NOVEMBER 30, 2017

CGLM, LLC, a DE LLC (d/b/a O2X, hereinafter “O2X”) and all of its current and future subsidiaries and affiliates (collectively, the “O2X”) respect your privacy. O2X provides human performance training and education, which may include access to workout regimens, nutrition planning, human performance assessments, movement screenings, and other content on our or our third party partners’ websites, and other applications, software and technology to help you maximize your human performance (the “Program”). By interacting with the O2X in any way, YOU CONSENT to our practices set forth in this Privacy Policy, including without limitation those concerning all Personal Information and Analytics Data (each as defined in Section B below) pertaining to you. If you do not agree with any part of this Privacy Policy, you should cease all use of the Program.

A. WHAT THIS PRIVACY POLICY COVERS

This policy applies to all Personal Information and Analytics Data collected, used and disclosed by the O2X, whether on-line (e.g., through e-mail or an on-line program), in-person (e.g., through physical screening evaluations, evaluations, gait analyses, or assessments, actual workout and usage data, or your feedback) or otherwise received from you (e.g., letters, over the phone, by interacting with our mobile applications, assessments, or other online properties, any other part of the Program, or surveys/questionnaires). Unless agreed otherwise, this policy also applies to information about you that is transmitted to O2X by its clients, such as, for example, your employer. Other third parties, such as social networks that you use in connection with the Program may also collect, use, and share information about you. We encourage you to review the privacy policies of each of those sites to obtain an understanding of how your information is used or shared by those third-parties.

B. INFORMATION COLLECTION

O2X collects Personal Information and Analytics Data.

 

“Personal Information” is information that can be used to identify, locate or contact you. It also includes other information about you that we tie to Personal Information. O2X collects the following types of Personal Information:

Contact Information that allows us to identify and to communicate with you, such as, but limited to, your name, email address, and phone number.

Demographics Information that allows us to monitor your progress through a human performance program, such as your age, sex, height and weight, workout history, and other information you may provide us related to nutrition, movement, resilience,, stress levels, mindset and recovery in order to allow us to provide the services you request.

Transaction Information about how you interact with us, our online assets, and business partners, including purchases, inquiries, and customer accounts.

Financial Information as needed to facilitate purchases, such as your credit card information.

Applicant Information as needed from those who apply for jobs and internships with O2X.

Conditioning Information about your physical activity and physical performance.

Analytics Data is data generated by, collected by, transmitted from, or stored by O2X. Analytics data includes information gathered from information transmitted by your computer or mobile device when interacting with our online properties, such as, for example, our assessments, screening tools, and server logging information. Analytics data also includes information transmitted from your computer or mobile device when interacting with cookies, web beacons, and other tracking objects.

Children Under 13. O2X does not market to and do not knowingly collect any Personal Information or Analytics Data from or about a child under the age of 13 without the consent of the child’s parent or legal guardian. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete that data from our systems.

C. INFORMATION USE

O2X and our third party partners and subcontractors use Personal Information and Analytics Data to: (i) communicate a human performance program for each user’s goals and needs; (ii) track progress; (iii) customize users’ experiences; (iv) improve the products and services O2X provides; (v) develop new products or services; (vi) provide products or services which you have requested from O2X; (vi) track the use of a physical, website, mobile application, or other networked or on-line systems provided by or operated by O2X or our third party partners or subcontractors; (vii) track the effectiveness of a physical operation, website or other on-line system operated by O2X or our third party partners or subcontractors; (viii) analyze use of any of the products or services provided by O2X or our third party partners or subcontractors; (ix) develop, customize, enhance or provide advertising for any of the products or services provided by O2X or our third party partners or subcontractors; (x) document your personal history to appropriately customize your human performance program and protect O2X; (xi) analyze and report on usage and usage patterns, and (xii) send you targeted communications.

D. INFORMATION DISCLOSURE

Except as set forth hereafter, O2X will not rent, sell, or share your Personal Information and Analytics Data with other people or companies except to provide or offer services you have requested. In addition, O2X may share your Personal Information and Analytics Data if any of the following circumstances or situations exists: (i) O2X responds to subpoenas, court orders, or other legal process, or to establish or exercise its legal rights or defend against legal claims; (ii) O2X believes it is necessary to share information, including Personal Information, in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of O2X’s policies or these terms and conditions, or as otherwise required by law; (iii) O2X outsources certain services or functions to third parties (e.g., related to a physical operation, website or other on-line system operated by O2X) and the disclosure of your Personal Information to these third parties is necessary for O2X to provide products or services to you (e.g., related to a physical operation, website or other on-line system operated by O2X); (iv) O2X transfers your Personal Information to its successor in interest related to the sale of its business or a merger; or (v) O2X may share your registration and participation information with your employer, sports team, or club who pays for, or otherwise arranges for you to make use of, the Program. These information sharing practices may include disclosures to your employer (when O2X obtains your Personal Information and Analytics Data in connection with products or services that O2X provides to you directly or indirectly in cooperation with or through your employer (e.g., your employer’s tactical health or human performance program)), potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

E. CONFIDENTIALITY AND SECURITY

Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while the O2X attempts to protect all Personal Information, O2X cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. O2X will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable state and federal laws) stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach.

F. PUBLIC FORUMS

Any information that you disclose in public areas of a physical operation, website or other on-line system operated by O2X (or, of course, the Internet in general) may become public information. You should exercise caution when deciding to disclose personal information in such areas.

G. CHANGES TO THIS PRIVACY POLICY

Please note that this Privacy Policy may change from time to time without notice. Changes to this Privacy Policy will be posted at/to the physical operation, website or other on-line system or part of the Program operated by O2X.

H. THIRD PARTY CONTENT

Our online properties or equipment may contain links to websites not affiliated with O2X. Your use of an external website or any informational content found on external websites is subject to and governed by the terms and guidelines of those website(s). O2X does not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of an online property O2X controls. O2X is not responsible for the privacy practices of any external website.

I. CONTACT INFORMATION

If you have any questions regarding this policy, you may contact us using the information below.
O2X
1147 Hancock Street, Suite 223
Quincy, MA 02169
(781) 902-0304
info@o2x.com
Attention: Craig J. Coffey, General Counsel