Privacy Policy

Effective date: March 9, 2009

Welcome to CrewNerd and CrewNerd Viewer, location-mapping and athletic training tools for rowers and paddlers offered by Performance Phones, LLC (the “Company”). The CrewNerd and CrewNerd Viewer applications and related Company website are referred to as the “Services”. Users of the Services are referred to as “you” “your” “User” or “Users”. The Company respects the privacy of its Users and recognizes that privacy is important. This Privacy Policy (“Policy”) sets forth how the Company protects your privacy when you use the Services.

By accessing or using the Services, you are agreeing to the collection, use, and disclosure of certain personal information and location information as set forth in this Policy. If you do not consent to the collection, use, and disclosure of your personal information or location information as described in this Policy, your sole remedy is to cease use of the Services.

1. SCOPE OF PRIVACY POLICY. This Policy explicitly applies to any User using or accessing the Services. This Policy is incorporated into and is subject to the Terms of Use for the Services. If you have any questions about this Policy, you may contact us by email at support@performancephones.com.

2. INFORMATION WE COLLECT AND HOW WE USE IT.

2.1 General. The Services allow you to track and record your rowing workouts and practice data on your mobile device. The mobile application records such information as time, stroke rate, and location. You may then upload this practice data from your mobile device for viewing and sharing through the Services application on certain networking systems (a “Network”). To use the Services on a Network you must add the Services application to your Network account, which enables the Company to access your user information from the Network, including your name, email address and Network ID. The Company uses your Network user information to provide your uploaded data to you via Network. All uploaded data is stored and maintained on third party web application servers and the security of such servers is further governed by privacy policies of such third parties.

Personal information collected by the Services therefore includes, but is not limited to:

• Your name, email address, and Network user ID.

• Your uploaded data concerning your workouts and locations of such workouts.

• Any other content you provide to your Network account related to the Services.

At any time, you can remove the Services application on the Network, which revokes permission for Company to access your Network user data. Unless you explicitly contact the Company to delete your uploaded information at the contact information provided above, the Company may still maintain certain workout related data that you uploaded so it may be shared with other Users who you “tagged” with that information.

2.2 Location Information. The Services collects location information, such as your geographic position. This information is collected from your mobile device only when you choose to upload such information. Your location information is only displayed and shared on a Network in accordance with your established privacy settings and your actions taken to share such information on Network.

2.3 Use of Personal Information and Location Information. The Company uses personal information and location information under the terms of this Policy for the following internal purposes:

• Operating, maintaining, and providing you the Services.

• Providing the basic functionality of the Company’s mobile phone applications, such as displaying your location and movement.

• Establishing contact with you to deliver special offers, promotions or other information from the Company unless you opt out by contacting the Company at the contact information provided above.

• Auditing, research and analysis in order to maintain, protect and enhance the Services.

• Ensuring the functionality and usability of the Services.

• Providing you with information and notices related to Company.

• Developing new products and services.

2.4 Additional Sharing of Personal Information. The Company does not provide or sell your personal information to third parties for marketing purposes. The Company only shares personal information with other companies or individuals outside of the Company in the following limited circumstances: where the Company has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms of Use, including investigation of potential violations thereof, (c) investigate and defend itself against third-party claims or allegations; (d) detect, prevent, or otherwise address fraud; (e) protect and safeguard the integrity and security of the Services; (f) resolve any technical issues, or (g) protect against imminent harm to the rights, property or safety of Company, its users or the public as required or permitted by law.

3. FINANCIAL INFORMATION. As part of payment for certain portions of the Services, the Company requires that you furnish certain payment-related information. All payments are handled through the Company’s authorized third party payment systems (e.g., Amazon’s “SimplePay” service) and are further governed by any terms of use and privacy policy associated with such system. Once payment is made through a third party payment system, the Company receives a notification, which includes your name, email address, and Network user ID, and Company updates your “upload credit” balance. The Company never has access to your credit card information. Company maintains records of all completed payment transactions for tracking purposes only. If you have questions about your “upload credits” email us at the contact information provided above.

4. COOKIES. Through your use of the Services, including the Company’s website, the Company may send your computer one or more cookies (small text files that contain a string of characters) that uniquely identify your browser. Cookies do not identify you personally, but these files are linked with other information that could personally identify you. Cookies permit the Company to offer you more personalized Services and online experiences. In addition, cookies are used to improve the quality of Services by tracking trends, such as how people search. Most browsers are initially set up to accept cookies, but you can reset your browser to reject all cookies or to provide an alert when a cookie is being sent. Some features of the Services, however, may not function properly if you have disabled cookies.

5. USER COMMUNICATIONS. When you send an email or other communication to the Company, those communications may be retained in order to process your inquiry, respond to your request, and improve the Services.

6. AFFILIATED SITES. Your use of the Services is further subject to any terms of use and/or privacy policy of any Network through which you use the Services and any third party site that you access as part of the use of the Services.

7. BUSINESS TRANSFERS AND SHARING OF PERSONAL INFORMATION. The Company will not sell or transfer your personal information. However, the personal information collected by the Company as part of the Services will become part of our normal records and used in accordance with this Policy, and if the Company becomes involved in a merger, acquisition, or any form of sale of all or substantially all of its assets, your personal information may be transferred and become subject to a different company’s privacy policy.

8. INFORMATION SECURITY. The Company takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. This includes the use of reputable third party service providers to store and host the Services and the related data, such as Microsoft Azure Mobile Services. The Company, however, cannot warrant or ensure that any information that the Company receives, or any information that you transmit to the Company. will not be accessed, disclosed, altered, or destroyed by an unauthorized breach of any of physical, technical, or managerial safeguards.

9. PRIVACY OF CHILDREN. The Services are not directed at or permitted to be used by children under the age of 13. IF YOU ARE UNDER THE AGE OF 13, THEN PLEASE DO NOT USE OR ACCESS OUR SERVICES AT ANY TIME OR IN ANY MANNER. If we learn that someone under the age of 13 has provided personal information or location information, the Company will use reasonable efforts to remove such information from our records or comply with applicable law. If you are a parent or guardian and discover that your child under the age of 13 is using the Services, then you may contact us, and request that the Company delete that child’s personal information and location information from our systems.

10. CHANGES TO THE POLICY. Please note that the Policy may change at any time and without prior notice. Any revised version(s) of the Policy will be promptly posted on the Company website.

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