Effective Date: January 1, 2020

Introduction

This Privacy Statement supplements our Privacy Policy. It explains our commitment to comply with California law and applies to personal information of California residents collected in connection with providing services referenced on this site (the Services). Please read this Supplemental Privacy Statement for California Residents in conjunction with our Privacy Policy.

Definitions

Business Purposes includes the following:

    Audit means auditing compliance with this Privacy Statement, our Privacy Policy, relevant contracts/terms and applicable law. It also means auditing current interaction with a User and concurrent interactions with others, such as auditing number of ad impressions or access to particular content or features.

    Debugging means identifying and repairing errors that impair existing intended functionality.

    Evaluation means undertaking internal research to assess the effectiveness of the Services and for technological development and demonstration.

    Maintenance and Improvement means undertaking activities to verify or maintain the quality or safety of the Services, and to improve, upgrade or enhance the Services.

    Provide the Services means delivering and providing the Services, including, but not limited to, providing educational-related services, maintaining accounts, providing customer service, fulfilling orders and verifying customer information.

    Security means detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity and taking appropriate action for those responsible for that activity.

    Short-Term Use means short-term, transient use related to a current interaction with a California resident, such as the contextual customization of information shown as part of the same interaction. In Short-Term Use, the personal information is not disclosed to another third party and is not used to build a profile about an individual or otherwise alter an individual’s experience outside the current interaction.

    Personal Information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or their household.

    User means an individual who uses this site or the Services.

Personal Information Collected and Disclosed within the Last 12 Months

Within the last 12 months, we may have collected and disclosed categories of Personal Information collected in connection with the Services, as follows:

    A. Identifiers

            Description. Information used to identify a User, such as name, email address, user name, IP address or other online identifier.

            Collection. Yes.

                Source. Users. Educational Institutions.

                Collection Business Purpose. Provide the Services.

            Disclosure to Third Parties. Yes.

                Categories of Third Parties. Service Providers, Educational Institutions.

                Disclosure Business Purpose. Audit, Debugging, Evaluation, Maintenance and Improvement, Provide the Services, and Security.

    B. Customer Records

            Description. Categories of customer personal information described in California Civil Code 1798.80, including name, address and education information.

            Collection. Yes.

                Source. Users.

                Collection Business Purpose. Audit, Evaluation, Provide the Services, and Security.

            Disclosure to Third Parties. Yes.

                Categories of Third Parties. Service Providers, Educational Institutions.

                Disclosure Business Purpose. Audit, Evaluation, and Provide the Services.

    C. Protected Class Characteristics

        Description. Protected classifications characteristics under California or federal law, such as race, ethnicity, national origin, disability, veteran or military status

        Collection. Yes.

            Source. Users.

            Collection Business Purpose. Provide the Services.

        Disclosure to Third Parties. Yes.

            Categories of Third Parties. Service Providers, Educational Institutions.

            Disclosure Business Purpose. Provide the Services.

    D. Commercial Information

        Description. Information about products or services purchased, used or considered by a User.

        Collection. Yes.

            Source. Users and US Performance Academy

            Collection Business Purpose. Audit, Evaluation, Maintenance and Improvement, Provide the Services,.

        Disclosure to Third Parties. Yes.

            Categories of Third Parties. Service providers, Educational Institutions.

            Disclosure Business Purpose. Audit, Evaluation, and Provide the Services.

    E. Biometric Information

        Description. Genetic or biological characteristics, such as information derived from fingerprint, iris or retina scans.

        Collection. No.

        Disclosure to Third Parties. No.

    F. Internet or Other Similar Network Activity

        Description. Information from interaction with a website and the internet.

        Collection. Yes.

            Source. Users.

            Collection Business Purpose. Audit, Debugging, Evaluation, Maintenance and Improvement, Provide the Services, and Security.

        Disclosure to Third Parties. Yes.

            Categories of Third Parties. Service Providers. Educational Institutions.

            Disclosure Business Purpose. Audit, Debugging, Evaluation, Maintenance and Improvement, Provide the Services, and Security.

    G. Geolocation Data

        Description. Information about the geographic location from where a user accessed this site.

        Collection. Yes.

            Source. Users.

            Collection Business Purpose. Audit, Debugging, Maintenance and Improvement, Provide the Services, Security and Short-Term Use.

        Disclosure to Third Parties. Yes.

            Categories of Third Parties. Service Providers.

            Disclosure Business Purpose. Audit, Debugging, Evaluation, Maintenance and Improvement, Provide the Services, and Security.

    H. Sensory Data

        Description. Sensory data includes audio, electronic and visual information.

        Collection. Yes.

            Source. Users.

            Collection Business Purpose. Audit, Evaluation, Maintenance and Improvement, and Provide the Services.

        Disclosure to Third Parties. Yes.

            Categories of Third Parties. Service providers, Educational Institutions.

            Disclosure Business Purpose. Audit, Evaluation, Maintenance and Improvement, and Provide the Services.

    I. Professional or Employment-Related Information

        Description.Current or past job history

        Collection. No.

            Source. N/A.

            Collection Business Purpose. N/A

        Disclosure to Third Parties.

            Categories of Third Parties. N/A

            Disclosure Business Purpose. N/A.

    J. Non-Public Education Information

        Description. Education Information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 USC 1232g, 34 CFR, Part 99 (FERPA).

        Collection. Yes.

            Source. Users, Educational Institutions.

            Collection Business Purpose. Provide the Services. Evaluation.

        Disclosure to Third Parties.

            Categories of Third Parties. Service providers, Educational Institutions.

            Disclosure Business Purpose. Provide the Services.

    K. Inferences Drawn from Other Personal Information

        Description.Inferences that create a profile about User’s preferences, characteristics, intelligence, abilities and aptitudes.

        Collection. Yes.

            Source. Users, Educational Institutions.

            Collection Business Purpose. Provide the Services.

        Disclosure to Third Parties.

            Categories of Third Parties. Service Providers, Educational Institutions.

            Disclosure Business Purpose. Provide the Services.

Sale of Personal Information

We do not monetize Personal Information. We do not sell, and have not sold, within the last twelve (12) months, any Personal Information collected through the Services, except to the extent that third party targeted advertising cookies and related technologies are ultimately determined to be a “sale” for purposes of the California Consumer Privacy Act. The following categories of personal information may have been collected and shared through such cookies and related technologies during the past 12 months within the digital advertising ecosystem: Identifiers (limited to a numeric identifier, such as an IP address), Commercial Information, Internet or Similar Network Activity, Geolocation Data and Inferences drawn from other Personal Information.

Privacy Rights

Under the California Consumer Privacy Act (CCPA), California residents have certain rights related to their personal information collected by and on behalf of a business subject to the law. Students also have certain privacy rights under U.S. Family Educational Rights and Privacy Act (FERPA).

FERPA Privacy Rights. FERPA provides students with privacy rights and protection for educational personally identifiable information collected and processed on behalf of educational institutions receiving government funding from the U.S. Department of Education. FERPA provides students with rights to obtain from these educational institutions access to their educational records, as well as correction and amendment of their educational records, even though the CCPA does not apply to non-profit and public educational institutions.

CCPA Right to Know. California residents may request a business to disclose the following information about the business’ collection and use of their personal information over the past twelve (12) months, provided that such requests are made no more than twice within a twelve (12) month period:

    The categories of personal information collected;

    The categories of sources for the personal information collected;

    The business or commercial purpose for collecting, and, if applicable, selling, personal information;

    The specific pieces of personal information collected;

    If the personal information has been disclosed, the categories of personal information disclosed and the categories of third parties receiving the personal information;

    If the personal information has been sold, the categories of personal information sold and the categories of third parties to whom the personal information was sold.

CCPA Deletion Right. California residents may request a business to delete the personal information that the business collected and has been retained by the business or its service providers. This right is limited, and the business may deny a deletion request if it is necessary for the business or a service provider to maintain the personal information in order to:

    Complete the transaction for which the personal information was collected, provide a good or service requested by the individual, or reasonably anticipated within the context of a business’ ongoing business relationship with the individual, or otherwise perform a contract between the business and the individual.

    Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

    Debug to identify and repair errors that impair existing intended functionality;

    Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;

    Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest, where the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the individual has provided informed consent;

    Enable solely internal uses that are reasonably aligned with the expectations of the individual based on the individual’s relationship with the business;

    Comply with a legal obligation;

    Otherwise use the individual’s personal information, internally, in a lawful manner that is compatible with the purpose for which the individual provided the information.

CCPA Right to No Sale of Personal Information. A California resident has the right to opt-out of the sale of their Personal Information by a business subject to the CCPA. In addition, a business subject to the CCPA must have affirmative authorization in order to sell the Personal Information of a California resident who it knows is under the age of 16.

As explained above, we do not sell Personal Information, except to the extent that third party advertising cookies are ultimately determined to be a “sale” under the California Consumer Privacy Act. Additional information is available on our Do Not Sell My Personal Information page , including information about how to manage or block these cookies. We do not engage in targeted advertising to individuals who we know are under the age of 16.

CCPA Right to Non-Discrimination. A business subject to the CCPA may not discriminate against a California resident for exercising any of their CCPA privacy rights.

How to Make a Request under the Right to Know and Right to Deletion

Beginning January 1, 2020, California residents may submit a Right to Know and Right to Deletion request to us at https://pearson.tfaforms.net/136 or by calling (844) 957-1091.

Note: Please direct any, access, deletion or correction requests related to education records and to course data directly to the education institutions. As a service provider, US Performance Academy cannot delete or modify education records or other records collected or processed for, or on behalf of, an educational institution, unless it is directed to do so by the educational institution.

Under California law, we will only respond to verifiable requests that are made either: (a) by a California resident; (b) by a person registered with the California Secretary of State who a California resident has authorized to act on their behalf; or (c) by a parent or legal guardian, if the California resident is a minor.

We will not require a California resident to set up an account in order to make a request or receive the requested information. In order to respond to a request, however, we must be able to reasonably verify, understand and fulfill the request. We will not be able to respond to the request if we are unable to verify identity or the authority to make the request. In conducting verification, we generally will use personal information previously collected by us. If the request is made on behalf of another individual, we may require additional verification and documentation of the individual’s authority to make the request. In responding to requests, we may limit the information provided for privacy and security reasons, as permitted by law.

Our goal is to respond to requests within 45 days. If we need another 45 days, we will advise the requester within 45 days after receiving the request.

We will not charge a fee to respond to a request, unless it is excessive, repetitive or unfounded. If a fee will apply, we will advise the requester before completing the request, explain why a fee applies and provide an estimate of the fee.

California’s “Shine the Light” law

California residents have the right to receive disclosures about any sharing of their personally identifiable information with third parties for use by the third party as part of their own marketing, and your choices with respect to such disclosures. Because we do not share your personal information with third parties for their own marketing use except as permitted by the Shine the Light law, we are exempt from having to meet this requirement; provided that in the event we elect to share personal information for such purposes in the future, we will secure your consent as required by the Shine the Light law. If you still wish to learn more about our compliance with this requirement, you may send an email to info@GoUSPA.org with “Request for California Privacy” in the subject line or write to:

US Performance Academy

PO Box 293 Elkins

New Hampshire

03233

Attn: Legal.

California Do Not Track Disclosures

1. Online Tracking and Advertising.

We and certain service providers operating on our behalf collect information about your activity on our Websites and applications using tracking technologies such as cookies, Flash cookies and Web beacons. Definitions for these tracking technologies, as well as information regarding how to disable them, are available below. This tracking data is used for many purposes including, for example, to:

    Provide useful features to simplify your experience when you return to our sites and applications

    Deliver relevant content based on your preferences, usage patterns and location

    Monitor and evaluate the use and operation of our sites and applications, including technical information about the device or browser you use to access our sites such as your device’s IP address, cookie string data and (in the case of mobile devices) your device type and mobile device’s unique identifier such as the Apple IDFA or Android Advertising ID

    Analyze traffic on our Websites, including your browsing activity on our sites, which pages you visited and when

    Track the online ads we have served (or attempted to serve) to you, including how many times an ad has been served to you, what page the ad appeared on, and whether you clicked on or otherwise interacted with the ad

    Enable solely internal uses that are reasonably aligned with the expectations of the individual based on the individual’s relationship with the business;

    Comply with a legal obligation;

    Otherwise use the individual’s personal information, internally, in a lawful manner that is compatible with the purpose for which the individual provided the information.

Tracking data collected by us and our service providers generally does not identify you personally and is not associated with your registration account. Should we associate this tracking data with your registration account, we will treat it as personal information.

2. Online Tracking Technologies

Examples of online tracking technologies include:

    Cookies. Cookies are pieces of information that a website places on the hard drive of your computer when you visit the website. Cookies may involve the transmission of information from us to you and from you directly to us, to another party on our behalf, or to another party in accordance with its privacy policy. We may use cookies to bring together information we collect about you. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your guest experience more efficient and some of our services may not function properly.

    Flash cookies. We may use local shared objects, sometimes known as Flash cookies, to store your preferences or display content based upon what you view on our site to personalize your visit. Our third-party service providers also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. Learn how to manage privacy and storage settings for Flash cookies. If you disable Flash cookies, you won’t have access to many features that make your guest experience more efficient and some of our services may not function properly.

    Web beacons. Web beacons are small pieces of data that are embedded in images on the pages of sites. Web beacons may involve the transmission of information directly to us, to another party on our behalf, or to another party in accordance with its privacy policy. We may use web beacons to bring together information we collect about your browsing behavior

    3. Do Not Track

    You can opt-out of our tracking your online activity for targeted advertising purposes (Do Not Track): We respond to “do not track” or “DNT” signals sent from your browser. If our websites receive a DNT signal during a visit, we will not link data we collect to your browser identifier so that new data collected about you will not be used by us for targeted advertising purposes, but older data collected about you may still be used. You may choose not to receive targeted advertising from us and our service providers. To opt-out of tracking by us you should select “AdRoll” and follow the directions on this site. If you opt-out we may still collect some data about your online activity for operational purposes. Currently, there are various browsers (such as Internet Explorer, Firefox and Safari) that offer a DNT option that allows you to set the DNT signal on your browser so that third-party sites know you do not want to be tracked. For more information on DNT or information on how to set the DNT setting in your browser, go to the Do Not Track website: http://donottrack.us/.

    Contact Information

    If you have any questions regarding this Privacy Policy, please contact us by email at info@GoUSPA.org. Please note that email communications will not necessarily be secure. Accordingly, you should not include sensitive information in your email correspondence with us.

    Changes to this California Supplemental Privacy Statement

    We may update this Privacy Statement from time to time in the same way that we update our Privacy Policy.

    Contact Information

If you have any questions or comments about this Privacy Statement, please contact us at info@GoUSPA.org.

Contact Us

USPA Contact Info

PO Box 293 Elkins , New Hampshire 03233

info@gouspa.org

(877) 350-8772

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