PRIVACY POLICY
UPGRADE PERFORMANCE GROUP, LLC
LAST UPDATED: April 11, 2025
We are excited to welcome you to the UPG Community! Your privacy is a top priority for us. This Privacy Policy (“Privacy Policy”) describes how we – UPGRADE PERFORMANCE GROUP, LLC (“us,” “we,” or “UPG”) – collect, use, protect, and share the personal information of our customers. Customers include those who visit the UPG Site and mobile applications, use our services, or otherwise interact with us.
READ THIS PRIVACY POLICY CAREFULLY. BY USING THE UPG SITE, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE UPG SITE.
1. PURPOSE OF POLICY. This Privacy Policy explains how UPG uses your information and applies to all who access or use our website, mobile or tablet websites, mobile or tablet applications, services available and accessible via our website and mobile applications, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, contest, sweepstakes, equipment, and any other materials or any other online activities or platform we own or control (collectively, the “UPG Site”), or when you contact us in any manner. We created this Privacy Policy to give you confidence as you visit and use the UPG Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the UPG Site and not to any other websites or mobile applications that you may be able to access from the UPG Site, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy.
2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE. All activities in which you may engage on the UPG Site are voluntary. You are not required to provide any personal information to us unless you choose to access features on the UPG Site that require such information. If you do not agree with the terms of this Privacy Policy or other Terms of Use on the UPG Site, then you should immediately exit the UPG Site and discontinue using the UPG Site. If you do not agree with the terms of our Privacy Policy and our Terms of Use, please do not provide us with personal information, and exit the UPG Site. The Terms of Use of the UPG Site are expressly incorporated herein by reference and made a part of this Privacy Policy. By using the UPG Site, you signify that you agree to the terms of this Privacy Policy as well as to our Terms of Use.
3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY. This Privacy Policy is effective as of the date “Last Updated”, above, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the UPG Site or we otherwise notify you of the changes. We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions, or deletions will be effective immediately upon their posting to the UPG Site. You should check this Privacy Policy periodically as its terms may change from time to time. Your continued use of the UPG Site after we post any such modifications will constitute your acknowledgment of the modified Privacy Policy and your agreement to abide and be bound by the modified Privacy Policy. We will also revise the “Last Updated” date found at the beginning of this Privacy Policy when we post changes to it. At minimum, UPG generally updates its Privacy Policy on an annual basis.
4. DISCLAIMERS. This Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond UPG’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online Privacy Policy only applies to information collected through the UPG Site. This Privacy Policy does not apply to any information we may collect from you in any place other than the UPG Site.
5. NO USE OF THE UPG SITE BY PERSONS UNDER 18 PERMITTED. UPG intends only persons who are 18 years or older to use the UPG Site. Personal information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Privacy Policy. UPG is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of email and other activities online.
THE UPG SITE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF YOU ARE BETWEEN THE AGES OF 13 TO 17 YEARS, YOU MUST ACCESS AND/OR USE THE UPG SITE ONLY WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
6. NOTICE CONCERNING CHILDREN. The UPG Site is a general audience site, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a UPG Site user is under age 13, we will promptly delete any personal information in that user’s account.
7. INFORMATION COLLECTION PRACTICES.
Depending on how you use the UPG Site, we may ask you to share personal information with us. Whether you choose to give us information is completely up to you; however, if you choose to withhold information, you may not be able to fully utilize the UPG Site.
What Information Does UPG Collect? We will receive, collect, store, and process information, including personal information and non-identifying information, when you interact with us and access the UPG Site. Non-identifying information means information that alone cannot identify you, including data from cookies (discussed in greater detail below). Personal information means information about you that specifically identifies you, or, when combined with other information we have, can be used to identify you. This generally includes but is not limited to the following types of information:
Contact Information: your name, user name(s), password(s), postal address(es), business information, email address(es), telephone number(s), or other addresses at which you are able to receive communications, including your street address or post office box, city, state, and zip code.
Physical Information: your height, weight, and other body measurements.
Fitness, Nutrition, and Activity Information: your level of fitness as well as details regarding your fitness skills, your sport history and preferences, your recreational preferences, the types and number of workouts you may be using, workout and activity tracking, hours trained or exercised, your dietary history and preferences, your medical history, and your occupational history.
Financial and Payment Information: information collected from you as needed to process payments for services, goods, or products purchased through the UPG Site, such as your payment credit card number, expiration date, card verification number, and related billing information.
Locational and Demographic Information: information you provide that enables us to determine areas of interest and activities; locational information, such as communities or neighborhoods; and demographic information, such as birth date, age, and gender.
Transaction Information and General Feedback: information you provide when you interact with us and the UPG Site, such as email, online form, and other communications, as well as content you post on message boards or social media, or information, reviews, and testimonials you submit about our products, goods, or services.
Lifestyle and Personal Preferences: your social media accounts and user names, as well as content, such as photos and videos of yourself.
When Does UPG Collect This Information? We may collect information when you interact with UPG and the UPG Site, for example when you:
Access or use the UPG Site.
Purchase services on or through the UPG Site.
Register or create or edit your account and user profile via the UPG Site.
Sign up to receive our email newsletter and receive news, information, and exclusive offers, etc.
Contact us and submit inquiries regarding general information and marketing.
Fill out online surveys, questionnaires, or forms, including the Complete the Physical Activity Readiness Questionnaire (PAR-Q).
Post comments, or submit photos, reviews, testimonials, ratings, or other information and content to the UPG Site, including to our blog and on social media.
Send emails to us, including attached files.
Open or respond to our emails.
Contact customer support.
At any time, you may indicate your preference to stop receiving further communications from us as further detailed below.
How Do We Use Your Information? In general, information you submit or share with us is used by UPG, for various purposes, including but not limited to the following:
To enable your access to our services and the UPG Site features, as well as to allow you to participate in interactive features of the UPG Site, if available, when you choose to do so.
To personalize your experience and to allow us to deliver the type of content and offerings in which you are most interested.
To assist you with your health and performance goals, such as providing you with advice, analysis, and feedback on your goals.
To provide, maintain, protect, develop, and improve the UPG Site, and to notify you about changes to the UPG Site.
To fulfill your requests for services, and process and deliver your transactions and orders.
To provide you with information in response to your inquiries, and to provide you with customer support.
To send periodic emails regarding your orders and services.
To mail information about the UPG Site, marketing materials, and gifts to you.
To offer you additional information, opportunities, promotions, and functionality from us or on our behalf.
To assist us in taking data security precautions and to engage in fraud prevention, detection, and remediation.
To detect, prevent, and address technical issues.
To comply with applicable international, federal, state, provincial and local laws, directives, rules, regulations, and ordinances; civil, criminal or regulatory investigations; or other legal requirements, such as court orders.
Information Collected Via Technology – Do We Use “Cookies”? As you use the UPG Site, certain information may be passively collected and stored on our service providers’ server logs, including your device information (e.g., Internet protocol address, browser type, device settings, and operating system) and usage information (e.g., the UPG Site you use, the time and duration of your use of the UPG Site, and other information about your interaction with content offered through the UPG Site) (collectively, “Log Data”). We use Log Data to administer the UPG Site and we analyze (and may engage third parties to analyze) Log Data to improve, customize, and enhance the UPG Site by expanding features and functionality and tailoring them to our users’ needs and preferences.
An Internet protocol address, or “IP Address,” is a number that is automatically assigned to your computer when you use the Internet. Your IP address enables us to identify your computer or devise on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Such general information, including cookies and click stream data, as mentioned herein, may be collected from you whenever you access the UPG Site, whether or not you provide us with any other personal information. In some cases, your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We may also use a person’s IP address for security purposes to fight spam, malware, and identity theft. We also use the IP address to generate aggregate, non-identifying information about how our UPG Site is used. We also use cookies and navigational data, like Uniform Resource Locators (“URLs”), to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the UPG Site you clicked.
“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the UPG Site. They are used to help us understand your preferences based on previous or current UPG Site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about UPG Site traffic and UPG Site interaction so that we can offer better UPG Site experiences and tools in the future. We may use both session cookies and persistent cookies to identify that you have logged into the UPG Site and to tell us how and when you interact with the UPG Site. We may also use cookies to monitor aggregate usage and web traffic routing on our Site and to customize and improve the UPG Site. Unlike persistent cookies, session cookies are deleted when you log off from the UPG Site and close your browser. You can manage your cookie preferences via your browser settings; however, if you choose to disable this function, your experience at the UPG Site may be diminished and some features may not work as they were intended. Some third party service providers that we engage (including third party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only UPG’s use of cookies and does not include use of cookies by such third parties.
Click Stream Data. When you visit the UPG Site, we may also collect “click stream data” (e.g., server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of the UPG Site, to determine which features of the UPG Site are most or least effective or useful to you.
Retargeting Ads. The UPG Site uses retargeting ads (also known as remarketing ads) to advertise online. Retargeting uses cookies from third party vendors like Google to track visitors. This tracking enables the third party vendors to display our ads to people on various sites across the Internet based on their visits to this website. Specifically, Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the UPG Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. If you wish to opt out of the use of such cookies, you can do so by visiting the Network Advertising Initiative opt-out webpage. You can also opt out of Google’s use of cookies on the Google Ad settings webpage.
Mobile and Location Information. UPG Site features may be accessible from web-enabled mobile devices. The intent is to provide screens that are optimized for the size of the screen and operating systems. On some devices, functionality may be limited. If you use mobile-enabled services provided by the UPG Site, such as any UPG mobile or tablet application made available by us, we may receive information about you from your mobile device. This may also include information about your precise location if you have enabled location-based services on your mobile device. We may also receive information about your device and may have access to your camera, microphone, or other device services or hardware. Some devices may allow you to opt-out of this collection or access, and in those cases, you may be able to subsequently stop the collection or access. Please review your device settings for more information.
Information from Third Party Sources. We may receive information about you from publicly and commercially available third party sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the UPG Site from that social media site. We encourage you to review the privacy policy and any terms and conditions for the social media platform you select.
Other Information We Collect. We also may collect other information about you, your device, or your use of the UPG Site in ways that we describe to you at the point of collection or otherwise with your consent.
Modifying, Deleting Your Information. You can access and modify the information you provide to us via the UPG Site or by contacting us in accordance with the “Contact Us” section below (i.e., either by phone, mail, or email). If you want us to delete your information, please contact us in writing with your request, at company@upgperformance.com or via mail in accordance with the “Contact Us” section below. We will take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law. You can adjust your communication preferences at any time, including opting out of promotional mailings, from your account.
Health Data Utilization
Health data is utilized solely to synchronize essential metrics and exercise information, providing accurate and personalized insights to support users' health and fitness goals. All data is handled in compliance with privacy and security standards, ensuring it remains confidential and is never shared with third-party applications or services. This approach aligns with industry best practices to maintain transparency and protect user privacy.
Account Deletion
To request the deletion of your personal information from our database, you can submit a request through our in-app settings or contact form available on our platform. For such requests, please write "delete my account" in the subject line, and include your first and last name and e-mail address in the body of the message. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for administrative purposes. Please note that we will store communications you may send through the Service, as well as any comments you may post, and they may not be subject to modification or deletion. You may also control the information that we collect through the settings in your browser or mobile device. You may configure your browser to reject cookies from our app and may adjust the settings of your mobile device to prevent the Platform from obtaining location information. However, please note that the Service may rely on cookies and location information to function properly and some parts of the Service may not be available if you disable cookies.
How Long We Keep Your Information. We will retain your information for as long as you use the UPG Site and for a limited period after you cease using the UPG Site for billing and collection purposes. UPG keeps your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law.
8. OTHER UPG SITE USER ACCESS TO YOUR INFORMATION. Portions of the UPG Site, such as social networking sites, are provided to you so that you can post reviews and recommendations. As such, the main sharing of your information is with other UPG Site users. By voluntarily disclosing information about yourself on the UPG Site, including on your public profile, you share such information with other UPG Site users. You understand and acknowledge that the content you share on the UPG Site is information that may be publicly viewable on a public forum – once you post your content, UPG is unable to control what other users may do with that content. We ask that you protect your private information and that of your family by not posting or publishing any information that you do not want in the public domain. You may restrict the audience for all or part of your profile or for certain content or information about you by adjusting the settings on your account.
9. THIRD PARTY ACCESS TO YOUR INFORMATION. Although you are entering into an agreement to disclose your information to us pursuant to this Privacy Policy, we do use third party individuals and organizations to assist us, including contractors, web hosts, app developers, and others. Throughout the course of our provision of the UPG Site to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website, or, our online and mobile interface provider develops and hosts a mobile application for us. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that every authorization that you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving the UPG Site or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
10. THIRD PARTY USE AND DISCLOSURE OF INFORMATION. Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes the personal information that we collect with third parties, unless you ask or authorize us to do so.
However, we may provide your personal information to third party service providers or affiliates to perform business functions on our behalf or in conjunction with us. Specifically, our service partners may use your personal information to operate the UPG Site and to deliver their services. For example, we may use third parties to help us make our services available to you, process credit card payments, provide customer service, conduct market research or information analysis, manage promotions, and contact you in connection with the UPG Site. We limit information provided to the aforementioned affiliate and third party service providers to the extent necessary for them to provide the services and require such service providers to promise not to use such information except as necessary to provide the relevant services to us. In these instances, we may need to provide your information to these third parties for such purposes. We will encourage our service partners to adopt and post privacy policies; however, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control. Please also see Section 15 on how we will respond to “Do Not Track” signals.
Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your personal information as set forth in this Privacy Policy.
We may also disclose your personal information if we believe in good faith that such disclosure is necessary to (A) respond to subpoenas, court orders, or legal process, or if we need to establish or exercise our legal rights or defend against legal claims; (B) share information in order to investigate, prevent, or take action regarding illegal or unethical activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law; (C) to protect our property, rights, and safety and the rights, property, and safety of third parties or the public in general; or (D) restrict or inhibit any user from using our UPG Site, including, without limitation, by means of "hacking" or defacing any portion thereof.
You hereby consent to us sharing your personal information under the circumstances described herein. If you do not want us to use or disclose personal information collected about you in the manner identified in this Privacy Policy, you may not use the UPG Site.
11. COMMERCIAL EMAILS. You may choose not to receive commercial emails from us by following the instructions contained in any of the commercial emails we send or by logging into your account and adjusting your email preferences. Please note that even if you unsubscribe from commercial email messages, we may still email you non-commercial emails related to your account and your transactions on the UPG Site. You may update your subscription preferences at any time.
12. SECURITY. We are committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your personal information, no company, including us, can fully eliminate security risks associated with personal information. The UPG Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While UPG strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the UPG Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the UPG Site and that any personal information, general information, or other data or information received from you through the UPG Site is provided to us at your own risk, which you expressly assume. You further understand and acknowledge that the Company’s online product and service reviews and testimonials, blog, and social media, to which users publish content, are a public forum and not a communication between you and your physician or healthcare provider. We ask that you protect your private health information and that of your family by not posting or publishing personal health information.
13. THIRD PARTY WEBSITES. The UPG Site may contain links to other websites or mobile applications. This includes services in connection with third party "social media" and other sites that would allow personal information to be transferred to such third parties (e.g., Instagram, Facebook, YouTube, Twitter, Skype, Google+, etc.). If you choose to visit other websites or mobile applications, we are not responsible for the privacy practices or content of those other websites or mobile applications, and it is your responsibility to review the privacy policies at those websites or mobile applications to confirm that you understand and agree with their policies. To protect your information, we recommend that you carefully review the privacy policies of other third party websites and services that you access.
14. CALIFORNIA'S "DO NOT TRACK" NOTICE; THIRD PARTY BEHAVIORAL TRACKING. "Do Not Track" ("DNT") is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. We are strongly committed to not sharing personal information with third parties; under this Privacy Policy, we may share your information only under particular situations, as described herein. Because we protect all users in this manner, we do not change our behavior in response to a web browser’s “Do Not Track” signal. For further details regarding DNT, visit https://allaboutdnt.com/. Further, we do not allow third party behavioral tracking.
15. YOUR CALIFORNIA PRIVACY RIGHTS: CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“CCPA”). The CCPA provides California residents with specific rights regarding their personal information. You have the right to know what categories and specific pieces of personal information are collected about you, and you have the right to request that UPG disclose certain information to you about our collection and use of your personal information over the past 12 months. As described in more detail herein, the UPG Site has collected the following categories of personal information from its consumers within the past 12 months: identifiers (e.g., name, email address, IP address, etc.); commercial information (e.g., products purchased or considered, or other purchasing or consuming histories or tendencies); Internet activity (e.g., usage data and information on your interaction with the UPG Site); geolocation data (e.g., your physical location, generally); and inferences about personal preferences and attributes drawn from profiling (e.g., via cookies).
As such and as applicable, you may submit a verifiable consumer request by contacting us in accordance with the “Contact Us” section below (i.e., either by phone, mail, or email). You also have the right to know what personal information is sold, shared, or disclosed with third parties. You may submit a verifiable consumer request by contacting us in accordance with the “Contact Us” section below (i.e., either by phone, mail, or email). Further, under the CCPA, you have the right to opt-out of the sale of your personal information; however, we do not sell your personal information. Subject to statutory exclusions, you have the right to request that we delete the personal information that we have collected about you. You may submit a request for deletion by contacting us in writing with your request, at company@upgperformance.com or via mail in accordance with the “Contact Us” section below. If you exercise your rights under the CCPA, you have the right to not be discriminated against.
16. YOUR CALIFORNIA PRIVACY RIGHTS: CALIFORNIA SHINE THE LIGHT LAW. Under California’s “Shine the Light” law, California residents who provide certain personal information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. Such requests must be submitted to us by contacting us in accordance with the “Contact Us” section below. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
17. NOTICE TO RESIDENTS OF COUNTRIES OUTSIDE THE UNITED STATES OF AMERICA. Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you live outside the United States, and you use the UPG Site or provide us with personal information directly via the UPG Site, your information will be handled in accordance with this Privacy Policy. By using the UPG Site or giving us your personal information, you are directly transferring your personal information and non-identifiable information to us in the United States. The United States may not have the same level of data protection as your jurisdiction. However, you agree and consent to our receipt, collection, transfer, and processing of your personal information and non-identifiable information in accordance with this Privacy Policy. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use the UPG Site or provide us with personal information. Regardless of where we transfer your information, we still protect your information in the manner described in this Privacy Policy.
18. CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE UPG SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
19. CONTACT US. If you have any questions about this Privacy Policy, our practices related to the UPG Site, or if you would like to have us modify or remove and delete your information from our database, please contact us at:
Upgrade Performance Group, LLC
131 Continental Drive, Suite 301
Newark, DE, 19713-4323
Email: company@upgperformance.com
When contacting us, please clearly state your request, including your name, mailing address, email address, and phone number.