Privacy Policy

Hoopis Performance Network, LLC (“HPN”) values our customers’ participation, interests and needs, and takes great pride in its relationships with its customers. In order to provide our services as well as information regarding those services, HPN will occasionally ask you to provide us information about yourself and/or your business. This Privacy Policy describes the information we collect and how we use that information. If you have questions or concerns regarding this Privacy Policy, you can contact HPN at info@hoopis.com. By providing HPN with personal information, you expressly agree to the terms of this Privacy Policy and consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. Also, by using the Service, you agree to the collection and use of information in accordance with this Privacy Policy. If you choose to visit www.hoopis.com or use any of our apps or services, your visit and any dispute over privacy is subject to this Policy and our Terms & Conditions. This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your information when you use the Service and tells you about your privacy rights, including how the law protects you. To have your personally identifiable information deleted from HPN systems, you may email [insert email], use our contact information form [insert link], or click here to MANAGE YOUR PERSONAL INFORMATION [make this a clickable link].

This Privacy Policy describes how and why HPN might collect, store, use, and/or share (“process”) your information when you use our services, such as when you:

Visit our website at https://www.hoopis.com, or any Website of ours that links to this Privacy Policy.

Download and use our mobile applications, or any other application of ours that links to this Privacy Policy

Engage with us in other related ways, including any communications, content or course interactions, or other methods.

Questions or concerns? Reading this Privacy Policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at: info@hoopis.com

Interpretation and Definitions

Interpretation
The words of which the initial letter is capitalized, or lower-case words referred to below, are defined as follows. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For purpose of this Policy, the following definitions shall apply:

  • Account means a unique account created for you to access our Service or parts of our Service.
  • Affiliate and Business Partners includes our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us or with whom we have a contractual business relationship.
  • Application refers to apps created by HPN or any software program provided by the Company.
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  • Controller means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Information.
  • Cookies are small files that are placed on your computer, mobile device or any other device by a website..
    Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
  • Hoopis Performance Network or HPN (sometimes referred to as either “we,” “us” or “our” in this Policy) means Hoopis Performance Network, LLC a Delaware limited liability company with its principal place of business at 790 Frontage Rd. #300, Northfield, Illinois 60093; and its successors, assigns and wholly owned affiliates and subsidiaries and their respective divisions and groups, each of which are located within the U.S.
  • Personal Information is any information that relates to an identified or identifiable individual and also means data about an identified or identifiable individual that are within the scope of the EU General Data Protection Regulation (“GDPR”), Directive 95/46/EC on Data Protection, or the California Consumer Protection Act (“CCPA”), collected or received by HPN and recorded in any form.
  • Processing of Personal Information means any operation or set of operations which is performed upon Personal Information, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction.
  • Sensitive Personal Information means personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual or, where received from a third party, data that is identified and treated as sensitive by the third party. Where individuals from non-EU member states are concerned, “Sensitive Personal Information” may also include ideological views or activities, and information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings.
  • Service refers to the Application or the Website or both. In addition, it may also include content and courses developed by HPN.
  • Service Provider means any natural or legal person who processes Personal Information on behalf of HPN. It also refers to third-party companies or individuals employed by HPN to facilitate the Service, to provide the Service on behalf HPN, to perform services related to the Service or to assist HPN in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to hoopis.com, hpnuniversity.com, hpnelevate.com, or any other website operated by HPN and accessible from any of the aforementioned URLs.
  • You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Overview

General overview of the information we collect

HPN collects and stores a limited amount of personally identifiable information from the users of its Services. The first kind of information we collect and store is information you provide to us. When you express an interest in obtaining various products and services from us, you may provide us with several types of personally identifiable information, which may include your name, e-mail address, usernames or passwords. We may also collect or obtain additional information concerning the types of products you ordered or purchased, and the date of the order or purchase, when you register on, log on, or visit our Website or any of our Service Providers.

Overview of the use and disclosure of information

We use the information we collect about you in order 1) to provide our services, 2) to provide customer service, 3) to improve our services and 4) to provide you information regarding our services and those of our affiliates. We give access to personally identifiable information only to those HPN staff members who require access to fulfill these functions. We also employ other Service Providers to provide and perform certain Website and e-commerce related functions on our behalf, such as fulfilling orders, analyzing data, processing credit card payments and providing customer service. These companies and individuals may have access to personal information needed to perform these functions, but may not use it for any other purposes. These companies may also have their own privacy policies governing use of their individual services.

We may also communicate with you via e-mail, U.S. mail or telephone to provide requested goods and/or services, answer questions regarding those goods and/or services, complete transactions requested by you, such as your purchase or return of a product, resolve complaints, or send you administrative communications either about your account with us or about important changes to our Services, which may include any future changes to this Privacy Policy. Generally, you cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.

Regardless of any opt-out choices that you make, HPN may disclose personal information when it believes in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena or (b) will help to enforce any terms and conditions of use on our Website; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Website, HPN, and/or third parties, including the safety and security of property that belongs to HPN or third parties. This includes exchanging information with other companies and organizations for fraud protection and risk reduction.

Finally, in the event that all or substantially all of the assets relating to Hoopis Performance Network or www.hoopis.com are transferred or sold to another entity, personally identifiable information submitted to us may be transferred to the acquiring entity.

Collecting and Using Your Personal Information

Types of Data Collected

Personal Information
While using our Service, we may ask you to provide us with certain Personal Information that can be used to contact or identify you. Personal Information may include, but is not limited to:

  • Email address
  • First name and last name
  • Physical or postal address
  • Usage Data
  • Credit card information

Usage Data
Usage Data is collected automatically when using the Service.

Usage Data may include information such as the Internet Protocol address (“IP address”) of the Device you use to access the Services, , browser type, browser version, the pages of our Websites that you visit, the time and date of your visit, the time spent on those pages, unique Device identifiers and other diagnostic data.

When you access the Service by or through a mobile Device, HPN may collect certain information automatically, including, but not limited to, the type of mobile Device you use, your mobile Device’s unique ID, the IP address of your mobile Device, your mobile operating system, the type of mobile Internet browser you use, and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile Device.

Tracking Technologies and Cookies
HPN uses Cookies and similar tracking technologies, such as beacons, tags, and scripts, to track the activity on our Service and to collect and store certain information used to improve and analyze our Service. The technologies we use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to request your permission whenever a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit HPN to count users who have visited those pages or opened an email, for example, and to generate other related website statistics (for example, recording the popularity of a certain section or verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your Device when you go offline, while Session Cookies are deleted as soon as you close your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided; HPN only uses these Cookies to provide you with those services.
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Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.​

Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.

For more information about the Cookies we use and your choices regarding Cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Information
Hoopis Performance Network, LLC may use Personal Information for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage your Account: to manage your registration as a user of the Service. The Personal Information you provide can give you access to different functionalities of the Service that are available to you as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of a contract for the products or services you have purchased or of any other contract with us through the Service.
  • To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications, regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To manage your requests: To attend and manage your requests to HPN.
  • For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Service users is among the assets transferred.
  • For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

HPN may share your personal information in the following situations:

  • With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, or to contact you.
  • For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • With business partners: We may share your information with our business partners to offer you certain products and services.
  • With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside of HPN.
  • With your consent: We may disclose your personal information for any other purpose with your consent.

Retention of Your Personal Information
HPN will retain Your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

HPN will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a short period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Information
Your information, including Personal Information, is processed at HPN’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

HPN will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Delete Your Personal Information
You have the right to delete or request that HPN assist in deleting the Personal Information that we have collected about you.

Our Service may give you the ability to delete certain information about you from the Service.
You may update, amend, or delete your information at any time by contacting us to request access to, correct, or delete any personal information that you have provided to us.

Please note, however, that we may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Information

Business Transactions
If HPN is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

Law enforcement
Under certain circumstances, HPN may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Other legal requirements
HPN may disclose your Personal Information in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Information
The security and confidentiality of your information is extremely important to HPN but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to meet security standards and use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We have implemented technical, administrative, and physical security measures to protect customer’s information from unauthorized access and improper use. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. HPNwill take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the Personal Information.

Mobile Specific Information

Mobile Device Access: We may request access to or permission to use certain features from your mobile device, including (but not limited to) your mobile device’s camera, reminders, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

Push Notifications: We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings.

Content Information: Apps created by HPN are not designed to collect or display end-user provided content or any content uploaded by you. For your privacy, we do not allow users to upload video, we do not collect user videos, and we do not display user collected videos. All content found within HPN apps including (but not limited to) any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, drawings, literary works and any other materials have been created by HPN or its partners for users of our app as part of our Service. HPN content and courses are created and developed under copyright and license agreements giving contractional permission for HPN to distribute this developed content to our users. All content, including videos, found within our mobile apps are privacy-released by our performers and content partners with permission to display that content to our users within our apps.

Additional collected app information: Any additional information that you provide or is collected though usage of our apps is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes. Any other additional information you provide may be collected for any other purpose with your consent.

All personal information that you provide to HPN must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Controls for DO-NOT-TRACK features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, HPN does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

Links to Other Websites

Our Service may contain links to other websites that are not operated by HPN or covered by this privacy policy. If you click on a third-party link, you will be directed to that third party’s site. WE STRONGLY ADVISE YOU TO REVIEW THE PRIVACY POLICY OF EVERY SITE YOU VISIT.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

Our Service is not addressed to anyone under the age of 18. HPN does not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from anyone under the age of 18 without verification of parental consent, we will remove that information from our servers. HPN does not knowingly collect personal information from or conduct business with minors (under the age of 18) and we ask that minors do not submit any personal information to us via this Website.

California Residents

California Civil Code Section 1798.83, also known as the “Shine The Light” law permits our users who are California residents to request and obtain from HPN, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

CCPA Privacy Notice

This section applies only to California residents. Under the California Consumer Privacy Act (CCPA), you have the rights listed below.

The California Code of Regulations defines a “residents” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

Your rights with respect to your Personal Information

Right to request deletion of the data — Request to delete
You can ask HPN for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know
Depending on the circumstances, you have a right to know:

  • whether we collect and use your personal information;
  • the categories of personal information that we collect;
  • the purposes for which the collected personal information is used;
  • whether we sell or share personal information to third parties;
  • the categories of personal information that we sold, shared, or disclosed for a business purpose;
  • the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;
  • the business or commercial purpose for collecting, selling, or sharing personal information; and
  • the specific pieces of personal information we collected about you.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.

Right to Limit Use and Disclosure of Sensitive Personal Information
We will not collect or process your Sensitive Personal Information.

Verification process
Upon receiving your request, HPN will need to verify your identity to determine you are the same person about whom we have Personal Information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

HPN will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

  • You may object to the processing of your personal information.
  • You may request correction of your Personal Information if it is incorrect or no longer relevant or ask to restrict the processing of the information.
  • You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
  • You may request to opt out from future sharing of your Personal Information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

To exercise these rights, you can contact us by email at info@hoopis.com, by calling toll-free at (847) 716-1800, or by referring to the contact details at the bottom of this document [insert a link to exercise these rights. If you have a complaint about how we handle your data, we would like to hear from you.

Users Located Outside the United States

If you are visiting HPN Sites outside the United States, please be aware that information we collect from the Sites will be transferred to, and processed in, the United States and other countries. By using the Sites, you acknowledge and consent to the transfer and processing of your Personal Information in the United States as described in this Policy.[insert link – I AGREE]

GDPR Privacy

This section applies only to residents and citizens of the European Union.

Legal Basis for Processing Personal Information under the General Data Protection Regulation (the “GDPR”)

HPN may process Personal Information under the following conditions:

  • Consent: you have given your consent for processing Personal Information for one or more specific purposes.
  • Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which HPN is subject.
  • Vital interests: Processing Personal Information is necessary in order to protect your vital interests or of another natural person.
  • Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
  • Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by HPN.

In any case, HPN will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

HPN undertakes to respect the confidentiality of your Personal Information and to guarantee you can exercise your rights.

You have the right under this Privacy Policy, to:

  • Request access to your Personal Information. The right to access, update or delete the information we hold about you. You can access, update or request deletion of your Personal Information by contacting us to assist you. This also enables you to receive a copy of the Personal Information we hold about you.
  • Request correction of the Personal Information that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
  • Object to processing of your Personal Information. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation which makes you want to object to our processing of your Personal Information on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
  • Request erasure of your Personal Information. You have the right to ask us to delete or remove Personal Information when there is no good reason for us to continue processing it.
  • Request the transfer of your Personal Information. HPN will provide to you, or to a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw your consent. You have the right to withdraw your consent to our use of your Personal Information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Website.

Exercising your GDPR Data Protection Rights

You may exercise your rights of access, rectification, deletion, and objection by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.

You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority.

Members of the EU whose data is transferred into the U.S. and Data Privacy Framework

HPN complies with the EU-U.S. Data Privacy Framework (the “EU-U.S. DPF”) as set forth by the U.S. Department of Commerce. HPN has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles with regard to the processing of Personal Information received from the European Union in reliance on the EU-U.S. DPF. To learn more about the Data Privacy Framework (“DPF”) program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Data Privacy Overview

The U.S. Department of Commerce and the European Commission have agreed on a set of data protection principles and associated supplemental principles to enable U.S. companies to satisfy European Union (“EU”) law by requiring that Personal Information transferred from the EU to the U.S. be adequately protected (the “EU-U.S Data Privacy Framework (EU-U.S. DPF)”). The European Economic Area (the “EEA”), which as of the date of this Policy includes all member states of the EU plus Iceland, Liechtenstein, and Norway, have recognized the EU-U.S. Data Privacy Framework as providing adequate protection of Personal Information.

Should there be any conflict between the EU-U.S. Data Privacy Framework Principles and this Policy, this Policy shall be interpreted to be consistent with the EU-U.S. Data Privacy Framework Principles.

Scope

This Policy applies to all Personal Information received by HPN in the United States from the EEA either directly from individuals, from its affiliates or from other third party organizations, and in any format whatsoever, including electronic, paper or oral transmission.

This Policy also applies to HPN’s Service Providers that process Personal Information received by HPN or its affiliates from the EEA on HPN’s behalf.

Privacy Principles for Transfer of Personal Information Received from the EEA

The privacy principles set forth in this section have been developed based on the EU-U.S. Data Privacy Framework Principles.

Notice

Where HPN collects Personal Information directly from individuals in the EEA or receives it from its European affiliates, it or its European affiliates will inform those individuals about the purposes for which they collect and use Personal Information about them; the transfer of Personal Information to HPN in the U.S.; the types or identity of third parties to which HPN discloses that information and the purposes for which it does so; and the choices and means HPN offers individuals for limiting the use and disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to HPN or as soon as practicable thereafter, and in any event before HPN uses the information for a purpose other than that for which it was originally collected.

HPN may, from time to time, process certain Personal Information about customers, business partners, suppliers, vendors, Service Providers, employees and candidates for employment, including information recorded and stored on various types of media, including electronic media.

Hoopis Performance Network will process these types of data in conformity with the EU-U.S. Data Privacy Framework Principles and will continue to apply the Principles to Personal Information received under the application of the DPF as long as it holds this data.

Purposes for which we may collect and use Personal Information from our customers, consumers and other non-employees include:

  • Communicating to individuals about our products, services and related issues.
  • Evaluating the quality of our products and services.
  • Allowing individuals to register for our Websites and administering and processing these registrations.
  • Transferring Personal Information in connection with HPN’s legal, regulatory compliance and auditing purposes.
  • Facilitating HPN’s internal administrative purposes and application functionality; and maintaining, administering, and complying with HPN’s legal, regulatory compliance and auditing obligations, policies, and procedures.
  • Execution of contracts and delivery of our products and services to customers.

We may share Personal Information within HPN’s U.S. Affiliates. HPN may also share Personal Information with its third-party Service Providers for the sole purpose of, and only to the extent needed, to support HPN’s or our customers’ business needs. We may also disclose Personal Information to our Service Providers in the U.S. and other third parties when required to do so under law or by legal process. Third Party Service Providers are required to keep Personal Information received from HPN confidential and may not use it for any purpose other than originally intended.

Choice

HPN will offer individuals in the EEA the opportunity to choose (by either opt-out or opt-in) if their Personal Information is (a) to be disclosed to a third party that is not acting on HPN’s behalf, or (b) to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by the individual. [insert link to opt in or out]

HPN will provide individuals with reasonable, clear and conspicuous and readily available mechanisms to exercise these choices.

Accountability for Onward Transfer

HPN will transfer Personal Information to Service Providers only for limited and specific purposes. HPN will obtain contractual assurances from its Service Providers that they will safeguard Personal Information in a manner consistent with this Policy and that they will provide at least the same level of protection as is required by the relevant EU-U.S. Data Privacy Framework Principles. HPN recognizes its responsibility and potential liability for onward transfers to Service Providers. Where HPN has knowledge that a Service Provider is using or disclosing Personal Information in a manner contrary to this Policy and/or the level of protection required by the EU-U.S. Data Privacy Framework Principles, HPN will take reasonable steps to prevent, remediate or stop such use or disclosure.

If HPN transfers Personal Information to non-agent third parties acting as a Controller, HPN will apply the foregoing Notice and Choice principles and will obtain contractual assurance from these parties that they will provide the same level of protection as is required under the principles, unless derogation for specific situations under European data protection law applies.

Access

You can review the personal information you provided us and make any desired changes to such information at any time by requesting a copy of the information maintained by HPN about you at info@hoopis.com. Upon request and in accordance with the EU-U.S. Data Privacy Framework Principles, HPN will grant individuals reasonable access to their Personal Information that is held by HPN. In addition, HPN will take reasonable steps to permit individuals to correct, amend, or delete their Personal Information that is demonstrated to be inaccurate, incomplete or processed in violation of the EU-U.S. Data Privacy Framework Principles. In accordance with the EU-U.S. DPF Principles, Hoopis Performance Network may limit or deny access to Personal Information where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, where the legitimate rights of persons other than the individual would be violated or if necessary to safeguard important countervailing public interests (e.g., national security) or in other limited circumstances (e.g., disclosure would breach a legal or other professional privilege).

Data Integrity and Purpose Limitation

HPN will use Personal Information only in ways that are compatible with the purposes for which it was originally collected or as subsequently authorized by the individual. HPN will also take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current. HPN will adhere to the EU-U.S. Data Privacy Framework Principles with respect to Personal Information received under its EU-U.S. DPF certification for as long it retains said information.

Recourse, Enforcement and Liability

HPN utilizes the self-assessment approach to verify its compliance with those sections of its Policy adopted pursuant to the EU-U.S. DPF. HPN periodically verifies that those sections are accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the EU-U.S. Data Privacy Framework Principles.

HPN will investigate complaints and disputes regarding use and disclosure of Personal Information in accordance with the EU-U.S. Data Privacy Framework Principles. HPN will also investigate suspected infractions of this Policy.
HPN’s participation in the EU-U.S. Data Privacy Framework is subject to investigation and enforcement powers of the Federal Trade Commission (FTC).

HPN encourages interested persons with questions or concerns relating to this Policy to contact us using the contact information below.

In compliance with the EU-U.S. DPF, HPN commits to resolve DPF-Principles-related complaints about our collection and use of your Personal Information. EU individuals with inquiries or complaints regarding our handling of Personal Information received in reliance on the EU-U.S. DPF should first contact HPN at:

Hoopis Performance Network, LLC
ATTN: Paul Malave
790 Frontage Rd
Suite #300
Northfield, IL 60093
Unites States
Email: info@hoopis.com
Phone: (847) 716-1800

In compliance with the EU-U.S. DPF, HPN commits to refer unresolved complaints concerning our handling of Personal Information received in reliance on the EU-U.S. DPF to EU data protection authorities or an alternative dispute resolution provider based in the European Union. If you do not receive timely acknowledgment of your DPF-Principles-related complaint from us, or if we have not addressed your DPF-Principles-related complaint to your satisfaction, please visit https://edpb.europa.eu/about-edpb/about-edpb/members_en for more information or to file a complaint. The services of EU data protection authorities are provided at no cost to you.

Under certain conditions detailed in the EU-U.S. Data Privacy Framework, you may be able to invoke binding arbitration. If your DFP complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not otherwise resolved by other redress mechanisms. For more information about binding arbitration, visit https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2 [dataprivacyframework.gov].

HPN agrees to periodically review and verify its compliance with the EU-U.S. Data Privacy Framework Principles, and to remedy any issues arising out of failure to comply with the EU-U.S. DPF Principles. HPN acknowledges that its failure to provide an annual self-certification to the U.S. Department of Commerce will remove it from the Department’s list of EU-U.S. DPF participants.

Limitations

HPN may also be required to disclose, and may disclose, Personal Information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. HPN adherence to the EU-U.S. Data Privacy Framework Principles may be limited (a) to the extent necessary to meet applicable national security, public interest, or law enforcement requirements, e.g., in the course of lawful requests by public authorities (b) by statute, government regulation, or case law that creates conflicting obligations or explicit authorizations, provided that, in exercising any such authorization, an organization can demonstrate that its non-compliance with the principles is limited to the extent necessary to meet the overriding legitimate interests furthered by such authorization; or (c) if the effect of the Directive or Member State law is to allow exceptions or derogations, provided such exceptions or derogations are applied in comparable contexts.

Data Privacy Framework Changes and Updates to EU-U.S. DPF Policy

This Policy may be amended from time to time, consistent with the requirements of the EU-U.S. Data Privacy Framework Principles. Appropriate public notice will be given concerning such amendments.

Contact Us

Questions or comments regarding this Policy or our practices concerning Personal Information should be submitted to Hoopis Performance Network by mail or e-mail as follows:

Hoopis Performance Network, LLC
790 Frontage Rd
Suite #300
Northfield, IL 60093
Unites States
Email: info@hoopis.com
Phone: (847) 716-1800

Changes to this Privacy Policy

HPN may update its Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. Updates shall be effective on the date the change is posted. If we are going to use or disclose your Personal Information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. Any material changes will be effective only after we provide you with at least 30 days’ notice of the amended Privacy Policy. We will post the amended Privacy Policy prominently on our Website so that you can always review what information we gather, how we might use that information and whether we will disclose it to anyone. Please check the HPN Websites at any time for the most current version of our Privacy Policy.

In addition:

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “Last updated” date at the bottom of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Effective Date

This Policy is effective as of September 01, 2023.
Last updated: October 09, 2023.