PRIVACY POLICY

Effective Date: June 25, 2025
Last Updated: December 18, 2025

Introduction

Above The Neck, Inc. ("ATN," "we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our websites at TAPcoach.com, TakeTheTAP.com, or AboveTheNeck.ai (the "Sites") or use our mobile application, online services, or any services related to the Troutwine Athletic Profile (TAP) and our mental coaching platform (collectively, the "Services").

The protection of personal privacy is a hallmark of ATN. We maintain the confidentiality of each assessment respondent unless an individual user consents to the release of their Personal Information or individual results.

We respect your privacy and are committed to protecting your personal data. Please read this Privacy Policy carefully to understand our practices regarding your personal data. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this Privacy Policy.

This Privacy Policy applies to all data collected by ATN, including TAP data initially entered through the Ryzer platform (previously called Ryzer Mindset) and transferred into the ATN database and platform. Please note that Ryzer's Privacy Policy will also apply to your data while it remains on the Ryzer platform.

Information We Collect

For the purposes of this Privacy Policy, "Personal Information" refers to information that identifies you or makes you identifiable, either directly or indirectly. Information that by itself cannot be used to identify you does not qualify as Personal Information.

Categories of Personal Information

We may collect the following categories of Personal Information:

Identifiers

  • Name and alias
  • Postal address
  • Email address
  • Phone number
  • Account username and password
  • IP address and other online identifiers
  • Device identifiers

Customer Records Information

  • Name
  • Address
  • Telephone number
  • Education information
  • Employment information
  • Payment information (credit card details, billing address)

Protected Classifications

  • Age
  • Gender

Commercial Information

  • Products or services purchased or considered
  • Purchasing history
  • Transaction information

Internet or Network Activity

  • Browsing history
  • Search history
  • Information regarding interaction with our Services
  • App usage data

Geolocation Data

  • Physical location or movements

Professional Information

  • Current and past employment information (based upon the organizations/teams you have been a Team Account administrator of)
  • Athletic experience and history

Education Information

  • Education history (based on the schools/universities you attended when using our services)
  • Athletic achievements (based on the teams/sports you participated in when using our services)

TAP Assessment Data

  • Assessment responses
  • Assessment reporting results

AI Chatbot Conversation Data

  • Transcripts of conversations with our AI mental coaching tools
  • Session summaries and insights

Content Usage Data

  • Videos watched, audio file listens, etc.
  • Digital downloads
  • System forms completed
  • Content saved
  • Tasks, etc., marked completed
  • Content tagged, e.g. this characteristic is "Me" or "Not Me"

Shared Reports & Type Connections

  • List of parents and coaches you have shared TAP reports with
  • List of individuals you have mutually shared TAP Types with
  • Teams and Organizations you have been members of

Inferences

  • Profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes

Sources of Personal Information

We collect Personal Information from:

Directly from you

  • Create an account
  • Complete the TAP assessment
  • Purchase our products or services
  • Use our AI mental coaching tools
  • Contact us via email or phone
  • Complete forms on our Sites
  • Interact with our system (e.g., marking a task completed)
  • Participate in surveys or questionnaires

Indirectly

  • Automated technologies or interactions (cookies, server logs)
  • Third parties, such as your coach, team, sports organization, or educational institution that provides us with information about you
  • The Ryzer platform if your TAP data is imported into ATN

Public sources

  • Publicly available athletic profiles or statistics
  • Public social media profiles
  • Public educational records, where legally permitted

How We Use Your Information

We use the Personal Information we collect for the following purposes:

Legal Basis for Processing (EU/UK Users)

For users in the European Union and United Kingdom, we process your Personal Information under the following legal bases:

Contract Performance

Processing necessary to perform our contract with you, including:

  • Setting up and maintaining your account
  • Providing the TAP assessment and results
  • Delivering the AI mental coaching services
  • Delivering mental performance training and resources
  • Processing payments and fulfilling orders
  • Providing customer support

Legitimate Interests

Processing necessary for our legitimate interests, including:

  • Improving and personalizing our Services
  • Developing new products and features
  • Conducting data analytics and research
  • Ensuring the security of our Services
  • Marketing our products and services to you
  • Managing our business operations

Legal Obligation

Processing necessary to comply with our legal obligations, including:

  • Responding to legal requests and preventing fraud
  • Maintaining security and integrity of our Services
  • Complying with tax, accounting, and other legal requirements

Consent

Processing based on your specific consent, including:

  • Sending marketing communications where consent is required
  • Processing sensitive personal data for the TAP assessment
  • Collecting and analyzing AI chatbot conversation data
  • Using cookies that are not strictly necessary for the functioning of our Services

Specific Uses of Your Information

We use your Personal Information for the following specific purposes:

To provide and improve our Services

  • Deliver the TAP assessment and results
  • Provide AI mental coaching through our chatbot
  • Personalize content and recommendations
  • Update and develop our Services
  • Conduct research and analysis to improve our Services

To operate our business

  • Process payments and prevent fraud
  • Communicate with you about your account or transactions
  • Provide customer support
  • Send administrative information and service updates
  • Manage our business relationships

To market to you

  • Send promotional communications about our Services
  • Display targeted advertising
  • Measure the effectiveness of our marketing campaigns

For legal and security purposes

  • Comply with legal obligations
  • Enforce our Terms of Use
  • Protect our rights, privacy, safety, or property
  • Detect, prevent, and address fraud or security issues

How We Share Your Information

We may share your Personal Information in the following circumstances:

With Your Consent or at Your Direction

We share your Personal Information when you explicitly consent or direct us to do so, such as when you share your TAP results with coaches, parents, or teammates.

With Service Providers

We engage third-party companies and individuals to perform services on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. These service providers have access to your Personal Information only to perform specific tasks and are obligated not to disclose or use it for other purposes.

With Team Organizations

If you are part of a team or organization using our Services, we may share your TAP results and other relevant information with authorized administrators, coaches, and staff of that organization as part of the Services provided.

For Business Transfers

In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company, your Personal Information may be transferred. We will notify you via email and/or a prominent notice on our Services of any change in ownership or uses of your Personal Information.

For Legal Purposes

We may disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency), or to:

  • Comply with legal obligations
  • Protect and defend our rights or property
  • Prevent or investigate possible wrongdoing
  • Protect the personal safety of users or the public
  • Protect against legal liability

Aggregate or De-Identified Information

We may share aggregate or de-identified information that cannot reasonably be used to identify you. This information may be used for research, marketing, analytics, and other purposes.

International Data Transfers

Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

EU-U.S. and Swiss-U.S. Data Privacy Framework

Above The Neck, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Above The Neck, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Above The Neck, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Above The Neck, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Above The Neck, Inc. at privacy@abovetheneck.ai.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Above The Neck, Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Under certain conditions, you may invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms. For additional information, please visit https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

The Federal Trade Commission has jurisdiction over Above The Neck, Inc.'s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

Above The Neck, Inc. is responsible for the processing of personal data it receives under the Data Privacy Framework and subsequently transfers to a third party acting as an agent on its behalf. Above The Neck, Inc. complies with the DPF Principles for all onward transfers of personal data from the EU, UK and Switzerland, including the onward transfer liability provisions.

Your Privacy Rights and Choices

Depending on your location, you may have certain rights regarding your Personal Information:

Access and Portability

You can request access to your Personal Information and, in some cases, receive a copy in a portable format.

Correction

You can request correction of inaccurate or incomplete Personal Information.

Deletion

You can request deletion of your Personal Information, subject to certain exceptions.

Opt-Out of Marketing

You can opt out of receiving marketing emails by clicking the "unsubscribe" link in any marketing email or by contacting us.

Withdraw Consent

Where we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time.

To exercise these rights, please contact us using the information provided in the "Contact Us" section below. We will respond to your request within the timeframe required by applicable law.

Data Security

We implement appropriate technical and organizational measures to protect your Personal Information against unauthorized or unlawful processing, accidental loss, destruction, or damage. These measures include:

  • Encryption of data in transit and at rest
  • Regular security assessments and audits
  • Access controls and authentication procedures
  • Employee training on data protection
  • Incident response procedures

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Children's Privacy

The TAP assessment offered on ATN websites is intended to be used by individuals aged 13 years and older.

Potential users under 13 years of age may only take the TAP assessment after their parent or legal guardian has provided explicit consent through our processes. If this consent is given, the parent or guardian will be responsible for the user's use and access of our Services and must agree to these Terms on the user's behalf.

For users between the ages of 13 and 18 (or the applicable age of majority in your jurisdiction), parental consent may be required for certain Services.

If you are a school administrator, teacher, or otherwise part of an educational organization and you intend to have students participate in any ATN assessment, you agree to take all necessary actions to comply with applicable student privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA) in the United States and similar laws in other jurisdictions.

AI Chatbot System

Our Services include an AI mental coaching chatbot that processes conversational data to provide personalized mental coaching and support. The following specific provisions apply to this system:

Conversation Data Collection

If you use our AI chatbot, we may collect and process:

  • Text of your conversations with the AI chatbot
  • Feedback you provide on the chatbot's responses
  • Information about your mental performance goals and challenges
  • Session summaries and insights

Use of Conversation Data

We may use conversation data to:

  • Provide and improve the AI chatbot service
  • Generate personalized coaching and insights
  • Improve our AI models through training and optimization (in anonymized form)
  • Identify patterns and trends (in anonymized form)

AI Output Disclaimer

You understand and agree that any output or other information obtained through use of our AI chatbot, similar to use of other AI tools, is susceptible to inaccuracies and incompleteness, including hallucinations in some instances. You must not rely on factual assertions in output from our AI system without independent fact-checking, and you must not rely on any such AI output without independent review of functionality and suitability for your needs.

Conversation Data Control

You can:

  • View your conversation history within the app
  • Delete specific conversations or all conversation history
  • Request complete deletion of your conversation data by contacting us

Cookies and Tracking Technologies

We use cookies and similar tracking technologies (like web beacons and pixels) to collect and store information about your interactions with our Services. These technologies help us identify you, customize your experience, analyze usage, and deliver targeted advertisements.

Types of Cookies We Use

Essential Cookies

Necessary for the functioning of our Services and cannot be switched off.

Performance and Analytics Cookies

Help us understand how visitors interact with our Services and improve performance.

Functionality Cookies

Enable enhanced functionality and personalization.

Advertising/Targeting Cookies

Used to deliver relevant advertisements and track campaign performance.

Your Cookie Choices

You can manage your cookie preferences by:
Please note that blocking certain cookies may impact your experience on our Services.

Third-Party Links

Our Services may contain links to third-party websites, products, or services that are not owned or controlled by ATN. This Privacy Policy applies only to our Services. We have no control over, and assume no responsibility for, the privacy policies or practices of any third-party websites or services. We encourage you to review the privacy policies of any third-party sites or services you visit.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes by posting the updated Privacy Policy on our Services with a new "Last Updated" date. Your continued use of our Services after such modifications will constitute your acknowledgment of the modified Privacy Policy and agreement to be bound by it.

Data Retention

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, or to provide our Services to you.

To determine the appropriate retention period, we consider:

  • The amount, nature, and sensitivity of the personal data
  • The potential risk of harm from unauthorized use or disclosure
  • The purposes for which we process the data
  • Whether we can achieve those purposes through other means
  • Legal, regulatory, and contractual requirements

When your Personal Information is no longer needed, we will securely delete or anonymize it. In some circumstances, we may anonymize your Personal Information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

U.S. State-Specific Privacy Rights

Depending on the state in which you reside, you may have certain privacy rights regarding your Personal Information. This section provides information about these rights for residents of California, Colorado, Connecticut, Utah, Virginia, and other states with similar privacy laws.

California Residents

Under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), California residents have the following rights:

Right to Know/Access

You can request information about the categories of Personal Information we have collected about you, the categories of sources, our purpose for collection, the categories of third parties with whom we share your Personal Information, and the specific pieces of Personal Information we have collected.

Right to Delete

You can request deletion of Personal Information we have collected about you, subject to certain exceptions.

Right to Correct

You can request correction of inaccurate Personal Information we maintain about you.

Right to Opt-Out of Sale or Sharing

You can direct us not to "sell" or "share" your Personal Information as those terms are defined by the CCPA.

Rights Regarding Sensitive Personal Information

You can limit the use or disclosure of your sensitive Personal Information.

Right to Non-Discrimination

You will not be discriminated against for exercising your privacy rights.

Right to Data Portability

You can obtain a copy of your Personal Information in a portable format. Specifically:

  • Data will be provided in CSV format
  • Requests will be fulfilled within 30 days
  • The data export includes your TAP results
  • You can request this by emailing us at privacy@abovetheneck.ai

To exercise your rights, please contact us as described in the "Contact Us" section.

Other U.S. State Residents

If you are a resident of Colorado, Connecticut, Utah, Virginia, or other states with comprehensive privacy laws, you may have similar rights to:

  • Confirm whether we are processing your Personal Information
  • Access your Personal Information
  • Correct inaccuracies in your Personal Information
  • Delete your Personal Information
  • Obtain a copy of your Personal Information in a portable format. Specifically:
    • Data will be provided in CSV format
    • Requests will be fulfilled within 30 days
    • The data export includes your TAP results
    • You can request this by emailing us at privacy@abovetheneck.ai
  • Opt out of targeted advertising, the "sale" of your Personal Information, or profiling in furtherance of decisions that produce legal effects

To exercise these rights, please contact us using the details provided in the "Contact Us" section.

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:

Above The Neck, Inc.
12 Mohave Drive
Lake Winnebago, MO 64034
Email: privacy@abovetheneck.ai

For EU/UK individuals who have inquiries or complaints about our handling of Personal Information under the Data Privacy Framework, please contact us at privacy@abovetheneck.ai.

The data protection officer for Above The Neck can be contacted at privacy@abovetheneck.ai.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://www.jamsadr.com/DPF-Dispute-Resolution.