Privacy Policy

Horizon Performance Privacy Policy – HP-0002 Version 3 (Effective: 5/23/2023)

Our privacy policy (the “Privacy Policy“) explains how information is collected, used and disclosed by Horizon Performance, LLC (“Horizon Performance” or “us“) with respect to your access and use of Horizon Performance’s GideonSoft mobile app, website, any other App provided by Horizon Performance, and services provided through the GideonSoft website (collectively the “Service“). This Privacy Policy is intended to be read in connection with the Terms of Use governing the Service (the “Terms” and, along with the Privacy Policy, the “User Agreements“) which are available at http://horizonperformance.com/terms. Capitalized terms used in this Privacy Policy and not otherwise defined have the meaning given such terms in the Terms. We may revise this Privacy Policy from time to time, provided that we shall provide a copy of such revised privacy policy at http://horizonperformance.com/privacy. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised privacy policy. If you have any questions or concerns about our Privacy Policy, please contact our privacy team at: [email protected] IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE USER AGREEMENTS, OR ARE NOT CAPABLE OF FORMING A LEGALLY BINDING CONTRACT WITH HORIZON PERFORMANCE, YOU MAY NOT USE THE SERVICE AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE. YOU ARE ENCOURAGED TO PRINT AND READ THE USER AGREEMENTS CAREFULLY AND TO CONTACT HORIZON PERFORMANCE WITH ANY QUESTIONS THAT YOU MAY HAVE BEFORE YOU USE THE SERVICE.

01. What Information Do We Collect?

We collect certain information you provide to us when you use the Service, such as, when you create an account and profile (including your Account information as described in the Terms), send us an email, fill out a document, record a behavior, or post information or other Content to the Service. We may collect certain personal information, such as your name, photograph or picture, email address, phone number and/or certain other Content, as well as certain information that is not typically considered to be personally identifying, such as your gender, height and zip code. We may also collect the contact information of your contacts, if you choose to connect your contacts and address book information with the Service. We may also collect your login credentials to any third party accounts (as described in more detail in the Terms) if you choose to connect those accounts with your Account. In addition to the information described above, we also automatically collect certain information when you use the Service, such as your location/GPS coordinates (if you enable this feature), a device identifier but not the UDID), MAC address, Internet Protocol (IP) address (if using a browser), operating system, the browser type, the address of a referring site and your activity on the Service, including from within various Apps and/or the GideonSoft or Horizon Performance website(s). We may also analyze your use of the Service with third party software that allows us to monitor and record your navigation and usage activities, in order to better customize and improve the Service and/or other products. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above. We may also automatically collect certain information through the use of “cookies“. These are small files that your browser places on your computer. We may use both session cookies and persistent cookies to better understand how you interact with the Service, to monitor aggregate usage by our users and web traffic routing on the Service, and to improve the Service and/or to offer additional services or products. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

02. How Do We Use the Information We Collect?

2.2.1 We use the information collected through the Service, as described above, for the purposes described below:

• to provide our Service or information you request, and to process and complete any transactions;
• to respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
• to monitor and analyze usage and trends, and to personalize and improve our Service, our products, and your experiences when you use the same, such as providing content or features that match your profile or interests (including ads), and to increase the functionality and user friendliness of the Service;
• to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of the Service;
• to allow you to add your location to any Content you may submit and/or to otherwise modify the Content in accordance with the Terms;
• to aggregate, and display for others to see; and
• for any other purpose for which the information was collected.

2.2.2 The following list includes (but is not limited to) types of information we DO NOT share with third parties:

• Mobile information for marketing or promotional purposes excluding text messaging originator opt-in data and consent

• PII to include (but not limited to) name, address, social security number, phone number, etc.

• Public health information

• Any other protected data except as mentioned in 2.2.1.

03. What Information Do We Share With Third Parties?

We will not share, rent or sell personally identifiable information that we have collected from you, except as described below:

• with your connections on the Service (including on any App) with whom you want to share your Content, and according to the preferences set in your Account;
• with certain social networking services (including Linked Accounts), if you allow such sharing through our Service;
• with service providers who are working with us in connection with the operation of the Service (these service providers have access to your personally identifiable information only to perform services on our behalf and are obligated not to disclose it or use it for any other purposes);
• to share aggregated information, and non-identifiable information with third parties for advertising, industry analysis, research, demographic profiling and other similar purposes;
• when you give us your consent to do so, including if we notify you that the information you provide will or may be shared in a particular manner and you provide such information;
• when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;
• to enforce or apply our Privacy Policy, Terms of Use, or any other policies or agreements to which you are subject; and
• in connection with, or during negotiations of, any merger, sale of company assets, financing, change of control transaction or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.
• Procedures for requesting data will be handled according to the policies and procedures outlined in the most current version of the Media and Data Usage Policy HP-0108.

We are not responsible for the actions of service providers or other third parties, including with respect to your personally identifiable information, nor are we responsible for any information you choose to provide to any third parties.

04. Links to Other Sites

The Service may contain links to other sites. Any information you provide on or to those sites is provided directly to the owner of that site and is subject to that party’s privacy policy. Our privacy policy does not apply to such sites, and we are not responsible for the content or privacy and security practices and policies of those sites.

05.What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. As a result, we cannot ensure or warrant the security and privacy of any of your information or of your or our network and/or security systems, and your transmittal of any information to us and your use of the Service is solely at your own risk. If you have any questions regarding the security of the Website or the Service you are encouraged to contact our privacy team at the email address set forth above. Please keep your Account information secure and secret. You are responsible for taking reasonable steps to maintain the secrecy of your unique password and other Account information, and for controlling access to emails between you and the Service, at all times. Your privacy settings may also be affected by changes the third party services you connect to the Service make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization. You should not share your Account information with third parties and, if you believe that any of your Account information has been compromised, you should notify us immediately and change your Account information as directed through the Service.

06. Accessing, Modifying, and Deleting Your Information

If you have an account, you can access and modify some of the personal information you provided us that is associated with your Account. You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails. If you opt out of these messages, you will still receive emails from us about your Account, our services and other pertinent information related to our services. These communications are considered part of the Service and your Account, which you cannot opt-out from receiving.

07. International Users

If you are located outside the United States and choose to provide information to us, we may transfer your information to the United States and process it there. By using the Service, you consent to the collection, transfer, use, storage and disclosure of your information as described in this privacy policy.

08. OUR POLICY TOWARD CHILDREN

Our Service is not directed to children under 13 and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible. Please notify us at [email protected] if you have any questions or concerns regarding underage children and their use of the Service.

09. Changes

Any information that is collected is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise our privacy policy from time-to-time. If we make any material changes to this policy, we will notify you of such changes by posting them on the Service or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Service after those changes become effective, you are agreeing to be bound by the revised policy.

10. Questions?

Please contact us at [email protected] if you have any questions about our privacy policy.

Horizon Performance Privacy Policy – HP-0002 Version 3 (Effective: 5/23/2023)

Our privacy policy (the “Privacy Policy“) explains how information is collected, used and disclosed by Horizon Performance, LLC (“Horizon Performance” or “us“) with respect to your access and use of Horizon Performance’s GideonSoft mobile app, website, any other App provided by Horizon Performance, and services provided through the GideonSoft website (collectively the “Service“). This Privacy Policy is intended to be read in connection with the Terms of Use governing the Service (the “Terms” and, along with the Privacy Policy, the “User Agreements“) which are available at http://horizonperformance.com/terms. Capitalized terms used in this Privacy Policy and not otherwise defined have the meaning given such terms in the Terms. We may revise this Privacy Policy from time to time, provided that we shall provide a copy of such revised privacy policy at http://horizonperformance.com/privacy. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised privacy policy. If you have any questions or concerns about our Privacy Policy, please contact our privacy team at: [email protected] IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE USER AGREEMENTS, OR ARE NOT CAPABLE OF FORMING A LEGALLY BINDING CONTRACT WITH HORIZON PERFORMANCE, YOU MAY NOT USE THE SERVICE AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE. YOU ARE ENCOURAGED TO PRINT AND READ THE USER AGREEMENTS CAREFULLY AND TO CONTACT HORIZON PERFORMANCE WITH ANY QUESTIONS THAT YOU MAY HAVE BEFORE YOU USE THE SERVICE.

01. What Information Do We Collect?

We collect certain information you provide to us when you use the Service, such as, when you create an account and profile (including your Account information as described in the Terms), send us an email, fill out a document, record a behavior, or post information or other Content to the Service. We may collect certain personal information, such as your name, photograph or picture, email address, phone number and/or certain other Content, as well as certain information that is not typically considered to be personally identifying, such as your gender, height and zip code. We may also collect the contact information of your contacts, if you choose to connect your contacts and address book information with the Service. We may also collect your login credentials to any third party accounts (as described in more detail in the Terms) if you choose to connect those accounts with your Account. In addition to the information described above, we also automatically collect certain information when you use the Service, such as your location/GPS coordinates (if you enable this feature), a device identifier but not the UDID), MAC address, Internet Protocol (IP) address (if using a browser), operating system, the browser type, the address of a referring site and your activity on the Service, including from within various Apps and/or the GideonSoft or Horizon Performance website(s). We may also analyze your use of the Service with third party software that allows us to monitor and record your navigation and usage activities, in order to better customize and improve the Service and/or other products. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above. We may also automatically collect certain information through the use of “cookies“. These are small files that your browser places on your computer. We may use both session cookies and persistent cookies to better understand how you interact with the Service, to monitor aggregate usage by our users and web traffic routing on the Service, and to improve the Service and/or to offer additional services or products. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

02. How Do We Use the Information We Collect?

2.2.1 We use the information collected through the Service, as described above, for the purposes described below:

• to provide our Service or information you request, and to process and complete any transactions;
• to respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
• to monitor and analyze usage and trends, and to personalize and improve our Service, our products, and your experiences when you use the same, such as providing content or features that match your profile or interests (including ads), and to increase the functionality and user friendliness of the Service;
• to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of the Service;
• to allow you to add your location to any Content you may submit and/or to otherwise modify the Content in accordance with the Terms;
• to aggregate, and display for others to see; and
• for any other purpose for which the information was collected.

2.2.2 The following list includes (but is not limited to) types of information we DO NOT share with third parties:

• Mobile information for marketing or promotional purposes excluding text messaging originator opt-in data and consent

• PII to include (but not limited to) name, address, social security number, phone number, etc.

• Public health information

• Any other protected data except as mentioned in 2.2.1.

03. What Information Do We Share With Third Parties?

We will not share, rent or sell personally identifiable information that we have collected from you, except as described below:

• with your connections on the Service (including on any App) with whom you want to share your Content, and according to the preferences set in your Account;
• with certain social networking services (including Linked Accounts), if you allow such sharing through our Service;
• with service providers who are working with us in connection with the operation of the Service (these service providers have access to your personally identifiable information only to perform services on our behalf and are obligated not to disclose it or use it for any other purposes);
• to share aggregated information, and non-identifiable information with third parties for advertising, industry analysis, research, demographic profiling and other similar purposes;
• when you give us your consent to do so, including if we notify you that the information you provide will or may be shared in a particular manner and you provide such information;
• when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;
• to enforce or apply our Privacy Policy, Terms of Use, or any other policies or agreements to which you are subject; and
• in connection with, or during negotiations of, any merger, sale of company assets, financing, change of control transaction or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.
• Procedures for requesting data will be handled according to the policies and procedures outlined in the most current version of the Media and Data Usage Policy HP-0108.

We are not responsible for the actions of service providers or other third parties, including with respect to your personally identifiable information, nor are we responsible for any information you choose to provide to any third parties.

04. Links to Other Sites

The Service may contain links to other sites. Any information you provide on or to those sites is provided directly to the owner of that site and is subject to that party’s privacy policy. Our privacy policy does not apply to such sites, and we are not responsible for the content or privacy and security practices and policies of those sites.

05.What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. As a result, we cannot ensure or warrant the security and privacy of any of your information or of your or our network and/or security systems, and your transmittal of any information to us and your use of the Service is solely at your own risk. If you have any questions regarding the security of the Website or the Service you are encouraged to contact our privacy team at the email address set forth above. Please keep your Account information secure and secret. You are responsible for taking reasonable steps to maintain the secrecy of your unique password and other Account information, and for controlling access to emails between you and the Service, at all times. Your privacy settings may also be affected by changes the third party services you connect to the Service make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization. You should not share your Account information with third parties and, if you believe that any of your Account information has been compromised, you should notify us immediately and change your Account information as directed through the Service.

06. Accessing, Modifying, and Deleting Your Information

If you have an account, you can access and modify some of the personal information you provided us that is associated with your Account. You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails. If you opt out of these messages, you will still receive emails from us about your Account, our services and other pertinent information related to our services. These communications are considered part of the Service and your Account, which you cannot opt-out from receiving.

07. International Users

If you are located outside the United States and choose to provide information to us, we may transfer your information to the United States and process it there. By using the Service, you consent to the collection, transfer, use, storage and disclosure of your information as described in this privacy policy.

08. OUR POLICY TOWARD CHILDREN

Our Service is not directed to children under 13 and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible. Please notify us at [email protected] if you have any questions or concerns regarding underage children and their use of the Service.

09. Changes

Any information that is collected is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise our privacy policy from time-to-time. If we make any material changes to this policy, we will notify you of such changes by posting them on the Service or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Service after those changes become effective, you are agreeing to be bound by the revised policy.

10. Questions?

Please contact us at [email protected] if you have any questions about our privacy policy.