PSYOPTIMAL PRIVACY NOTICE
Effective Date: 10-28-2024
Last Updated: 10-28-2024
This Privacy Notice (the "Notice") describes how PsyOPTIMAL Sports, LLC and its direct and indirect subsidiaries (collectively, "PsyOPTIMAL" or "we" or "us") collect, transfer, store, and/or use ("process") personal information that you submit or we collect through our online assessment platform (the "Platform"). This Notice is subject to our Terms of Use, available at Terms of Use which are incorporated herein by reference. Please read it carefully. By using the Platform, you understand and are accepting the practices described in this Notice and accept its terms. You also give your express permission for us to process personal information in accordance with this Notice.
We reserve the right to modify or amend this Notice at any time to reflect changes in our personal information practices or applicable law. Should it be necessary to do so, we will notify you and/or request your express consent, if required, of any material changes to this Notice by sending you an email if we have your email address and/or posting such changes on the Platform or by other acceptable means. Each version of the Notice is identified at the top of the Notice by its Last Updated date. Your continued use of the Platform after you have been notified of changes and/or changes have been posted constitutes your acceptance of the Notice as amended for personal information collected going forward, unless additional consent is required under applicable law. If you do not agree to the terms of our Notice, please do not use the Platform or provide us your personal information.
If you wish to download and print a copy of this Notice, please click Privacy Policy
1. Personal Information That You Provide To Us.
We collect most of the personal information about you directly from you, such as personal information that you provide by signing up and using our Platform. This includes the following:
Registration: When you register for the Platform, we collect your name, email address, and login information.
Assessments and/or Surveys: When you complete a PsyOPTIMAL Survey, we collect your name, email address, phone number, age, gender, head coach's name, your school name, and response to the questionnaire. If you are under the age of 13, this information will only be collected by PsyOPTIMAL to the extent your parent or guardian has provided the appropriate consent according to applicable law. We may retain this information to develop, revise, or determine the effectiveness of our Platform.
2. Personal Information Automatically Collected.
We also use cookies and other technologies to collect personal information automatically through your use of the Platform as described in the INFORMATION AUTOMATICALLY COLLECTED section.
1. Cookies & Other Technologies.
A cookie is a small file containing a string of characters that may be sent to your web browser when you visit a website. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable advertisement delivery and behavioral advertising.
Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves, some may expire after a few minutes while others may expire at a later time. Cookies placed by the website you are visiting are sometimes called "first-party cookies," while cookies placed by other companies are sometimes called "third-party cookies."
The Platform uses cookies that are sent by us or our third-party services. The use of cookies allows us to make our Platform more responsive to your needs by delivering a better and more personalized experience to you. You can reset your browser to refuse cookies or to indicate when a cookie is being sent. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. You may also set your preferences in our Cookie Consent Manager. If you disable cookies, you may be required to re-enter your information more often and certain features of our Platform, or our entire Platform, may be unavailable.
The following information may automatically be received and/or collected from you through the Platform: Internet Protocol ("IP") address, browser type, browser language, internet service provider, resource requested, date and time of resource request, HTTP referring resource, operating system, and/or clickstream data. We aggregate this data, and may combine this data with other information we collect about you to better understand how visitors use our Platform, improving user experience, and to help manage, maintain, and report on use of our Platform. We may also store IP addresses for fraud detection and prevention purposes.
2. Third-Party Service Providers.
We sometimes utilize third-party service providers to help us track the activity within the Platform. These third parties may use cookies and other tracking technologies. Our third-party service providers include the following:
3. Analytics
We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Site (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Site. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics' data privacy and security at the following links:
4. More Information.
You may learn more about cookies and how to opt out of them by visiting the following third-party website: http://www.allaboutcookies.org/.
The Platform may use interest-based advertising and re-targeting services to show you advertisements that are more relevant to your interests. This section is intentionally left brief as we expand our advertising capabilities.
The Platform does not respond to Do-Not-Track ("DNT") signals. You may learn more about DNT signals by visiting the following third-party website: www.allaboutdnt.com. We do not respond to Global Privacy Control signals.
We use personal information to provide you with a superior experience and, as necessary, to administer and manage our operations. We use your personal information in the following ways:
A legitimate interest is when we have a business or commercial reason to use your personal information, so long as it is not overridden by your own rights and interests. The table below explains why we process your personal information:
| How We Process Your Personal Information | Our Reasons |
|---|---|
| To provide the Platform to you. | For the performance of our contract with you or to take steps at your request before entering into a contract. |
| To prevent and detect fraud against you or our organization. | For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you. |
| To display advertisements to our advertisers' target audiences. | For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best Platform to you. |
| Processing necessary to comply with professional, legal, and regulatory obligations that apply to our business, e.g. under health and safety regulations or rules issued by our professional regulator. | To comply with our legal and regulatory obligations. |
| Gathering and providing information required by or relating to audits, inquiries, or investigations by regulatory bodies. | To comply with our legal and regulatory obligations. |
| Ensuring business policies are adhered to, e.g. policies covering security and internet use. | For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best Products to you. |
| Operational reasons, such as improving efficiency, training, and quality control. | For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best Products to you. |
| Ensuring the confidentiality of commercially sensitive information. | For our legitimate interests or those of a third
party, i.e. to protect trade secrets and other
commercially valuable information. To comply with our legal and regulatory obligations. |
| Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range, or other efficiency measures. | For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best Products to you. |
| Preventing unauthorized access and modifications to systems. | For our legitimate interests or those of a third
party, i.e. to prevent and detect criminal activity
that could be damaging for us and for you. To comply with our legal and regulatory obligations. |
| Updating and enhancing customer records. | For the performance of our contract with you or
to take steps at your request before entering into
a contract. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about new Products. |
| Statutory returns. | To comply with our legal and regulatory obligations. |
| Ensuring safe working practices, staff administration, and assessments. | To comply with our legal and regulatory
obligations. For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best Products to you. |
| Marketing our Platform to existing and former customers, third parties who have previously expressed an interest in our products and services, and/or third parties with whom we have had no previous dealings. | For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers. |
| External audits and quality checks. | For our legitimate interests or a those of a third
party, i.e. to maintain accreditations so we can
demonstrate we operate at the highest
standards. To comply with our legal and regulatory obligations. |
We may disclose personal information that we collect or that you provide as described in this Notice to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Platform improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Notice. As required by applicable state privacy legislation, whenever we engage a service provider, we require that its privacy and security standards adhere to this Notice.
You are welcome to contact us via the contact information contained in the CONTACT US section below to request further information about our policies regarding service providers.
1. The Personal Information We Collect.
We may collect the following categories of personal information that identify, relate to, describe, are reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
| Category | Examples | Collected |
|---|---|---|
| Identifiers. | A name, alias, postal address, unique personal identifier, online identifier, IP address, telephone number, email address, account name, social security number, driver's license number, passport number, or other similar identifiers. | Name, email address, and telephone number. |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) ("Personal Records"). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | Name, telephone number, school. |
| Protected classification characteristics under California or federal law | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, reproductive health decision-making, military and veteran status, or genetic information (including familial genetic information). | Gender, age |
| Internet or other similar network activity. | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | Browsing history, search history, information on a consumer's interaction with the Platform, and Internet connection/browser type. |
| Sensitive Personal Information | Government identifiers (Social Security number, driver's license, state identification card, or passport number); Complete account access credentials (user names, account numbers, or card numbers combined with required access/security code or password); precise geolocation (physical location); racial or ethnic origin; citizenship or immigration information; religious or philosophical beliefs; union membership; mail, email, or text messages contents not directed to us, etc. | Complete account access credentials |
2. How We Disclose And Share Personal Information.
We do not sell your personal information under any circumstances. We disclose and share personal information as shown below.
The first chart shows the categories of personal information we disclose to our service providers and contractors for business or commercial purposes. Although we do not sell personal information in exchange for money, some of the ways in which we disclose personal information for advertising or to our affiliated brands and companies may be considered "sales" or "sharing" under certain state privacy laws.
The second chart shows the categories of personal information we share for purposes of cross-contextual behavioral advertising or otherwise "sell" as that term is defined by applicable law. We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age.
Disclosures for a Business or Commercial Purpose
| Category of Personal Information | Categories of Recipients | Purposes for Disclosure |
|---|---|---|
| Identifiers. | Service providers and affiliates to provide services on our behalf. |
|
| Personal Records. | Service providers and affiliates to provide services on our behalf. |
|
| Internet or similar network activity. | Service providers and affiliates to provide services on our behalf. |
|
| Professional or employment-related information. | Service providers and affiliates to provide services on our behalf. |
|
| Sensitive Personal Information | Service providers and affiliates to provide services on our behalf. |
|
Sharing of Personal Information
| Category of Personal Information | Categories of Recipients | Purposes for Sharing |
|---|---|---|
| Identifiers. | Service providers and affiliates to provide services on our behalf. | Analytics, data strategy, consultation, development, or improvement of products and services, marketing, advertising, and related services. |
| Personal Records. | Service providers and affiliates to provide services on our behalf. | Analytics, data strategy, consultation, development, or improvement of products and services, marketing, advertising, and related services. |
| Internet or similar network activity. | Service providers and affiliates to provide services on our behalf. | Analytics, data strategy, consultation, development, or improvement of products and services, marketing, advertising, and related services. |
| Sensitive Personal Information. | Service providers and affiliates to provide services on our behalf. | Analytics, data strategy, consultation, development, or improvement of products and services, marketing, advertising, and related services. |
3. Shine the Light Notice
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Platform who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the email or postal address set forth in the CONTACT US section below.
You must put the statement "Shine the Light Request" in the body of your correspondence. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. This right is different than, and in addition to, the rights provided by the California Consumer Privacy Act, as amended by the California Privacy Rights Act, (collectively, "CCPA") (as described in YOUR STATE DATA PRIVACY RIGHTS), and must be requested separately. However, a Do Not Sell or Share My Personal Information opt-out is broader and will limit our sharing with third parties for their own direct marketing purposes without the need for making a separate Shine the Light request. We will not accept Shine the Light requests by telephone or by fax, and are not responsible for requests not labeled or sent properly, or that are incomplete.
If you are a resident of the states of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia, you may have certain rights under applicable data privacy laws. If you are a resident of the state of California, you have the right under the CCPA to exercise your rights free of charge twice per year. These rights are described below:
| Right | Description of the Right |
|---|---|
| Right to Know and Request Disclosure (California residents only). |
The right to request that we disclose certain information to you about our collection
and use of your personal information, including:
|
| Right to Confirm. | The right to confirm whether or not we are processing your personal information. |
| Right to Access. | The right to access your personal information, subject to exceptions set out in the applicable state law. |
| Right to Delete. | The right to request that we delete any of your personal information that we collected from or about you and retained, subject to certain exceptions set out in the applicable state law. |
| Right of Correction. | The right to request that we correct any of your personal information that is inaccurate. |
| Right to Obtain a Copy. | The right to obtain a copy of or otherwise receive the personal information that you have provided to us in a portable, readily usable format that can be easily transferred to third parties. |
| Right to Opt Out. |
The right to opt out of the following uses of your personal information:
|
| Right to Limit Use of Sensitive Personal Information. |
The right to:
|
| Right to Non-Discrimination. | The right to not be retaliated or discriminated against because you have exercised your data privacy rights. |
If you or an authorized representative want to review, access, correct, or withdraw consent to the use of your personal information you may send us an email at privacy@psyoptimal.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification. To verify a request, you will need to provide:
If your request is submitted on your behalf by an authorized representative, you will need to provide proof of the representative's authority to act on your behalf by writing signed by you.
If we are unable to verify your request, we may deny the request or ask you for additional information that is reasonably necessary to authenticate your identity in connection with the consumer request.
Once your email is submitted to us, you will receive an email within 10 days that we will use to verify your identity and provide confirmation of your request. We will respond to your request to know or delete or correct within 45 days from the day we receive the request. If necessary, we may extend the time period to a maximum of 45 additional days from the day we receive the request. In such case, you will receive an email notifying you of the extension and explaining the reason for the extension.
Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
You may also have the right to appeal our decision if we deny your consumer request. If we deny your consumer request, you can send an email to privacy@psyoptimal.com requesting an appeal of the denial. Within 45 days of receipt of your appeal, we will inform you of the action we took or did not take in response to your appeal. We may extend the 45-day period by an additional 15 days where reasonably necessary and inform you of the delay and the reasons for the delay. If your appeal is denied, we will provide you with an online mechanism to contact the Attorney General to submit a complaint in your respective state.
We will keep your personal information for as long as necessary to fulfill the purposes we collected it for and in accordance with our internal document retention policy and any applicable laws. Different retention periods apply for different types of personal information.
Under some circumstances, we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
All personal information is stored on databases and/or servers that are operated by Wendal. Personal information stored with Wendal may be stored in the United States or other countries. Wendal's Privacy Notice, which discloses its data practices regarding information collected, may be accessed here. To the extent we collect credit card information, this information is not stored by PsyOPTIMAL but processed and stored by our payment processors.
The Platform is intended for use within the United States and is not intended to be used in any other territory. The Platform may function in countries other than the United States. If you use the Platform from outside either the United States, you explicitly accept that your personal information may be transferred to, stored, and processed in the United States where laws regarding processing of personal information may differ than the laws of other countries. If you reside in a jurisdiction other than the United States and have questions regarding our use of your personal information, please contact us via the contact information in the CONTACT US section below.
To protect your personal information in our custody or control from theft, unauthorized access, use, modification, and disclosure, and to maintain its accuracy and integrity, we have implemented reasonable technical, physical, and administrative security measures. These measures include:
Although we have implemented such security measures, please note that no electronic transmission of information can be guaranteed to be entirely secure. You acknowledge and agree that we are not responsible for the theft, destruction, or inadvertent disclosure of your personal information.
We do not knowingly collect or solicit personal information from anyone who we know to be under the age of 18 without consent from your parent or guardian, consistent with applicable law, including the Children's Online Privacy Protection Act ("COPPA"). If you are under the age of 18, you should use the Platform only with the involvement of a parent or guardian, as set forth above, and should not submit any personal information to us at all. If you believe that your child under the age of 18 has provided personal information to us without appropriate consent, please contact us via the contact information contained in the CONTACT US section below.
Our Platform may contain links to third-party websites. PsyOPTIMAL is not responsible for the content or policies of such websites and platforms. We recommend that you review the privacy policy posted on each third-party website and digital platform that you visit.
To request this Notice in an alternative format, please reach out to us at the contact information provided in the CONTACT US section below.
If you have any questions regarding this Notice or our personal information practices, please feel free to contact us via email at privacy@psyoptimal.com.