PRIVACY POLICY
EFFECTIVE: July 22, 2024
This Privacy Notice is intended to describe how FloSports, Inc. (“FloSports”) and its affiliates and related companies collect, use, and share Personal Data that you submit to us and that we collect about you in connection with your use of the Services. The term “Services” refers to our live and on-demand coverage of sports, events, and original content (“Content”), as well as other products, features, tools, or services offered from time to time by FloSports through the Platform. The term “Platform” refers to, collectively, the flosports.tv website and other affiliate or related websites (the “Site”), mobile applications, connected TVs, Roku, and other places through which the Content may be accessed, including websites and applications of FloSport’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed Content.
FloSports operates a number of different websites branded in line with the sports we offer, such as FloRacing, FloGrappling, FloWrestling and the like. We also offer Content on a number of sites branded without the “Flo” moniker. These include MileSplit.com, DirtonDirt.com, Trackwrestling.com, https://tv.varsity.com/, and Arena.flowrestling.com. Collectively we will refer to all of these sites as the “Platform,” and this Privacy Policy applies to our entire Platform, with the exception of HockeyTV.com, which is subject to the privacy policy located here.
This Privacy Notice applies to anyone viewing any Content or otherwise using the Services (collectively, “you”), whether you are a subscriber, or other registered user, of the Services, or a visitor who has not subscribed to or registered for the Services. This policy does not cover job applicants. For processing of Personal Data of FloSports job applicants, please click here to review our job applicant privacy policy. Employees and contractors may access the FloSports employee Policy and Notice in the Employee Handbook.
Please also review the FloSports Terms of Service.
DATA WE COLLECT AND WHY WE COLLECT IT
For purposes of this Privacy Notice, “Personal Data” means information reasonably relating to an identified or identifiable natural person. As described further below, we may collect certain Personal Data from or about you in connection with your use of the Services, such as your name, address, telephone number, email address, username and password, and payment data.
You are not required to provide all Personal Data identified in this Privacy Notice in order to view Content or use the Services; however, please note that if you do not provide the Personal Data requested, we may be unable to provide some or all of the Services to you.
We may collect Personal Data as follows:
What PI We Collect | How We Use It | Source of the PI |
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. | Account creation and purchases. We collect Personal Data, such as your name, address, phone number, email address, username and password, and payment data, when you create an account or subscribe to the Services, or when you use or interact with the Platform and Services. Communications with us and submissions to the Site. We collect Personal Data, such as your name, email address, and other contact information, when you communicate with us, including when you email us, submit information through the Site, such as an inquiry to become an advertiser, and when you sign up to receive materials. Events and programs. We may collect Personal Data, such as your name, email address, and other contact information, that you provide when you register for or participate in our events or programs.Online communities and forums. We may collect Personal Data when you engage with our online communities, blogs, chat rooms and forums, including any information you may provide through your interaction with or participation in our social media pages and groups. Please note that online forums and chat rooms may be publicly accessible, and other users may view information you post. We encourage you to exercise care in deciding what information and content you wish to disclose.Varsity TV subscribers and users. If you are a user or subscriber of Varsity TV, we may collect Personal Data consistent with the Terms of this Privacy Notice and our Terms of Use. Job applications. If you apply for employment with FloSports, we collect Personal Data you submit to us in connection with your application. If you apply through a Social Media Network, such as LinkedIn or Indeed, we may collect Personal Data associated with your Social Media Network account, as further described above. | Directly from you, third party sites or platforms that collect payment, analytics tools, social networks, and third party services that update or supplement information about you. |
Characteristics of protected classifications under California or federal law. | Race Color Gender identity, gender expression for the purpose of data filtering for the organization and meet registration;Medical Condition such as injury status for event managementDisability for Milesplit limited to identifying that a participant is in a wheelchair race for example | |
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | N/A | N/A |
Biometric information. | Weight information, body composition information, gender, and DOB in order to calculate safe weight management processes for athletes | From parents, schools, and coaches on behalf of wrestlers |
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. | Cookies and other tracking technologies. When you use the Services or view FloSports advertising outside the Services, we may collect certain Personal Data using cookies and other technologies, such as web beacons, clear GIF, pixels, internet tags device IDs, geolocation from IP addresses and Apps, HTML5 local storage, Flash cookies, and IP addresses (collectively, “tracking technologies”). | Your devices |
Geolocation data. (not precise) *location may be determined by varying degrees from your IP address, WiFi access points, cell towers, and Bluetooth-enabled devices | For analytics | Your devices |
Audio, electronic, visual, thermal, olfactory, or similar information. | N/A | N/A |
Professional or employment-related information. | When we collect resumes submitted during recruitment | You |
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99). | When we collect resumes submitted during recruitment | |
Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | When we conduct analytics on how you use our products. We may collect information from third parties and publicly-available sources. We may obtain certain data about you from third-party sources, such as business partners through which you may access the Services (such as Roku or AppleTV) or data aggregators, as well as publicly-available sources, in order to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services. |
Your devices Third Parties Publicly available information |
Aggregate audience measurement information. For example, we will say a certain audience is x percent females and y percent males. This data is used to customize content and advertising to deliver a better experience for our users. | To customize content and share aggregate information about our users with advertisers, business partners, sponsors and other third parties. | |
Sensitive Data Under CPRA: Geolocation — a consumer’s precise geolocation. Race, religion and union membership — a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership. Communications — the contents of a consumer’s private communications, unless the company is the intended recipient of the communication. Genetics — a consumer’s genetic data. Biometrics — the processing of biometric information for the purpose of uniquely identifying a consumer. Health — personal information collected and analyzed concerning a consumer’s health.Sexual orientation — personal information collected and analyzed concerning a consumer’s sex life or sexual orientation. | Special Categories of Personal Data. We generally do not collect or require special categories of Personal Data (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health information, biometric data, or sexual orientation) in order to access the Content or use the Services. In the event we may need to collect special categories of Personal Data in order to provide a specific service to you, we will obtain your consent as required by law. In certain circumstances, subject to applicable law, we may process or otherwise disclose special categories of Personal Data without your consent, such as to protect the vital interests of you or of another person or to comply with our legal obligations. | |
Social Media handles, user IDs, and/or user name associated with Social Media Account | Social Media Networks. If you choose to sign up, log into, access, or otherwise connect to the Services through a social media or other third-party account (e.g., Facebook) (“Social Media Network”), we may collect Personal Data that you have provided to that Social Media Network, such as your user ID and/or user name associated with that Social Media Network, and any information or content you have permitted the Social Media Network to share with us, as well as information you have made public in connection with your Social Media Network account. If you want to control or limit sharing data from Social Media Networks, you should adjust the privacy settings on your Social Media Network account. If you choose to add your social media handle to your public facing profile |
We may create de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you or through obfuscation or through other means. Our use of de-identified and anonymized data is not subject to this Privacy Notice.
As the term is defined by the CCPA, we “sold” the following categories of personal information in the last 12 months: identifiers/contact information, Internet or other electronic network activity information, and inferences drawn from the above. We “sold” each category to advertising networks, data analytics providers, and social networks.
The business or commercial purposes of “selling” personal information is for third-party companies to perform services on our behalf, such as marketing, advertising, and audience measurement.
We do not “sell” personal information of known minors under 16 years of age.
HOW WE USE DATA WE COLLECT
We use Personal Data for a variety of different purposes as set out in further detail below. In some cases, we may ask for your consent so that we may process your Personal Data. However, in certain circumstances, applicable data protection laws allow us to process Personal Data without needing to obtain consent. Subject to applicable law, the purposes for which we may use and process Personal Data, and the legal basis for such processing include:
- For the performance of a contract. To perform our contractual obligations to you, including to fulfill your request for Services, to contact you in relation to any issues with the Services, where we need to provide your Personal Data to our service providers in relation to the Services, or to take steps in response to information or inquiries you may submit prior to entering into a contract or agreement with us.
- To comply with legal obligations. To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
- Legitimate Interests. To operate and provide the Services, other than in performing our contractual obligations to you, for our “legitimate interests” for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interests may include:
- To provide and improve the Services, including for technical support
- To communicate with you regarding the Services and to address and respond to your requests, inquiries, and complaints
- To protect the confidentiality or security of information
- To develop, provide, and improve the Services and Platform, including to better tailor the features, content, performance, security, and support of our Services and the Platform
- For our direct marketing purposes and to send surveys in connection with the Services
- For fraud, loss, and other crime prevention purposes, to assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties
- To enforce our ≪Terms and Conditions≫, this Privacy Notice, or agreements with you or with third parties
- To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process
- Subject to applicable contractual or legal restrictions, in connection with a contemplated reorganization or an actual reorganization of our organization.
- To protect data subjects’ vital interests. To protect the vital interests of you or of another person.
- Consent. In some cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data.
HOW WE MAY DISCLOSE DATA
We may disclose Personal Data as described in this Privacy Notice, including:
- Affiliates. We may disclose some or all of your Personal Data to our subsidiaries, joint ventures, and other companies under our common control (collectively, “Affiliates”), for the purposes described in this Privacy Notice. Where we share Personal Data with our Affiliates, we will require our Affiliates to honor this Privacy Notice.
- Service Providers and Business Partners. We may disclose Personal Data to business partners, distributors, service providers, marketing partners, and vendors in order to maintain the Platform and provide, improve, and personalize the Services, including to fulfill a request for our Services. We may also share Personal Data for other technical and processing functions, such as sending e-mails on our behalf, fulfilling orders, technical support, or otherwise operating the Services, for analytics, and for marketing and advertising purposes.
- Advertising and Marketing. We may share Personal Data with advertising and marketing partners for advertising and marketing purposes on behalf of FloSports and on behalf of third parties, such as video content providers, including with third parties involved in interest-based advertising. These third parties may use their own cookies or similar technologies to collect or request information in delivering advertising tailored to your interests. For more information regarding interest-based advertising and your choices, see the “Interest-Based Advertising” section of this Privacy Notice.
- Rights Holders. For example, a racetrack, governing body of a sport, or individual team.
- Pursuant to Legal Process. We may also disclose Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or as otherwise pursuant to legal process.
- Protection of Rights and Interests. We may also use and disclose Personal Data to establish or exercise our legal rights, to enforce our ≪Terms and Conditions≫, this Privacy Notice, or agreements with you or third parties, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.
- Business Transactions. Subject to applicable law, we reserve the right to transfer some or all Personal Data in our possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale or transfer of all or a portion of our assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction. If any such transaction occurs, the purchaser will be entitled to use and disclose the Personal Data collected by us in the same manner that we are able to, and the purchaser will assume the rights and obligations regarding Personal Data as described in this Privacy Notice.
USE OF COOKIES AND SIMILAR TECHNOLOGIES
FloSports uses cookies and similar technologies to improve user experience, for performance and analytics, and to improve our Content and Services. We also use cookies and similar technologies for purposes of marketing and advertising. In those jurisdictions that require it, we allow the data subject to give explicit permission or to deny the use of certain categories of cookies.
A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track Personal Data previously entered by a user . Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and similar information.
Cookies, as well as other tracking technologies, such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data. We may also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types, clickstream patterns, dates and times that our Site is accessed, and other categories of data.
We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality to make our websites work properly. You cannot opt-out of those cookies but you can remove these by modifying your browser settings or device settings. Please note that some features of our products may not be available as a result. and
We use some cookies that are used for personalization, performance/analytics, and advertising. We use Google Analytics to evaluate website traffic and usage data to help us improve our products and services. For more information about how Google collects and processes data visit https://policies.google.com/technologies/partner-sites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/, and for Adobe please visit https://www.adobe.com/privacy/opt-out.html.
When you interact with the Services, we may also automatically collect certain data about your device, including information about your web browser, IP address, and time zone, as well as device identifiers or other unique identifiers such as advertising identifiers. We may collect information about your activity on the Services including information about the Content you view, page views, ad data, referral URLs, network state, and identifiers associated with browser cookies, and carrier information.
If you want to block the use and saving of cookies, you should take the necessary steps within your browser’s settings to block all cookies from FloSports and its external serving vendors, or use the cookie control system, if available upon first visit. Please note that if you choose to erase or block your cookies, certain parts of the Services may not function correctly. For instance we may not be able to store your preferences or login information or customize Content and advertising to your viewing habits. For information on how to disable cookies, refer to your browser’s documentation.
INTEREST-BASED ADVERTISING
We may disclose various types of information for purposes of interest-based advertising, including for third-party interest-based advertising. Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or applications. Our advertising practices may also include the use of Personal Data to create de-identified audience segments that can be used for targeted marketing and interest-based advertising on the Site as well as third party services and platforms, mobile apps, and/or websites. Prior to use, the segments are de-identified so that they will not identify You personally.
You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on from where you access the Services, you may also be asked to consent to our use of cookies, including advertising cookies. The opt-outs for interest-based advertising require that strictly necessary cookies are not blocked by the settings in your web browser. We are guided by the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the U.S., the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about how interest-based advertising works. Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from our website will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests.
You may also opt-out of targeted advertising on specific devices using the instructions below:
- Amazon Fire TV: Navigate to ‘Settings’ > ‘Preferences’ > ‘Privacy’ and disable “Interest Based Ads” and select “Reset Advertising ID”
- AppleTV: Navigate to ‘Settings’ > ‘General’ > ‘Privacy’ > ‘Advertising’ and enable “Limit Ad Tracking” and select “Reset advertising Identifier”
- Roku: Navigate to ‘Settings’ > ‘Privacy’ > ‘Advertising’ and enable “Limit Ad Tracking” and select “Reset Advertising Identifier…”
- Samsung TV: Navigate to ‘Settings’ > ‘Support’ > ‘Terms & Policy’ > “Internet Based Advertising” > and deselect “Enable to make the content and advertising on Smart TV more interactive.”
- Vizio TV: Navigate to ‘HDTV Settings app’ > ‘System’ > ‘Reset & Admin’ > Highlight ‘Viewing Data’ > Press right arrow to change the setting to “Off”
Mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device. For example:
- Android Phone/Tablet: Navigate to ‘Settings’ > ‘Privacy’ > ‘Ads’ and enable “Opt out of Ads Personalization” and select “Reset Advertising ID”
- Apple Phone/Tablet: Navigate to ‘Settings’ > ‘Privacy’ > ‘Advertising’ and enable “Limit Ad Tracking” and select “Reset Advertising Identifier.
DO-NOT-TRACK
Do-Not-Track is a public-private initiative that has developed a “flag” or signal that an Internet user may activate in the user’s browser software to notify websites that the user does not wish to be “tracked” by third-parties as defined by the initiative. The online community has not agreed on what actions, if any, should be taken by the websites that receive the “do not track” signal, and therefore Do-Not-Track is not yet standardized. Please note that FloSports does not alter its behavior or use practices when we receive a Do Not Track signal from your browser.
SOCIAL NETWORK WIDGETS
Our Platform may include social network sharing widgets that may provide information to their associated social networks or third parties about your interactions with the Services, even if you do not click on or otherwise interact with the plug-in or widget. Information may be transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, we encourage you to read their privacy disclosures, to learn what information they collect, use, and share.
INFORMATION FROM CHILDREN UNDER 18 YEARS OF AGE
We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:
Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;
Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and
Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.
We do not knowingly collect, store, sell, or share information received from someone under the age of 18 . If you become aware that an individual under 18 years of age has provided us with Personal Data without parental consent, please contact us at [email protected]. If we become aware that an individual under 18 years has provided us with Personal Data without parental consent, we will take steps to remove the data as permitted by law.
LINKS TO OTHER SITES
The Platform may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”). Please note that FloSports has no control over and is not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Notice does not apply to Third-Party Sites. We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact.
DATA SUBJECT RIGHTS
If you are a registered user or subscriber, you can also make changes to your Personal Data by logging into your account and updating your profile.
Data subjects in the European Economic Area and certain other jurisdictions including Nevada and California may have certain rights under applicable data protection laws, including the right to request confirmation from us as to whether or not we are processing your Personal Data. Where we are processing your Personal Data, subject to applicable law, you may have the right to:
- Right to Access You have the right to access PI which we may collect or retain about you. If requested, we shall provide you with a copy of your PI which we collect as permitted by law. You also have the right to receive your PI in a structured and commonly used format so that it can be transferred to another entity (“data portability”).
- Right to Know You have the right to request that we disclose the following about your PI, as defined by law:
- The specific PI we may collect;
- The categories of PI we may collect;
- The categories of sources from which we may collect your PI;
- The business purpose(s) for collecting or sharing your PI;
- The categories of PI we may disclose for business purposes; and
- The categories of third parties to whom we may sell or share your PI.
- Right To OPT-OUT / Do Not Sell/Do Not Share My Personal Information You have the right to “opt out” of the “sale” or “sharing” of your “personal information” to or with “third parties” (as those terms are defined by applicable law).
- Right To Request That We Do Not Collect, Share, or Disclose My Sensitive Personal Information You have the right to limit how your SPI is disclosed or shared with third parties, as defined in the CCPA/CPRA.
- Right To Deletion In certain circumstances, you have the right to request the erasure of your PI. Upon verifying the validity of a deletion request, we will delete your PI from our records, and instruct any service providers or third parties to delete your information, when applicable.
- Right To Correct/Right To Rectification In certain circumstances, you have the right to request correction of any inaccurate PI. Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct your PI as directed, taking into account the nature of the PI and the purposes of maintaining your PI.
- Access and OPT OUT of Automated Decision Making Including Profiling
- Request restriction of processing. You have the right to request that we restrict processing of your Personal Data in certain circumstances, such as where you believe that the Personal Data we hold about you is inaccurate or our processing is unlawful.
- Object to processing. In certain circumstances, you may have the right to opt out of data processing or request that we stop processing your Personal Data, such as a request to stop sending you direct marketing communications. To opt-out of direct marketing communications, please see the instructions in the “Withdrawing Your Consent” section of this Privacy Notice.
- Data portability. In certain circumstances, you may have the right to receive the Personal Data concerning you that you provided to us or to request that we transmit your Personal Data to another data controller.
- Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority.
Please note that the above rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply.
EXERCISING YOUR RIGHTS You can exercise any of your rights as described in this Policy/Notice and under applicable privacy laws by using the contact information provided in this Notice. We will not discriminate against you for exercising such rights. Except as described in this Policy/Notice or provided for under applicable privacy laws, there is no charge to exercise your legal rights.
If you are a Virginia. Colorado, or Connecticut resident, you have a right to appeal a decision not to honor your request.
If you are a Brazilian resident, you have a number of rights set forth in Brazil’s data protection legislation including but not limited to the right to confirm the existence of the processing of your personal data, request access to, change, or remove your personal data, or to change your marketing preferences (including withdrawing your consent at any time). Our Privacy Policy discusses managing your marketing preferences or deleting your account.
To exercise your rights, you may go here or contact us at [email protected]. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request.
WITHDRAWING YOUR CONSENT
In most cases, we need to process certain of your Personal Data in order to fulfill our contractual obligations to you and for our legitimate interests. Where the basis of processing is legitimate interests, you have a right to object to the processing of your Personal Data. Please note that, subject to applicable law, we may continue to process your Personal Data even where you object if there are compelling legitimate grounds for processing that override your interests and rights, or where processing is necessary to establish, exercise, or defend legal claims.
Where consent is the basis of processing, you may at any time withdraw the consent you provided for the processing of your Personal Data for the purposes set forth in this Privacy Notice by contacting us at [email protected], provided that we are not required by applicable law or professional standards to retain such information.
If you would like to stop receiving marketing or promotional messages, notifications, or updates from us, you may do so by following the unsubscribe instructions that appear in these e-mail communications. Alternatively, you may contact us at [email protected] to opt-out of direct marketing. Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices and certain communications related to the provision of the Services.
You can opt out of receiving certain promotional communications (emails or text messaging) at any time by (i) for promotional emails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions provided in text messages to text the word, affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, we may, subject to applicable law, continue to send you non- promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations.
Please note that if you withdraw your consent or object to processing, or if you choose not to provide certain Personal Data, we may be unable to provide you some or all of the Services.
TRANSFER OF DATA
Please note that if you are using the Services from outside of the United States, your information may be transferred to, stored, and/or processed in the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. If you are located outside of the United States, the transfer of Personal Data is necessary to provide you with the requested information and/or Services and/or to perform any requested transaction. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. These steps may include implementing standard contractual clauses where recognized by law, obtaining your consent, or other lawful means of transferring personal information.
By using the Services, you acknowledge and consent to the transfer of your information to our facilities in the United States.
DATA RETENTION
We will generally retain your Personal Data for as long as you maintain an account or subscription, for as long as is necessary to provide and improve the Services, or for a longer period as may be required or permitted by applicable law. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
SECURITY
We implement technical and organizational security measures designed to secure and protect Personal Data. Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.
CALIFORNIA PRIVACY NOTICE
DATA WE COLLECT
We collect these categories of personal information when you interact with us: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. We collect this information so that we can best serve you, including to fulfill your requests and to share offers that we think you may be interested in. A more detailed description of these purposes is under
HOW WE USE THE DATA WE COLLECT
The sources of personal information from whom we collected are: directly from you, third-party sites or platforms that you link with your registration account, analytics tools, social networks, advertising networks, and third-party services that update or supplement information we hold about you.
HOW WE MAY DISCLOSE DATA
We disclosed the following categories of personal information for a business purpose in the last 12 months: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. We disclosed each category to third-party business partners and service providers, third-party sites or platforms such as social networking sites, and other third parties as described in the “Sharing Your Personal Information with Other Entities” section of our Privacy Policy.
As defined by applicable law, we “sold” or “shared” the following categories of personal information in the last 12 months: identifiers/contact information, Internet or other electronic network activity information, and inferences drawn from the above. We “sold” or “shared” each category to or with advertising networks, data analytics providers, and social networks.
The business or commercial purpose of “selling” or “sharing” personal information is to assist us with marketing, advertising, and audience measurement.
We do not “sell” or “share” the personal information of known minors under 16 years of age.
DATA RETENTION
We will generally retain your Personal Data for as long as you maintain an account or subscription, for as long as is necessary to provide and improve the Services, or for a longer period as may be required or permitted by applicable law. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
DATA SUBJECT RIGHTS
Under Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information (as defined by California law) the business shares with third parties for those third parties’ direct marketing purposes, and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. California residents also have the right to request, up to two times each year, access to categories and specific pieces of personal information about them that we collect, use, disclose, and sell. Additionally, California residents have the right to request that we delete personal information that we collect from them, subject to applicable legal exceptions. California residents have the right to “opt out” of the “sale” of “personal information” to “third parties” (as those terms are defined in the CCPA).
To make a request, please email [email protected] or visit here. Before completing your request, we may need to verify your identity. We will send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity.
Instructions for Authorized Agents Making Access and Deletion Requests
You may also use an authorized agent to submit an access or deletion request on your behalf. Authorized agents may submit access and deletion requests here. An authorized agent must have your signed permission to submit a request on your behalf or provide proof that they have power of attorney in accordance with California probate law. Authorized agents that are business entities must be registered with the California Secretary of State to conduct business in California. Before completing requests from authorized agents, we may contact you directly to confirm you’ve given your permission and/or to verify your identity.
Making Requests to “Opt Out” of the “Sale” of “Personal Information”
To submit a request to opt out of the sale of your personal information, you may click this “Do Not Sell/Share My Personal Information” or send an email to [email protected] with the subject line “do not sell info.” You may also use an authorized agent to submit a request to opt out on your behalf if you provide the authorized agent signed written permission to do so. Authorized agents may submit requests to opt out by visiting here. You have the right not to receive discriminatory treatment for the exercise of your privacy rights conferred by the CCPA.
You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.
You may choose whether to receive some Interest-based Advertising by submitting opt- outs. Some of the advertisers and Service Providers that perform advertising-related services for us, and our partners may participate in the Digital Advertising Alliance’s(“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/ and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non- browser-based method of access (e.g., mobile app), your NAI /DAA browser-based opt-out may not, or may no longer, be effective.
We support the ad industry’s 2009 Self- regulatory Principles for Online Behavioral Advertising (https://www.iab.net/media/file/ven-principles-07-01-09.pdf). We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
Other Platforms
You may also opt-out of targeted advertising on specific devices using the instructions below:
Amazon Fire TV: Navigate to ‘Settings’ > ‘Preferences’ > ‘Privacy’ and disable “Interest Based Ads” and select “Reset Advertising ID”
AppleTV: Navigate to ‘Settings’ > ‘General’ > ‘Privacy’ > ‘Advertising’ and enable “Limit Ad Tracking” and select “Reset advertising Identifier”
Roku: Navigate to ‘Settings’ > ‘Privacy’ > ‘Advertising’ and enable “Limit Ad Tracking” and select “Reset Advertising Identifier…”
Xbox One / HTML 5: Navigate to ‘Settings’ > ‘Account > ‘Privacy & Online Safety’ > ‘App privacy’ > ‘General’ and check to ensure that “Enable Advertising Identifier” is disabled.
Xbox 360: Navigate to ‘System’ > ‘Settings’ > ‘Account’ > ‘Privacy and Online Safety’ > ‘App Privacy’ > ‘General’ > deselect “Enable Advertising ID”
Samsung TV: Navigate to ‘Settings’ > ‘Support’ > ‘Terms & Policy’ > “Internet Based Advertising” > and deselect “Enable to make the content and advertising on Smart TV more interactive.”
Vizio TV: Navigate to ‘HDTV Settings app’ > ‘System’ > ‘Reset & Admin’ > Highlight ‘Viewing Data’ > Press right arrow to change the setting to “Off”
Mobile Apps
With respect to mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device. For example:
Android Phone/Tablet: Navigate to ‘Settings’ > ‘Privacy’ > ‘Ads’ and enable “Opt out of Ads Personalization” and select “Reset Advertising ID”
Apple Phone/Tablet: Navigate to ‘Settings’ > ‘Privacy’ > ‘Advertising’ and enable “Limit Ad Tracking” and select “Reset Advertising Identifier…”
Shine the Light Act
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes.
UPDATES TO THIS PRIVACY NOTICE
We may update this Privacy Notice from time to time. The most recent version of the Privacy Notice is reflected by the version date located at the top of this Privacy Notice. We encourage you to review this Privacy Notice often to stay informed of how we may process your information.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below:
301 Congress Ave
Suite 1500 & 1600
Austin, TX 78701
THIRD PARTY USES OF INFORMATION
When you use our website, we share information that we collect from you, such as your email (in hashed form), IP address or information about your browser or operating system, with our identity partners/service providers, including LiveRamp Inc. LiveRamp returns an online identification code that we may store in our first-party cookie for our use in online and cross-channel advertising and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please click here (https://optout.liveramp.com/opt_out).
We use third parties to serve advertisements on our site. In order to do this, we share pseudonymized information, including a hashed version of information that we collect from you directly (such as email or phone number), third party IDs (such as mobile advertising IDs or other IDs assigned by third parties), IP addresses, and/or information about your browser or operating system with these third party providers. Neustar Information Services and its affiliated companies (NIS) may match this pseudonymized information with information in their data repositories and issue another pseudonymous ID, which is changed on a weekly basis, for our use in connection with real-time bidding for digital advertising. NIS and other third parties may also link demographic or interest based information to your browser via Cookies. To opt out of the use of this data by NIS for this purpose, click here: Neustar Privacy Choices or here: Network Advertising Initiative Consumer Choice.