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INTRODUCTION

Thank you for registering to use Allegany Physical Performance products. The following terms, together with any documents expressly incorporated herein by reference (collectively, these “Terms” or this “Agreement”), govern your access and use of the products and services provided by Allegany Physical Performance, LLC., its affiliates, subsidiaries and related entities (hereinafter referred to as “Allegany Physical Performance,” “APP,” “we,” or “us”). In order for you to better use our products and services, please carefully read, fully understand these Terms, in particular the terms related to limitations of liabilities.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS, REGISTER, OR USE ANY OF OUR PRODUCTS AND SERVICES. BY DOWNLOADING, INSTALLING, ACCESSING, REGISTER OR USING OUR PRODUCTS AND SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

I. SCOPE OF THE TERMS

1.1 This Agreement is between you and APP, and all products and services provided by APP shall be bound by this Agreement.

1.2 The products and services under this Agreement refer to the products and services provided by APP via Internet and mobile applications, including but not limited to Internet media, Internet value-added services, and interactive entertainment (in the form of, but not limited to, online video, pictures, software, technical code, etc.).

1.3 All information we collect and use through or in connection with our products and services is subject to our Privacy Policy. Additional terms and conditions may also apply to a specific product or service. The Privacy Policy, these additional terms and conditions, and all other rules, announcements or notices APP has published or may publish in future are hereby incorporated by this reference to this Agreement. If you do not agree to any of these additional terms, you shall immediately discontinue the use of our products and services.

1.4 APP has the right to revise this Agreement (including but not limited to any new terms and amendments to existing provisions) at any time in its sole discretion and to announce the changes in the form of an online bulletin without providing a notice to you separately. However, when any significant changes are made, we will notify you via our mobile applications, website or other means before the changes become effective. All changes become effective upon publication, immediately or at a time specified therein. Your continued use of our products and services following the posting of the revised Agreement means that you accept and agree to the changes. If you do not agree to the changes, you should immediately stop using our products and services.

1.5 As described in Section 1.3, additional terms and conditions may apply to a specific product or service developed or released by APP (hereinafter referred to as “Individual Product Agreement”). In the event of any conflict between the Individual Product Agreement and the other provisions of this Agreement, the Individual Product Agreement shall prevail. Your use of the specific product or service means that you accept and agree to the Individual Product Agreement.

II. PRODUCT AND SERVICE INTRODUCTION

2.1 APP offers a wide range of Internet products and services, including but not limited to training courses and products and services related to stretching, strengthening, balance training, running, walking and other activities. You may use and purchase the products and services and APP has the right to charge a fee for your use.

2.2 You understand and agree that interruptions of our online services may occur as normal events that are out of our control and that we have no control over the third-party networks or services that we may use to provide you with our products and services. We shall not be responsible for any losses or damages resulting from such interruptions.

2.3 Some of our products and services are paid services. You will need to submit a payment before you can use or continue to use those products and services.

2.4 APP provides online products and services. You are responsible for (i) all costs and expenses related to any devices you use to access our products and services, and (ii) any network charges you incur in connection with the use of our products and services (such as telephone and internet fees paid for the access to the Internet, and any mobile charges for the use of mobile networks).

2.5 Replacements, modifications, and upgrades

2.5.1 In order to enhance your experience and improve the service content, APP has the right to develop new products and services based on your feedback and the information collected through your use.

2.5.2 APP may from time to time in its sole discretion develop and provide updates to our products and services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that APP has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

2.5.3 You understand and agree that APP has the right not to notify you of the Updates or any changes to or restrictions of any features or functionality.

2.5.4 When a new version is released, the old version may not be available. You shall promptly download and install the latest version and acknowledge and agree that our products and services or portions thereof may not be available or properly operate should you fail to do so.

2.6 Third-party applications and services

You may access and use third-party applications (such as camera services) via our products and services. When using any such third-party application, you shall comply with this Agreement and any terms and conditions of the third-party application. You understand and agree:

2.6.1 When you use any application and service provided by a third party, the third party may collect and use your personal data. You shall decide whether to provide such information to the third party. APP shall not be responsible for any third party’s use or disclosure of your information.

2.6.2 APP has the right to audit and manage the applications provided by third parties. APP has the right to de-activate or remove any third-party application from our products and services without notifying you, and shall not be responsible for any impact or loss resulting therefrom.

2.6.3 When using a third-party application, you shall: A. use your own account with the third party (i.e., Facebook, Google or Instagram) to login to our products; B. consent to the third-party application’s use of your personal data to provide you with the access to our products and services. If you do not agree to the third parties’ privacy practices, do not use their applications to login to or access our products and services.

2.6.4 Any and all disputes arising out of or in connection with your use of third parties’ applications shall be resolved by you and the third parties; and in no event shall APP be responsible for any losses and damages resulting from such use.

III. INTELLECTUAL PROPERTY

3.1 APP owns all rights to APP products (including but not limited to intellectual property rights and ownership). All copyrights and all other intellectual property rights of APP, and all information related to APP, including but not limited to: words and their combinations, icons, ornaments, color combinations, interface designs, layout frames, relevant data, printed materials, or electronic documents are protected by the copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and relevant international treaties.

3.2 The entire contents, features, and functionality of our products (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by APP, except those uploaded by users or explicitly identified as being provided by third parties.

3.3 “Allegany Physical Performance,” and all related names used within the logos, product and service names, designs, and slogans relating to or used in connection with APP’s business operation are trademarks of APP and its licensors. You must not use any of the aforementioned marks without the prior written permission from APP.

3.4 APP reserves and shall retain its entire right, title, and interest in and to the products and services, including all copyrights, trademarks, patents, patent applications and other intellectual property rights therein or relating thereto. APP does not grant you any intellectual property rights because of this Agreement or by providing the related products and services to you. The rights not expressly granted to you herein are reserved by APP.

IV. PRIVACY POLICY

4.1 The protection of user personal information is a basic principle of APP. APP will collect, use, store, share, transfer and otherwise process your personal information in accordance with the provisions of this Agreement, the Privacy Policy and applicable data protection laws. If the provisions of this Agreement in relation to the protection of personal information are in conflict with the Privacy Policy, or the contents of this Agreement in relation to the protection of personal information are not expressly specified, the content of the Privacy Policy shall prevail.

4.2 You may need to fill out some necessary information in the process of registering your account or using APP products and services. You may be required to provide information about your true identity if the local laws and regulations applying to you require you to do so. If you provide incomplete information, you may not be able to use APP products or services or be limited in the course of use.

4.3 APP will not transfer or disclose your personal information to any unrelated third party unless:

4.3.1 Relevant laws and regulations or the requirements of the courts and government authorizations require us to do so;

4.3.2 Transfer is performed to complete the merger, division, acquisition or transfer of assets;

4.3.3 In order to provide you with our services (i.e., transferring data to third party providers we use);

4.3.4 Other circumstances where APP determines that it is necessary and does not violate the mandatory provisions of applicable data protection laws and regulations.

4.4 APP attaches great importance to the protection of minors’ information. If you are a minor under a certain age depending you are located, you should obtain the consent of your legal guardian prior to using the APP service.

V. USER ACCOUNTS, PASSWORD, AND SECURITY

5.1 Registration Qualification

You confirm that you shall be a natural person, legal person or other organization with full capacity to register with our products and services. If you do not have the aforementioned capacity, you (or your guardian if you are a minor) shall be responsible for all the consequences resulting from it, and APP shall have the right to cancel or permanently freeze your account and retain the right to claim damages from you or your guardian. Individuals under age of 16 may only use our products and services with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

5.2 Registration and Account

To have a full access to our products and services, you may be asked to provide certain registration details or other information. It is a condition of your use of our products and services that all the information you provide is correct, current, and complete.

5.3 APP reminds you to protect your account and password and do not disclose the account number and password to others. You are responsible for keeping your account and password confidential and responsible for all activities that occur under your account and password (including but not limited to, information disclosure, information dissemination, online Click Approval or submission of various rule agreements, online renewal agreements or purchase services, etc.). APP cannot and will not be liable for any loss you incurred as a result of your failure to comply with the provisions of this Agreement. If you find any unauthorized use of your account and password, you must immediately notify APP. You can submit your request. You must understand and agree that APP may take a period of time to act upon your request and APP will not be liable for any adverse consequences that you have incurred before APP takes any action.

5.4 You can use a user name with the account. The user name you use shall not infringe the rights and interests of others. If the user name you use is alleged to infringe upon the rights and interests of others, APP has the right to terminate portions or all of the services. You shall be responsible for any loss and adverse consequences arising from it.

VI. USER’S INSTRUCTION

6.1 You agree to use APP products and services in compliance with the following provisions:

6.1.1 You agree to comply with all applicable laws and regulations, APP’s rules and requirements, and this Agreement; you agree not to take any actions contrary to public interests or violate the rights and interests of others.

6.1.2 Unless otherwise agreed by you and APP, you shall not make commercial use of any data/information acquired from APP, including but not limited to the use of the information or courses displayed in our products and services in any manner, such as reproduction and dissemination, without the prior written consent of APP.

6.1.3 You agree not to use any device, software or program to intervene or attempt to intervene in the normal operation of APP or any transactions or activities being carried out on our products and services.

6.1.4 Except as otherwise required by law, no individual or organization may in any way copy, reprint, quote, link, crawl or otherwise use the contents of our products and services, in whole or in part, without express written permission by APP.

6.2 You fully understand and agree:

6.2.1 If you violate the foregoing undertakings and any other terms of this Agreement, you shall be solely responsible for all consequences, and shall indemnify and hold harmless APP from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms.

VII. DISCLAIMER

7.1 You understand and agree that the use of APP may encounter force major and other risk factors to cause interruption or delay. APP will strive to repair products and services. However, APP may be exempted for such damages caused according to local laws.

7.2 Within the scope of law, APP is not liable for termination of service or obstruction caused by the following circumstances:

7.2.1 Computer virus, Trojan horse or other malicious program and hacker attack;

7.2.2 User’s computer software, system, hardware and communication lines;

7.2.3 Improper operation of users;

7.2.4 Use of the service is in a way without APP’s authorization;

7.2.5 Others that we cannot control or reasonably foresee.

7.3 You understand and agree that using APP products and services may encounter network information or the risks and damage by other users. APP is not responsible to the authenticity, applicability, legality of such risks and damages. These risks and damages include but are not limited to:

7.3.1 Information that contains threats or defamation from anonymous or false impersonation;

7.3.2 Any psychological, physical or financial damage caused because of other user’s misleading.

7.4 APP has the right, but not the obligation, to take actions regarding any unlawful content, product or service according to this Agreement. APP does not guarantee timely response to any violation of this Agreement.

7.5 Third parties shall be solely responsible for their products and services made available through our products and services.

7.6 Disclaimer of Warranties. OUR PRODUCTS AND SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, APP, ON ITS OWN BEHALF AND ITS LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, PHYSICAL REHAB FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, APP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

7.7 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APP OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES FOR:

a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS AND SERVICES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

7.8 Limitation of liability regarding the rehab programs offered by APP. By registering an user account, you fully understand that the rehab programs offered by APP directly (including the exercises programs prescribed by your linked clinic) are:

7.8.1 not evaluated by FDA or other medical organizations.

7.8.2 having no guaranteed effects.

7.8.3 APP is not taking any responsibility regarding any claims, exercises recommendations/prescriptions and/or advices made by your linked clinics.

VIII. SUSPENSION, ALTER OR TERMINATION

8.1 You should lawfully use products and services; otherwise, APP has the right to take the following measures:

8.1.1 Suspend or restrict your right to use our products and services, including but not limited to restricting your ability to use certain features or functionality of our products and services;

8.1.2 Terminate your right to use our products and services.

8.2 APP has the right to suspend, alter, terminate its products or part of its functions in accordance with its development plan, and to decide whether or not to provide certain products and services. APP does not have an obligation to notify you about the foregoing information.

8.3 Unless stipulated by the local law, you have the responsibility to back up the data stored in APP. When your service is terminated, APP has the right to permanently delete all relevant data of you from the server, and does not have the obligation to return or in any form provide to you, except as otherwise provided by our Privacy Policy.

IX. SUBSCRIPTIONS

9.1 We Offer In-App Purchases and online credit card transaction with the selection of Monthly subscription and Yearly Subscription.

9.2 The subscription costs $19.99 per month and may change with further notice.

9.3 The subscriptions are automatically renewed unless turned off at least 24 hours before the end of the current period.

9.4 Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.

9.5 A Trial may be offered with the Monthly Subscription. If you do not cancel the subscription before the end of the Free Trial period, the monthly subscription will auto renew and you will be charged.

9.7 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that service.

9.8 We reserve the right, at our sole discretion, to modify or adjust current and future pricing models for the use of our service, at any time.

X. REFUND POLICY

10.1 All fees and charges are non-refundable and there are no refunds or credits for partially used periods. The service and your rights to use it expire at the end of the paid period of your subscription.

10.2 Please be noted that automatic renewal of the service might occur for in-app purchases made through App Store and Google Play Store. In such case, refunds will not be issued. Users are responsible for cancelling future renewals at the relevant APP market.

XI. APPLICABLE LAW AND DISPUTE RESOLUTION

11.1 This Agreement is signed in Hagerstown, MD, USA.

11.2 The laws of the United States and Maryland State shall govern the formation, performance, and interpretation of this Agreement and any dispute arising out of or in connection with this Agreement.

11.3 If any dispute or dispute arises between you and APP, you may choose to negotiate with us, or to submit the dispute to the. The arbitration shall be final and binding on both parties.

XII. OTHERS

12.1 If any terms in this Agreement are invalid or not enforceable for any reason, it shall not affect the binding force of the remaining provisions.

12.2 The title of the terms of this Agreement is provided for readability only and shall not be construed as a basis for interpreting the terms of this Agreement.

PRIVACY POLICY

Last modified: July 9th 2021

INTRODUCTION

This Privacy Policy informs you of your choices and how Allegany Physical Performance, LLC. (also referred to as “APP”, “we” or “us”) make use of any information you provide to us. It is a big responsibility to try our best to protect your information and put you in control.
We may from time to time revise or add specific instructions, policies, and terms to this Privacy Policy. Whenever we make any changes to this Privacy Policy that are important for you to know about, we will notify you via our mobile applications or websites (collectively “APP Platform”) or other means before the changes become effective. Your affirmative action to accept the updated Privacy Policy means that you agree with the changes to this Privacy Policy and would like to continue to use our products and services.
Please read this Privacy Policy carefully. If you do not agree with any part of this Privacy Policy, please do not access or use any of the products and services.
If you have any question about this policy, please send email to: support@mydailyperformance.com.

COLLECTION OF INFORMATION

Why We Collect Information From You
APP collects and uses your personal information for the following reasons:

Perform software verification and upgrade services;
Improve your security or provide customer support;
When providing specific services at your special request such as link your with your local clinic, it is necessary to provide the information to APP or third parties or other users associated with it;
The use of various personal data for commercial purposes, including but not limited to providing value-added services, advertising, marketing, joint registration, promotional or other activities to third parties;
At the request of the judicial or the Government authorizations;
To improve the user experience;
Other circumstances which benefit the users and APP, and do not violate any applicable laws and regulations.
Maintain and improve our services. We use your information to ensure our services are working as intended, such as troubleshooting issues reported from you.
Develop new services. We value every training information you uploaded as it is crucial for us to better understand which training class is more helpful to you. With adequate data support, we will create and update more popular training classes for you to take.
Personalized service.

What Information We Collect From You
We collect information from you when you use APP Platform – for example, when you:

Register to use APP Platform;
Log into APP Platform with third party platform accounts;
Use APP Platform;
Communicate with us.
The following sets out how we collect such information from you as you use APP Platform. The remainder of this Privacy Policy sets out further information regarding some of these categories.
Registration and Account Information. You must register for a APP account in order to use APP website services and mobile applications. To register, you need to provide certain personal information, such as your email, password, gender and zip code.

Social Connect. When you choose to connect your third party social media account to your APP account, we may collect certain information including where applicable, your user name, email address, phone number, language preference, profile photo from your account with that social media platform – for example, to facilitate your login to APP Platform with that account.

Using APP Platform. We collect information from and about you through your use of APP Platform. For example, we may collect personal information with APP via the following:

Information you make available to us when you open an APP account, as set out above;
Any information included in your publicly visible APP profile, which may include your profile ID, name and photo;
Information you make available to us via your use of APP – for example, via: a) Your sharing of your contact list with APP in the “Recommended Friends” function in order to connect with other APP users; b) If applicable, making purchases within APP, including your credit card or bank details and information about the purchases that you make;
Information we collect in the course of you using APP – such as certain location data and log data;
Information you provide through your communications with our customer support team.

Purchases via APP (if applicable). When you make purchases through APP, you may need to provide certain personal information to complete the purchase, such as your credit card information, bank account information. Where the payment is processed by a third-party payment service provider, we do not collect or store such personal information, though we may receive summary information about the transactions. Where we or our affiliate companies process your payments as a payment service provider, or where we fulfill any purchases you have made on APP, we may collect, use and store your personal information in order to fulfill such purchases.

Location Data, Log Data and your device. APP may collect Log Data from your device to enable and assist APP’s functionalities. In addition, you may also permit APP to access other content and data on your device – for example, your photo storage.

Contact Information. We will upload your contacts information to our server to match candidates, if you permit APP to sync contacts and connect with your friends on APP. We will not share your personal contacts with others or use it for other purposes.

Cookies. Our site uses cookies or similar technologies. Please check our Cookie Notice for further details.

Where we collect personal information to administer our contract with you or to comply with our legal obligations, the information collection is mandatory and we will not be able to provide you with the requested services without this information. In all other cases, provision of the requested personal information is optional, but it may affect your ability to use certain services or to participate in certain programs or systems, where the information is needed for those purposes.

SHARING INFORMATION

Other than consented by you, we commit that we will not sell your personal information to any other third parties for their processing for any purposes. We will ask for your explicit consent to share any sensitive personal information such as race, religion, sexual orientation, or health.

Depending on where you are, we may share your personal data with our affiliates so that we can response to your request, provide our services or for our wider business purposes. You can obtain the identity and contact details on our affiliates with who we share your personal data by contacting us using the details set out below in the “CONTACT US” section.

We will not disclose or transfer your personal information to any non-affiliated third parties, unless:

Sharing What You Choose

You may choose to share certain information. In order to participate in certain features, you may have to adjust your Privacy settings and share more information. You may also choose to share your activity on other platforms, such as Facebook, Twitter or Instagram. Please read the privacy policies of those platforms, as your activity published on those platforms will no longer be governed by this Privacy Policy.

Legal Reasons

We will share personal information if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to a) meet any applicable law, regulation, legal process, or enforceable governmental request, or b) detect, prevent, or otherwise address fraud, security, or technical issues, or c) protect against harm to the rights, property or safety of APP, our users, or the public as required or permitted by law.

External Processing

To provide you with a better experience through improving our products, services, content, and advertising or otherwise where you have consented, we may share the personal information with our affiliate companies, joint venture partners and third-party service providers (in particular, site hosting, backend service provider, analytics service providers), contractors and agents, and use it consistent with this Privacy Policy.

Business Transfers

If APP is involved in a merger, acquisition, or sales of assets, we will continue to ensure the confidentiality of your personal information and give affected users notice personal information is transferred or become subject to a different Privacy Policy in advance.

MANAGING, REVIEWING, OR UPDATING YOUR INFORMATION

When using our products and services, you can always manage, review and update information in your account, for instance, you can manage your personal information at any time, such as your APP ID and photo. In the meanwhile, you are responsible for the truthfulness, legality, validity and completeness of the information you provide, and update and maintain your personal information in a timely manner to ensure the truthfulness, and validity of the information.

EXPORTING, REMOVING, OR DELETING YOUR INFORMATION

You can export a copy of the content in your APP Account if you want to back it up or use it with a service outside of APP. We will help you export the information based on applicable law and your specific request. You can also remove or delete specific contents from your account or delete your APP account entirely. In some cases, we retain data for limited periods when it needs to be kept for legitimate business or legal purposes or to be protected from accidental or malicious deletion, there may be delays between when you delete something and when copies are deleted from our active and backup systems.

PROTECTING INFORMATION

Security Measures

We use a variety of security measures, including encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information (if applicable) you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within our databases.

No Guarantee

However, like other companies, we cannot guarantee 100% the security or confidentiality of the information you provide to us.

Data Transfers

We maintain servers around the world and your information may be processed on servers located outside of the country where you live. Regardless of where your information is processed, we apply the same protections described in this policy. We will also keep this Privacy Policy in compliance with significant legal frameworks relating to the transfer of data. If we receive your complaints about data transfers, we will cooperate with appropriate regulatory authorities when we cannot directly resolve it. Using our services and submitting your personal data signify that you consent to the transfer, storage and processing of your personal data places where appropriate.

CHILDREN’S POLICY

We do not knowingly collect or solicit personal information from children under 16. If you are a minor, you can use the service only in conjunction with your parents or guardians. If we are aware that a child under 16 has provided us with personal identifiable information, we will delete such information from our files. We use your email address and, in rare situations your mailing address or phone number, to contact you regarding administrative notices from time to time.

THIRD-PARTY SERVICE PROVIDERS

To better enrich your experience, there may be products or services provided by third parties. You can choose whether to access such content or links, or whether to use the third party’s products or services. However, we do not have control over the products or services provided by third parties. We cannot control any of your personal information held by third parties. The information protection issues in connection with your use of any third-party products or services are not governed by this policy. This policy does not apply to any information you choose to provide to third parties.

APPLICATION

This Privacy Policy applies to all of the services provided by ALLEGANY PHYSICAL PERFORMANCE, LLC in connection with APP Platform . This Privacy Policy does not apply to products and services that have separate privacy policies that do not incorporate this Privacy Policy. For example, this Privacy Policy does not apply to a) the information of other companies and organizations (including the certified clinics in APP platform) services offered by other companies or organizations with our services to be displayed or linked.

YOUR RIGHTS RELATING TO YOUR PERSONAL DATA

You are entitled to the following rights:

right of access to your personal data;
right to data portability (i.e., you have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller);
right to correction if your personal data is not complete or accurate;
right to deletion or restriction of your personal data, as permitted by law;
right to object (i.e., objecting to our processing of your personal data) (e.g., in case we process your data for direct marketing purposes), as permitted by law.
Where we have asked for your consent, you may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your personal data based on the consent you provided before you withdrew it.

These rights are not absolute, they may be limited in some situations. For example, where we can demonstrate that we have a legal requirement to process your data or if making the information available to you would reveal personal data about another person or if we are legally prevented from disclosing such information. In some instances, this may mean that we are able to retain data even if you withdraw your consent.

We hope that we can satisfy any queries you may have about the way we process your data. In the event you still have unresolved concerns, you also have the right to lodge a complaint with a supervisory authority, in particular to the data protection authority in the country of your habitual residence or place of work.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please refer to CALIFORNIA SPECIFIC TERMS: PRIVACY DISCLOSURES below.

MARKETING

If we are legally required to do so, we will seek your prior consent before providing you with promotional materials or information. You may withdraw your consent at any time (this will not affect the processing of your Personal Data undertaken until the withdrawal). If you want to stop receiving promotional materials, etc., you can do so at any time by communicating with us.

DATA RETENTION

We will retain your personal data for as long as is necessary to carry out the purposes set out herein. Generally speaking, this means that we will keep your personal data for as long as you maintain an account. We will also retain your personal data deemed necessary to comply with legal obligations, settle disputes, and enforce agreements.

We will store data about your visit and use of the APP Platform and for the secure provision and use of the APP Platform for 6 months following your last visit to our App.

Where applicable, we will delete your personal data upon your request.

If you wish to obtain further information about the retention periods as applied to your personal information, you may contact us at support@mydailyperformance.com

CONTACT US

The data controller for your personal data will be ALLEGANY PHYSICAL PERFORMANCE, LLC. If you have questions about this privacy notice or wish to contact us for any reason in relation to our personal data processing, please contact us at support@mydailyperformance.com

CALIFORNIA SPECIFIC TERMS: PRIVACY DISCLOSURES

If you are a California resident, the following additional privacy disclosures under the California Consumer Privacy Act of 2018 (“CCPA”) and other California laws may be applicable to you and allow you to exercise your rights regarding your personal information.

1. INTRODUCTION

If the CCPA is applicable, you have the right to know and understand how we collect, use, disclose, and share your personal information, to access your information, to request that we delete specific information, to exercise your rights to opt-out, and also not be discriminated against when exercising your privacy rights granted under the CCPA.

2. CATEGORIES OF INFORMATION WE MAY COLLECT

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly, or indirectly, with a particular consumer, household, or device (“personal information”). We may have collected the following categories of personal information from users within the last twelve (12) months:

Identifiers: real name, alias or pseudonym, postal address, unique personal identifier, online identifier, IP address, email address, account username, or other similar identifiers.
Personal information categories listed in the California Customer Records statute, such as physical characteristics or description, address, cell phone number, and other personal information details that may overlap with other categories.
Demographic classification and information which may be protected by law, such as your gender, age, date of birth, health information, and physical characteristics (height and weight).
Commercial information, including your purchasing records, and browsing history.
Biometric information, such as your exercise, activity, sleep, or health data, including the number of steps you take, distance travelled, calories burned, weight, heart rate, sleep stages, active minutes, and any similar information.
Internet or other electronic network activity information, such as language settings and the usage data we receive when you access or use our services. This includes information about your interactions within the APP Platform, and about the devices and computers you use to access the APP Platform, as well as browsing history, and advertisement interactions.
Geolocation data, including GPS signals, device sensors, Wi-Fi access points, locational data via cell towers.
Electronic, visual, or similar information, such as your profile photo that you may have uploaded.
Professional or employment related information, if it was provided voluntarily by user on the profile.
Other information that you may have voluntarily provided, including information on your account, such as your biography, education background, hobbies and interests, and other personal details.
Inferences that can be drawn from any of the above categories, including a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We obtain the categories of personal information listed above from the following categories of sources:

Information and data directly provided by you on the APP Platform through registration, login, and profile.
Information and data indirectly from you through mobile devices, apps, websites, and other programs such as Health Kit (iOS), Facebook, Google.

Personal information does not include:

Publicly available information from government records.
Aggregated consumer information
Information excluded from the CCPA’s scope, like: health or medical information covered by HIPAA, clinical trial data, or other qualifying research data; and personal information covered by certain sector-specific privacy laws, including the FCRA, GLBA, or FIPA, and the Driver’s Privacy Protection Act of 1994.
To better understand how we collect your information, please review the general terms of the Privacy Policy.

3. PERSONAL INFORMATION WE MAY USE OR DISCLOSE

We may use, disclose, or sell (if authorized) the personal information we collect for one or more of the following business purposes:

To provide you with the products and services, to verify account information, or otherwise fulfill or meet the reason for which you provided the information.
To provide you with support and to respond to your inquiries, including to investigate user reported issues and address your concerns by monitoring and improving our responses to errors.
To provide, support, personalize, improve, analyze, and develop our products and services for user experience and operational stability.
To personalize user experience and to deliver content and products and service offerings relevant to your interests, including targeted offers and ads through our website, apps, third-party sites, and via email or text message (with your consent, where required by law).
To process your purchases, transactions, and payments and prevent transactional fraud.
To notify you about changes to our services, where applicable.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
To help maintain the safety, security, and integrity of our products and services, databases and other technology assets, and business.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To better understand how we use and disclose your information, please review the general terms of the Privacy Policy presented above.

4. PERSONAL INFORMATION THAT WE MAY SHARE

We may share your personal information by disclosing it to third parties for business purposes. We only make these business purpose disclosures under written contracts that describe the specific business purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the obligations under the contract.

As stated in the general terms of the Privacy Policy, we do not sell your personal information unless we obtain your consent. We do not knowingly collect personal information from individuals under age 16; and therefore, our personal information sales do not include information about individuals we know are under age 16.

In the preceding twelve (12) months, APP has shared (and sold with your consent, if applicable) the following categories of personal information to the following categories of third parties:

Personal Information Category

Category of Third-Party Recipients

Business Purpose Disclosures

Sales

A: Identifiers.

Fitness applications such as Apple HealthKit, and Google Fit

Facebook, Twitter, and other advertising networks

Social platforms

App platforms such as Apple Store and Android Play Store

Data analytics providers

Backend service providers

N/A

B: California Customer Records personal information categories.

Fitness applications such as Apple HealthKit, and Google Fit

Facebook, Twitter, and other advertising networks

Social platforms

App platforms such as Apple Store and Android Play Store

Backend service providers

N/A

C: Protected classification characteristics under California or federal law.

Fitness applications such as Apple HealthKit, and Google Fit

Backend service providers

N/A

D: Commercial information.

App platforms such as Apple Store and Android Play Store

Backend service providers

N/A

E: Biometric information.

Fitness applications such as Apple HealthKit, and Google Fit

Backend service providers

N/A

F: Internet or other similar network activity.

Fitness applications such as Apple HealthKit, and Google Fit

Facebook, Twitter, and other advertising networks

Social platforms

Data analytics providers

Backend service providers

N/A

G: Geolocation data.

Backend service providers

N/A

H: Sensory data.

Backend service providers

N/A

I: Professional or employment-related information (if voluntarily provided).

Backend service providers

N/A

J: Non-public education information (if voluntarily provided)

Backend service providers

N/A

K: Inferences drawn from other personal information.

Backend service providers

Data analytics providers

N/A

5. YOUR RIGHTS AND CHOICES

Right to Know and Data Portability

The CCPA provides California residents specific rights to know about our collection and use of their personal information over the past twelve (12) months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

The CCPA provides California residents specific rights to delete their personal information that we collected from them and retained, subject to certain exceptions (the “right to delete”). We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

How to Exercise the Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

Emailing us at support@mydailyperformance.com; or
Completing our Contact Form in the APP Platform.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

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, which may include: your identification information, a signed permission authorizing the representative to submit the request on your behalf, and any other information permitted or recommended by the CCPA and any applicable regulations.
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. However, we may consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format regarding Requests to Know or Delete

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us via email support@mydailyperformance.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we may deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out Rights

Under the CCPA, consumers have the right to direct us to not sell their personal information at any time (the "right to opt-out"). As stated in the general terms of our Privacy Policy, we do not sell your personal information of consumers unless we obtain consent for the sale. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise your right to opt-out provided under CCPA, you (or your authorized representative) may submit a request to us by visiting the following:

“DO NOT SELL MY PERSONAL INFORMATION”

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

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. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights

Shine the Light Law Disclosure.
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our products and services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@mydailyperformance.com.

“Do Not Track” Disclosure.
We do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal identifiable information about an individual consumer's online activities over time and across third-party websites or online services.

When you use our products and services, certain third parties may use automatic information collection technologies to collect information about you or your device. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Eraser Law Disclosure.

If you are a user under the age of 18, you can send a request to remove any content or information you posted on our platforms for the products or services via email to support@mydailyperformance.com. Please notice that the removal does not ensure complete or comprehensive removal of your posted content or information.

6. CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the APP Platform, and update the notice’s effective date. Your continued use of our products and services following the posting of changes constitutes your acceptance of such changes.

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