MAXXX Performance Privacy Policy
Plain-language summary. This Privacy Policy explains what information we collect through the MAXXX Performance platform, why we collect it, how we protect it, and the choices and rights you have. Because our platform supports mental and athletic performance, some of the information we handle is personal and sensitive, and we treat it that way. This summary is for convenience only; the full policy below governs.
1. Introduction and Scope
This Privacy Policy (“Policy”) describes how Sport Balance, Inc. (“Sport Balance,” “MAXXX,” “we,” “us,” or “our”) collects, uses, discloses, and protects personal information when you access or use our websites (including maxxxperformance.com), mobile applications, and related products and services, including the MAXXX Performance app, The Locker Room, and MAXXX Recruit (collectively, the “Services”).
This Policy applies to all users of the Services worldwide. By using the Services, you acknowledge that you have read and understood this Policy. If you do not agree with it, please do not use the Services.
2. Who We Are (Data Controller)
Sport Balance, Inc. is a Texas corporation and is the entity responsible for the personal information processed through the Services. For the purposes of the EU/UK General Data Protection Regulation and similar laws, Sport Balance, Inc. acts as the “data controller” (or “business” under U.S. state privacy laws) except where we process information on behalf of a school, club, or organization, in which case that organization may be the controller and we act as a processor/service provider under our agreement with them.
Contact: Sport Balance, Inc., Houston, Texas. Email: kevin@maxxx.app. Phone: 713-828-1861.
3. Information We Collect
3.1 Information You Provide to Us
- Account and profile information — name, email address, phone number, username, password, date of birth or age, sport, team or school affiliation, and role (e.g., athlete, coach, parent/guardian, athletic director).
- Wellness and performance inputs — responses to assessments, journaling entries, mood or mental-fitness check-ins, goals, training reflections, and other content you enter through the Services.
- Recruiting information (MAXXX Recruit) — athletic statistics, academic information, highlight media, and recruiting preferences you choose to provide.
- Payment information — billing details processed by our third-party payment processors. We do not store full payment-card numbers on our own servers.
- Communications — information you provide when you contact us, respond to surveys, or participate in programs such as The Locker Room.
3.2 Information We Collect Automatically
- Device and technical data, such as IP address, device identifiers, browser type, operating system, and app version.
- Usage data, such as pages viewed, features used, session duration, and interactions with the Services.
- Cookies and similar technologies (see Section 8).
3.3 Information From Third Parties
We may receive information from schools, clubs, or organizations that enroll you in a program; from partners and platforms we integrate with (for example, the white-labeled recruiting portal); from payment processors; and from analytics or advertising providers, in each case consistent with this Policy and applicable law.
4. Sensitive Information
Some information you provide may relate to your mental and emotional wellness. We recognize that this information is sensitive. We collect and use it only to provide and improve the Services, and we do not sell it. Where required by law, we rely on your consent (or a parent/guardian’s consent for a minor) to process sensitive information, and you may withdraw that consent at any time by contacting us or discontinuing use of the relevant feature.
The Services are wellness and performance tools and are not medical or clinical services. Except where we expressly enter into a written agreement to act as a HIPAA business associate for a covered entity, the information you provide is not “protected health information” under HIPAA. See our Terms of Use for important disclaimers about the nature of the Services.
5. How We Use Your Information
We use personal information to:
- Provide, operate, personalize, and improve the Services;
- Create and manage accounts and authenticate users;
- Process payments and administer subscriptions;
- Deliver programs such as The Locker Room and connect athletes with coaches, and, where applicable, facilitate an independent external referral pathway for at-risk athletes;
- Communicate with you about the Services, including service-related and, where permitted, marketing messages (you may opt out of marketing at any time);
- Monitor, secure, and troubleshoot the Services and prevent fraud and abuse;
- Comply with legal obligations and enforce our Terms of Use.
6. Legal Bases for Processing (EEA/UK Users)
Where the GDPR or UK GDPR applies, we process personal information on one or more of the following legal bases: performance of a contract with you; your consent (including for sensitive data and certain marketing); our legitimate interests in operating and improving the Services in a manner that does not override your rights; and compliance with a legal obligation.
7. How We Share Information
We do not sell your personal information for money. We share personal information only as described below:
- Service providers — vendors that host our infrastructure, process payments, provide analytics, or support customer service, bound by contracts limiting their use of the information.
- Schools, clubs, and organizations — where you participate through such an organization, we may share relevant information with it, consistent with our agreement and applicable law.
- Coaches and program staff — within programs such as The Locker Room, to deliver coaching and support.
- Legal and safety — to comply with law, respond to lawful requests, protect the rights, safety, and property of users and the public, and address emergencies.
- Business transfers — in connection with a merger, acquisition, financing, or sale of assets, subject to this Policy.
Some U.S. state laws define “sale” and “sharing” broadly to include certain uses of cookies and advertising identifiers. See Sections 8 and 13 for the choices available to you.
8. Cookies and Tracking Technologies
We and our partners use cookies, pixels, SDKs, and similar technologies to operate the Services, remember preferences, measure performance, and, where permitted, support analytics and advertising. You can control cookies through your browser or device settings and, where offered, through our cookie preference tools. Disabling some cookies may affect how the Services function.
9. Children’s and Minors’ Privacy
The Services are designed for athletes and other users, and certain programs are intended for individuals aged 13 and older. We take the privacy of minors seriously.
9.1 Children Under 13 (COPPA)
The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13 without verifiable parental consent as required by the Children’s Online Privacy Protection Act (“COPPA”). Where a school, club, or organization provides access to users under 13, we act at that organization’s direction and rely on the organization to obtain any required consents. If we learn that we have collected personal information from a child under 13 without appropriate consent, we will delete it. Parents and guardians may contact us at kevin@maxxx.app to review, correct, or request deletion of their child’s information and to refuse further collection or use.
9.2 Minors Aged 13–17
For users aged 13 to 17, we encourage parental or guardian involvement and, where required by law or by a partnering organization, we obtain parental or guardian consent. Some U.S. state laws provide additional protections for minors’ data, including limits on targeted advertising, profiling, and the sale of a minor’s personal information; we honor those protections where they apply. A parent, guardian, or eligible minor may exercise the rights described in Section 13.
10. Data Retention
We retain personal information for as long as necessary to provide the Services, comply with our legal obligations, resolve disputes, and enforce our agreements. When information is no longer needed, we delete or de-identify it.
Retention periods vary depending on the type of information and the context, including any requirements imposed by a partnering school, club, or organization.
11. How We Protect Your Information
We maintain administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, alteration, and destruction. These measures include encryption in transit, access controls, and vendor due diligence. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If we become aware of a breach affecting your information, we will notify you and applicable authorities as required by law.
12. International Data Transfers
We are based in the United States, and the Services are operated from the United States. If you access the Services from outside the United States — including through MAXXX programs offered internationally — your information may be transferred to, stored in, and processed in the United States and other countries that may have data-protection laws different from those in your country. Where required, we use appropriate safeguards for international transfers, such as the European Commission’s Standard Contractual Clauses. By using the Services, you understand that your information may be processed in the United States.
13. Your Privacy Rights and Choices
13.1 Rights Available to Many Users
Depending on where you live, you may have the right to request access to, correction of, or deletion of your personal information; to obtain a portable copy; to opt out of targeted advertising, the “sale” or “sharing” of personal information, and certain profiling; and to withdraw consent. You may also opt out of marketing communications at any time using the unsubscribe link or by contacting us. We will not discriminate against you for exercising your rights.
To exercise your rights, contact us at kevin@maxxx.app or 713-828-1861. We will verify your identity before responding and will respond within the time required by applicable law. You may use an authorized agent where the law permits.
13.2 California Residents (CCPA/CPRA)
California residents have the rights described above, including the rights to know, delete, correct, and to opt out of the sale/sharing of personal information and limit the use of sensitive personal information. We do not sell personal information for money and do not knowingly sell or share the personal information of consumers under 16 without required consent. California residents may also request information about disclosures for direct-marketing purposes under California’s “Shine the Light” law.
13.3 Texas Residents (TDPSA)
Texas residents have rights under the Texas Data Privacy and Security Act, including the rights to confirm processing and access their data, correct inaccuracies, delete data, obtain a portable copy, and opt out of targeted advertising, sale of personal data, and certain profiling. You may appeal a denial of a request by contacting us; if we deny your appeal, you may contact the Texas Attorney General.
13.4 Other U.S. State Residents
Residents of other states with comprehensive privacy laws (for example, Virginia, Colorado, Connecticut, Utah, Oregon, and others) have similar rights. We honor these rights where the applicable law applies to us.
13.5 EEA, UK, and Similar Jurisdictions (GDPR)
If you are in the European Economic Area, the United Kingdom, or a jurisdiction with comparable law, you have the rights to access, rectification, erasure, restriction, portability, and objection, and the right to lodge a complaint with your local supervisory authority. Where we rely on consent, you may withdraw it at any time without affecting prior processing.
14. Third-Party Websites and Services
The Services may link to or integrate with third-party websites, platforms, and services that we do not control, including a white-labeled recruiting portal and payment processors. This Policy does not apply to those third parties. We encourage you to review their privacy policies before providing them with your information.
15. Do Not Track and Global Privacy Signals
Some browsers offer “Do Not Track” signals and universal opt-out mechanisms such as Global Privacy Control (GPC). Where required by applicable law, we treat a recognized opt-out preference signal as a valid request to opt out of the sale/sharing of personal information for that browser or device.
16. Changes to This Policy
We may update this Policy from time to time. When we make material changes, we will update the “Last Updated” date above and, where required, provide additional notice. Your continued use of the Services after an update means you accept the revised Policy.
17. Contact Us
If you have questions, requests, or complaints about this Policy or our privacy practices, contact us at:
Sport Balance, Inc.
Houston, Texas
Email: info@maxxx.app