Effective Date: Oct 25, 2018
P2Sportscare.com is a subsidiary of Performance Place® Sports Care
This Privacy Notice outlines the types of Personal Information and Automatically-Collected Information (defined below) we (Performance Place® Sports Care) collect and how we use and protect it. This Notice applies to the data collected through your use of www.P2Sportscare.com (“Site”). Herein, “healthcare professional” refers to licensed, non-medical subscribers to include chiropractors, physical therapists, acupuncturists, bodyworkers, personal trainers, athletic trainers, etc.
1. Your Agreement.
When you use the Site, you, on behalf of yourself and any entity you represent, signify that you have read, understand, and agree to the terms of our current Privacy Notice; to our collection, use, and dissemination of your Personal Information and Automatically-Collected Information as described in this Notice; and to our storage of your Personal Information and Automatically-Collected Information in the United States. If you are acting on behalf of an entity, you must have, and you represent that you have, full authority to bind your entity to this Notice. If you do not have such authority or if you do not agree to all provisions of this Notice, do not use our Site. Throughout this Notice, when we say “use of our Site,” this “use” includes visiting and browsing our Site, logging into your account and using features made available only to users with accounts, and/or providing your Personal Information through the Site and/or through offline contacts with us (such as phone calls). This Notice applies to medical providers and healthcare professionals who subscribe to our services through the Site, individual end users directed to the Site by a medical provider or healthcare professionals, and Site users who merely access and browse the Site.
2. Changes to this Notice.
We may update this Notice from time to time in our discretion. We will post any new Notice here, and you should review this Notice regularly to make sure you are aware of its terms. We will also provide notification of significant changes to this Notice through the Site. If changes are significant and if you have an account, we will also notify you of such changes either (i) via your contact information; or (ii) by requiring that you agree to the revised Notice the next time you log into your account. Your use of the Site following a revision to this Notice constitutes your acceptance of and agreement to the terms of this Notice, as revised. The revisions will apply to all Personal Information and Automatically-Collected Information collected on and after the date on which we post the revised Notice (the effective date and last updated date will appear at the top).
3. Intended Users.
By using our Site, you affirm (i) that you are at least eighteen (18) years old or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) that you have authority to agree to this Notice and are competent and capable of understanding, agreeing to, and complying with this Notice. Our Site is not directed to children under age 13, and children under age 13 are prohibited from using the Site. We do not knowingly (i) collect Personal Information or Automatically-Collected Information from anyone under age 13; (ii) contact children under age 13 for marketing purposes; or (iii) sell products or services to children under age 13. If we learn that we have received Personal Information or Automatically-Collected Information from a child under age 13 in violation of this Notice, we will delete that information from our files. If you are a parent or legal guardian of a minor child and you use the Site and provide information about that child and on that child’s behalf, you acknowledge and agree that such information will be treated in accordance with the terms of this Notice.
4. Information Collected.
When you use the Site, you provide us with Personal Information that you actively provide and Automatically-Collected Information that we collect as you use the Site.
a. Personal Information. To use certain features of the Site, you will have to provide us with information that personally identifies you (“Personal Information”). If you are a medical provider, you will provide us information about you and your business in order to register for a provider account and subscribe to the services offered through the Site. If you are an individual user directed to the Site by your medical provider, you or your medical provider will provide your Personal Information to us through the Site in order to set up an end user account for you. You are never under any obligation to provide us your Personal Information. If you choose not to provide Personal Information, you will not be able to access your account. When you do provide us your Personal Information (or, if you are an individual end user, when you allow your medical provider to provide us your Personal Information to set up an end user account for you), you are authorizing us to use that Personal Information in accordance with the provisions of this Notice and to store your information on our servers located in the United States.
Personal Information includes the following categories of information: 1) Your name and/or company name; 2) Contact Data (such as your home or business address, billing address, e-mail address, phone number); 3) Username and password; 4) Birth date; 5) Your financial information, such as your credit card information or PayPal information; 6) User preferences; and 7) Other information you actively enter into the Site or provide us through offline contacts, such as email or phone call.
b. Automatically-Collected Information. We automatically track, collect, and store the following categories of information automatically when you use the Site (“Automatically-Collected Information”): 1) IP or MAC addresses of computers used to access the Site; 2) Mobile device unique IDs; 3) Domain server; 4) Type of computer and/or device accessing the Site; 5) Type of web browser and/or mobile Internet browser used to access the Site; 6) Type of operating system your computer and/or device uses; 7) Date and time you access the Site; 8) Referring source and/or the site you visited just prior to visiting our Site; 9) The order in which you view the Site pages and actions you take on the Site; and 10) Other similar information about the interaction between your browser and the Site.
Unless otherwise stated in this Notice, Automatically-Collected Information may be combined with the Personal Information you have provided.
5. Cookies and Web Beacons.
We collect Automatically-Collected Information through commonly-used information gathering tools, such as cookies and web beacons.
a. Cookies. To help make the Site more responsive to the needs of our users, we use a standard feature found in browser software called a “cookie.” When you visit the Site, our servers send a cookie to your computer or other operating device. The cookie is placed on your hard drive or other operating device, and it assigns your computer or operating device a unique, random number that acts as a sort of anonymous ID. Standing alone, cookies do not personally identify you; rather, a cookie identifies the computer or operating device one uses to access the Site. Unless you choose to identify yourself to us, such as by filling out a web form, you remain anonymous to us when browsing the Site; in other words, the cookie alone with not allow us to identify you personally. Broadly speaking, there are two types of browser cookies:
1. Session cookies are stored in a computer or other device’s memory during a user’s browsing session and are automatically deleted from the user’s computer or device when the browser is closed and the session has ended. These cookies usually store a session ID that does not personally-identify the user. They allow users to navigate the Site efficiently, and they can contain information about Site features used and activities conducted while using the Site.
2. Persistent cookies are stored on a user’s computer or other device and are not deleted when the browser is closed and session ended. Persistent cookies can be used to retain user preferences for our Site, allowing the preferences to be used in future browsing sessions. These cookies assign a unique ID to a user’s computer or device, and they are used to identify a user upon logging into his or her account. We may use these cookies to remember your personal settings and pre-fill forms for you by saving your preferences for future visits. Standing alone, persistent cookies do not identify the Personal Information of the user; rather, they identify computer IP or MAC addresses and device IDs.
Most browsers automatically accept cookies, but you can block cookies at any time by changing the preferences in your browser and/or delete cookies from your hard drive and mobile device. By blocking and deleting cookies, however, you will be able to browse the Site, but you will not have access to all features of the Site, and features may not function properly. Please refer to your browser for information on how to disable and control cookies.
b. Web Beacons. We may also use “web beacons” (also called clear gifs, pixel tags, and single-pixel tags) to collect Automatically-Collected Information about your use of the Site. The information collected by web beacons allows us to statistically monitor information such as how many people are using the Site and for what purposes. We do not collect Personal Information with web beacons, and we do not link information retrieved from web beacons directly with Personal Information you’ve given us.
c. IP Addresses and Mobile Device IDs. When you visit the Site, we collect your Internet Protocol (“IP”) addresses and mobile device IDs to track and aggregate Automatically-Collected Information. For example, we use IP/MAC addresses and mobile device IDs to monitor the regions from which users navigate the Site. We also collect IP/MAC addresses and mobile device IDs from users when they log into their account on the Site in order to confirm the applicable user’s identity.
6. Uses of Your Personal Information and Automatically-Collected Information.
a. Personal Information. When you supply us with your Personal Information, we will use it for the express purpose stated when we ask for such Personal Information, to present our Site to you, to allow you to participate in interactive features on our Site, to charge you for services purchased, and to contact you regarding your account or use of the Site. For end user patients and clients referred by medical providers or healthcare professionals, we will not use your Personal Information to contact you for marketing or promotional purposes. You acknowledge that your medical providers will have access to the Personal Information that you enter into the Site.
b. Payment for Services. We use your financial information solely to collect payment for services if you are a medical provider subscribing to our services (if you are an individual end user, you do not have to pay to use the services offered through our Site). If you enter financial information through the Site to pay for services, we provide data encryption during the payment process. We only use your financial information to charge you for services you use through the Site. We retain your financial information for as long as you continue to use the Site and services offered through it so we can continue to charge you on a monthly basis. We use a third-party intermediary to manage payment processing. Our third-party payment processor follows Payment Card Industry (“PCI”) standards, and our third–party payment process is PCI-Compliant. Our third-party payment processor is not authorized to use your financial information in any way other than to process payments on our behalf and is required to keep the information confidential. We only share your financial information with our third-party payment processor, your credit card provider, and financial institutions to process payments.
c. Other Uses of Your Personal Information and Automatically-Collected Information. We may use your Personal Information and Automatically-Collected Information to customize and tailor your experience using the Site, displaying content we think you might be interested in and according to your preferences. We may use Personal Information and Automatically-Collected Information to help diagnose problems with the Site, to make the Site more compatible with the technology used by our users, and to analyze statistical use patterns. We also use Personal Information and Automatically-Collected Information as described elsewhere in this Notice.
7. Information Shared with Third Parties.
Except in the circumstances described in this Notice, we do not share, sell, rent, license, trade, or otherwise transfer or disclose your Personal Information with or to any third parties for their promotional purposes or otherwise. We may share de-identified, aggregated Automatically-Collected Information without restriction.
a. Medical Providers. We will share your Personal Information with your medical provider(s) who directed you to the Site.
b. Third-Party Service Providers. We share Personal Information and Automatically-Collected Information with our third-party service providers who assist us by performing services related to our operation of the Site (such as hosting, data storage, and security). These third-party service providers are not authorized to use your information in any way other than as described here and are required to keep the information confidential.
c. Third-Party Payment Processor, Credit Card Provider, Financial Institutions. We use a third-party intermediary to manage payment processing. This intermediary is not permitted to store, retain, or use financial information or your other Personal Information except for the sole purpose of payment processing on our behalf. For more information regarding third parties who will have access to your financial information, see the Subsection entitled “Payment for Services” above.
d. Third-Party Analytics Services. We may use third-party analytics services to assist us in better understanding Site users, such as to track and analyze Site feature usage. We only ever provide these service providers with (or allow these service providers to collect on our behalf) Automatically-Collected Information. The recordings will never identify you personally, though they can identify your IP/MAC addresses and device IDs. The information we receive from these third parties may be re-associated with your Personal Information after we receive it back from these third parties. These third parties are not authorized to use your information in any other way and are required to keep the information confidential.
e. Merger, Acquisition, or Sale. We may transfer your Personal Information and Automatically-Collected Information to another entity if we are involved in a merger, acquisition, reorganization, restructuring, or other sale or transfer of all or any portion of its assets or business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. In this event, however, we will not transfer your Personal Information without your permission. Unless you consent otherwise, your Personal Information will remain subject to the promises made in this Notice, even after the transfer. But any Personal Information and Automatically-Collected Information you provide through the Site after the transfer will likely be subject to a new privacy notice, and you should review that notice.
f. Required by Law. We reserve the right to release Personal Information and/or Automatically-Collected Information in order to comply with a mandate contained in the law, which compels us to disclose your Personal Information and which is enforceable in a court of law.
g. Public Areas of the Site. The Site contains areas where users can post content that will be viewed by other Site users, such as our comment boxes located at the bottom of each webpage. You should be aware that when you voluntarily disclose Personal Information on these areas for public viewing, the information may be collected, stored, used, and disclosed by other Site users. Such activities are beyond our control, and we shall have no responsibility for or liability regarding the protection or security of such information. Do not post Personal Information that you want to keep private on these areas of the Site.
8. Controlling Your Information; Opt-Out Rights.
a. Stop Future Collection of Information. You can stop all future collection of Personal Information and Automatically-Collected Information by discontinuing use of the Site (but see below regarding data retention of earlier-collected data). If you want us to remove your Personal Information from our records, see the paragraph below.
b. Review and Modification of Information; Deleting Information. You can review or modify the Personal Information you have included in your Site account by accessing your account or by contacting us. Please note that your account and all features of the Site may not function properly if we remove any or all of your Personal Information. Further, for individual end users, we cannot control the use of your Personal Information by your medical provider. For example, while we can allow you to modify or delete Personal Information from your account on the Site, we cannot control how the data is maintained and used by your medical provider. You would need to contact your medical provider if you would like them to change their records.
To update a billing profile, please visit your account on the Site to change your billing information and/or contact us via the contact information shown below.
Upon receipt of your request to close your account and/or ask us to delete your information from our databases (or, for individual end users, if your medical provider asks us to close your account or delete your information from our databases, such as if your medical provider stops using our services), we will use commercially-reasonable efforts to delete your account and remove your Personal Information from our databases; however, it may be impossible to remove residual Personal Information (see more information about this in Section 9), in which case we will retain your Personal information and Automatically-Collected Information in accordance with our retention policy described in Section 9. Before we close your account, we will ask if you want us to transfer your Personal Information associated with your account to you. Further, for as long as your Personal Information is in our possession or under our control, you may request that we provide your Personal Information to you at any time. However, once we have closed your account either at your request (or, for individual end users, at the request of your medical provider), we shall have no obligation to maintain a copy of your Personal Information.
9. Retention and Storage.
See the Subsection entitled “Payment for Services” above regarding retention of your financial information. We may retain all other Personal Information and Automatically-Collected Information in our databases until you contact us and ask that we remove your information from our databases (or until your medical provider asks us to close your account or delete your information from our databases, such as if your medical provider stops using our services), unless applicable law requires otherwise. Please note that even after you (or your medical provider) ask(s) us to remove your information from our databases, it may be impossible to remove some Personal Information, such as information tracked in our web server log files and information that may reside in backup files. We may also retain de-identified Automatically-Collected Information even after you request that we remove your Personal Information from our databases, for use in the aggregate and to analyze and improve the Site. Further, if it is impossible to remove some Personal Information or Automatically-Collected Information (or if we choose to retain some de-identified Automatically-Collected Information for use in the aggregate) we may use the same to comply with applicable laws, rules, and regulations; to prevent fraudulent activity; to protect ourselves against liability and to pursue available legal remedies; to resolve disputes; and to enforce our contractual or other rights.
10. Links to Third-Party Websites, Products, and Services.
This Notice applies only to information collected through your use of the Site. The Site may contain links to other websites, products, and services that are not owned or controlled by us. We are not responsible or liable for the privacy practices or other actions of these third parties or their websites, products, or services.
11. Security of Information.
We have generally-accepted industry standard physical, electronic, and procedural security measures in place to protect against the loss, misuse, alteration, or unauthorized access of Personal Information and Automatically-Collected Information we collect and store. These safeguards include, for example, secure login authentication for user accounts on the Site, encryption of data during transmission, firewalls, intrusion detection, and vulnerability scans. The safety and security of your Personal Information also depends on you. You are responsible for keeping your username and password confidential. Please promptly notify us if you become aware that your Personal Information is lost, stolen, or used without permission.
12. Legal Disclaimer.
We cannot guarantee that your information will never be compromised. No Internet or wireless network transmission is ever 100% secure, and no security system can prevent all security breaches. Further, while we employ reasonable measures to protect your information, we do not and cannot guarantee that there will be no unintended disclosures or losses of your information or that unauthorized third parties will not defeat our security measures or use non-public information for improper purposes. In the event of any loss or damage to your Personal Information, your sole and exclusive remedy will be for Solutions Sports and Spine to use commercially-reasonable efforts to replace or restore the lost or damaged Personal Information from our latest backup of such information that we have maintained in accordance with our standard archival procedures.
13. Contact Information.
Performance Place® Sports Care
17931 Beach Blvd #100
Huntington Beach CA 92647
If any part of this Notice is determined to be invalid, illegal, or unenforceable, pursuant to applicable law, then the invalid, illegal, or unenforceable provision will be deemed superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision, and the remainder of this Notice shall continue in full force and effect.
©2018 Performance Place® Sports Care. All rights reserved.