Privacy Policy

This privacy notice for Sharp Performance, Inc. (doing business as Sharp Performance) ("Sharp Performance," "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.sharpperformance.com, or any website of ours that links to this privacy notice.

• Download and use our mobile application (Sharp Performance Mobile App), 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 security@sharpperformance.tech.

‍‍

TABLE OF CONTENTS

‍1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW LONG DO WE KEEP YOUR INFORMATION?

6. HOW DO WE PROTECT YOUR INFORMATION?

7. DO WE COLLECT INFORMATION FROM MINORS?

8. WHAT ARE YOUR PRIVACY CHOICES?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

11. DO WE MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

‍

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose 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:

• Contact Information like your name, phone number, email address, and account login credentials (if you create an account with us)

• Account Information like your account login credentials (If you create an account with us), gender, date of birth, and information about your occupation and service background.

• Information that is relevant to the Services, such as your sleep and exercise habits or your reported stress levels

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:

• 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.

Information automatically collected

We automatically collect certain information using cookies and similar technologies when you visit, use, or navigate the Services. We work with third-party service providers to collect information in this manner.

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, referring URLs, device information, browser type, language preferences, 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 and characteristics, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
  ‍

2. HOW DO WE PROCESS YOUR INFORMATION?

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 deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.

• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.

• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.

• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, including email or SMS text messages, 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 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 evaluate, and improve, and develop our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify  usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.

• 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 comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.

‍

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. These third parties‍ include auditing and accounting firms, professional services consultants, marketing and sales vendors, providers of data hosting and storage, data analytics services, and IT and security vendors.

We also may disclose 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.
• Corporate affiliates. We share personal data with our subsidiary or parent companies.
• Law enforcement, government agencies, or parties in a legal proceeding. We may share personal data with these entities to comply with the law or assist law enforcement. We may also provide your personal data to third parties in the context of a subpoena or similar legal process.

‍

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. These tracking technologies help us better understand your needs and preferences and tell us which parts of our website you have visited and provide consistent and personalized services and experiences. These tracking technologies gather information over time and across different websites about you, some of which may be personal information.

‍

5. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is reasonably 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).

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 store your personal information using safeguards like isolating it from any further processing until deletion is possible.

‍

6. HOW DO WE PROTECT YOUR INFORMATION?

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.

‍

7. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. Accordingly, we do not have actual knowledge that we sell or share the personal information of consumers under the age of 18 years old. By using the Services, you represent that you are at least 18. If we learn that personal information from users less than 18 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 become aware of any data we may have collected from children under age 18, please contact us at security@sharpperformance.tech.

‍

8. WHAT ARE YOUR PRIVACY CHOICES?

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, 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. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

If you have questions or comments about your privacy rights, you may email us at security@sharpperformance.tech.

‍

9. 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. 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.

‍

10. ADDITIONAL DISCLOSURES FOR 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.

‍Please read this section for additional disclosures about how we collect, use, and disclose personal information about you under California Civil Code Section 1798.100 et seq (“CCPA”).

What categories of personal information do we collect?

We have collected and disclosed the following categories of personal information in the past twelve (12) months:

‍

‍

How do we use and disclose your personal information?

‍We collect and disclose personal information for the business and commercial purposes described in “HOW DO WE PROCESS YOUR INFORMATION?” ‍We do not use or disclose sensitive personal information for purposes other than those permitted under the CCPA.

Sharp Performance Inc. has not “sold” or “shared” any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Sharp Performance Inc. has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?".

How do we collect your personal information?

Your Privacy Rights

• ‍Right to Confirm Processing, Access, and/or Obtain a Copy: If you ask us, we will confirm whether we are processing your personal information. Additionally, upon request, we will provide you with a copy of all personal information you are lawfully entitled to receive, potentially including specific pieces of information, along with certain other details.
  
• Right to Amend: If you believe your personal information is inaccurate or incomplete, you may request that we correct it.
  
• Right to Delete: You may request that we delete personal information that we maintain about you.

• Right of Portability: You may request that we move, copy, or transfer the electronic personal information that we hold about you to another organization.

• Right to Revoke Consent and/or Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your personal information. This includes general requests and requests in specific contexts, such as if we process personal information that is considered “sensitive” under applicable law or engage in certain automated decision-making activities.
  
• Right to Opt Out of Targeted Advertising: Targeted advertising is the practice of serving you tailored advertisements based on your personal information gathered over time and across other businesses, websites, applications, or services. This practice is referred to as “sharing” under the CCPA. We do not currently engage in this practice, but if we do in the future, you have the right to opt out of this practice.
  
• Right to Opt Out of Sales: We do not currently “sell” any personal information, but if we do in the future, you may request that we not “sell” your personal information.
  
• Right to Non-Discrimination: We will not discriminate against you for exercising Data Subject Rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your personal information.
  
• Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate our earlier determination.
  
• Right to Lodge a Complaint: You may submit a complaint to the competent supervisory authority in the place in which you live if you have any concerns about our processing of your personal information or if we deny your appeal to review a prior decision about your Data Subject Rights.

Data Subject Rights Verification Process

Upon receiving your request to exercise a Data Subject Right, 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.

‍

11. DO WE MAKE UPDATES TO THIS NOTICE?

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and will be effective as soon as it is accessible, unless we notify you otherwise. 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.

‍

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at security@sharpperformance.tech or by post to:

Sharp Performance Inc.

2659 State St #100

Carlsbad, CA  92008

United States