Elite Concepts Physical Therapy and Performance (“we,” “our,” “us”) values you as our client.  This privacy policy covers what information we collect and why we collect it, how we use the information we collect, and the choices you have to access and update that information. Please familiarize yourself with our privacy policy and practices.  By using our sites and services, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this privacy policy. If you do not agree to this privacy policy, please do not use our site.

Please also note that while our privacy practices are outlined below, they may differ from those of our affiliates, who may also be collecting and using your information in helping to power our sites and services.

Personal Information We Collect

In general, you can visit our site without telling us who you are or revealing any personal information about yourself. If you are using our site for access to our courses or a Membership programs, we may require certain personal information from you.  Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our site and services, we may ask for the following personal information directly from you:

  • Contact Information allows us to communicate with you and generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers.
  • Payment Information needed to process payments such as your credit or debit card number, expiration date, and card verification number.
  • Health and/or Fitness Information that you voluntarily provide when taking online courses from us.
  • Transaction Information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business affiliates, and service providers.
  • Geographic Location Information but only if your mobile or other device transmits location data and/or your IP address, and you have activated a location-enabled site or service.
  • Survey Data for some courses and services, which generally includes questions and responses.
  • Other Submissions you voluntarily provide, generally through free form text boxes, forums, uploading a document or authorizing us to retrieve and import information from another user or third party on your behalf.

In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it.

 

How We Use Personal Information

The information gathered from your use of our site, or provided by you, may be used:

  • to provide you with fitness and injury prevention educational services
  • to provide you with information about products, services, news and events;
  • to allow you to use, purchase, and/or download products and services;
  • to analyze use of our services and products, develop new services and products, and customize our products, services, and other information we make available;
  • to send you important notices, such as communications about changes to your account, and our site’s and services’ terms, conditions, or policies;
  • to solicit input and feedback to improve our sites and services and customize your user experience;
  • to administer surveys, giveaways, contests, or similar promotions or events sponsored by us or our affiliates;
  • for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications;
  • to use anonymized personal information to run (or authorize third parties to run) statistical research on individual or aggregate trends.

In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.

 

Sharing Personal Information

We may share personal information about you with third parties in the following circumstances:

  • We may engage third parties to perform services on our behalf, including maintenance services, hosting, data storage, security, analytics and data analysis, payment processing, assisting in marketing efforts, email and text message distribution, customer service, providing certain interactive tools, and conducting surveys.
  • If you participate in our courses through your employer, we may share your comments about our services, survey data and program participation results with your employer.  We will not share your personal health information with your employer that you voluntarily share with us through our website unless we de-identify you or obtain your consent.  You should be aware, however, that any comments you post on our private FaceBook page for our courses may be read by any other course participants, which may include your employer.  Also, please note that all Facebook posts are subject to Facebook’s privacy policy.
  • Your personal information, and the contents of all of your online communications on or through our sites and services may be accessed and monitored as necessary to operate our sites and perform our services, and may be disclosed:
    • to satisfy any applicable laws or regulations,
    • for any purpose outlined Terms of Use Agreement
    • to defend ourselves in litigation or a regulatory action,
    • in order to protect our intellectual or other property rights or the rights of our affiliates, including to enforce our site’s or service’s Terms of Use,
    • when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant),
    • where we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management, and
    • when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally.
  • We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
  • We may affiliate with other businesses to assist us in our marketing, communications, and sales efforts, and may share information about you for these purposes. If any of those communications require us to obtain your authorization to disclose your personal or health information, we will obtain your authorization first.
  • In addition, information about our users, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of our business assets.

 

Other Information We Automatically Collect and Cookies

We may also collect certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it.

In addition, we may collect information about how you use our site such as the date and time you visit the site, the areas or pages of the site that you visit, the amount of time you spend viewing the site, the number of times you return to the site, visits to sites outside our network, and other click-stream data. Some of this data may be shared with affiliates or your employer, if your access to our courses is through your employer. Again, if your consent or authorization is required under state or federal laws, we will obtain your consent or authorization first.

Cookies

We use cookies and other tracking technologies (including browser cookies, pixels, beacons, mobile application identifiers, and Adobe Flash technology) provided by our affiliates to help us recognize you across different sites and services, improve your experience, increase security, measure use and effectiveness of our services, and serve advertising. Cookies also help us know how our site or marketing efforts are working, but these cookies generally do not collect any personal information about you. By visiting our sites and services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this privacy policy and our Cookie Policy. You can choose to accept or reject cookies by adjusting your cookie settings for the browser you use.

Do Not Track

We do not currently actively respond to “Do Not Track” browser signals or mechanisms that indicate a request to disable online tracking of individual users who use our sites and services.

 

Email and Other Communications

Opting Out of Requested Communications

Requested communications include, for instance, email newsletters that may be expressly requested by you or which you consented to receive. After you request such communications, you may “opt out” of receiving them by using one of the following methods:

  • Select the email “opt out” or “unsubscribe” link, or follow the opt-out instructions included in each email communication.
  • To unsubscribe from text messages delivered to mobile devices, if any, reply to the message with the words “STOP” or “END.”
  • Return to the web page(s) where you originally registered your preferences and follow the opt-out instructions.
  • Contact us. Please provide your name, contact information, and specific relevant information that you no longer wish to receive.

Keep in mind, this opt-out does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us.

Opting Out of Transactional or Relationship Communications

Communications that are sent by us, such as reminders and cancellations, are indicated as being from us and may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates. You may not be able to opt out of receiving certain messages although our services may provide a means to modify the frequency of receiving them.

Opting Out of General or Promotional Communications

General communications provide information about products and services and may include special offers, new product or service information, or invitations to participate in research. You may opt out of receiving these general communications by using one of the following methods:

  • Select the email “opt out” or “unsubscribe” link, or follow the opt-out instructions included in each email communication.
  • To unsubscribe from text messages delivered to mobile devices, reply to the message with the words “STOP” or “END.”
  • Contact us. Please provide your name, relevant contact information, and specific relevant information about your privacy preferences.

 

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal requirements).  When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Rights You Have Over Your Personal Information

If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. Alternatively, we may provide you with access to your personal information and you can review, correct or delete it.  This does not include any data we are obliged to keep for administrative, legal, or security purposes.  Further, we take no responsibility for removing or editing any of your public activities or any submissions or content that is a result of your public activities, except as provided in this privacy policy or the sites or services’ terms of use.  We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).  We will retain your personal information for the period necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by applicable law.

 

Data Protection Rights

Our services and courses are not targeted at individuals outside the United States.  However, if you are a resident of the European Union, you will have the following data protection rights:

  • If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided in this policy.
  • In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided in this policy.
  • If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

 

International data transfers

Our website is hosted by a third party that may have servers outside the United States.  Therefore, your personal information may be transferred to, and processed in, countries other than the country in which you are resident.  These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).  However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice and applicable laws.

 

Protecting Your Personal Information

The security of our site and services and the information they store, process and transmit is a top priority. We utilize reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable personal and/or health information residing on and processed by our site and services. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we may deploy a wide range of technical, physical and administrative safeguards as are reasonably necessary or required by applicable law to minimize risk.  It is important to note, however, that the Health Insurance Portability and Accountability Act of 1996 (or “HIPAA”) does not apply to the courses we provide through our site since those services are not considered health care services.  It is also important to remember that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services.   We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal or health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should consider carefully if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our sites and services is solely at your risk.

 

Linked Sites and Services

Our sites and services may link to other sites or services operated by our affiliates or third parties, and may carry advertisements or offer content, functionality, newsletters, contests or sweepstakes, or applications developed and maintained by third parties. We do not exercise control over third party sites or services. We are not responsible for the privacy practices of any such third parties. Once you leave our sites or services via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of the third-party’s site or service. The fact that we link to a site or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.

We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.

 

Children’s and Minor’s Privacy

At Elite, we do not intend to collect any information from children under the age of 13 unless the information is collected from a parent or guardian. While we cannot stop a child from accessing our site, do not collect any personal information without making it clear that the person providing the information must be at least 13 years old. If you are under 13, please do not disclose or provide any information. If we learn that we have collected personal information from a child under 13, we will take steps to promptly delete the information.  The only exception to this policy is if a parent or guardian has signed their child (under the age of 13) up for one of our courses – in which case, the parent or guardian has consented to the disclosure of the personal information.  Our use and disclosure of information on children under 13 pursuant to the consent of a parent or guardian is subject to these same privacy policies.

 

Contacting Us

If you have any questions or concerns about this privacy policy or our practices, please contact us at:

 

Elite Concepts Physical Therapy and Performance

Attn:  Leslie Desrosiers

779 Trailside Place

San Marcos, CA 92078

ACLStrong1@gmail.com

(760)290-9300

 

Changes to This Privacy Policy

We may revise this privacy policy from time to time and, if we do, we will update it on this page and modify the “Last Updated” date. If our information practices change in a significant way, we will provide a more prominent notice. Because our privacy policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you. Your use of our sites and services following any such change constitutes your agreement that all information collected from or about you through our sites and services after the revised privacy policy is posted will be subject to the terms of the revised privacy policy.

 

Last Updated: September 4, 2018