• On or through our Website.
• In e-mail, text and other electronic messages between you and our Website.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by the Company or any third party.
• Any third party, including through any application or content (including advertising), that may link to or be accessible from our Website.
A. Children's Privacy
We are committed to complying fully with the Children’s Online Privacy Protection Act (“COPPA”). Our information collection policy is described below. Parents of children who are under the age of 13 should ensure that they understand our policies regarding personal information before entering any personally identifiable information on or through the Website. ES will not require a child to disclose more information than is reasonably necessary to help them improve as an athlete. As a parent or guardian, you may review your child’s personal information, direct ES to delete it, and refuse to allow any further collection or use of the child’s information. By using our Website, you agree to the collection and use of your child’s information. To exercise your rights, contact us at 720.509.9567 or by mail at 7347 S Revere Pkwy #100B, Centennial, CO.
In compliance with COPPA, we have adopted the following policies to keep children safe:
• We will not knowingly provide any direct link to websites that are unsuitable for children or teens.
This policy addresses what Personal Information (defined below) is and how ES uses Personal Information that ES collects from this Website and may otherwise receive from You. Personal Information is information about You that is personally identifiable (such as Your name, physical address, email address, phone number, etc), as well as information relating to your athletic training, such as your historic training metrics; your training goals; and training techniques and / or training protocols you use or have used, whether developed by you or any of your coaches.
C. Information Collection and Use
ES does not rent, sell, or share Personal Information about You with other people or companies except to provide or offer services You have requested, when ES has Your permission, or under the following circumstances: (i) ES responds to subpoenas, court orders, or other legal process, or to establish or exercise its legal rights or defend against legal claims; (ii) ES 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 the ES policies or these terms and conditions, or as otherwise required by law; (iii) ES outsources certain services or functions related to this Website and the disclosure of Your Personal Information is necessary for ES to provide the services related to this Website; or (iv) ES transfers Your Personal Information to its successor in interest related to the sale of its business or this Website or a merger. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
D. Confidentiality and Security
i. ES uses commercially reasonable protections to safeguard Your Personal Information. These measures are intended to protect against the loss, misuse, or alteration of the information under our control; however, ES cannot guarantee that our security measures will prevent parties (such as “hackers” or other bad actors) from illegally obtaining or misusing Personal Information.
ii. Although ES takes reasonable security measures to protect Your Personal Information, ES must interact with third party servers and systems (for example, to support Your requests, provide services, and process Your transactions). ES strives to work with only reputable third party vendors to provide those services, yet ES is not responsible for any acts or omissions of third party vendors.
E. Registration and Password
To access some of the content, information, and services at the Website, You may be required to register by providing certain information and creating a user name and password to access (or log in). You are responsible for maintaining the confidentiality of Your user name and password. You shall be responsible for all uses of Your user name(s) and password(s). You agree to immediately notify ES of any unauthorized use of Your user name(s) and/or password(s).
F. Public Forums, Indemnification, Release & Content License From You
Any information that You disclose in public areas of this Website (or the Internet in general) may become public information. You should exercise caution when deciding to disclose personal information in such areas. Any and all information posted or contributed to any element of the Website may be used by ES in any manner, and the act of contributing information or other content constitutes a perpetual, royalty free, worldwide license for ES (and its affiliates and successors) to use, reproduce, distribute, perform, display and make derivative works from such information and content. By submitting content or information to this Website, You represent and warrant that such information and content does not infringe upon or violate any person’s or company’s rights, and You agree to indemnify, defend and hold harmless ES, its affiliates, officers, directors, employees and contractors for any damages or liability that arise out of or related to Your contribution of content or information. You promise not to sue or make a claim against ES or its affiliates, officers, directors, employees or contractors and You hereby waive any and all claims against such parties for any liability or damages arising out of or related to the acts or omissions of other users or contributors to this Website.
F. Cookies; Pixel Tracking
ii. In addition to using Cookies, the Website may employ “pixel tracking”, a common process which may be used in connection with advertisements on other sites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A “pixel tag” is an invisible tag placed on certain pages of websites that is used to track an individual user’s activity. We may access these pixel tags to identify activity and interests that may allow us to better match our goods, services, and other offers with Your interests and needs. For example, if You visit our Website from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought You to the Website. If You visit our Website, and we link You to another website, we may also be able to determine that You were sent to and/or transacted with a third party website. This data is collected for use in our marketing and research.