Privacy Policy

PERFORM PRIVACY POLICY

Last Updated: 5/19/2025

Perform Inc. ("Perform", "we", "us") is committed to respecting your privacy. This Privacy Policy explains our practices for personal information as such term is defined below.

If we make any material updates to this Privacy Policy, we will notify you as required by law, including by either notifying you at the time of collecting personal information, or by updating this Privacy Policy earlier than required. We reserve the right to amend this Privacy Policy at our discretion and at any time. This Privacy Policy incorporates, and is subject to, our website Terms of Use.

1. DEFINITIONS

The term "personal information" is broadly defined to mean information that is linked or can be reasonably linked to a consumer and that identifies past, present or future physical or mental health status, and includes the following: information about physical and mental conditions as well as non-medical information, and information about use of performance products or services.

The term personal information does not include information pertaining to individuals with whom we have an employment relationship.

2. CATEGORIES OF PERSONAL INFORMATION THAT WE COLLECT

Perform only collects, uses and discloses personal information as needed to provide you with the products or services that you request or with your consent. We may collect personal information related to the following categories:

Individual Health Conditions and Performance Metrics. Information about your health history, performance metrics, and/or training, such as fitness status, having allergies, treating an injury, physical condition, or the purpose for using a product.

Bodily Function, Vital Signs and Measurements. Information about the operations of the systems of your body, such as metabolism, immune support, height, or weight.

Training and Performance Programs. Information you provide when participating in training programs or responding to our surveys including any of the above categories about physical or mental health, performance history or other health-related information.

3. PROHIBITED DATA

You are hereby prohibited from providing us with the following data:

Biometric Data. Information including facial recognition data, and a mathematical representation of your biometric identifier, such as the template maintained for comparison.

Genetic Information. Information that concerns your genetic characteristics, such as information revealed by analyzing DNA sequences or familial genetic information.

4. PURPOSES FOR COLLECTING PERSONAL INFORMATION AND HOW WE USE IT

We may, from time to time, use your personal information for the following purposes:

To provide you Products/Services, including performing services for you and sending you certain products or samples you have requested.

For User Management purposes, such as identifying and authenticating you to our different marketing programs, websites, and mobile apps, administering and maintaining accounts and preferences, as well as financial incentive, rewards, discounts (e.g., price or service coupons) and loyalty programs; helping you manage your website or app preferences; and, allowing you to enter our contests or sweepstakes and leaving ratings and reviews for products.

To facilitate User Service/Communications, such as responding to your questions or requests for information; sending transactional messages (such as account statements or confirmations); and, sending marketing communications about our products or services (or the products or services of our partners), surveys, and invitations.

For Payment/Financial purposes, such as processing your payment or a refund for the certain products you buy from us.

For Quality and Safety Purposes, including quality control, training, and analytics; safety maintenance and verification; and, system administration and technology management, including optimizing our websites and applications.

For Security purposes, including detecting threats and protecting against malicious or fraudulent activity.

For Recordkeeping and Auditing, including recordkeeping and auditing interactions with consumers, including logs and records maintained as part of transaction information.

For Legal and Compliance Purposes, including risk management, audit, investigations, reporting and other legal and compliance reasons.

For Research & Development ("R&D"), such as internal research and designing and developing new products, services, and programs.

5. SOURCES OF PERSONAL INFORMATION

We collect personal information from the following sources:

From you, such as when you engage with us about your performance improvement journey.
From our business and marketing partners, who provide us with information about consumers.
From other third-party sources such as data brokers who provide us with information about consumers that may be interested in our products.
We may also infer or derive personal information by analyzing other non-health related data we have about you or other consumers.

6. DISCLOSURES OF PERSONAL INFORMATION

We do not, to the best of our knowledge "sell" or "share" your personal information, as such terms are defined pursuant to law. However, we may disclose the categories of personal information described above in the following circumstances:

We may disclose personal information with our data processors, service providers and contractors who assist us in providing goods and services to you. These processors may only use the data as permitted by our contracts with them.
We may also disclose personal information as permitted by law, such as (i) with your consent, and to an acquiring organization if we are involved in a sale or a transfer of our business.

7. YOUR PRIVACY RIGHTS

You have specific rights with respect to your personal information:

You have the right to confirm whether we are collecting or sharing your personal information and to access such data.
You have the right to confirm whether we have not sold your personal information.
You have the right to request that we delete your personal information.
If we are processing your personal information with your consent, you have the right to withdraw that consent. We will not discriminate against you for exercising any of your rights. However, if you withdraw consent for collection and/or request deletion of your personal information, we may remove you from certain marketing programs that rely on your personal information to provide you the services.

To exercise these rights, please contact us in accordance with the "Contact Us" section below. Once you submit such a request, we will authenticate your requests and process it as required by law. Please allow up to 45 days for a response.

8. APPEALS AND COMPLAINTS

If we deny your privacy rights request, you may appeal that denial by undertaking the following, please email us in accordance with the "Contact Us" section listed below, with the subject line "ATTN: Privacy Appeals," and describe the nature of your request, and the reason for requesting an appellate review.

You may also file a complaint with the relevant state regulatory agency.

9. CONTACT US

For the avoidance of doubt, you may not, under any condition, upload or otherwise input into our website (whether via a chat-box, interactive form, or other online communication platform) with any personal information whatsoever.

If you have any questions or concerns about this Privacy Policy, or would like to exercise a right set forth herein, please contact us as follows: (email) support@perform.com, or (mail) Perform Inc., ATTN: Privacy Champion, 123 Performance Road, San Francisco, CA 94107.