Last updated: May 31, 2023

SuperiorPerformance Privacy Policy

Thank you for your interest in SUPERIORPERFORMANCE, a service provided by Apeak Corporation, a Washington corporation d/b/a “SuperiorPerformance” (“SUPERIORPERFORMANCE”) and our website located at http://www.SUPERIORPERFORMANCE.APP (the “Website”) and our app and associated service. Your use of the SUPERIORPERFORMANCE service, through the Website or our app is subject to this Privacy Policy. Our app, the service and Website are collectively referred to in this Privacy Policy as the “Service.” We are pleased to provide this privacy policy to inform you of our practices with respect to how we collect and use personally identifiable information in connection with your use of the Service

Information We Collect

The data that we regularly collect about visitors to the Website (e.g., IP address, browser type, pages accessed, duration of visit, etc.) does not necessarily enable us to personally identify you, and that is not our intention. We collect personally identifiable information about you, such as your name, age, athletic experience level and time zone when you voluntarily provide it by registering with us or using the Service. Once you become a user, you may provide additional information in your profile section. Providing additional information is optional. To facilitate your use of the Service, SUPERIORPERFORMANCE may automatically collect certain types of information when you access or use the Service. In order to collect this data, SUPERIORPERFORMANCE may utilize automated tools and files such as “cookies.” These automated tools and files may reside on our servers or on your computer or device. If you restrict our ability to use automated tools and files, your ability to access and use all or part of the Service may be limited or disabled completely.

Use of Information

SUPERIORPERFORMANCE uses your personally identifiable information primarily to provide you with the Service and to provide customized content on the Service that is of interest to you, and to improve your athletic performance through the use of the Service. The information is also used to verify your authority to access the Service and to contact you when reasonably necessary. SUPERIORPERFORMANCE may also use any information you have provided as reasonably necessary to administer or provide customer support for the Service, and to provide you with periodic printed or e-mail communications about new products and services, discounts, special promotions or upcoming events. You may opt-out of receiving some or all non- Service related communications by updating your profile on the Service. Also, your full name and email address may be used when you use the Service to send a message to another user. Additionally, we use your email address to contact you on behalf of other friends on the site (such as when another user sends you a message).

Controlling Your Personal Information

SUPERIORPERFORMANCE may make available to users chat rooms, forums, message boards, and other interactive features. You should be aware that when you voluntarily disclose personally identifiable information (e.g. user name, e-mail address) via forums, postings, profiles or other areas of the Service, that information, along with any substantive information disclosed in your communication, can be collected, correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of SUPERIORPERFORMANCE. Please do not post any personal information on the Service or in other areas that you expect to keep private.

Disclosure

SUPERIORPERFORMANCE may disclose your personal information to third parties from time to time in our sole discretion. For this reason you should not disclose information to SUPERIORPERFORMANCE that you do not want shared with third parties. In addition to the forgoing, SUPERIORPERFORMANCE will disclose your personally identifiable information as it believes is reasonably necessary to comply with law, regulation or other governmental authority or to prevent harm to yourself or others. SUPERIORPERFORMANCE may also contract with various third parties who help us provide and maintain the Service. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, or other operations. We may also use independent contractors to provide coaching or consulting services to customers and will share information with these contractors for this purpose. In these cases, we will use commercially reasonable efforts to prevent such third parties from disclosing your personal information, except for the purpose of providing the services in question. Additionally, as part of the Service, SUPERIORPERFORMANCE will make your profile information available to other users of the Service. Finally, SUPERIORPERFORMANCE may disclose your personally identifiable information to potential investors, acquirors, or upon a transfer or sale to another entity of all or substantially all of SUPERIORPERFORMANCE stock or assets in SUPERIORPERFORMANCE’s line of business to which this Privacy Policy relates or upon any bankruptcy or other corporate reorganization.

Links

For your convenience, we may provide links to certain third party websites or referrals to certain third parties’ products or services. If you choose to visit a third party’s website or use its products or services, please be aware that the third party’s privacy policy, and not the SUPERIORPERFORMANCE privacy policy, will govern your activities and any information you disclose while interacting with the third party

Security

Because any personally identifiable information you submit to SUPERIORPERFORMANCE is purely voluntary and should not be of a particularly sensitive nature, we employ our standard security measures with respect to this information and do not use special encryption methods at this time. SUPERIORPERFORMANCE user accounts are secured by user-created passwords. Please note that SUPERIORPERFORMANCE cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

Collection of Information From Children

We market and sell our products to adults who purchase or otherwise subscribe to our Service, which may then be used by children only at the direction and under the supervision of these adults. If you are under 13, you may not use the Service without first having a parent or legal guardian create an account for your use and agree to the terms of this Privacy Policy. If you are a parent or legal guardian and wish to revoke your previously provided consent, review information collected from your child through their use of your account, or have that information deleted, please contact us at the address below.

Policy Changes

SUPERIORPERFORMANCE reserves the right to change this privacy policy, and will post any revisions on the Service. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of the Service will be subject to the then-current privacy policy

International Visitors and Customers

The Service is hosted in the United States. If you are visiting from the European Union (EU) or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to:

No Error-Free Performance

SUPERIORPERFORMANCE does not guarantee error-free performance under this Privacy Policy. We may not always catch an unintended privacy issue, despite our efforts to do so. Accordingly, we welcome your feedback regarding any privacy concerns that you may have, including how we can improve this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with it.

Legal Notices

This Privacy Policy is subject to the terms in our Terms of Service, available for review at http://www.SUPERIORPERFORMANCE.app/terms.html, including terms regarding limitations on damages, disclaimers of warranties, and resolution of disputes. Our Terms of Use take precedence over any conflicting provision in this Privacy Policy

Questions

If you have any questions about our privacy practices, please feel free to contact us at:

Apeak Corporation d/b/a SuperiorPerformance
10210 NE 189th Street
Bothell, Washington 98011
support@superiorperformance.app

Additional Disclosures for California Residents

These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA: Identifiers, including name, alias, postal address, email address, phone number, account name, IP address, and other similar identifiers. Demographic information, including your age and gender. Commercial information, including purchases and engagement with SUPERIORPERFORMANCE.

Right to Know and Delete

If you are a California resident, you have the rights to delete the personal information we have collected from you and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

To exercise any of these rights, call our toll free number at 1-866-I-OPT-OUT and enter Service Code to leave us a message. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

Right to Opt-Out

To the extent SUPERIORPERFORMANCE sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out through our toll-free number at 1-866-I-OPT-OUT and enter Service Code to leave us a message.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

Minors

We do not knowingly “sell” the personal information of minors under 16 years old who are California residents without their affirmative authorization.

Shine the Light

Customers who are residents of California have the right to request a disclosure describing the categories of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us as set out in the “Contact Us” section above and specifying that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

Additional Disclosures for Nevada Residents.

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at support@superiorperformance.app