Privacy Policy

Privacy Policy

This Privacy Policy (“Policy”) explains Empower My Athlete’s (“Empower My Athlete,” also “we,” “our,” and “us”) information practices governing our services, including any of our desktop applications, mobile applications, websites (empowermyathlete.com), any Empower My Athlete owned web store, digital content, other products controlled, owned or licensed by Empower My Athlete, and any other products or services that include a link to this Policy (collectively, the “Platform”).

When you access or use any of the Platform or websites, or take other actions described below, you acknowledge that you have read and understood the terms of this Policy. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, PLEASE DO NOT USE THE PRODUCTS.

Empower My Athlete acts as a data controller for the information we collect from you. This Policy governs our collection, use, and sharing of data for which we are the data controller. Empower My Athlete sometimes acts as a data processor when we receive information from another institution, business organization, or another controller, in which case our processing of that information is governed by the controller’s privacy policy and our data processing agreement with that controller.  

1. DEFINITIONS

The defined terms in this Section have their assigned meanings in this Policy, regardless of capitalization.

1. “Information” is any information that you provide directly to us, that we receive from third-parties, or that we passively or automatically collect through your use of the Platform or websites, such as from your browser or device.
2. “Personal Data” is Information that identifies or can reasonably be used to identify a natural person, such as that person’s name and contact information.
3. “De-identified Data” is data that does not identify and cannot reasonably be used to identify a natural person, such as aggregated statistics about our website usage. 
4. “Distributor” is the academic institution, employer, business organization, training firm, or other entity that directly licensed or provided you with access to Product(s). 

2. INFORMATION WE COLLECT ABOUT YOU

Empower My Athlete collects information from you when you purchase, redeem, download, access or use any content or the Platform; register a Product with Empower My Athlete; create an account; create written material within a Product; use collaboration features; submit requests; and access Platform, including when you visit any of our websites; as described further below.

1. Information You Provide Directly to Us

Depending on the Platform you use, the types of Information we collect may include your name, address, email address, phone number, other contact information, academic institution, information from your Assessment (as defined in our Terms of Use), payment information collected and used by our third party payment processors such as credit or debit card numbers, information regarding your use of the Platform, and user-generated content such as notes, highlights, and responses to assessments; and any other type of Information or Personal Data you submit to us at your discretion.

You can elect not to provide such Information, but most of the Information we request from you is required in order for us to provide the Platform. In those cases, a lack of such Information will prevent us from providing the Platform. 

1. Information We Receive from Third-Parties

We receive Information from third parties, such as your Distributor, , third-party authentication services (if you interact with us through third-party sites or services), and the other parties with whom we exchange Information in order to provide the Platform. 

1. Information That Is Automatically Collected

Empower My Athlete automatically collects certain Information as you use the Platform, make Product purchases and interact with us. We and our service providers (which are third-party companies that work on our behalf), may use a variety of technologies, including cookies and similar tools, to assist in collecting: 

• technical data, such as your domain name, the browser type and language, and operating system you are using, your Internet Protocol (IP) address, country, and city, your device types, mobile device identifier, the date and time of your request, if any, and the device you are using, referring and exit pages and URLs, platform type, landing pages, error logs, and other similar information; and
• usage data, such as the date and time of your requests, information you download, which Platform you use and how you use them; pages viewed and the order of those pages, the amount of time spent on particular pages, pointer or touch traffic on those pages, the terms you use in searches on our sites; information from interactive Platform, including scores from assessments, overall performance, and records of any contact we have with you by telephone, email or online.

Empower My Athlete may collect Information about you when you visit the Empower My Athlete website through the use of “cookies.” Like many websites, we use “cookies” and “web beacons” to collect information. A “cookie” is a small data file that is transferred to your computer’s hard disk for record-keeping purposes. A “web beacon” is a very small or invisible image placed on a Web page or email that can report your visit or use that shows us when, where, and how that Web page or email was accessed, which allows us to gauge the effectiveness of our communications. We use cookies and web beacons to enable the technical operation of the Platform, to administer your log-in to your account and to collect the Log Data. You can change your browser’s settings to stop accepting cookies or to prompt you before accepting a cookie. However, if you do not accept cookies you may not be able to use certain features within the Platform. Cookies already placed on your computer by other websites may record your use of our Platform: please note that we do not have any control over those cookies or their use. 

We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.

We keep your Personal Data for no longer than necessary for the purposes for which it is collected and processed. The length of time for which we retain Personal Data depends on the purposes for which we collect and use it, the instructions of a controller when we act as a processor, and/or our requirements to comply with applicable laws.

3. USING YOUR INFORMATION

Depending on the Product you use, we use your Information to:

• meet our contractual commitments to you,
• administer your account and respond to your requests,
• provide the Platform you request,
• maintain and improve the Platform and to develop new Platform,
• provide you with information related to the Platform, including changes to the Platform, or other information we think you may find useful about our products and services or those of carefully selected third parties, provided you have not indicated that you do not object to being contacted for these purposes,
• customize content supplied to you based on your use of the Platform (e.g., study recommendations, supplemental content),
• track, evaluate, and analyze individual and aggregate use of the Platform and to share, publish, or otherwise publicize De-identified Data describing such use,
• provide recommendations or advertising for products and services that may be of interest to you,
• prevent, investigate and deal with fraud, violation of intellectual property rights and other laws and unauthorized use of Platform or your account,
• as otherwise reasonable and appropriate to the legitimate business needs of Empower My Athlete related to the Platform,
• as otherwise described to you in this Privacy Policy, for example in the section describing how we share your information, including Personal Data, with third parties.

4. SHARING YOUR INFORMATION

If we share Information, including Personal Data, with third parties we require the recipient to maintain appropriate levels of confidentiality, integrity, availability and data protection for such Personal Data. We share information as follows:

• With Distributors. Empower My Athlete shares anonymized information related to your use, results from your interaction with, results from assessments taken, and overall engagement with relevant Platform, including interactive elements.
• With trusted third parties performing certain tasks on our behalf. For example, this may include but is not limited to service providers providing customer support, operation and administration of the Platform, processing information that you provide to us, and other tasks related to the Platform. We allow these third parties to access only the information needed to perform those services.
• With other visitors to the Product or users of the Product.  To the extent that you submit content to publicly accessible portions of the Product, visitors and users may be able to view your content and Personal Data that identifies you as the author.
• Legal Process and Protection of Empower My Athlete and Others. We may share information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Empower My Athlete, its agents and affiliates, its users and/or the public.
• With affiliates or potential acquirers of Empower My Athlete. In the event of or in contemplation of a merger, acquisition, divestiture or reorganization, we may share information in whole or part, in order to enable the affiliates or potential acquirers to evaluate the transaction, or to continue providing the Platform after the transaction has been completed.
• With any other third party. We may disclose information to other third parties as otherwise described to you at the point of collection, pursuant to your consent, or as otherwise required or permitted by law.

5. YOUR RIGHTS AND CHOICES

You can tell us not to contact you with promotional information regarding our products and services and those of third parties by following the unsubscribe instructions on promotional communications sent to you. You may adjust your browser settings to reject, accept, delete, or retain the cookies we use to provide our website, and you may uninstall our mobile applications at any time. We do not recognize or respond to browser-initiated Do Not Track (“DNT”) DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. Visit All about DNT to learn more about Do Not Track.

6. SECURITY

Empower My Athlete takes information security seriously and has taken various measures to keep your Information secure from unauthorized access or disclosure, whether that Information is stored physically or electronically. Empower My Athlete has established administrative, technical, physical, electronic and managerial procedures to help prevent unauthorized access, maintain data security and use the Information collected from you in accordance with this Policy. Empower My Athlete has security measures in place to protect against the loss, misuse, or alteration of your Information. Despite these efforts, Empower My Athlete cannot guarantee that unauthorized access or disclosure of Information will never happen.

7. EUROPEAN UNION USERS 

Given that the Internet is a global environment, using the Internet to collect and process Information necessarily involves the transmission of data on an international basis. Therefore, by using any of the Product(s), you acknowledge and specifically consent to the transfer, storage or use of your Information outside your country of residence to any country (including the United States, Canada, the United Kingdom and Australia) where we have facilities or engage trusted third parties (such as payment processors, cloud service or other IT providers and other companies that provide services to us). You understand that the countries to which we may transfer Information may not have as comprehensive a level of data protection as in your country. Where we export data from the European Economic Area or United Kingdom to a service provider or affiliate in any jurisdiction that does not have an adequacy determination, we do so using the Standard Contractual Clauses as a safeguard to protect the privacy of European data subjects. A copy of the relevant portion of those agreements is available upon request. In relation to Australia’s Privacy Act, you agree that in the case of a breach by the third party in relation to handling your personal data, we will not be accountable for the third party under the Privacy Act and you may not be able to seek redress under the Privacy Act.

Users accessing the Platform from the European Economic Area may request that we:

• provide access to and/or a copy of certain information we hold about you;
• prevent the processing of your information for direct marketing purposes (including any direct marketing processing based on profiling);
• update information that is out of date or incorrect;
• restrict the way that we process and disclose certain parts of your information;
• transfer your information to a third-party provider of services; and
• revoke your consent for the processing of your information.
• delete certain information we are holding about you (a request that you be “forgotten”).

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include circumstances under which we need to continue processing your information in order to comply with an existing contractual or legal obligation. An exercise of the right to be forgotten will result in your inability to use the Product(s) and will break any linkage between your prior account and your historical engagement data.

• We may request that you provide us with information necessary to confirm your identity before responding to your request. In the case of access and correction requests, please provide as much detail as you can about the particular personal data you seek, in order to help us locate it.
• We will consider all requests and provide our response promptly, and within any time period required by applicable law.
• Where we decide not to make a requested correction to your personal data and you disagree, you may ask us to make a note of your requested correction with the data.
• In situations in which we process your personal data only on behalf of a customer such as an educational institution, we may refer your request to the relevant party and cooperate with its handling of the request.

We collect and otherwise process Personal Data about residents of the European Economic Area: 

• Where the use of your Information is necessary to perform our obligations under a contract with you (for example, to comply with the terms of service of our Platform which you accept by browsing the Platform or registering; and/or our contract to provide our Platform to you);
• Where the use of your Information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Platform; operate our Platform; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud); or
• With your consent; or
• On other grounds, as required or permitted by law in the specific respective context.

We will delete or anonymize your Personal Data within a maximum of twelve months unless otherwise required by applicable law. Depending on where you live and your interaction with the Platform, you may have a right to lodge a complaint with a supervisory authority in your jurisdiction concerning our processing of Personal Data.

If you have any questions or complaints about Empower My Athlete’s privacy practices, you may contact us at the email address or mailing address set forth under “Contacting Us.” We will work to resolve the issue with you.

8. CHILDREN’S’ PRIVACY

Our Platform is for users 13 years of age or older, and users must be 13 or older to create an account for a Product. For Platform offered to K-12 schools, we either provide that Product without collecting, using, or disclosing “personal information” (as defined in the Children’s Online Privacy Act (“COPPA”), except as permitted by COPPA, or we obtain consent in advance of such use from the school or a parent or guardian. Parents and guardians who have provided their consent can review the child’s information, delete the child’s personal information, or refuse to permit further collection and use of such information upon request by contacting us as provided below. We also delete a student’s personal information upon request from that student’s school or district where required by law. If we have reason to believe that any personal information has been submitted to us by a child under 13 in the United States or a child under 16 in the EU without legally-valid consent, we will take reasonable steps to delete that information as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws. 

9. Links to Other Websites

You may find links to third-party websites from any of the Platforms. These websites may have their own privacy, cookies and/or other policies, which you should review before participating on those websites. We do not accept responsibility or liability for their policies because we have no control over them.

10. CHANGES TO THIS POLICY

The information practices described in this Policy are current as of the effective date at the end of this document. Empower My Athlete reserves the right periodically to update this Policy at its discretion. Notice of any revisions will be posted to this page and are effective once posted. If you are concerned about how your Information is used, bookmark this page and check back periodically.

11. CONTACTING US

If you have any questions, comments, or requests regarding this Policy, please contact us by post or email using the following contact information:

Empower My Athlete

ATTN: Empower My Athlete LLC

PO Box 581

Madison, TN 37116.

Email: [email protected]

Please allow up to 5 business days for us to reply.