Privacy policy

This Privacy Policy explains how O'Brien Performance may collect, use, disclose, retain, and otherwise process personal information through obrienactive.com, coaching applications, business communications, and private coaching services.

Scope Eligibility Collection Health Information Use Payments Sharing Cookies Marketing Retention Photos & Testimonials International Rights Security Changes Contact

1. Who We Are and What This Policy Covers

O'Brien Performance is operated by Seamus O'Brien as a sole proprietor based in St. John's, Newfoundland and Labrador, Canada. O'Brien Performance provides private performance coaching and may deliver individualized training, conditioning, accountability, nutrition structure, recovery considerations, progress monitoring, and program adjustments.

This Privacy Policy applies to personal information collected through the website, coaching application forms, direct communications, scheduling and document tools, and the ongoing delivery and administration of private coaching services. O'Brien Performance is not a healthcare provider, does not provide medical care, and does not request complete medical records through the standard application process.

2. Eligibility

Coaching services are intended for individuals who are 18 years of age or older. Coaching applications may be accepted internationally, subject to suitability, service capacity, logistics, and applicable legal or practical limitations.

The website and services are not directed to minors. If O'Brien Performance becomes aware that personal information has been submitted by a person under 18, the information may be deleted or otherwise handled as appropriate under applicable law.

3. Personal Information That May Be Collected

Depending on how someone interacts with O'Brien Performance, the following categories of personal information may be collected:

• Identity and contact information: full name, email address, telephone number, city and country.
• Application and intake information: training level, physical and performance goals, preferred coaching format, desired starting date, budget or willingness to invest in private coaching, occupation, schedule, travel demands, availability, and other application responses.
• Coaching relationship information: coaching communications, program notes, check-ins, compliance feedback, progress information, and program adjustments.
• Payment and administrative information: payer name, payment date, payment amount, transaction reference, accounting records, and related administrative details.
• Marketing and consent information: subscription status, consent records, opt-in details, and unsubscribe or suppression records.
• Website and device information: device type, browser details, IP address, page-view information, cookies, Shopify analytics data, security logs, and related technical information.
• Professional outreach information: professional contact information lawfully obtained from public, business, referral, or research sources for legitimate outreach relating to O'Brien Performance services.

Information may be collected directly from applicants and clients, automatically through website technologies, through ongoing coaching interactions, or from lawful public, business, referral, or research sources where appropriate.

If requested information is not provided, O'Brien Performance may not be able to evaluate an application, communicate effectively, or deliver the requested coaching service.

4. Health-Related Information

Applicants and clients may voluntarily disclose injuries, limitations, medications, recovery concerns, or other health-related information verbally or in writing. Complete medical records are not requested through the standard application process.

Coaching is not medical care. Clients remain responsible for seeking medical advice, diagnosis, treatment, or medical clearance where appropriate.

5. How Personal Information May Be Used

Personal information may be used for legitimate business and service-delivery purposes, including:

• Application review: evaluating whether an applicant is a suitable fit for private coaching.
• Service delivery: designing, adjusting, and administering coaching services and related communications.
• Client support: responding to questions, scheduling sessions, documenting progress, and maintaining service continuity.
• Administration: record keeping, internal reporting, bookkeeping, operational management, dispute handling, insurance, and legal compliance.
• Website operations: maintaining site functionality, security, performance, fraud prevention, and user experience.
• Marketing management: sending updates where consent or another lawful basis exists, and honoring opt-out requests.
• Business protection: protecting rights, property, safety, systems, and legitimate business interests as permitted by law.

Where required by applicable law, O'Brien Performance will rely on consent or another valid legal basis for collection, use, and disclosure.

6. Payments

Payments are currently made by bank transfer, cash, or cheque. The website does not currently process payment-card transactions.

O'Brien Performance may retain payment dates, amounts, payer names, transaction references, accounting records, and related administrative information as reasonably necessary for bookkeeping, tax, audit, dispute-resolution, and business administration purposes.

If payment methods or website payment functionality change in the future, this Privacy Policy may be updated accordingly.

7. Service Providers, Disclosures, and Data Sales

Personal information may be processed by service providers and advisers that support the business, including:

• Shopify: website hosting, forms, privacy controls, security, analytics features, and core website functionality.
• Google Workspace: business email, files, documents, communications, and scheduling.
• Financial institutions: bank-transfer processing, deposit handling, and cheque-related administration.
• Contractors: lead-generation, research, administrative, development, or technology support personnel.
• Professional advisers: accountants, lawyers, insurers, and other advisers where reasonably required.
• Authorities: government, regulatory, law-enforcement, or other bodies where disclosure is required or permitted by applicable law.

Access is limited according to role, confidentiality expectations, and legitimate business need. Not every provider receives the same information, and sensitive information should only be made available where genuinely necessary.

O'Brien Performance does not receive payment for selling personal information. However, some privacy laws define "sharing" or similar terms broadly. Whether information is disclosed through analytics or advertising technologies can depend on current Shopify settings, installed applications, and whether optional tools are enabled with appropriate consent.

8. Cookies and Similar Technologies

The website may use cookies and similar technologies for security, functionality, preferences, analytics, and, where enabled, advertising-related purposes.

• Necessary Shopify cookies: used for core site functionality, page delivery, privacy controls, and essential operations.
• Security and functionality technologies: used to help protect the website, maintain sessions, detect abuse, and support forms or site features.
• Preference cookies: used to remember settings or visitor choices where applicable.
• Analytics technologies: used to understand traffic, page usage, and website performance.
• Optional advertising technologies: if enabled, these may support campaign measurement, audience building, or ad performance reporting.

Optional analytics or advertising technologies may depend on the current Shopify configuration, theme implementation, and installed applications. If Meta Pixel, Google Ads tools, TikTok Pixel, Hotjar, session-recording software, advertising audiences, or additional analytics technologies are installed or materially changed, this Privacy Policy should be updated accordingly.

Where required by applicable law, optional cookies and similar technologies should not load before valid consent is obtained. Regional cookie-consent requirements may vary, and the website may use location-sensitive consent behavior where appropriate.

Visitors can also manage cookies through browser settings. Blocking required cookies may affect website performance or prevent some parts of the site from functioning properly.

9. Marketing Communications

Marketing communications may include notices about private coaching availability, service updates, coaching openings, on-location availability, and relevant business announcements.

• Separate consent: marketing consent is separate from applying for coaching.
• No automatic subscription: submitting an application does not automatically subscribe someone to marketing messages.
• Lawful basis: marketing messages are sent only where consent or another lawful basis exists.
• Unsubscribe rights: recipients may opt out at any time using the method provided in the message or by contacting O'Brien Performance.
• Suppression records: a minimal record may be retained to ensure the unsubscribe request is respected going forward.
• Administrative messages: application-related or service-related communications may still be sent where necessary for an active application or coaching relationship.

10. Retention

Personal information is retained only for as long as reasonably necessary for the identified purposes, subject to legal, regulatory, insurance, accounting, dispute, and operational requirements.

• Unsuccessful or withdrawn applications: generally up to 12 months following the decision.
• Client, coaching, payment, accounting, and administrative records: generally up to seven years after the relationship ends.
• Marketing information: until consent is withdrawn or the person unsubscribes, unless a longer period is reasonably necessary to document consent.
• Suppression records: as reasonably required to honor unsubscribe requests.
• Security, legal, complaint, and dispute records: for as long as reasonably required for the relevant issue.

Retention periods may be extended or reduced where legally required, legally permitted, or reasonably necessary in the circumstances.

11. Photos, Testimonials, and Promotional Use

Client names, images, progress photos, testimonials, performance information, and identifiable results will not be published for promotional purposes without separate written consent.

Marketing consent is not a condition of receiving coaching. A person may receive coaching services without agreeing to promotional use of their identity, image, story, or results.

12. International Processing

O'Brien Performance is based in Canada but may accept international coaching applications. Personal information may therefore be processed in Canada and, depending on the service provider used, in the United States or other jurisdictions.

Shopify, Google Workspace, financial institutions, and other providers may process or store information outside the jurisdiction where the individual resides. Information processed in another jurisdiction may be subject to that jurisdiction's laws, court orders, and lawful access requirements by governments, regulators, or law-enforcement authorities.

13. Privacy Rights

Depending on the individual's location and the laws that apply, privacy rights may include the right to:

• request confirmation that personal information is held;
• request access to personal information;
• request correction of inaccurate or incomplete information;
• withdraw consent, where processing depends on consent;
• request deletion, where legally available;
• object to or request restriction of certain processing, where applicable;
• request data portability, where applicable;
• unsubscribe from marketing communications; and
• file a complaint with an applicable privacy regulator.

Requests should be sent to seamus@obrienactive.com. O'Brien Performance may require reasonable identity verification before responding. Legal exceptions, recordkeeping requirements, privilege, or other permitted limitations may affect how a request is handled.

14. Security and Privacy Incidents

O'Brien Performance uses reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, loss, misuse, alteration, or disclosure.

• Role-based access: limiting information access according to responsibility and business need.
• Strong account security: using password controls, authentication safeguards, and secure account practices.
• Confidentiality expectations: applying confidentiality requirements where appropriate.
• Secure service providers: using established business tools and providers selected with privacy and security in mind.
• Limited collection: seeking to collect only information reasonably needed for the purpose.
• Retention controls: retaining records only as long as reasonably necessary.

No method of transmission, cloud storage, email communication, or website operation can be guaranteed to be completely secure. If a privacy incident occurs, O'Brien Performance may contain, assess, document, report, and communicate the incident where required by applicable law.

15. Changes to This Privacy Policy

This Privacy Policy may be updated from time to time to reflect operational changes, website changes, legal developments, or changes in the technologies and service providers used by the business.

When this policy is updated, the revised version will be posted on this page and the Last Updated date will be changed. Material changes should be reflected clearly in the updated policy text.

16. Contact

Privacy questions, access requests, correction requests, consent withdrawals, unsubscribe requests, and privacy complaints can be directed to:

This page is intended to describe current privacy practices for O'Brien Performance as of the date shown above.