Privacy Notice

 

Apex Fun Run, LLC

Effective Date:  November 07, 2022

Our Commitment to Your Privacy: Apex Fun Run, LLC and its franchisees (collectively, the “Company”) is sensitive to the privacy concerns of our Participants, their parents or legal guardians, donors and educational institutions. We have a policy of protecting the confidentiality and security of information we collect about you. We are providing you this notice to help you better understand why and how we collect certain personal information, the care with which we treat that information, and how we use that information.This Privacy Notice is intended only for (i) individuals who (a) donate to or (b) register to participate in a fun run event sponsored by the Company (a “Participant”) and their parents or legal guardians, or (ii) an educational institution.

Collection of Non-Public Information: We inform our Participants, their parents or legal guardians, donors and educational institutions of the purpose of collecting their non-public personal information at the time we collect such information. In connection with collecting such information, we will require each Participant, parent or legal guardian, donor and educational institution to certify that such information is accurate and up-to-date. Any non-public personal information that we collect will be stored in our headquarters located at 1 North 1^st Street, Suite 790, Phoenix, Arizona 85004. Such non-public personal information will later be removed from our headquarters and archived upon completion of all logistics related to the applicable event.

 

Sources of Non-Public Information: We collect and maintain non-public personal information from the following sources:

 

• Information we receive directly from the Participant, their parents or legal guardians, donors and educational institutions;
• Information captured on our website or any affiliated website, including registration information, information provided through online forms and any information captured via “cookies.”
• Information we receive from you via our website, in conversations over the telephone, in voicemails, text messages, through written correspondence, via email and other electronic communications,
• Information we receive from other companies or organizations that provide services on our behalf; 
• Information about your transactions with us or others from payment processors, including bank account number, information included in a check, and/or financial information (including credit or debit card number and/or any other type of payment information), and
• Information we receive directly from a Participant’s educational institution.*

Such non-public information includes, but may not be limited to, Participant’s first and last name and if applicable, Participant’s teacher and grade level at an educational institution.

 

Disclosure of Information: We may disclose such non-public personal information about you to certain nonaffiliated third parties as permitted by law and in accordance with any agreements between you and the Company, including:

 

• Other service providers to the Company that process information on our behalf, such as accounting, legal, consulting, administration, auditing or tax preparation services;
• Any successor to all or part of our business;

• With respect to non-public personal information regarding donors, to applicable Participants and their parents or legal guardians;

• Banks and other financial institutions acting as depositories for, or lenders or providers of financing to, the Company or its franchisees; and
• Government agencies, regulatory authorities, courts and the like in response to a formal request.

 

Purpose of Information: We collect and maintain non-public personal information for certain business purposes, including:

 

• To allow the Participants, school and/or donors to send non-encrypted e-mails to their friends and family informing them of their participation in an Apex Fun Run and giving such friends and family the opportunity to donate funds;
• To provide curated content to the Participant, their parents or legal guardians, donors and educational institutions while using our platform as well as location customization and personalized help and instructions;
• To provide customer service;
• To communicate with Participants, their parents or legal guardians, donors and educational institutions regarding their payment status;
• To provide marketing and promotional information, including to send news and promotions to email addresses provided, or to otherwise contact users about information the Company believes may interest them; 
• To assist with advertising on nonaffiliated third-party platforms; and
• To research and analyze user traffic on our platform at the aggregate and individual levels for purposes that include, among others, improving functionality and responding to user desires and preferences.

Former Information: We maintain non-public personal information of our former Participants, parents or legal guardians, donors and educational institutions and apply the same policies that apply to current Participants, parents or legal guardians, donors and educational institutions. Such non-public personal information of a former Participant, parent or legal guardian, donor or educational institution is archived in the Company’s internal records and only accessible to certain personnel upon request.

 

Refund Policy: In order to contribute to an Apex Fun Run, individuals who donate to an Apex Fun Run (the “Donor”) will be required to provide the Company with information regarding such Donor’s credit card or other payment instrument (“Payment Instrument”). Donors represent and warrant to the Company that such information is true, correct and accurate and that such Donor is authorized to use the applicable Payment Instrument. Donors agree that all donations are final and will not be refunded unless the Company, in its sole discretion, agrees to issue a refund. The Company uses HeritagePay, Wepay or Square to bill Donors through their respective Payment Instrument for any donations made, and Donors acknowledge that by contributing a donation to an Apex Fun Run, such Donor agrees to the processing, use, transfer or disclosure of data by HeritagePay, Wepay or Square pursuant to the Company’s Terms & Conditions.

 

Payment Security: When users donate through the Company’s website, all of such user’s payment information, including credit card number and billing address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes the user’s browser to encrypt such user’s payment information before transmitting it to the Company’s secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of the Company’s website from capturing and viewing users’ personal information. While the Company uses industry standard means to protect its website and users’ information, the Internet is not 100% secure. The measures the Company uses are appropriate for the type of information the Company collects. The Company cannot promise that users’ use of the Company’s website will be completely safe. The Company encourages users to use caution when using the Internet.

 

Information Security: We consider the protection of sensitive information to be a sound business practice, and to that end we employ physical, electronic and procedural safeguards, which seek to protect your non- public personal information in our possession or under our control. Participants, their parents or legal guardians, donors and educational institutions have the right to review any non-public personal information we have of such person or entity. Participants, their parents or legal guardians, donors and educational institutions may submit a written request by email to [email protected] to remove such person’s or entity’s non-public personal information from our records and to terminate the Company’s further use of such person’s or entity’s non-public personal information, unless such person or entity provides its personal information at a later date after submitting such request.

 

Further Information: We reserve the right to change our privacy policies and this Privacy Notice at any time. The examples contained within this notice are illustrations only and are not intended to be exclusive. This notice is intended to comply with the privacy provisions of applicable U.S. federal law and certain privacy provisions of other laws. You may have additional rights under other domestic laws that apply to you, including as set forth in our additional privacy notices.

 

*If Apex is granted access to records, files, documents and other materials that: (a) contain information directly related to a student; and (b) are maintained by the school, or by a party acting for the school (“Education Records”), Apex acknowledges that, pursuant to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its implementing regulations, 34 C.F.R. Part 99 (“FERPA”), it will be designated as a “school official” with “legitimate educational interests” in the Education Records and personally identifiable information disclosed to it, and Apex agrees to abide by the FERPA limitations and requirements imposed on school officials. Apex will use the Education Records and personally identifiable information only for the purpose of fulfilling its duties under the agreement with the school for the school’s benefit, and shall not share the Education Records or personally identifiable information with or disclose it to any third party except as provided for in its agreement with the school, as required by law, or if authorized in writing by the school. Apex warrants and represents that during the five-year period preceding the date of this Privacy Policy, it has not been found in violation of FERPA by the Family Policy Compliance Office.

 

PRIVACY NOTICE SUPPLEMENT FOR CALIFORNIA RESIDENTS

 

This notice supplements the Privacy Notice set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 (the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth above in the Privacy Notice. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

 

Categories of Personal Information We Collect: We have collected some or all of the following categories of personal information from individuals within the last twelve (12) months:

 

• Identifiers, such as first and last name, contact details and address (including physical address and email address);
• Other records, such as telephone number, bank account number and other financial information (including credit card number and any other type of payment information);
• Education information, such as Participant’s teacher and grade level at an elementary or secondary educational institution; and
• Internet or other electronic network activity information, such as information you provide to us when you correspond with us.

Within the last twelve (12) months, we have shared each of the categories of personal information collected with third-party service providers as set forth in “Disclosure of Information” in the Privacy Notice above, and we collect personal information from the sources set forth in “Sources of Non-Public Information” in the Privacy Notice above.

 

Purposes for Collecting Personal Information: We may collect or share the personal information we collect about you for one or more of the following business purposes:

 

• performing services to you, including, but not limited to:
  • the administrative processes (and related communication) in registering Participants and corresponding with such Participants;
  • ongoing communication with prospective participants during the process of coordinating the event;
  • ongoing operations, administrative, accounting, reporting, account maintenance and other processes and communication required to operate the business, including customer service, processing transactions, verifying personal information and processing donations;
  • keeping prospective participants, their parents or legal guardians, donors and educational institutions and Participants informed about upcoming events sponsored by Apex Fun Run, LLC (the “Company”);

• auditing and verifications related to Participant interactions, including, but not limited to, verifying the quality and effectiveness of services;
• detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity; and
• complying with U.S., state, local and non-U.S. laws, rules and regulations.

We do not sell any of the personal information we collect about you to third parties.

 

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations.

 

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of personal information specific to you over the last twelve

(12) months. Such information includes:

 

• The categories of personal information we collected about you;
• The categories of sources from which the personal information is collected;
• Our business purpose for collecting such personal information;
• Categories of third parties with whom we share the personal information;
• The specific pieces of personal information we have collected about you; and
• Whether we disclosed your personal information to a third party, and if so, the categories of personal information that each recipient obtained.

 

No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service or suggesting that you will receive, or providing, a different level or quality of service to you.

 

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request using any of the methods set forth below.

 

If you would like to contact us by telephone without incurring telephone charges, please submit your request and telephone number by email at [email protected], and we will call you between 9 a.m. and 6 p.m. Pacific Time.

 

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

 

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request. We will inform you in writing if we cannot meet that timeline. Please contact Apex Fun Run, LLC at the contact information above with any questions or concerns about this Privacy Notice.