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Privacy Policy

Last Revised: June 22, 2021

Thank you for visiting the Privacy Policy of LeftBrain Performance, Ltd..(“LeftBrain”). LeftBrain values your privacy, and wants you to feel comfortable and secure doing business with us and using our websites, including www.leftbrainperformance.com and any other LeftBrain website or application which links to this Policy (the “LeftBrain Websites”). This Privacy Policy describes our practices and governs the use of personal information we collect from you or about you through the LeftBrain Websites, written or oral communications, or from other sources. This Privacy Policy also explains the rights you have over your personal information and how you can opt out of certain uses and disclosures of your personal information, and, as a courtesy, provides a number of useful links to third party information regarding privacy protection. However, LeftBrain does not assume any responsibility for the accuracy and/or completeness of such third party information.

Who We Are and Websites We Own and Operate

LeftBrain is a Canada-based provider of a unique ‘fit’ assessment targeted to aspiring student-athletes.

This Privacy Policy applies to consumers and visitors of the LeftBrain websites in the United States and Canada only. Links within these sites could direct you to third party websites thatLeftBrain does not own or control. LeftBrain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, which may employ cookies and/or collect personal information. In addition, LeftBrain will not and cannot censor or edit the content of any third party site. We encourage you to be aware when you leave the LeftBrain Websites, and to read the privacy policy of each website that you visit. LeftBrain affiliates may have their own privacy policy governing websites other than the above LeftBrain Websites.

By further browsing, creating an account, or registering on the LeftBrain Websites, or contacting LeftBrain Customer Service, you agree to this Privacy Policy and consent to the collection and use of your personal information as described in this Privacy Policy, to the extent allowable by law. Where legally allowed only with your express consent, we will affirmatively ask for your consent. Should we make any substantial changes in the way we collect and/or use any personal information we will amend this Privacy Policy, and we may email you to notify you of such changes, and your continued use of any LeftBrain Websites constitutes your consent to the amended Privacy Policy.

This Privacy Policy addresses the following topics:

Why We Collect Information

Information We Collect

Information We Collect Automatically

Chat Rooms and Forums

Computer Profiles

How We Collect Information

Children’s Online Privacy Protection

Use of Cookies

Use of Web Beacons

Advertising and Online Tracking

Use of IP Addresses

How We Use the Information We Collect

How We Share Your Information

Aggregate Information

Unsolicited Email

Your Rights & Choices About the Information We Collect

Your Rights & Choices for Marketing Communications

Retention of Personal Information

Transfer and Processing of Information in the United States

Security

Questions & Changes to Privacy Policy

Why We Collect Information

In this Privacy Policy, “personal information” means any information that can be used to identify you. This information may include your name, address, telephone number, email address, IP address, date of birth, gender, nationality, occupation, personal identification details, photographs, video, preferred communication methods, payment information, and any other type of information that you choose to provide to us, or that we may collect through other public sources.

LeftBrain collects personal information because it is necessary to enable us to deliver products and services. For example, if you order a product, we need to have information such as your billing address, product choice and payment processing information. Your personal information also helps us communicate with you about our latest products, services, and other information you might like to know about, if you so choose.

Additionally, we collect your personal information to help us design, deliver operation of, and tailor your experience on the LeftBrain Websites. We may also correlate the personal information you have provided with information from other sources, which may help us to develop a more targeted user profile concerning you and/or your demographic information. For example, if you provide us with your personal information, we may crosscheck that against information that might otherwise be available through entities with whom we have a business relationship in order to develop a more in-depth demographic profile of you. We may also process personal information to target specific items of interest to you.

Information We Collect

Whenever you send us an email, purchase a product from a LeftBrain Website, register on one of the LeftBrain Websites, submit data through one of our applications, call Customer Service, subscribe to one of our newsletters, interact with us via a social networking service, or otherwise transmit information via any of the LeftBrain Websites, LeftBrain may obtain and collect your personal information, such as the following:

  • Your first and last name;
  • Your contact details, including your postal address, telephone number, and email address;

Information We Collect Automatically

We do not automatically collect your home address, email address, telephone number, and product preferences unless you voluntarily input this information, such as when creating an account, placing an order, or when you submit questions or comments, request information, or participate in online surveys, contests, promotions or other activities. However, as is true of most websites, the LeftBrain Websites collect certain information automatically and store it in log files by using cookies and other automated technologies. 

In addition to any personal information or other information that you choose to submit to the LeftBrain Websites, we may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the LeftBrain Websites or one of our advertisements or other content elsewhere online (collectively referred to as “Usage Information”). Usage Information may include the browser, search terms you use; the URL that referred you to a LeftBrain Website; all of the areas within theLeftBrain Websites that you visit, the time of the visit, the links you select from the LeftBrain Websites to elsewhere online, among other information about your visit.

Our systems may also automatically collect your IP address or other unique identifier of your computer, cell phone, or other device used to access the LeftBrain Websites (collectively referred to as a “Device Identifier”).

Usage Information and Device Identifiers may be non-identifying or may be associated with you and therefore identifiable. Whenever we associate Usage Information or a Device Identifier with you, as an individual and identifiable person, we treat it as personal information.

Note that your browser settings may allow you to transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the LeftBrain Websites do not respond to a “Do Not Track” signal from a visitor’s browser. 

Chat Rooms and Forums

The LeftBrain Websites may now, or in the future, include chat rooms, forums, message boards, and/or news groups. Any information you disclose in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive unsolicited emails or “spam” from others. LeftBrain cannot safeguard the privacy of personal information you choose to disclose online in this manner.

Computer Profiles

LeftBrain may also collect and accumulate other anonymous data that helps us understand and analyze the Internet experience of our visitors. For example, we may accumulate visitor data relating to referring domain names, the type of browsers used, operating system software, screen resolutions, color capabilities, browser plug-ins, language settings, cookie preferences, search engine keywords and JavaScript enablement.

How We Collect Information

We collect information in three primary ways:

  • You give us information: We collect information from you when you create an account with us, sign up to receive marketing communications, purchase a product from us, or when you interact with us about a product, service, or promotion we offer.
  • We collect information automatically: We automatically collect certain types of personal information when you visit the LeftBrain Websites. For example, we automatically collect various types of technical information when you use the LeftBrain Websites as described in this Privacy Policy.
  • We collect information from other sources: We may obtain information about you from outside sources. For example, we may obtain commercially available information about you from third parties, such as demographic information for advertising and marketing purposes. We may also receive information from third parties who provide third-party tracking services through web-beacons as otherwise discussed in this Privacy Policy.

Children’s Online Privacy Protection

LeftBrain does not knowingly collect contact or personal information from children under 13. Nor are the LeftBrain Websites intended to solicit information of any kind from children under 13. If we become aware that we have inadvertently received information from a child under 13, we will delete such information from our records. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at privacy@leftbrainperformance.com

Use of Cookies

Our browser software transmits “cookies.” If enabled, cookies may store small amounts of data on your computer about your visit to any of the LeftBrain Websites. Cookies assist us in tracking which of our features you visit most often and what content you may have viewed during past visits. When you re-visit the LeftBrain Websites, cookies can enable us to customize our content according to your preferences. We may use cookies to:

  • keep count of return visits to the LeftBrain Websites;
  • accumulate and report anonymous, aggregate, statistical information on website usage; and
  • deliver content and advertising specific to your interests or past viewing history

You can disable cookies. By modifying your browser preferences, you can accept or reject cookies, or request a notification when a cookie is set.

Use of Web Beacons

The LeftBrain Websites and certain emails sent to consumers who have not disabled their browsers for web beacons and cookies contain electronic images (called “pixels”, “transparent GIF files”, or “web beacons”) that allow us to view and access cookies. In general, any electronic image viewed as part of a web page can act as a web beacon. A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In some cases, these files are provided by our online management partner. These files enable our online management partner to recognize a unique cookie on your web browser, which in turn enables us to learn which advertisements bring users to the LeftBrain Websites. The cookie was placed by us or by another advertiser that works with our online management partner. We may also include web beacons in HTML-formatted newsletters and other emails containing graphics that we send, so we may count the number of newsletters and emails that have been opened and read.

Advertising and Online Tracking

We may also use web beacons and cookies to understand your online behavior on the LeftBrain Websites and in communications with LeftBrain to tailor communications shown and sent to you advertising our goods and services. With both cookies and web beacons, the information stored by the web beacon or cookie does not contain your name, address, telephone number, or email address. Our systems do not recognize browser “Do Not Track” signals, but several of our service providers who utilize these cookies and other tracking technologies on the LeftBrain Websites enable you to opt out from receiving this type of advertising. 

If you would like to know more about how LeftBrain uses cookies and web beacons, including how to opt out of these technologies, please read our Cookies Policy. We also provide you with additional tools to opt out of receiving marketing communications from us, and certain disclosures of your information. Please see the “Your Rights & Choices for Marketing Communications” section of this Privacy Policy for more information.

Use of IP Addresses

LeftBrain does not store or record the Internet Protocol (“IP”) addresses of visitors to the LeftBrain Websites for marketing purposes, although we may store IP addresses in server logs for features such as to keep your shopping cart active, for system maintenance purposes, or to store the source location whenever someone provides personal information. An IP address is a number assigned to your computer whenever you access the Internet. An Internet Service Provider (“ISP”) typically assigns a random IP address to your dial-up. For local area network (“LAN”), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. We typically cannot determine your identity solely based upon your IP address. However, your IP address does reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, but these IP addresses do not tend to be associated with Internet users.

How We Use the Information We Collect

LeftBrain may use your personal information in the following ways:

  • to enable us to respond to you generally, or to process, validate and verify requests and/or purchase orders;
  • to perform any services requested by you;
  • to compile and/or distribute aggregate information about our website users and aggregate usage patterns;
  • to provide our own website designers with useful information for improving our websites and developing new features and services that meet your needs;
  • to tailor your experience on theLeftBrain Websites and our communications with you, showing you content and sending you information we think might interest you or altering the content and our communications according to your personal preferences and interests; and
  • to share with government agencies, law enforcement, or with third parties if we think we are legally obligated, or to protect ourselves. For example, we will disclose information in response to subpoenas, investigative requests, and reasonable discovery requests.

How We Share Your Information

LeftBrain may disclose your personal information to LeftBrain subsidiary and affiliated companies; as otherwise disclosed in this Privacy Policy; or with your express consent.

LeftBrain may also use your personal information for marketing and survey purposes on behalf of itself and its affiliates and subsidiaries; when legally required, Leftbrain will obtain your express consent to such use in advance. LeftBrain may appoint third party agents in connection with such marketing and survey efforts.

LeftBrain may share your personal information and other data with businesses controlling, controlled by, or under common control with LeftBrain. If LeftBrain is merged, acquired, or sold, or in the event of a transfer of some or all of its assets, LeftBrain may disclose or transfer your personal information and other data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, according to applicable data protection laws, it will result in the handling of your personal information in a way that differs materially from this Privacy Policy. We ensure that we have internal data protection policies, procedures, and practices adequately to safeguard the use and security of the personal information and to collect, store, and use it as described in this Privacy Policy.

If you have exercised your opt-out rights, LeftBrain may use or disclose your personal information: (1) when legally ordered to do so by a lawful subpoena or court order, (2) if you violate or breach an agreement with LeftBrain and LeftBrain seeks legal redress, (3) if we believe you will harm the property or rights of LeftBrain or those of LeftBrain’s other customers, (4) under exigent circumstances to protect the physical safety of LeftBrain, its employees or contractors, users or the general public, (5) to validate credit card numbers for charging for fee services where relevant, (6) where we have some other legal obligation to process your personal information, or (7) in connection with any relevant transaction or other contract we have with you.

Aggregate Information

LeftBrain may share aggregate statistical information with business partners, sponsors or other third parties. For example, we may tell an advertiser that X number of visitors visited a certain area on the LeftBrain Websites, or that Y number of men and Z number of women filled out registration forms. Such information is not treated as personal information because it does not identify you.

Unsolicited Email

LeftBrain does not send unsolicited bulk emails to anyone who has requested that we do not contact them. We send our newsletters only to those who have subscribed to receive them. If you have inadvertently received one of our newsletters or other marketing communication, or if you simply wish to stop receiving them, please follow the “unsubscribe” instructions contained in each newsletter or send a request to be unsubscribed to privact@leftbrainperformance.com. We may still send you emails that do not contain marketing, like transactional emails should you purchase merchandise via the LeftBrain Websites or email notifying you of policy changes including to this Privacy Policy.

Your Rights & Choices About the Information We Collect

It is important that you are able to control your personal information. We are committed to providing you with control over your personal information. To the extent required by applicable law, you have the right to request a copy of your personal information that we maintain in our systems and databases and, where appropriate, request that we update, correct, or delete your personal information, or that we no longer contact you.

Please be aware that it is not always possible to completely delete, erase, or comply with your request with respect to all of your personal information without some residual data backups in our systems and databases, because we still need to process your personal information for the purpose the data was collected, or we need your information to comply with legal obligations, perform contracts, resolve disputes, and for other legitimate reasons.

We are also unable to delete your transactional data related to your purchases and returns because we need to keep these records as long as required by applicable law.

If we are precluded from honoring your request to delete your personal information, we will inform you of the reasons for the rejection. We will process all such requests within 30 days of receipt or within such other time as specified by applicable law. Please submit your requests to privacy@leftbrainperformance.com

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure so that we do not disclose personal information to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. Occasionally, it may take us longer than 30 days to process your request, for example, if your request is particularly complex or if you have made a number of requests. In this case, we will notify you and keep you updated.

If you have a registered account with LeftBrain and would like to update or delete your contact information, please notify privacy@leftbrainperformance.com

Your Rights & Choices for Marketing Communications

Should you opt-in to receiving marketing communications, you have the right to opt-out at any time by emailing us at privacy@leftbrainperformance.com, or clicking on the “unsubscribe” link at the bottom of the newsletter or email. Please note that it may take us 10 business days to honor your request or a shorter period where required by law.

Retention of Personal Information

Your personal information may be retained by LeftBrain for as long as the purposes for which the personal information was collected continue and require it, or if the retention is necessary for our legal or business purposes. For example, we may need to retain your personal information if we need to defend a legal claim or in case of a dispute. Should you have opted-in to LeftBrain marketing, we will retain your personal information for marketing purposes until you notify us (by opting out) that you no longer wish to receive marketing materials from us.

Transfer and Processing of Information to the United States

LeftBrain is a Canadian corporation headquartered in British Columbia. Information we collect from you will be transferred and processed in Canada. Although access to the LeftBrain Websites is available around the world, use and enjoyment of the LeftBrain Websites is governed and operated in accordance with the laws of Canada. Where activity of LeftBrain as operator of LeftBrain Websites subjects it to European data protection laws, LeftBrain complies with the requirements of those laws and regulations. LeftBrain makes no representations that the LeftBrain Websites are governed or operated in accordance with the law of any other state or Country. 

When visiting the LeftBrain Websites your connection will be through and to servers located in Canada. All information you receive from us will be created on servers located in Canada, and all information you provide will be maintained on web servers and systems located in Canada. By using the LeftBrain Websites and/or submitting information to us, you specifically consent to the transfer of your information to the facilities and servers in Canada, and to those with whom we may share your information as described in this Privacy Policy, to the extent allowable by law. Where legally allowed only with your explicit consent, we will affirmatively ask you for your consent.

Security

The LeftBrain Websites use physical, electronic and managerial security measures to protect the loss, misuse and alteration of information under our control.

  • We use Secure Socket Layer (“SSL”) connections with 128-bit encryption for certain transactions and confidential data. When you use a secure browser, all information you submit comes to us over the Internet in an encrypted form. Every secure page uses a digital certificate issued by a third-party certification authority. A site certificate sits on all secure pages. To view this certificate, click on the image of the closed lock or the solid key on the bottom bar of your browser window.
  • We monitor system and application activity logs to identify unusual activity from authorized and/or unauthorized individuals accessing our systems and/or making changes to stored information. We regularly perform preventative system maintenance and monitoring of our data systems.
  • We maintain our servers in locked facilities with restricted access. Backup tapes are retrieved daily and stored in a secure, off-site location.

The LeftBrain Websites do not require you to set up a user ID and password unless you subscribe and create an account, enroll in some of our other services or create a purchasing account with us. We recommend you do not divulge your password to anyone. LeftBrain will never ask you for your password in an unsolicited telephone call or email.

Unfortunately, no data transmission over the Internet or any wireless network is 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk. You can report network abuse, including suspected malware or phishing, and any other risk of security violation by emailing privacy@leftbrainperformance.com

Do Not Track.

LeftBrain Websites do not respond to “do not track” requests from browsers.

Questions & Changes to Privacy Policy

We reserve the right to change or update this Privacy Policy at any time, without notice to you, in which case we will post the amended Privacy Policy on the LeftBrain Websites, including its effective date. We may email you to notify you about material changes, but you should check our website to see the current Privacy Policy in effect.