1. Details of our privacy policy
Athleticode Inc. (“Athleticode,” “we,” “us”, “our”) values the privacy of visitors to this web site (collectively, with the Information (as defined in the Terms of Use), the “Site”). This privacy policy will explain how we collect and use the information that you, the Site visitor (“you” or “your”), provide to us or that we learn from your use of the Site.

2. Collection of information

Personally identifiable information
Athleticode collects a variety of information regarding your use of our website and services, including personally identifiable information. The “personally identifiable information” addressed by this policy refers to the following:

“Your Account Information” means the information that you provide to us when creating or updating your Athleticode account, or purchasing our services, that can be used to uniquely identify you, such as your name, telephone number, email address, billing/shipping address or credit card number.

“Your Genetic Data” means the genotyping results that we generate from the saliva sample you provide through our services (namely, the set of “A”s, “G”s, “T”s and “C”s at particular locations in your genome).

“Your Phenotype Information” means your gender, your birth date and, optionally, other personal information about you that you or our physician may voluntarily provide to us, which may include your ethnicity/ancestry, training regimens and performance data, and personal traits such as height and weight.

Non-personally identifiable information
Athleticode may also collect any non-personally identifiable information which may include your computer’s internet protocol (IP) addresses and cookies which are placed on your computer when you access our website (see the cookies section below), as well as the date and time, your computer’s operating system and web browser type, the identity of your internet service provider, and a list of web pages you have visited. In some cases, this information is collected automatically and stored in log files.

Athleticode may use a combination of session and persistent cookies to track your navigation and use of our website, and your web browser must be configured to accept cookies in order for you to create an Athleticode user account and access many of the features on our web site. Cookies are small pieces of information that are stored by your web browser on your computer’s hard drive. Our cookies enable us to facilitate access to different aspects of your account across our website, and to enhance your experience on our website. For example, by showing when and how you and other users visit our website, cookies help us to see which pages of the website are particularly helpful to customers for providing information. This helps us improve our website, because we can eliminate pages that are unpopular and update and improve those pages that are visited frequently. Cookies also improve your ease of using our website, for example, by remembering your address or ordering information when you request information or services on our website. We also use cookies to securely link your Athleticode account with the computer you used to set up your account; if you choose to access your account from another computer, you will be asked to follow additional steps to verify your identity.
Please note that session cookies expire automatically when you close your computer’s web browser, whereas persistent cookies are stored on your computer’s hard drive until deleted. If you set up or access your Athleticode account from someone else’s computer, or a publicly accessible computer, we recommend that when your session is complete you delete any persistent cookies on the computer by following the web browser’s instructions and then close the web browser. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. Please note that disabling cookies may prevent you from accessing some of the functionality and site offerings available via the Site.

3. Use and Disclosure of Information

We use Your Account Information and other personally identifiable information about you to authenticate your use of our website and services, to process your purchase transactions, to provide you with the services you have requested, to communicate with you those you authorize us to communicate with, and to send you relevant information and materials. However, we will not, without your explicit consent, disclose or share personally identifiable information about you with third parties except as required to provide the services you have requested, in the event Athleticode is acquired by or merges into another company, or as otherwise required by applicable law. We limit access to Your Account Information and other personally identifiable information about you to appropriate Athleticode personnel on a need-to-know basis.

We do not share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.

Athleticode may freely use and disclose any non-personally identifiable information collected on our website, unless otherwise prohibited by this privacy policy or applicable law. Athleticode may contract with third-party web analytics companies to help us use this information, which is not intended to uniquely identify you, to track and analyze aggregate usage volume and patterns regarding our website. Under certain circumstances, we may need to review this information in combination with Your Account Information to identify and resolve an issue regarding your access to our website.

Research
Athleticode believes in bringing you the highest quality service available and helping further scientific and injury reduction and performance research. To that end, we may analyze Your Genetic Data and Your Phenotype Information on an aggregated basis and de-linked from Your Account Information, to:

Improve the quality and features of our website and services

Provide our members with new and more accurate analysis of genetic data

Discover or validate associations between certain genetic variations and certain injuries, conditions affecting athletes, or traits, as well as other insights regarding human performance

Publish our findings and insights without disclosing Your Genetic Data in a quantity sufficient to uniquely identify you, and without otherwise disclosing your identity

As the number of our members grows, our ability to study the aggregated genetic data and phenotype information we have collected from our members, and to publish our findings and insights, will help us to further the advancement of scientific and medical research and fulfill our mission to give athletes tools that may help them to reduce their risk of injury.

We may also give you the opportunity to contribute Your Genetic Data to sports science. If you elect to contribute Your Genetic Data to science through the Athleticode service, you allow us to share Your Genetic Data and Your Phenotype Information (de-linked from Your Account Information) with not-for-profit organizations who perform genetic or human performance research, and you allow such not-for-profit organizations to separately or jointly publish study results that include Your Genetic Data and Your Phenotype Information (but not Your Account Information), in peer-reviewed scientific and medical journals and otherwise, and to deposit such data and information into public data repositories or otherwise make them publicly available to the extent required by such journals.

If you elect not to contribute your genetic information to science through the Athleticode service, we will not share Your Genetic Data or Your Phenotype Information with such organizations.

Communications from us
We may use your email address to send different types of emails, including emails required to provide you with services you have requested; alerts giving you relevant and new information about service updates; and emails informing you about promotional services. Alerts and promotional email messages will contain a link that will allow you to opt out of future mailings.

Legally required disclosure
We may be legally compelled in the future to disclose personally identifiable information about you to satisfy a court order, subpoena, government request, law, regulation or other legal process. We will use reasonable and lawful efforts to limit the scope of any such legally required disclosure, and we will use reasonable efforts to notify you in advance insofar as we are legally permitted to do so.

4. Advertising
The Athleticode services are not subsidized by advertising. Athleticode does not derive revenue from the use of banner advertisements. However, we may describe our collaborators’ products and services on our website or in our communications to our members from time to time, and we may feature links to our collaborators’ websites.

5. Privacy practices of third-party websites
This website may contain links to other websites. Athleticode is not responsible for the privacy policies or practices of any third-party websites, including websites of any sponsors, collaborators or linked websites, or for the privacy policies or practices of any other third parties. To the extent that you disclose personally identifiable information to any collaborator websites, linked websites or other third parties, different rules may apply to their use or disclosure of any personally identifiable information you disclose to them, and we encourage you to review their privacy policies before disclosing personally identifiable information to them.

6. Termination of your account
If you do not renew your account subscription with Athleticode, or if at any time you request us to terminate your Athleticode user account, we will delete Your Genetic Data and Your Phenotype Information within 90 days from all operational Athleticode systems, and Your Genetic Data and Your Phenotype Information will not be included in any future archive of these systems, unless we are required by applicable law to retain any such data and information, in which case we will do so only for so long as required, and only for the purposes of such law. However, we will not be obligated to delete your Genetic Data or Your Phenotype Information from historical archives of our systems, and we may continue to use Your Genetic Data and Your Phenotype Information on an aggregated basis and de-linked from Your Account Information for research purposes as follows.

Upon account termination, you will be given an opportunity to withdraw your consent for us to use Your Genetic Data and Your Phenotype Information (de-linked from Your Account Information) for our internal research purposes as described above. If you previously have elected to contribute your genetic information to science through the Athleticode service, any not-for-profit organizations that received your genetic information may continue to use Your Genetic Data and Phenotype Information to the extent they had it prior to your withdrawal of consent. However, Your Genetic Data and Your Phenotype Information will not be disclosed to additional not-for-profit organizations and no additional personal data regarding You will be disclosed to not-for-profit organizations to which Athleticode disclosed Your Genetic Data and Your Phenotype Information in the past. Your Genetic Data and Your Phenotype Information will not be removed from any ongoing or completed studies or publications in which Your Genetic Data or Your Phenotype Information was utilized.

Finally, we may retain Your Account Information solely to the extent required for our accounting and compliance purposes, and as otherwise required by applicable law.

7. Our Commitment to Data Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software.

If Athleticode learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. Athleticode may post a notice on the Site if a security breach occurs. Athleticode may also send an email to you at the email address you have provided to us in these circumstances.

8. Changes to this Privacy Policy
Athleticode reserves the right to modify or amend this privacy policy at any time. Any material changes will be conspicuously posted on this website, and we will attempt to notify members by email. Changes will be effective 30 days after posting to this website and email notification.

9. Special Note to International Users
The Site is hosted in the United States. If you are accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, 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 other regions, and by providing your personal data you consent to:

a. the use of your personal data for the uses identified above in accordance with this privacy policy; and

b. the transfer of your personal data to the United States as indicated above.

10. Viewing and changing your Personal Information
As an Athleticode account holder, you may view or change Your Account Information online by signing into your account at www.athleticode.com and clicking on the Manage Profile link in the top right corner of the page. You may also correct Your Account Information by phoning Athleticode Member Service at (510) 465-0800.

Contacting Us
If you have any questions or concerns regarding this Privacy Policy, or if you wish to have access to or request corrections or updates to personally identifiable information in our records, please contact:

CEO
Athleticode, Inc.
(510) 465-0800
privacy@athleticode.com

EFFECTIVE DATE: May 25, 2010