Privacy Policy
Last Updated: 07/09/2024
Privacy is very important to our team at Anderson Mental Performance, LLC (d/b/a “ACG Mental Performance”, referred to herein as “we”, “us”, “our”,or “ACG”). We respect your privacy and are committed to protecting it through our compliance with this Policy. This Policy describes how we collect, use, store, process, protect and disclose “Personal Information,” which is generally information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device, as more fully described below, which we obtain when you visit the websites that we own or control, today or in the future (the “Sites”), or when you use or receive services through any other mobile applications, digital resources, programs, or communications offered by us and other data collection services that we own or control, today or in the future (the “Apps”), or by or through any other means, including, without limitation, receiving coaching or mental performance services (collectively, with the Sites and Apps, the “Services”). As we may collect Personal Information about you and/or any recipient or user of Services which registered to receive Services, “you”, as used in this Policy, is intended to apply broadly and includes any person using or accessing our Sites or Apps or receiving Services (regardless of whether the Services are provided via the Sites or Apps, or otherwise).
This Policy also governs the use of Personal Information we obtain from any third-party site or application that you authorize to provide us with Personal Information. Please be aware that we cannot control the privacy policies or practices of sites or companies that we do not own or control and cannot control the actions of people we do not employ or manage. This Policy also sets forth your rights and choices regarding how we collect, use, and share your Personal Information.
Please read this Policy carefully. This Policy is incorporated into and is subject to the Terms of Use (posted on our website) for the applicable Services. In the event of a conflict between this Policy and such Terms of Use, the applicable Terms of Use will control. We have tried to make this Policy clear and easy to navigate, but if you have any questions about it, please e-mail us at info@acgmentalperformance.com or contact us by another method described in this Policy. If you do not want us to collect, use, store or share Personal Information in the ways described in this Policy, please do not use the Services. By using the Services, you consent to our collection, use, storage and sharing of Personal Information as described in this Policy.
I. Information We Collect
Information You Provide to Us
We collect information that you provide to us. When you use some of our Services, you may choose to provide certain information to us, directly or indirectly, we may request more information as necessary to provide the Services. We will collect, use, store and/or share such information, which may include Personal Information, consistent with this Policy. Examples of the Personal Information we collect include information you provide when you:
fill out forms or create an account on one of our Sites or Apps or otherwise use the Services
request customer service, ask product-related questions, share suggestions or feedback, or otherwise correspond with us using the Services, email, phone, or access or interact with our webpages or accounts on third-party social media platforms
purchase and/or receive products or Services from us
submit reviews or comments on our Services or social media pages
The types of Personal Information you may share with us include, without limitation, your name, email address, physical or postal address, phone number (including your mobile phone number), and the username and password you select to use the Services. We will also collect and maintain information about all transactions associated with your accounts. You may also share Personal Information during the course of receiving our purchasing Services that relate to your background and history, experiences, habits, preferences, physical injuries, ailments, or limitations, emotional or physical traits, family history, and extracurricular activities.
“Non-Personal Information” is any information that does not does not identify a natural person and is not identifiable to a natural person, such as, for example:
anonymized information
aggregated information
information about your business operations, including, but not limited to, the name, form, and contact details of legal persons in their business capacity
When data is described as “anonymized,” it means that the data is no longer associated with a particular person. When data is described as “aggregated,” it means that such information has been combined with other data in such a way that no person can be identified or linked to any specific action or information.
Information We Receive From Third Parties
We may receive your Personal Information from third party business partners and contractors, including our contracted coaching and mental performance professionals. We may also receive Personal Information from social media sites, ad networks, analytics providers, our business partners, and advertising and marketing agencies and vendors. We may also receive information from other sources to help us supplement our records, improve the personalization of our Service to you, and detect fraud. Our goal is to limit the information we collect to the information needed to support our business and provided Services.
Information We Collect Through Automatic Data Collection Technologies
You also provide us information in other ways through technology to help our Sites and Apps work properly and support customer service, marketing, and analytics efforts to help us understand our customers’ needs, and provide information about our products and Services. Some of this information may be linked to you personally. When you use our Services, our servers may automatically record information that your browser or device sends whenever you visit a website or utilize an application. This information may include your IP address, the type of device you are using, the Internet service provider or mobile carrier you are using, your device identifiers, your mobile telephone number, your geographic location and your activities within the Services, including the links you click, the pages or screens you view, your session time, the number of times you click a page/screen or use a feature of the Services, the date and time you click on a page or use a feature and the amount of time you spend on a page or using a feature.
Our Sites also use “cookie” technology to collect additional website usage data and to improve the Sites and our Services. A cookie is a small data file that is transferred to your computer’s hard disk. A session cookie enables certain features of the Sites and is deleted from your computer when you disconnect from or leave the Sites. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Sites. We may use both session and persistent cookies to better understand how you interact with our Sites, to monitor aggregate usage by our users and web traffic routing on our Sites, and to improve our Sites and Services. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all of the services or functionalities of the Sites.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the webpages or other content you view or otherwise interact with on our Sites and the dates and times that you visit, access, or use our Sites. We may also use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message, to the extent permitted under applicable law.
In short, we may use these automated technologies to collect the following information:
your IP address, browser type, and operating system
the mobile device you use and its temporary or persistent unique device identifiers
pages you view within the Services
emails from us that you open and/or forward
offers or links from us to which you connect
information about products you purchase using the Services, including payment method, the date and time of the transaction, items purchased, the purchase price, and other order or purchase related information
Information Collected by Third Parties
We may display third-party content on the Sites and the Apps, including third-party advertising. Third-party content may use cookies, web beacons or other mechanisms for obtaining data in connection with your interaction with such third-party content. Information collected through third-party web beacons and buttons is collected directly by these third parties, and not by us. Please consult such third party’s data collection, use and disclosure policies for more information. If you do not consent to such third-party data collection, use and disclosure practices, do not use or interact with the third-party content on the Sites and Apps.
Links to Other Websites
The Sites and Apps may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer or mobile device, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through our Sites and Apps. We encourage you to read the privacy policies or statements of the other websites you visit.
II. How We Use The Information We Collect
Non-Marketing Purposes
We may use the information we collect for non-marketing purposes including:
validating your identity and managing your account with us
processing your transactions and providing our products and Services to you
communicating with you for non-marketing purposes, including order processing and fulfillment
sending you push notifications or e-mails to provide you with alerts and updates about your account and our services. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
conducting statistical or demographic analysis
complying with legal and regulatory requirements
customizing and improving your experience with the Services or our products
protecting and defending ACG and its affiliates (if any) against filed or threatened legal actions, claims, or investigations
detecting and preventing fraud
debt collection
satisfying contractual obligations
cooperating with law enforcement or other government agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Information is necessary or appropriate to protect the public interest
improving customer service
providing you the features and functionalities associated with the Services
any other purposes for which we obtain your consent
for other business purposes permitted under applicable law or disclosed at the time we collect the data
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
as necessary if we believe disclosure is necessary and appropriate to protect the rights, property, and health or safety of you or any other person or entity. This includes, without limitation, exchanging information with other companies and organizations, private or governmental, for the purposes of fraud protection.
These purposes may be necessary for us to perform a contract to which you are a party, comply with a legal obligation to which we are subject, protect our vital interests or the interests of another natural person, or otherwise pursue our legitimate business purposes and objectives. We may obtain your consent to process your Personal Information if and as necessary.
Marketing Purposes
We may use the Personal Information we collect for our own marketing purposes including notifying you of special promotions, offers and events via push notifications, email, and other means, subject to compliance with applicable laws and consent requirements. We may also link Personal Information (including your name, mobile phone number, and email address) with Non-Personal Information (including Personal Information automatically collected as described in this Policy) and use such information for our own marketing purposes.
Other Purposes
We may also use information in the aggregate to understand how our users as a group use the Services provided on our Sites and Apps. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated or incompatible purposes without providing you notice.
Because Non-Personal Information does not personally identify you, we may use and disclose such information for any purpose. In some instances, we may combine this information with Personal Information (such as combining your name with your location data), but in such instance, we will treat the combined information as Personal Information.
III. How and With Whom We Share Your Information
For business purposes, we may share certain Personal Information we receive from and about you, and about your transactions with us, with certain third parties, including our advertising/digital agencies and other vendors, including our contractors, service providers and other third parties we use to support our business. Doing so allows us to provide the Services you request.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties
We may also share your Personal Information with the following third parties:
Third Party Service Providers
Your Personal Information may be shared with or collected by third party service providers who provide us with Services, including, but not limited to, providing contracted professional coaching and mental performance services, facilitating mailing information and services, data hosting or processing, payment and credit card processing, processing and fulfilling transactions, and shipping and delivering products you order. We require these third-party service providers to exercise reasonable care to protect your Personal Information and restrict their use of your Personal Information to the purposes for which it was provided to them.
We may also allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Services.
Anonymous Information/Aggregated Information
We may freely use aggregated and anonymized information as allowed by law and share it with third parties. Any anonymized information we provide to third parties does not identify you and is not considered Personal Information, and, as such, is not subject to the terms of this Policy.
Sale of our Business; Bankruptcy
In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us. We reserve the right, in connection with these types of transactions, to transfer or assign your information and other information we have collected to third parties or to authorize third parties to use any such information retained by us. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new Privacy Policy adopted by the successor entity.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against legal claims, for legal process (including subpoenas), to protect the property and rights of us or a third party, to protect us against liability, for the safety or well-being of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Services and any equipment used to make the Services available, or to comply with applicable law.
IV. Access to Information and Your Choices
We provide you with the opportunity to access, update or delete certain information and to unsubscribe or opt-out from certain communications. For example, you may exercise your choices as explained below. Please be aware that, if you do not allow us to collect and use your Personal Information, we may not be able to deliver certain products, services, promotions, and offerings to you. To protect your privacy and security, we reserve the right to take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Account Management Options
You may access, correct, or update certain Personal Information you have provided to us at any time by accessing your ACG user account, if you have one. If you have an ACG user account, you may also choose to close it by accessing your profile online. You may also choose how and whether to receive promotional or marketing communications from us by exercising your choices by following instructions available on the Services or in communications sent to you, or by contacting us using one of the methods described in this Privacy Policy.
Opt-Out/Correction/Deletion Requests
You may receive mailings or emails from us with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from us or on our behalf. If at any time you wish to stop receiving emails, mailings, or other communications from us please reply to any of our emails and type “unsubscribe” in the subject line or send us an email to info@acgmentalperformance.com and we will remove you from our mailing list. Please note that we may continue to send transactional or account-related messages to you.
Alternatively, for email communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth in the messages you receive from us. Your unsubscribe request or email preferences change will be processed promptly, though this process may take several days. During that processing period, you may receive additional email communications from us.
We will support your ability to access, correct, and delete your Personal Information. If we have obtained your Personal Information from another third party, we may confirm your request through them. For assistance with exercising your choices, or if you have any questions about your choices, please contact us at info@acgmentalperformance.com.
VI. Security
We are committed to protecting the security of the Personal Information you provide to us and that we collect about you. We maintain commercially reasonable safeguards to maintain the security and privacy of Personal Information that you provide to us. Our safeguards vary based on the sensitivity of the information that we collect and store.
Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the use of email and the Internet. Your information may be intercepted without our consent, collected illegally and used by others without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk. You are responsible for maintaining the security of your account username and password. We recommend that you change your password periodically. If you believe that your account username and/or password have been stolen or been made known to others, it is your responsibility to immediately contact us at info@acgmentalperformance.com and change your password. We are not responsible if someone else accesses your account through information they have obtained from you.
VII. Underage Persons
Some of our Services may be provided to persons younger than 13. However, as parents or guardians are required to register any person under 13, and because we do not target our Sites or Apps to persons under 13, we do not expect to receive and do not knowingly collect any Personal Information from persons under 13 on the Sites or Apps. If you are younger than 13, you may not access, attempt to access, or use the Sites or Apps. Should we become aware that anyone between the age of 13 and 18 has submitted Personal Information to our Sites or App without parental or legal guardian’s consent, we will delete that information and not use it for any purpose. If you believe that someone under the age of 18 has submitted Personal Information through the Services or Apps contrary to this paragraph, please contact us at info@acgmentalperformance.com. We encourage parents and legal guardians to talk with their children about the potential risks of providing Personal Information over the Internet.
IX. Retention
We retain Personal Information for as long as necessary to fulfill the purposes for which it is collected or processed. We also retain information for related business purposes, security, legal compliance, and disputes and claims handling as permitted by applicable law.
X. Changes to this Policy
We may revise this Policy from time to time in our sole discretion, and the updated Policy applies to you after the effective date of the revision. Your continued access or use of the Services following any amendments to the Policy constitutes your acceptance of the Policy as amended. It is your sole responsibility to monitor our website for changes to the Policy.
XI. Do Not Track
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings. We do not currently take actions to respond to Do Not Track signals.
XII. Contact Us
If you would like to review, update, or correct your information or modify your communication preferences, or if you have questions regarding this Policy or the use of information collected, you can contact us at: info@acgmentalperformance.com.