Privacy Policy

PRIVACY POLICY
Amp Human Performance
Effective July 1 , 2018

Our Privacy Policy is intended to help you clearly and easily understand:

• Who is collecting your information;
• What information is being collected;
• How your information is collected;
• How your information will be used, processed, and shared;
• Your personal information rights and how you can control your information; and
• How long your information will be retained.

Amp Human Performance (AmpHP, Inc.) is a U.S. company and the data controller or in some instances the data processor of the information it collects and receives from its www.amphumanperformance.com website (the “Site”).

By visiting or using the Site you are (a) accepting this Privacy Policy, our terms of use, and all other policies or notices posted on the Site; and (b) consenting to our collection and use of your information as described in this Privacy Policy – including consenting to your information being transferred to and stored and processed in the United States.

1. What Information is Collected
We collect the following information:

• “Personal Information” such as your first and last name, email, postal address, telephone number or other information that, alone or in combination, can be used to identify you that you provide when you create a customer account, purchase or subscribe to our products, contact us, or sign-up for our news & offers;
• Usage, viewing, and technical data automatically collected from your computer or device through cookies and other technologies (described below), such as your device identifier or IP address, browser type, internet service provider (ISP), operating system, date/time stamp, and other Site usage data;
• Comments, reviews, or other information you post on the Site;
• Location information, when you visit the Site, including location information provided by a computer or device interacting with the Site. Location information is only used for security, monitoring, and troubleshooting purposes (most devices allow you to turn off location services); and
• Information we collect when you interact with our Site content or on 3rd party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites, or the fact that you viewed or interacted with our content.

When you provide Personal Information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you are consenting to our collection and use of your information for these specific uses only. If we ask for your Personal Information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no.

We do not collect or intend to process European Union (“EU”) General Data Protection Regulation special categories of personal data. Please do not send or submit any information related to racial or ethnic origin, religion or other beliefs, health, criminal background, or trade union membership.

2. How We Collect Information
We and our 3rd party service providers collect your information in the following ways:

• When you purchase products, request information from us, fill out a form, or otherwise interact with us through the Site;
• When you contact us separately by email or telephone;
• Automatically through technology such as cookies, Flash cookies, HTML5 local storage, pixel tags, web beacons, clear gifs, or other tracking/recording tools, including when you click on a link to visit the Site, interact with our ads or other content on the Site or on 3rd party sites or platforms, or open the emails we send. By using the Site or interacting with our 3rd party site content, you agree that we and our service providers may set cookies on your computer or device and use other tracking technologies described herein.

Please see the “Explanation of Cookies and Other Technologies” and “Your Controls and Choices” sections for additional information regarding these tracking technologies and your choices.

3. Information Processing Basis; How We Use and Process Your Information
We process your information based on your consent and to fulfill our contractual obligations (e.g., to fulfill a product order).

We use and process your information in the following ways:

• To provide, maintain, and improve the Site and our products, including to operate certain features and functionality of the Site (e.g., to verify your identity when logging-in);
• To diagnose or fix technical problems;
• To control unauthorized use or abuse of the Site or otherwise detect, investigate, or prevent activities that may violate our policies or be illegal;
• To analyze trends, administer or optimize the Site, monitor usage or traffic patterns (e.g., track user movement around the Site), and gather user demographic information;
• To enhance the Site user experience;
• To allow us to better service you when responding to customer service needs;
• To communicate directly with you, including sending you newsletters, promotions and special offers, or information about new products. Your opt-out options for promotional communications are described in “Controls and Choices” below; and
• In the manner described to you at the time of collection or as otherwise described in this Privacy Policy or as authorized or required by applicable laws.

4. Shopify
Our store is hosted on Shopify, Inc. They provide the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (“PCI-DSS”). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Please read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) and Privacy Statement (https://www.shopify.com/legal/privacy).

5. Sharing Your Information with 3rd Parties
We may share information, including Personal Information:

• With a 3rd party when we have your consent;
• With 3rd party service providers to permit them to provide services that help us with our business activities, which may include order fulfillment, assisting us with marketing, advertising our product, or providing, maintaining, and improving the Site. For example, we may provide Personal Information to our service providers for direct emailing of our newsletters or notifications of our product offerings. We take reasonable steps to require these 3rd parties agree to process your Personal Information according to our instructions and appropriate security protections. Our 3rd parties are authorized to use your Personal Information only as necessary to provide services to us or as required by law. Acceptance of this Privacy Policy and use of our Site is your consent to the data processing by our service providers. You can withdraw your consent at any time by following the process below;
• With our parent companies, subsidiaries, and affiliates (they will use your information only as allowed by this Privacy Policy);
• When we have a good faith belief that access, use, preservation, or disclosure of your information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, including lawful requests by public authorities (e.g., to meet law enforcement requirements), (b) enforce our terms of us or other applicable policies governing use of the Site, or (c) protect against imminent harm to the rights, property or safety of Amp Human Performance, or the public as required or permitted by law;
• With 3rd parties (e.g., our service providers and government entities) to detect, prevent, or otherwise address fraud, security, or technical issues; and
• As we continue to develop our business, we may also sell all or part of our business. In such transactions, Personal Information you have shared with us is typically a transferred business asset.

We may also share aggregated information with 3rd parties for other purposes, such as Site analytics. Aggregated information does not identify you individually, but may include usage, viewing and technical information we collected. If we are required under applicable law to treat such information as Personal Information, then we will only disclose it as described above. Otherwise we may disclose aggregated, non-identifiable information for any reason.

If you post comments on the Site, any Personal Information you post is publicly available and can be read, collected, or used by other Site visitors.

In general, our 3rd party service providers will only collect, use, and disclose your information to the extent necessary to perform services for us. However, certain 3rd party service providers, such as payment gateways and other payment transaction processors (e.g., PayPal and Google Pay), have their own privacy policies governing the information we are required to provide to them for your purchase transactions. For these providers, we recommend you read their privacy policies so you can understand how they will handle your Personal Information.

Further, certain providers may be located in or have facilities that are located in a different country than either you or us. If you elect to proceed with a transaction that involves the services of a 3rd party service provider, then your information may become subject to the laws of the country in which that service provider or its facilities are located. For example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then the Personal Information used for that transaction may be subject to disclosure under U.S. law, including the Patriot Act.

Once you leave our Site (e.g., by clicking on a link) or are redirected to a 3rd party website or application, you are no longer governed by this Privacy Policy or our terms of use. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

6. Your Controls and Choices
Opt-Outs. We may provide you with the opportunity to “opt-out” of (a) disclosing your Personal Information to 3rd parties, except to a 3rd party that is performing services on our behalf and under our instruction as described in “Sharing Your Information with 3rd Parties” above; and (b) using your Personal Information for a purpose that is materially different from the purpose for which it was originally collected. If you decide to opt-out, we may not be able to provide certain Site features to you.

Communication Preferences. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in those communications. If you opt-out of promotional communications, we may still send you service-related communications.

Cookies and HTLM5. You can remove or block cookies using your Internet browser settings but the Site may cease to function properly if you do. To manage Flash cookie settings and preferences for your computer, please go to the Settings Manager on Adobe's website. You may also be able to manage Flash cookies from your browser, depending on your browser version. Many browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls.

To help you determine if you want to opt-out of cookies or not, here is a list of the cookies we use:

_session_id, unique token, sessional: Allows Shopify to store information about your session (referrer, landing page, etc.).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit: Used by our Site provider’s internal stats tracker to record the number of visits.

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day: Counts the number of store visits by a single customer.

cart, unique token, persistent for 2 weeks: Stores information about the contents of your cart.

_secure_session_id, unique token, sessional storefront_digest, unique token, indefinite If the shop has a password: Used to determine if a current visitor has account access.

7. Personal Information Rights
You have the right to:

• Know what Personal Information we have about you;
• Ensure your Personal Information is accurate and relevant for the purposes it was collected;
• Make your Personal Information portable to another data controller;
• Withdraw your consent to our processing of your Personal Information; and
• Have your Personal Information erased.

If you would like to review, correct, receive a copy of, or erase the Personal Information we have about you or withdraw your processing consent, please send your request using the “Contact Information” below. Requestors must identify themselves and specify the information to be accessed, corrected, or erased before we will process a request. Unless a legal exemption applies, we will respond to all such requests within 30 days. If we refuse your request, we will notify you of our reasons for the refusal to the extent required and how you may complain about the refusal. We do not charge for requests to correct, update, or erase your Personal Information.

8. Data Retention, Storage, and Security
We hold your Personal Information in a combination of hard copy and electronic files for the period necessary to support the Site, comply with our legal obligations, resolve disputes, or otherwise fulfill the purposes described in this Privacy Policy. Even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media. We may also retain backup information related to your account for some time after cancelation for fraud detection or to comply with applicable law or our internal security policies.

The security of your Personal Information is important to us. To protect your Personal Information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. If you provide us with your credit card information, the information is encrypted using SSL (Secure Socket Layer) technology and stored with AES-256 encryption. No method of transmission over the Internet or electronic storage is 100% secure. Although we follow all PCI-DSS requirements and implement additional generally accepted industry standards, we cannot guarantee the security of the information you provide.

If we learn of a security breach that may affect your data, we will notify you electronically so that you can take appropriate protective steps. We may communicate with you electronically regarding security, privacy, and administrative issues related to your use of the Site. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. EU residents will receive, without undue delay, a Personal Information breach notification if such breach is likely to result in a high risk to the rights and freedoms of natural persons. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) please email help@amp-hp.com.

9. Children’s Information
We do not knowingly collect or solicit Personal Information from anyone under the age of 13 and this Site is not intended for use by anyone under the age of 13. If we discover we have collected Personal Information from someone under the age of 13, we will delete that information. If you believe we have any information from anyone under 13, please contact us using the “Contact Information” below.

10. 3rd Party Sites
The Site contain links to 3rd party websites (e.g., Facebook, Twitter). This Privacy Policy applies solely to information collected directly by us. Even if a 3rd party is affiliated with us through a business partnership or otherwise, we are not responsible for their privacy practices. If you submit Personal Information to any 3rd party site, your information is governed by that site’s privacy policy. We encourage you to familiarize yourself with their privacy policies to determine how they handle any information separately collected from you. Please be aware that we do not warn you when you have chosen to click through to another website when using the Site.

11. Explanation of Cookies and Other Technologies
This section provides more information about some of the technologies used on our Site and how they work.

Cookies. A cookie is a small text file stored on a user’s computer or device for record-keeping purposes. Cookies may be used for various purposes, such as to confirm that users are logged in. We use cookies for validating authenticated users and tracking user session information in order to improve user experience, as well as prevent unauthorized access and to maintain security.

Pixel Tags and Similar Technologies. Pixel tags, web beacons, and clear gifs can be embedded in web pages, videos, or emails and allow a web server to read certain types of information from your browser, check whether and when you have viewed a particular web page or email message, and determine, among other things, the IP address of your computer and the URL of the web page from which the pixel tag was viewed.

Flash Cookies. A “Flash Cookie” (also known as Local Shared Object) is a data file stored on a computer or device by the websites that you visit. The Site may use Flash Cookies, for example, to enable or control Flash-based content. Flash Cookies provide similar functionality as the cookies discussed above. Learn about disabling Flash Cookies.

HTML5 Storage. HTML5 local storage is similar to other cookies in that it is stored on a computer or device and can be used to store certain information about your activities and preferences. However, these objects are stored in different parts of your computer or device from ordinary browser cookies.

12. California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request that we not share their Personal Information with 3rd parties for such parties’ direct marketing purposes. To make such a request, please send an e-mail with “California Privacy” in the subject line to help@amp-hp.com or write to us at the address below. Even if you do choose to opt-out, we may still share your personal information with 3rd parties for purposes other than direct marketing, such as for completing a purchase or any other non-direct marketing purpose permitted under this Privacy Policy.

13. Terms of Use, Notices, and Revisions
Please also see our terms of use. We reserve the right to revise, modify, or update this Privacy Policy at any time so please review it frequently. Changes will take effect immediately upon posting to the Site. If we make material changes to this Privacy Policy, we will notify you here that it has been updated.

14. Contact Information
If you have questions about this Privacy Policy, or wish to make any request described above, please contact us by email at help@amp-hp.com or by mail to:

Amp Human Performance Privacy & Compliance Officer
2700 Rasmussen Road, Suite 100
Park City, UT 84098

15. Change Log:
This Privacy Policy was completely revised to make it easier to read and understand our current privacy practices.
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