subject to the terms of this Privacy Notice to which you have previously agreed.

Your California Privacy Rights. California Civil Code Section 1798.83 permits consumers that are California residents to request certain information regarding our disclosure of personal information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at info@rackperformance.com.

DO WE USE COOKIES?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and keep track of advertisements. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.

 

Do Not Track Signals

 

Our websites do not currently recognize or respond to “do not track” signals.

THIRD PARTY LINKS

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy notices. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to change, modify, add, or remove portions of this Privacy Notice. We will post notice of modifications to this Privacy Notice on this page and we will attempt to notify you through your Rack Performance account and the email address that you provided of any changes to this Privacy Notice. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified Privacy Notice you should immediately discontinue your use of our products and services.

CONTACTING US

If there are any questions regarding this privacy policy you may contact us using the information below.

 

rackperformance.com

info@rackperformance.com