Privacy Policy

This Privacy Notice for TOP Performance, Inc. (doing business as TOP) ("we," "us," or "our"), describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you:

• Visit our marketing website at https://use.top, or use our customer application at https://dashboard.use.top, or any website of ours that links to this Privacy Notice
• Use our Services. TOP operates a business-to-business environmental monitoring platform for sports teams. We supply internet-connected sensor devices ("Devices") that measure ambient room conditions in a player's bedroom at home and transmit those measurements over a cellular connection to our hosted software platform, which authorized staff of a customer team access through a web dashboard and API (the "Platform").
• Use the TOP player app for iOS or Android (the "App"). The App has no accounts. A player scans the code printed on the Device in their bedroom and sees that room's readings, a bedroom score, and messages from their team's coach.
• Engage with us in other related ways, including any marketing or events

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. 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 mm@use.top.

Summary of key points

This summary provides key points from our Privacy Notice, but you can find out more details about any of these topics below.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.

Do we process any sensitive personal information? The App asks a player one optional question on first open: what is in the bedroom. Earlier versions of the App also asked for usual bedtime, how mornings feel and recovery habits, and we keep the answers players gave there. Answers about sleep and recovery can count as health-related information in some jurisdictions. We process them only with the player's consent, only for the purposes in section 2, and a player can have them deleted at any time. We do not process any other sensitive personal information.

Do we collect any information from third parties? Room readings come from Devices that a customer team places. Weather for the Device's area comes from a weather provider. We do not buy or receive personal information from data brokers.

Who is responsible for a player's data? The team that places a Device and invites its players decides why and how room readings and first-open answers are used; for that data the team is the controller and we process it on the team's behalf. We are the controller for Platform accounts, App install records, push tokens, crash reports, product analytics, and Device health data. See section 2.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties.

How do we keep your information safe? We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.

How do you exercise your rights? The easiest way to exercise your rights is by contacting us at mm@use.top. We will consider and act upon any request in accordance with applicable data protection laws.

Table of contents

• 1. What information do we collect?
• 1a. What the Device can and cannot sense
• 2. How do we process your information?
• 3. When and with whom do we share your personal information?
• 4. Do we use cookies and other tracking technologies?
• 5. How long do we keep your information?
• 6. How do we keep your information safe?
• 7. Do we collect information from minors?
• 8. What are your privacy rights?
• 9. Controls for do-not-track features
• 10. Do United States residents have specific privacy rights?
• 11. Do we make updates to this notice?
• 12. How can you contact us about this notice?
• 13. How can you review, update, or delete the data we collect from you?
• 14. International transfers
• 15. Reporting a security issue

1. What information do we collect?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Platform accounts (team staff). Email address, password (stored as a hash), the authenticator app you link if you turn on two-step verification, any passkey you add (we never see the passkey's private key), your name and role on the team as entered by your team's admin, API keys you create (stored as a hash), and the settings you choose such as alert thresholds and report preferences.

The App (players). The App has no sign-up and asks for no name, email, or phone number. It sends us:

• an identifier for the install, generated on the phone, so a team can switch one phone off without affecting the others, and so we can count connected phones per bedroom;
• a push notification token, only if the player allows messages, so the team's coach messages can be delivered;
• the answer to the first-open question, if the player chooses to give it: what equipment is in the bedroom, which is what chooses the coach's messages; and, where a player gave them in an earlier version of the App, what they wanted from the App, how mornings feel, recovery habits and usual bedtime. How mornings feel, recovery habits and what the player wants are not shown to the team;
• which terms version the player agreed to and when;
• crash reports and performance diagnostics (through Sentry), which contain the screen the App was on and technical details of the error, never room readings or answers;
• the phone's platform and model name, so the team can tell one connected phone from another.

The App uses the camera once, to read the code printed on the Device. No image leaves the phone. The App does not use location services.

Devices. A Device sends us, every couple of minutes, the readings listed in section 1a for the room it is in, together with its own health (signal strength, power state, firmware version) and the identity of the cellular tower it is connected to. We use the tower to estimate the Device's area to within roughly a kilometer, for local weather and the correct time zone. We do not use it to locate a person, and the App never sends a phone's location.

Sensitive Information. Apart from the optional first-open answers described above, we do not process sensitive information.

Payment Data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by Stripe. You may find their privacy notice link here: https://stripe.com/privacy.

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

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data. We do not collect precise location. For Platform accounts we may derive a country from your IP address for security. For Devices we estimate the area of the room from the cellular tower, as described above.
• Product analytics (Platform only). Which Platform pages team staff open and which exports and API-key actions they take, recorded on our servers. There are no third-party analytics scripts or advertising pixels on the Platform, and no analytics in the App.

1a. What the Device can and cannot sense

The Device goes into a bedroom, so this is not left to policy alone; it is how the hardware is built.

• There is no camera. Light is measured by an ambient light sensor, the same kind of component that dims a phone screen: a single light-sensitive point that reports one number, how bright the room is. It has no lens and cannot form an image, whatever software runs on it.
• Sound is a number, never audio. The microphone is reduced, on the Device itself, to a single loudness value in decibels, and the sound is gone the instant it is measured. Nothing is recorded, stored, or transmitted that could be played back. The Device can report that a door slammed at 78 decibels; it can never report a word said in the room.
• Everything it sends, the whole list: carbon dioxide, temperature, humidity, light level, loudness, fine particulates, and on newer Devices volatile organic compounds and nitrogen oxides, plus the Device's own health and cellular tower as described in section 1. That is the entire feed.

2. How do we process your information?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

Our role and your team's role. When a team places a Device in a player's bedroom and invites the player to the App, the team decides why the room is measured, who on its staff sees the readings, what the coach sends, and how long the team keeps the data. For room readings, night verdicts, the bedroom score, the first-open answers, and coach messages, the team is the data controller and we act as its processor under a data processing agreement. The team is responsible for telling its players about this, for making sure participation is voluntary, and for having a lawful basis for it. For Platform staff accounts, App install records, push tokens, crash reports, product analytics, and Device health and location data, we are the controller. Questions about how your team uses your data go to your team first; questions about our own processing come to us at the address in section 12.

What we do with room and App data, specifically:

• compute the night's verdicts and the bedroom score from the readings, using the thresholds your team has set, and show them to the team's staff and to the player;
• use the Device's area for local weather and the time zone, so alerts and coach messages respect the player's night and not the server's;
• send coach messages by push notification to players who allowed them, and never during the quiet hours their team sets for the night;
• count connected phones per bedroom, and let a team switch off one phone;
• keep the App working: crash reports to fix broken screens, a minimum-version check on open, and over-the-air updates of the App's code.

We do not sell personal information, we do not use it for advertising, and we do not use a player's data for anything other than the team's purposes above and keeping the Services working. Where we use de-identified, aggregated data to improve the product, it cannot be linked back to a person or a team.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
• To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "What are your privacy rights?" below.
• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
• To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
• To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
• To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.

3. When and with whom do we share your personal information?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your 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.
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
• With your team. If you use the App, your team's staff see the readings from the Device in your bedroom, the night verdicts and score, which phones are connected, the bedroom-equipment answer, and a bedtime where the player gave one in an earlier version of the App. They do not see how mornings feel, your recovery habits, or what you said you want from the App.
• Service providers. Companies that host or run parts of the Services on our behalf, under contracts that limit them to our instructions: Supabase (database and application hosting), Vercel (web hosting), Cloudflare (network and API gateway), Expo (App builds, updates, and push notification delivery), Sentry (crash and error reporting), Blues and 1NCE (cellular connectivity for Devices), Google (area estimation from cellular towers and weather), our email delivery provider (reports and account email), and Slack (only for teams that connect their own Slack workspace). We keep a current list available to customer teams on request.

We do not share personal information with business partners for their own marketing.

4. Do we use cookies and other tracking technologies?

In Short: We may use cookies and other tracking technologies to collect and store your information.

The Platform sets only the cookies it needs to work: your sign-in session and which team you are viewing. There are no advertising cookies, no third-party analytics scripts, and no tracking pixels on the Platform, which is why it shows no cookie banner. The App sets no cookies. The marketing website at use.top uses no third-party tracking either.

To the extent these online tracking technologies are deemed to be a "sale"/"sharing" (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below under section "Do United States residents have specific privacy rights?"

5. How long do we keep your information?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than twelve (12) months past the termination of the user's account.

Specifically: room readings and night verdicts are kept for as long as the team's contract with us requires, and deleted or de-identified within 30 days after the contract ends unless the team exports them first. An App install record, its push token, its terms acceptance, and the first-open answers are deleted immediately when the player removes the bedroom in the App, and are marked as removed when a team switches that phone off. Crash reports are kept by our error-reporting provider for 90 days. Product analytics events on the Platform are kept for as long as the team has an account. Device health and location history is kept with the Device's history and cleared when a Device changes hands between teams.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. How do we keep your information safe?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. Do we collect information from minors?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

The Services, including the App, are for adults only. We do not knowingly collect, solicit data from, or market to anyone under 18, and teams may not place a Device in the bedroom of, or invite to the App, anyone under 18. By using the Services you represent that you are at least 18. If we learn that personal information from a person under 18 has been collected, we will delete it and switch off the Device and any connected phones. If you become aware of any data we may have collected from children under age 18, please contact us at mm@use.top.

8. What are your privacy rights?

In Short: You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "How can you contact us about this notice?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "How can you contact us about this notice?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

If you use the App

You can stop at any time. Removing the bedroom in the App deletes this phone's install record, its push token, and your first-open answers from our servers immediately; the readings from the Device stay with your team, because the Device and the room data belong to the team's program. You can decline push notifications in the App or at the operating-system level and the App keeps working. You can unplug the Device at any time. To ask for a copy of the data about you or for its deletion, contact your team, which is the controller for room data, or contact us at the address in section 12 and we will pass the request on and handle the parts we control ourselves.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.

If you have questions or comments about your privacy rights, you may email us at mm@use.top.

9. 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, we do 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.

California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.

10. Do United States residents have specific privacy rights?

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

Categories of Personal Information We Collect

The table below shows the categories of personal information we have collected in the past twelve (12) months.

Category	Examples	Collected
A. Identifiers	Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name	YES
B. Personal information as defined in the California Customer Records statute	Name, contact information, education, employment, employment history, and financial information	NO
C. Protected classification characteristics under state or federal law	Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data	NO
D. Commercial information	Transaction information, purchase history, financial details, and payment information	YES
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements	YES (Platform page views only, recorded on our servers)
G. Geolocation data	Device location	YES (approximate area of a Device from its cellular tower; never a phone's location)
H. Audio, electronic, sensory, or similar information	Images and audio, video or call recordings created in connection with our business activities	NO
I. Professional or employment-related information	Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us	NO
J. Education Information	Student records and directory information	NO
K. Inferences drawn from collected personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual's preferences and characteristics	YES
L. Sensitive personal information	The optional first-open answers in the App about sleep and recovery habits	YES, with consent, and never sold or shared for advertising

We will use and retain the collected personal information as needed to provide the Services or for as long as the user has an account with us.

Washington, Nevada, and Connecticut residents. If you live in a state with a consumer health data law and you use the App, the first-open answers about sleep and recovery are collected only with your consent, are used only for the purposes in section 2, are never sold, and are deleted when you remove the bedroom in the App or on request.

How We Use and Share Personal Information

Learn more about how we use your personal information in the section, "How do we process your information?"

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. We may also use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:

• Right to know whether or not we are processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to non-discrimination for exercising your rights
• Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California's privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

How to Exercise Your Rights

To exercise these rights, you can contact us by emailing us at mm@use.top, or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, you can designate an authorized agent to make a request 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 applicable laws.

Request Verification

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. 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.

Appeals

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at mm@use.top. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

11. Do we make updates to this notice?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Last updated" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

12. How can you contact us about this notice?

If you have questions or comments about this notice, you may email us at mm@use.top or contact us by post at:

TOP Performance, Inc.
169 Madison Ave, STE 15920
New York, NY 10016
United States

13. How can you review, update, or delete the data we collect from you?

Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please email us at mm@use.top.

14. International transfers

We are a United States company and the Services are hosted in the United States. If you use the Services from the European Economic Area, the United Kingdom, Switzerland, or another region with data transfer rules, your personal information is transferred to the United States. For customer teams in those regions we rely on the EU-US Data Privacy Framework where a service provider is certified under it, and on the European Commission's Standard Contractual Clauses (and the UK addendum) otherwise, as set out in the data processing agreement we sign with each team. A player who wants to know the safeguards applied to their data can ask their team or contact us.

15. Reporting a security issue

If you believe you have found a security vulnerability in the Platform, the App, or a Device, please email mm@use.top with "security" in the subject line. We will acknowledge within two business days. Please do not access other people's data while testing. If we learn of a breach affecting personal information, we notify the affected teams without undue delay so they can meet their own obligations, and we notify individuals and authorities directly where the law requires us to.