Consumer Health Data Privacy Policy

Effective Date: 12/02/2024

United Sports Brands and its Affiliates (“United Sports Brands”, and "we," "us," "our") value your privacy and are committed to safeguarding your personal health information. “Affiliate” in this policy includes, but is not limited to, Shock Doctor, Nathan Sports, McDavid USA, NRG Knee Brace, Glukos Energy, Cutters Sports, and Pearl iZUMi. This consumer health data privacy policy (“Privacy Policy” or “Policy”) outlines how we handle Consumer Health Data in compliance with Washington's My Health My Data (“MHMD”) law, Nevada’s Senate Bill 370 (“SB370”), the Connecticut Data Privacy Act (“CDPA”), and other applicable privacy regulations.

This Policy applies to residents of the Washington State, Nevada, Connecticut, and other individuals whose Consumer Health Data we collect in those states, consistent with the definition of “Consumer” in the applicable regulations.  “Consumer Health Data” in this Policy means personal information that is linked to, or reasonably linkable to, a consumer and that identifies the consumer’s past, present, or future physical or mental health status, diagnosis, or other similar terms as defined under applicable heath data laws and regulations.  Consumer Health Data does not include personal health data regulated by the federal Health Insurance Portability and Accountability Act of 1996 and related regulations.

This Policy does not apply to other types of personal information. For more information on our collection or processing of personal information, please review our Privacy Policy.

1. Information We Collect

We collect Consumer Health Data solely for the purpose of processing warranty claims. This may include:

  • Purchase History: Information about purchases made to assist in the prevention, treatment, recovery, or care of activity-related injuries.
  • Injury Details: Information about the type, nature, and extent of injuries sustained while using our products. This may include information about bodily functions, vital signs, symptoms, or measurements of the information described in this Policy.
  • Medical Records: Relevant medical documentation provided by you or your healthcare provider related to the injury. This may include diagnoses or the results of diagnostic testing, health-related surgeries, medical interventions, treatments, or medication related to sustained injuries.
  • Claim Information: Details regarding the warranty claim, including your contact information and the product involved. This may include purchase information and information related to treatments, bodily functions, and medical interventions.

2. Sources of Consumer Health Data

We collect Consumer Health Data from the following sources:

  • Directly from you;
  • From your healthcare provider;
  • Our business partners and other third parties; and
  • Those authorized to provide the information on your behalf such as a caregiver or authorized representative

3. How We Use Your Consumer Health Data

We use Consumer Health Data for the following purposes:

  • Processing Warranty Claims: To assess and process your warranty claims and determine the eligibility of your request.
  • Equipment Safety: To analyze injury data for improving the safety and design of our products.
  • For Quality Assurance: To assess the quality and performance of our products and services.
  • Legal and Compliance: To comply with legal requirements and resolve disputes related to warranty claims.

4. How We Share Your Consumer Health Data

Your Consumer Health Data is shared only in the following circumstances:

  • With Service Providers: We may share your data with third-party service providers who assist us in processing claims, preventing fraud, and those that provide information security and technology programs.
  • To Process Warranty Claims: In order to process your warranty claims, we may need to share your data with third parties such as insurance providers or claims adjusters.
  • For Legal Compliance: We may disclose your data if required by law, such as in response to a legal request or to protect our legal rights. This may include sharing with United Sports Brands’ lawyers, auditors, and consultants, as well as authorized legal representatives, family member, and anyone you authorize.

5. Data Security

We implement robust security measures to protect your Consumer Health Data from unauthorized access, use, or disclosure. This includes physical, administrative, and technical safeguards. However, while we strive to protect your data, no method of electronic transmission or storage is completely secure.

6. Your Rights

To the extent afforded to you under MHMD, SB370, and CDPA, we will honor the following rights regarding your health data as a Consumer:

  • Access: You have the right to request access to the Consumer Health Data we hold about you.
  • Correction: You can request corrections to any inaccurate or incomplete Consumer Health Data.
  • Withdraw Consent: You may withdraw your consent from our collection and sharing of your Consumer Health Data at any time.
  • Deletion: You may request the deletion of your health data, subject to any legal and contractual obligations we have to retain it.

To exercise these rights, please contact us using the information in the “Contact Us” section below.

We may require identification verification before granting any request to access, withdraw consent, or delete your Consumer Health Data.  We take special precautions to help ensure the security of your information when processing requests.  We cannot respond to your request or provide you with Consumer Health Data if we cannot verify your identity or authority to make the request and confirm that the Consumer Health Data relates to you.  We will only use consumer health data collected in connection with a verifiable consumer request to verify the requestor's identity or authority to make the request.

If your request to exercise a right under MHMD, SB370, or CDPA is denied, you may appeal that decision by contacting us using the information below.  If your appeal is unsuccessful, you may raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint, the Nevada State Attorney General at https://ag.nv.gov/Complaints/CSU_Complaints___FAQ/, or the Connecticut State Attorney General at https://portal.ct.gov/ag/contact-the-attorney-generals-office/contact-the-attorney-generals-office.

7. Contact Us

If you have any questions or concerns about this Privacy Policy or how we handle your Consumer Health Data, please contact us at:

Email: cs@mcdavidusa.com

8. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on our website with an updated effective date. We encourage you to review this Policy periodically.