Newton Performance Systems

NPS Privacy Notice

United States Performance Center, LLC · Effective October 2026

This notice explains how United States Performance Center, LLC (“USPC”, “we”) collects, uses, shares and protects personal information through the NPS platform and the USPC website, and the rights you have over it.

1. When this notice applies

Most people use NPS through an organization, such as a team, school, club, clinic or training facility. In that case the organization decides what data is collected about you and why, and USPC processes it on the organization’s behalf under a written contract. The organization’s own privacy notice also applies, and requests about your data may be directed to the organization or to us; we will pass them on. Where you are tested at a USPC facility, or use the USPC website, USPC decides how your data is used and this notice applies in full.

2. What we collect

  • Identity and contact information: name, email address, date of birth, sex, ethnicity where you choose to give it, and account credentials.
  • Profile information: organization, team, sport, position and group.
  • Measurement and performance data: strength, power, velocity and force-plate measurements; movement, range-of-motion and conditioning test results; height, weight, limb lengths and body composition; training sessions, loads and machine settings.
  • Wellness information: questionnaire answers on fatigue, stress, soreness, mood, sleep and training load, and menstrual cycle status where you choose to give it.
  • Generated information: scores, levels, training loads and written summaries that NPS produces from your data.
  • Technical information: device, browser, log-in times and usage of NPS.
  • Communications: messages and feedback you send us, including any screenshots you attach.

Some of this information is sensitive data under state law, including health data and data that may be treated as biometric. We collect sensitive data only with the consent described in Section 8.

3. Where it comes from

We collect information from you, from your organization, and from the exercise machines, force plates and measurement systems your organization connects to NPS, including equipment and accounts from Keiser, Hawkin Dynamics, VALD, Catapult, GymAware, SECA and Bridge Athletic.

4. How we use it

We use personal information to:

  • provide NPS, including measuring and scoring performance, generating training loads and setting the resistance of connected exercise machines;
  • show results to you and to your organization;
  • operate, secure, support and improve NPS;
  • create de-identified data, from which all identifying information has been removed under the federal Safe Harbor standard at 45 CFR 164.514(b)(2), for research and to improve NPS; and
  • comply with law and enforce our agreements.

5. Automated processing

NPS calculates scores and training loads automatically, and sets the resistance of connected exercise machines from those calculations within force limits built into each machine. Your organization is required to have a qualified member of its staff review each training load before a machine applies it. NPS also uses an artificial intelligence service to write short summaries of performance pages; those summaries can contain errors and are checked against the underlying data.

NPS outputs are not used to make decisions about employment, team selection, scholarships, insurance, credit or housing, and our customers agree not to use them for those purposes. Where state law gives you the right to opt out of profiling or to ask for human review of an automated decision, you may do so by writing to us.

6. How we share it

We share personal information only with:

  • your organization, so its staff can see your results and manage your training;
  • service providers that host, store, process, email and support NPS for us under written contracts that require them to protect the information and use it only for us. They are listed in the USPC Subprocessor List;
  • research institutions, only as de-identified data, or as a limited data set with direct identifiers removed where you have given separate written permission and the institution has signed a data use agreement;
  • authorities, where required by law, subpoena or court order, or to protect someone’s safety; and
  • a successor, if USPC is merged or sold, subject to this notice.

7. What we do not do

We do not sell personal information. We do not share personal information for targeted or cross-context behavioral advertising. We do not use health or biometric data for advertising.

8. Consent for sensitive data

We collect biometric and health data only after you, or your parent or guardian if you are under 18, sign the USPC Biometric Information Notice, Consent and Release and the USPC Consumer Health Data Consent and Sharing Authorization. You may withdraw either consent at any time, as described in those forms.

9. How long we keep it

We keep personal information as set out in the USPC Data Retention and Destruction Policy, published on our website. In summary, biometric data is destroyed at the earlier of the end of your participation or three years after your last interaction with NPS, and data held for an organization is deleted within 60 days after its subscription ends. De-identified data is kept without a time limit.

10. How we protect it

We encrypt personal information in transit and at rest, limit access to people who need it, keep audit logs of changes to and exports of participant data, keep each organization’s data in a separate database, and train our staff in data security.

11. Your rights

Depending on where you live, you may have the right to:

  • confirm whether we hold your personal information, and obtain a copy of it in a portable format;
  • correct inaccurate information;
  • delete your information;
  • withdraw consent to the processing of sensitive data, or limit its use to what is needed to provide NPS;
  • opt out of profiling that produces legal or similarly significant effects;
  • receive a list of the third parties with whom your data has been shared; and
  • appeal our decision on any of these requests.

How to make a request. Write to privacy@usperformancecenter.com. We will verify your identity before acting, using information we already hold. An authorized agent may act for you with your signed permission. We respond within 45 days, and may extend that once by 45 days where necessary, telling you why. If we decline a request, we will explain why and how to appeal. We decide appeals within 45 days, and if you disagree with the outcome you may contact your state attorney general. We will not treat you differently for using any right.

California. In the past 12 months we collected the categories of information in Section 2, from the sources in Section 3, for the purposes in Section 4, and disclosed them for business purposes to the recipients in Section 6. We did not sell or share personal information, and we use sensitive personal information only for the purposes permitted by California law.

Washington and Nevada. The USPC Consumer Health Data Privacy Policy describes our handling of consumer health data and your rights under those states’ laws.

12. Children

NPS is used by participants of all ages through their organizations. We collect information about a child under 13 only after giving the parent the USPC Children’s Privacy Notice directly and obtaining the parent’s verifiable consent. Any participant under 18 takes part only with signed permission from a parent or guardian.

13. Changes

We will post any change to this notice on our website with its effective date, and will notify you before a material change takes effect.

14. Contact

United States Performance Center, LLC, Attention: Privacy and Security Officer. Email: privacy@usperformancecenter.com.