PRIVACY POLICY

I. General Policy

A. Acceptance of Terms

Allegany Physical Performance, LLC. (“APP”) is committed to protecting Your privacy when You visit the APP website located at the URL www.mydailyperformance.com, the APP mobile application, and other websites owned by APP, including regular accounts and professional accounts. This Privacy Policy explains to You how we collect and use Your information. This document should be read in conjunction with the APP Terms and Conditions, and we reserve the right to append or otherwise modify this privacy statement at any time.

B. Term Definitions

1. The term “APP Website” refers to the APP website accessible through the URL www.mydailyperformance.com, the APP mobile application, and other websites owned by APP, including regular accounts and professional accounts.

2. The term “APP” refers to Allegany Physical Performance, LLC.

3. The term “APP Mobile App” refers to the Mobile application owned and operated by APP available as an iOS and Android application that provides patients access to their assigned exercise programs from their phone or tablet.

4. The term “User Profile” refers to a profile posted by a User on the APP Website.

5. The terms ''You'', “Your” and/or ''User'' refer to any individuals and/or entities visiting and/or otherwise accessing the APP Website for any reason.

6. The term “Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the APP Website.

7. The term “Personal Information” includes, but is not limited to, any information that identifies or describes an individual, including his or her name, professional licensing information, social security number, physical description, age, gender, marital status, health status, financial status, home address, home telephone number, education, financial matters, and medical or employment history. Personal Information may also include statements made by, or attributed to, a User.

C. Collection of User Data

APP collects user data during registration and use of the APP Website and associated services such as described below with the consent of the user and for the legitimate business purpose of providing the services offered by the APP Website.

II. Your Personal Information

A. Information Collected by APP

By voluntarily creating a User Profile on the APP website, You agree to the APP Terms of Use, and consent to APP’s collection of Personal Information. To establish Your User Profile, APP collects Your name and email address, and in some cases your clinical discipline.

APP collects additional information when You continue the use of the site and agree to our Terms of Use in order to receive APP services and access APP Content. When you assign or complete patient exercises on the APP website, APP collects data relating to the assignment of and/or completion of courses and/or exercises, as well as applicable clinical licensing information.

When using APP services as a professional account user, APP may collect the following categories of personal/office information from consumers:

Personal/office Information is provided at Your own risk. By providing these Information, You are communicating Your consent to APP’s collection, use and disclosure of such Personal/office Information for the purposes for which You provided the information to APP, and as described in this Privacy Policy.

B. Data Controller

For the majority of the information maintained, collected, or used by APP, APP is the data controller who is responsible for determining the purpose and means of processing personal data. For some healthcare data, Your individual provider and/or their organization may be the data controller for whom APP holds and processes data. 

C. Using Your Information

Information is collected about You in order to establish and enhance our relationship with You. APP’s use of this information includes the following: (i) to personalize Your experience, so we are better able to respond to Your individual needs; (ii) improve our website through Your feedback; (iii) more effectively responding to customer service requests and support needs and improve customer service; (iv) process transactions; (v) contacting You; (vi) conducting research and compiling aggregate data for internal and external business purposes; and (vii) any other purpose disclosed to You at the time we collect Your information.

Much of the information collected by APP is necessary for proper functioning of the APP Website and use of the APP products. For example, You may not be able to create a user account or reset your password without provision of a valid email address. Further, APP will store Your log-in credentials on Your device while using the APP Mobile App, to provide a seamless experience. In these situations, if You choose to withhold any personal data requested by APP, it may not be possible for You to gain access to certain parts of the site.

D. Updating and Deleting Your Information

On the APP Website You are able to correct, update, review, or delete information You have submitted by going back to the specific tool and making the desired changes. If you are unable to make the changes on the APP Website, you can request APP to change, correct, or delete information by contacting us at support@mydailyperformance.com.

You have the right to withdraw consent to APP’s use or processing of Your Personal Information at any time. If You refuse to consent to, opt out of, or withdraw Your consent, we may not be able to offer You certain services or benefits.

E. Retention of Information

APP stores and retains Personal Information based on the level of sensitivity of this information, and for the period specified by the applicable legal and regulatory requirements. For some healthcare data, Your individual provider and/or their organization may require APP to retain data based on their individual legal and contractual requirements.

F. Information Sharing and Disclosure

We may share Your information with trusted third parties who assist us in operating our website, conducting our business, or serving You, as long as those parties agree to keep this information confidential to the extent outlined under this Privacy Policy and consistent with applicable laws and regulations. We may also release Your information when we believe it is needed to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. Non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses.

G. Sale of Personal Information

As we promised, APP will never sell any collected Personal Information to third parties.

H. Changes in APP, LLC.

If APP is sold, merged, or otherwise transferred, personal information may be transferred along with it.

I. Information Use related to the Use of the APP Mobile App

You may also opt into receiving Push Notifications from the APP Mobile App. If you wish to stop receiving push notifications, you may turn off this feature in the settings on your device.

When you delete the APP mobile application, any information saved in your device will be deleted, AND these information may also being deleted in our server.

J. Additional Information Use

We may use Your email for transactional purposes, as well as for promotional purposes. Transactional purposes include confirmation and notification of changes to Your account. Promotional purposes include sending You newsletters about new features, special offers, promotional announcements, consumer surveys, and other items concerning our service. During registration at the APP Website, You may be signed up to receive promotional email newsletters from APP, unless disallowed by Your jurisdiction of residence. Email messages may contain code that enables our database to track Your usage of the emails to determine whether the email was opened and what links, if any, were clicked. Should You prefer not to receive promotional emails from us, please edit the preferences in Your account menu or click Unsubscribe at the bottom of any promotional emails.

K. Access to Information

Users may have a right to request access to Your information collected or processed by APP. You can request such access by contacting us at support@mydailyperformance.com. Upon verification of Your identity, we will make sure to provide You with a copy of the data we process about You. In some circumstances we may need to work with Your healthcare provider in order to provide copies of sensitive information.

L. International Privacy Laws

If You are accessing the APP Website and associated services from outside the United States, please be aware that You are sending information (including Personal Data) to the United States where our servers are located.

If You reside within the European Union, You may have the right to lodge a complaint regarding APP’s information collection and processing with your local, national supervisory authority.

M. California Residents’ Rights

This Section applies only to Users of the APP Website who reside in the State of California. Under the California Consumer Privacy Act of 2018 (CCPA) California consumers have the right to:

• Know the categories of Personal Information we collect and the categories of sources from which we obtained the information;
  
• Know the business or commercial purposes for which we collect and share Personal Information;
  
• Know the categories of third parties and other entities with whom we share Personal Information; and
  
• Access the specific pieces of Personal Information we have collected about you.
  

To obtain any additional information not found in this Privacy Policy, please send an email to support@mydailyperformance.com and include Your name, email address, California postal address as well as the email associated with Your User Profile, if one exists (“Verification Information”). 

Right to Deletion. In some circumstances You may ask us to delete your Personal Information. To do so, please send an email Verification Information to support@mydailyperformance.com. 

Submission of Your Request. You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify You are the person about whom we collected personal information or an authorized representative,
  
• Describe Your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
  

We cannot respond to Your request or provide you with Personal Information if we cannot verify Your identity or authority to make the request and confirm the Personal Information relates to You. You do not need to create an account with us to submit a request to know or delete Your Personal Information. We will use the Personal Information provided in Your request only to verify the Your identity or authority.

Right to opt out of Sales. APP does not share Your Personal Information with third parties in ways that may constitute a “sale” under CCPA. In line with this, APP further does not sell Personal Information of consumers under 16 years of age. You may request that we do not “sell” Your Personal Information on a go forward basis. To do so, please email support@mydailyperformance.com and include your Verification Information. If You reengage with APP after opting out of the “sale” of Your Personal Information, such as purchasing a new subscription, Your Personal Information will be collected and used in accordance with this Privacy Notice.

You have the right to not be discriminated against for exercising any of Your CCPA rights, and APP will not do any of the following based on any exercise of Your rights:

• Deny You goods or services.
  
• Charge You different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  
• Provide You a different level or quality of goods or services.
  
• Suggest that You may receive a different price or rate for goods or services or a different level or quality of goods or services.
  

However, we may offer You certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to Your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires Your prior opt-in consent, which You may revoke at any time.

III. Automatically Collected Information

As You use APP, certain information may also be passively collected and stored on our or our service providers’ server logs, including Your Internet protocol address, browser type, and operating system. When you enter the APP website, You are required to consent to our use of Cookies in line with this Privacy Policy. APP uses Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of Your visit and the solutions and information for which You searched and viewed, or on which of the advertisements displayed on APP You clicked. This type of information is collected to make APP and solutions more useful to You and to tailor the experience to meet Your interests and needs.

APP, or our service providers acting on our behalf, use the following types of Cookies:

IV. Safety Measures

A. Internet Security

We use a variety of security measures to maintain the safety of Your personal information when You place an order or access Your personal information: (i) A secure server; (ii) All sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then entered into our Payment gateway providers database accessible only to those authorized who are required to keep the information confidential; (iii) All data stored on the APP Website server(s) is stored in a database “behind” a secure firewall; (iv) There is no permissible access to the database outside of the hosted environment; and (v) After a transaction, Your credit card information will not be stored on our servers.

B. Security Limitations Disclaimer

APP cannot and does not guarantee that Personal Information You post on the APP Website will not be accessed by unauthorized persons. Despite APP’s efforts to safeguard Your personal information, there is always a risk of security breach. APP is not responsible for circumvention of any privacy settings or security measures of the APP Website. You understand and acknowledge that, even after removal, copies of Personal Information on User Profiles may remain viewable in cached and archived pages or if other Users have copied or stored Your Personal Information.

The APP Website might be linked to other websites, including but not limited to Facebook, LinkedIn, or Twitter, in order to better interact with its users and the public. Please be aware that APP is not responsible for the privacy policies of those other sites. If users provide information directly to websites other than APP, different rules may apply for the use of personal information.

You are solely responsible for Your privacy settings, and APP is not and will not be responsible for Personal Information shared by You via a User Profile or the settings associated therewith.

C. Children’s Privacy

APP does not collect any information from anyone under 13 years of age. Our website and courses are directed at people who are older than 13 years.

D. Changes to this Privacy Policy

APP reserves the right to make changes to this privacy policy at any time by giving notice to its users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If you object to any of the changes to the Policy, you must cease using the APP Website and can request that APP removes the Personal Information. Unless stated otherwise, the then-current privacy policy applies to all Personal Information APP has about its users.

Privacy Policy last updated on Jan 7th, 2022

1. The Terms

1.1 Acceptance of Terms

Allegany Physical Performance, LLC (“APP”) is the owner and operator of the Website located at www.mydailyperformance.com, among other websites owned and operated by APP. This Terms of Use (the “Agreement”) governs access to and use of the professional accounts of APP Website. Access to and use of the APP professional accounts is subject to Your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by Your accessing the APP professional account and/or by Your continued use of the APP Website.

Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with APP’s Privacy Policy.

1.2 Right to Modify Terms

APP reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the APP Website, You agree to the terms of modified Agreement, without further notice.

1.3 Term Definitions

1. “APP Website” means the APP Website accessible through the URL www.mydailyperformance.com, among other websites owned and operated by APP.

2. “APP” means Allegany Physical Performance, LLC.

3. “Parties” means APP and You, collectively.

4. “Party” means either APP or You.

5. “User Profile” means a profile posted by You on the APP Website, including the information you posted in “Clinic Introduction”.

6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the APP Website for any reason; said terms may be used interchangeably.

7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the APP Website.

8. “Profile information and Clinic Introduction” means, without limitation, any information that identifies or describes an individual, including his or her name, office name, business name, professional licensing information, physical description, age, gender, office address, office telephone number, or education. Clinic Information also includes statements made by, or attributed to, a User.

2. Website

2.1 Content Ownership

APP is the owner of all APP Content posted on or otherwise accessible at or via the APP Website including logos, all designs, text, graphics, pictures, videos and information. Unless otherwise agreed in writing, You will have a limited one (1) year license (without the right to sublicense) to view the Content for Your use. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the APP Website is expressly prohibited, unless APP has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. APP reserves all applicable rights in regard to the Content.

APP may publish or transmit via the APP Website any Content that is owned by third parties. APP’s professional account owners are the owners of their respective Intellectual Property found on the APP Website. Any reproduction, retransmission, or republication of all or part of any Content found on the APP Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.

2.2 Trademarks

Portions of the APP Website may be customized by professional customers to include use of Your logo and other trademarks for custom branding. If You choose to use such customization, You agree to grant to APP a nonexclusive, nontransferable, revocable right to use and distribute Your logos and such additional or replacement buttons, logos, characters, or designs (the "Trademarks") as APP may request. You further agree to provide the Trademarks in a format required by APP for any online or print promotions. APP agrees to use the Trademarks solely in conjunction with the permitted forms of use under this Agreement. Use of the Trademarks does not give APP any right, title, or interest in the Trademarks, other than the license rights granted herein. APP may not assign, transfer, or sublicense any Trademark right granted herein without Your prior written consent.

2.3 Copyright Complaints

If You believe that any Content on the APP Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to APP to support@mydailyperformance.com. Please include a description of the work that is allegedly being infringed, and where on the APP Website the work may be found.

2.4 Subscription

After purchasing a subscription, You will have access to the Content for one (1) year. After one (1) year, Your access to the Content will end. You will have to renew Your subscription to continue Your access to the Content. You may choose automatic renew of your subscription.

2.5 Termination

APP reserves the right to terminate, block, or restrict Your access to or use of the APP Website for any breach or violation of any term(s) of this Agreement, solely at the discretion of APP.

2.6 Equipment

You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the APP Website.

3. User Accounts

3.1 User Responsibility

The APP Website includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the APP Website is compliant with the laws and regulations of any applicable jurisdiction.

You are also wholly responsible for any possible legal issues including but not limited to personal injury arisen from the exercises programs you created on www.mydailyperformance.com. APP asks all professional account users carry valid malpractice insurance which has appropriate coverage for any possible legal issues.

You, as a professional account user, are also responsible for the copyright of the materials including any pictures you posted on www. mydailyperformance.com. 

3.2 Accounts and Passwords

In consideration of Your use of the APP Website, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the APP Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if APP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, APP has the right to suspend or terminate Your access to the APP Website and to refuse any and all current or future use of the APP Website, or any portion thereof.

You must have Your own password to access the APP Website. You are not permitted to provide others access to APP professional account using Your User Name and Password or another authorized User Name and Password. In the event that APP discovers Password sharing, we reserve the right to terminate or block Your access to the APP Website. You are responsible for all use of Your password(s).

3.3 Linking to APP

Although the APP Website may include links providing direct access to other Internet sites, APP assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. APP provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.

4. Disclaimers

4.1 Generally

Except as expressly set forth herein, the content of the APP Website (including all APP intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. APP does not warrant or guarantee uninterrupted access to the APP Website, or any site linked to the APP Website, and reserves the right to discontinue courses or to change the expiration date at any time.

Under no circumstances will APP be liable in any way for any content, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the APP Website, and APP makes no guarantees that the content will be accurate, current, or error-free.

You assume full responsibility and risk of loss resulting from use of the APP Website and any information on the APP Website. APP makes no guarantees about the suitability of any information and its services for any purpose whatsoever. APP may provide exercises related to Your condition that You and your customers can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY APP, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. APP will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.

4.2 Home Exercise Programs

YOU AGREE THAT YOU WILL NOT INCLUDE ANY PROTECTED HEALTH INFORMATION IN THE CREATION OF ANY HOME EXERCISE PROGRAMS.

5. Limitation of Liability

In no event shall APP, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if APP or its representatives have been advised or should have known of the possibility of such damage. APP’s total liability in any event is limited to the amount, if any, actually paid for use of the APP Website, and You hereby release APP and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.

6. Billing

6.1 Payment Method

You may purchase a subscription and/or individual Courses. Upon registration for a subscription, You expressly agree that APP is authorized to charge You a membership fee at the rate and commitment period specified, as well as any other charges You may incur in connection with Your use of the Service to the Payment Method You provided during registration. Not all Courses are available to subscribers. Should You choose to buy an individual Course, You expressly agree that APP is authorized to charge You for each specific Course You purchase. You are not required to pay a membership fee to purchase an individual Course. A valid credit card is required to subscribe to the Service or to purchase an individual Course. APP bills You through a secure online account for use of the Service. Your complete billing information is not stored on APP's servers. For Your protection, our secure payment gateway partner, Authorize.net, stores Your billing information.

6.2 Payment Amounts

6.2.1 Subscription Fees

Please refer to the Subscriptions page for subscription pricing. Your subscription will continue until You cancel it. APP automatically bills Your Payment Method each year on the calendar day corresponding to the commencement of Your subscription. However, if You change Your Payment Method, this could result in changing the calendar day upon which You are billed.

APP may offer a Free Subscription Trial Period. By creating a User account, You accept the Free Subscription Trial Offer and consent to APP’s use of Your account information in accordance with APP’s Privacy Policy. APP reserves the right, in its sole discretion, to withdraw or modify the Free Subscription Trial Period at any time without prior notice and with no liability. At the end of the Free Subscription Trial Period, You will have to make payment of the applicable subscription fee to continue Your subscription. There is no obligation to purchase a subscription at the end of the Free Subscription Trial Period. You may only use the Free Subscription Trial Offer once.

APP may offer certain services for fee which may subject to change. APP is obligated to inform you with the fee schedule change.

6.3 Fee Changes

APP may change the fees and charges in effect, or add new fees and charges from time to time, but APP will give You advance notice of these changes by email. If You would like to use a different Payment Method, or if there is a change in a Payment Method, such as Your credit card validity or expiration date, You may edit Your Payment Method information by visiting the APP Website and clicking on the "My Profile" link.

6.4 Tax Responsibility

All Fees are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on APP’s net income (collectively, “Taxes”). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of APP. You hereby confirm that APP can rely on the name and address set forth in your APP registration as being the correct information for tax purposes. Obligations under this Section 6.4 (Tax Responsibility) shall survive the termination or expiration of these Terms.

7. Cancellation

You may cancel Your subscription at any time. IN ORDER TO AVOID BEING CHARGED FOR THE NEXT YEAR, YOUR CANCELLATION REQUEST MUST BE RECEIVED BEFORE MIDNIGHT PACIFIC TIME TWO (2) DAYS BEFORE YOUR SCHEDULED ANNUAL RENEWAL PAYMENT DATE. If You terminate Your subscription, Your subscription will remain active until the end of Your then-current subscription period—namely, the subscription period through which You paid before Your termination. THERE WILL BE NO REFUND FOR ANY UNUSED PORTION OF YOUR SUBSCRIPTION.

8. Indemnification

You agree to indemnify and hold APP and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the APP Website. You further agree to indemnify and hold APP and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.

9. Disputes

This Agreement shall be governed by the laws of the State of Maryland. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.

10. Miscellaneous

10.1 Assignability

This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.

10.2 Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.

10.3 Waiver

No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

10.4 Severability

If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.

10.5 Survivability

The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.

Terms of Use last updated on Jan 7, 2022