Privacy Policy

PRIVACY POLICY 

Last updated July 10, 2021

Thank you for choosing to be part of our community at Athletes Unlimited LLC (“AU”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at [email protected]. 

When you visit our Site (as defined below) you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our website.

This privacy policy applies to all information collected and processed through our website and/or any related apps, features, sales, marketing, services, events, and communications where this Privacy Notice is posted (we refer to them collectively in this privacy policy as the “Site”).  Third-party websites or apps that our Site links to, or with whom we may have a presence, or with whom we may license use of our trademarks and copyrights, may collect and use personal information for their own purposes. Where they do so, their respective privacy notices apply. Please review the respective terms and privacy notices of these entities to learn how they collect and process your personal information.

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

 

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us 

We collect personal information that you voluntarily provide to us when registering at the Site, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Site (such as posting messages in our online forums or entering competitions, contests, or giveaways) or otherwise contacting us. 

The personal information that we collect depends on the context of your interactions with us and the Site, the choices you make and the products and features you use. The personal information we collect can include the following: 

Name and Contact Data. We may collect your first and last name, email address, postal address, phone number, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor, and you should review its privacy policies and contact the payment processor directly to respond to your questions.

Content and files data. Any data and content you share or upload, such as photos (including any metadata included in your photos and content).

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

We automatically collect certain information when you visit, use or navigate the Site. 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 Site and other technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.  We also collect information through cookies and similar technologies. 

Information collected from other Sources

We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we may receive from other sources include social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).

 

2. HOW DO WE USE YOUR INFORMATION?

We use personal information collected via our Site for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. 

We use the information we collect or receive: 

  • To respond to requests. We use your information, including Personal Information, to provide you with customer support and respond to your requests.
  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process.
  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use 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 (see the “Your Privacy Rights” below).
  • To send administrative information to you. We may use your personal information to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.
  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Site.
  • To post testimonials with your Consent. We post testimonials on our Site that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.
  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
  • Request Feedback. We may use your information to request feedback and to contact you about your use of our Site.
  • To protect our Site. We may use your information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention).
  • To enforce our terms, conditions, and policies.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Site, products, services, marketing and your experience.

 

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We may process or share data based on the following legal basis: 

  • Consent:  We may process your data if you have given us specific consent to use your personal information in a specific purpose.
  • Legitimate Interests:  We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract:  Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. 

More specifically, we may need to process your data or share your personal information in the following situations:

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work, including but not limited to: payment processing, data analysis, email delivery, hosting services, customer service, marketing efforts, etc.. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time.  This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this privacy policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
  • 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.
  • Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
  • Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Site) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity.  Similarly, other users will be able to view descriptions of your activity, communicate with you within our Site, and view your profile.
  • Protection of Athletes Unlimited and Others. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of AU, our employees, our users, or others.

 

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with our Site. Persistent Cookies can be removed by following your Internet browser help file directions. You can manage your cookie preferences via your browser settings (see http://www.aboutcookies.org for more information)

Click-through URLs. In some of our email messages, we may use a “click-through URL” linked to content on the Site. When you click one of these URLs, you may pass through a separate web server before arriving at the destination page. We may track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Usage Information. We log information about your use of the Site, including the type of browser you use, how long you access website, actions taken on our website, whether you are a first-time user or repeat user, pages viewed, your IP address and the pages you visited before navigating to the Site.

 

5. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which you have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, 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.

 

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the Internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Site is at your own risk. You should only access the services within a secure environment.

 

7. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 13 years of age.  By using the Site, you represent that you are at least 13 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site.  If we learn that personal information from users less than 13 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you are the parent or legal guardian of a child under 13 who you believe has provided information or if you become aware of any data we have collected from children under age 13, please contact us at [email protected].   

 

8. WHAT ARE YOUR PRIVACY RIGHTS?

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html

Account Information (if applicable)

If you created an account with AU, you may at any time review or change the information in your account or terminate your account by logging into your account settings and updating your account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with 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 Site. To opt-out of interest-based advertising by advertisers on our Site visit http://www.aboutads.info/choices/. 

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. 

Opt Out of Google Analytics:  To provide you the ability to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js). This add-on instructs the Google Analytics JavaScript running on websites to prohibit sending information to Google Analytics.  We encourage you to visit https://tools.google.com/dlpage/gaoptout/ for more info on how to opt out.  You can also opt out of Google’s use of cookies by visiting Google’s Ads Settings at http://www.google.com/ads/preferences.   

 

9. CONTROLS FOR DO­NOT­TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do­Not­Track(“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. 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 Policy.

 

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

 This section provides you with additional disclosures required under California law. 

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 Site, you have the right to request removal of unwanted data that you publicly post on the Site. 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 Site, but please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted, and that there may be circumstances in which the law does not require or allow removal even if requested.

 

11. DO WE MAKE UPDATES TO THIS POLICY?

We may update this privacy policy 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 policy, 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 policy frequently to be informed of how we are protecting your information.

 

12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Ana Drucker, by email at [email protected] or by post to: 

Athletes Unlimited LLC

Ana Drucker

888 Seventh Avenue

Fl 40

New York, NY 10106

 

If you have any further questions or comments about us or our policies, email us at [email protected] or by post to: 

Athletes Unlimited LLC

Ana Drucker

888 Seventh Avenue

Fl 40

New York, NY 10106