SportsTrace Privacy Policy

Collection and Use of Personal Information
Personal Information We Collect
Athlete Profile Pages
Data Storage
Disclosures to Third Parties
Children
Web Beacons
Cookies
Hosted Service Partners and Their Privacy Options
Tracking
Messaging and Notifications
Retention of Personal Information
Confidentiality and Security
Compliance with Privacy Laws
Grounds for Processing in the EU/EEA
Your EU/EEA Data Protection Rights
International Transfer of Personal Data
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
California Privacy Rights
Contact Us
Changes

Your privacy is important to SportsTrace and its subsidiaries (“SportsTrace”, “we”, “our”, or “us”), and SportsTrace is committed to the protection of your personal information. Our Privacy Policy exists to help you understand what information SportsTrace collects, how we collect and use it, and what choices you have. To make sure your personal information is secure, we communicate our privacy and security guidelines to SportsTrace employees and strictly enforce privacy safeguards within the company. Please read this Privacy Policy before visiting our websites, accessing our services, or providing any personal information to SportsTrace. If you do not wish to have your information used and disclosed as provided in this Privacy Policy, please refrain from providing your information and/or delete the information you may have submitted in the past. In doing so, please understand that your access to information, services and other benefits may be substantially limited. Further assistance is available via email to [email protected].

If you use SportsTrace’s products or services, further information may also be provided in your contract with us. If you are an employee, worker or contractor of SportsTrace, the information about how we handle your personal information is available in the SportsTrace Handbook. With respect to employees based in Europe, we are committed to cooperating with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship. We do not collect social security or equivalent national tax ID numbers, except for employment purposes. If you are a prospective employee or job applicant of SportsTrace, we will provide you with information about how we handle your personal information for recruitment purposes. This will be provided to you if you commence any of our recruitment initiatives.

1. Collection and Use of Personal Information

Personal information is data relating to a person that can be used to help uniquely identify them, either directly or indirectly. You may be asked to provide personal information when in contact with SportsTrace. If you do not provide us with certain requested personal information we may not be able to provide you with some or all of SportsTrace’s products and services.

If you are a representative of a corporate entity, such as a professional sports club, then SportsTrace may use your personal information to provide and customize our products and services, and send you marketing communications related to our products and services.

For all SportsTrace.com users, we may use your data for purposes such as auditing, data analysis, and research to improve SportsTrace’s products, services, and customer communications. SportsTrace and its partners may share personal information and use it as described in this Privacy Policy. Such information may be combined with other information to provide and improve products, services, content, and advertising. This Privacy Policy does not cover and is not intended to restrict what we do with data that is aggregated and anonymized, so it is no longer associated with a personally identifiable user.

Where you are an individual (i.e., not a representative of a corporate entity) and have consented to us using your personal data for marketing purposes, we may use your information to conduct marketing and data analysis or to send you updates and news concerning SportsTrace and its business partners. If at any time after you have consented to us using your information for marketing purposes you wish us to stop using your information for these purposes, please email us at [email protected].

2. Personal Information We Collect

When you visit our website(s), download or install a software application, create a registered user account, purchase or register a product, complete a survey, or download a software update, we may collect information, including but not limited to: name, mailing address, phone number, email address, athlete profile information (as described in Section 3 below), contact preferences, credit card information and payment history.

We may also collect such information when you contact us in person (for example, at clinics, conferences, workshops, seminars and other events), via telephone, facsimile or email. When you send us an email, that address will be recorded automatically for purposes of replying to your email. If you represent a corporate entity, such as a professional sports club, by providing your email address, you are subscribing to our electronic newsletter and product updates, which may include information about new features and new services. You may unsubscribe from this content by following the steps detailed in the email footer or by contacting [email protected].

We may receive and store certain types of website usage information when you visit our websites. Website usage information helps us determine how visitors arrive, what type of content is most popular and which visitors are interested in particular content and advertising. We may collect the page visited, the time, the source of the request, the type of browser making the request, the preceding page view and other information about your engagement with our site and services. We may also collect your IP address and your Device Identifier. A Device Identifier is a number automatically assigned to the computer, cell phone or tablet used to access the Internet. We may associate your Device Identifier with the personal information you provide.

When you browse our website(s), we may collect information about you, regardless of whether you have created a registered user account. However, if you choose to access our websites anonymously, we may not be able to provide you with particular products or services. We collect and store personal information if you provide any such personal information, register as a user, provide details at an event, complete a survey or supply personal details through any other form of correspondence. SportsTrace uses this information to provide products and services, as well as for billing, identification, authentication, products and services improvement, contact and research purposes. This information may include: date, time, computer identity, crash data, device type and setting, operating system, language, region, log preferences, registration key, license level, license code, license code status, code registration date, last validation date, Ethernet address, IP address, MAC address, licensed software name and version, OS version, and any other information about user actions required to improve, support and maintain our software.

3. Athlete Profile Pages

These pages may contain and therefore collect: name, home and email addresses, phone number, school (name, city and state), graduation year, GPA, ACT/SAT scores, transcripts, parent/guardian information (name, relation, email and phone), age, birth date, photograph, height, weight, jersey number, Twitter handle, Facebook account, Instagram account, sports position, performance scores (40-yard dash, agility shuffle, power ball, vertical jump), speed and strength information, sports awards, sports videos featuring the athlete, and other athlete profile information, as may be updated from time to time. This information can be accessed by the athlete, coaches and team administrators. Verified recruiters may access the profile information of athletes located outside the EU and of those athletes inside the EU that have affirmatively consented to this. The general public may have limited access to athlete profile information based on administrator selected privacy settings. Home and email addresses, phone number, GPA, ACT/SAT scores, transcripts, parent/guardian information (name, relation, email and phone), age, birth date, graduation year and sports awards are not available to the general public by default.

4. Data Storage

SportsTrace uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the SportsTrace website, and such third-party vendors may collect and store your data on behalf of SportsTrace. SportsTrace owns the code, databases and all rights therein. SportsTrace incorporates reasonable safeguards to help protect and secure your personal information. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that SportsTrace cannot ensure or warrant the security of any information you transmit via its websites and/or products, and you do so at your own risk. The websites are general audience websites.

5. Disclosures to Third Parties

There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. We may share your personal information with: our subsidiaries, branches or associated offices, our partners, vendors, licensees, agents, representatives, distributors, independent contractors, legal advisors, our other professional advisors, and/or to any other third party where you have provided your permission.

Any disclosure to third parties will only take place in accordance with the applicable law and for the purposes listed. These scenarios include disclosure: (1) as required to provide products or services you’ve requested; (2) in order to provide partner-sponsored feature enhancements; (3) when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions of Use, or as otherwise required by law; (4) on a temporary or permanent basis for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event (in the event we are acquired by or merge with another company, you will be notified before your information is transferred); (5) to protect the security or integrity of our business, including our databases and systems, and for business continuity reasons; (6) to our legal advisors who may need to manage or litigate a claim; and (7) for any other purpose when we have your permission.

6. Children

We do not knowingly collect personal information from children under age thirteen (13) (or the otherwise applicable age of digital consent in any particular jurisdiction). Children under the applicable age of digital consent are not permitted to use our websites and services, and must request a team adult, parent or guardian provide any personal data in connection with the site and/or services. We will delete any information later determined to have been collected from an underage user. Coaches and Account Administrators may add underage users to a team roster and/or direct invite codes to such users only with express written consent from a parent or legal guardian. SportsTrace is not liable for obtaining such consent on behalf of a team.

7. Web Beacons

Our website contains electronic images (generally, single-pixel .gif images) called “web beacons.” Web beacons allow SportsTrace and third parties to monitor and collect information about the viewer of the web page, web-based document, email message or other communication, such as the type of browser requesting the web beacon, the Device Identifier that the web beacon is sent to, and the time the web beacon was viewed. SportsTrace uses web beacons to count web browsers, visits and page views. It also uses beacons to monitor traffic and conversion patterns, to personalize your experience, including advertising and content, and to determine whether or not messages were opened, links were clicked or notifications/offers were acted upon.

8. Cookies

A “cookie” is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website and stored on your computer’s hard drive. When you access this website, cookies may be sent to your web browser and stored on your computer or mobile device. We use cookies to record information about your online preferences and allow us to tailor our websites to your interests. Information supplied by cookies can help us to understand the profile of our visitors and help us to provide you with a better user experience. It also helps us to recognize when you are signed in to your SportsTrace account and to provide a more personalized experience. Additionally, SportsTrace uses cookies to serve some targeted advertising. To help promote SportsTrace teams and athletes, we sometimes embed content from social media and other third-party websites. These may include YouTube, Twitter, Facebook, SoundCloud, Vine, Instagram, Pinterest and Flickr. As a result, when you visit a page containing such content, you may be presented with cookies from these websites and these third-party cookies may track your use of the SportsTrace website. SportsTrace does not control the dissemination of these cookies and you should check the relevant third party’s website for more information.

9. Hosted Service Partners and Their Privacy Options

Our major network advertising partners include Facebook, Google, Twitter, Instagram, YouTube, LiveRamp, Amobee, and their respective advertising networks. These partners may use cookies, web beacons, and similar technologies to collect information and use that information to provide measurement services and target ads. If you wish to restrict, remove or refuse to accept cookies which are set by any website (including this website), you should do this through the browser settings for each browser you use to access the Internet. The Help function within your browser should tell you how to do so. For further information about how to restrict, remove, and refuse to accept cookies, visit www.aboutcookies.org or www.allaboutcookies.org.

You can opt out of Facebook collection here. You can opt out of Google analytics here, and adjust other Google privacy settings here. Twitter also uses conversion tracking and tailored audience products for advertisements. You can modify your Twitter privacy settings here. You can opt out of LiveRamp here. You can opt out of Amobee here. Our website may also provide hyperlinks to other websites owned and controlled by others. SportsTrace is not responsible for the privacy practices of any website that it does not own or otherwise control, and you should read the privacy policies of websites owned and controlled by others before deciding whether to proceed.

10. Tracking

SportsTrace’s website does not respond to “do not track” settings in browsers.

11. Messaging and Notifications

SportsTrace’s private messaging tools (“SportsTrace Messaging”) are available to SportsTrace subscribers. Messages may be between one sender and one or more recipients. SportsTrace Messaging enables users to have conversations with individual athletes and coaches, custom groups, or the whole team on the same SportsTrace roster. SportsTrace Messaging is intended for use that includes, but is not limited to, sending reminders about practice times, requesting feedback from the team, discussing game strategy, or sharing links to training resources.

When a message is sent, all participants in the conversation (except the sender) receive a notification within SportsTrace Messaging that they have a new unread message.

Once a message is deleted from the sender’s personal account, it is deleted from the recipient(s’) account(s) as well. Neither the recipient nor the sender is then able to see the message. Once the message is deleted, the action cannot be undone. Any information the sender submits through messaging, however, may be passed along by the recipient without the sender’s knowledge. This may occur by forwarding the notification email or text, or capturing and forwarding a screenshot of the message(s) prior to deletion.

SportsTrace supports the privacy and competitiveness of teams by requiring authentication to view the messages and files shared within a specific team. SportsTrace reserves the right, but is not obligated to, disclose any information if, in its sole opinion, SportsTrace suspects or has reason to suspect that the information involves a party who may be the victim of harassment in any form. Information may be disclosed to authorities that SportsTrace, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. Additionally, SportsTrace reserves the right to divulge the contents of a communication to an addressee or intended recipient of such communication. Given this, even if both the sender and recipient(s) deleted their message(s), conversation(s) directed at either party may be provided to the individual at either party’s request.

We may also use aggregated Messaging information for purposes such as auditing, data analysis, and research to improve SportsTrace’s products, services, and customer communications. SportsTrace will not share with any partners any information provided via Messaging, except on aggregate, unless explicitly approved by the team admin.

We reserve the right to access Messaging information when necessary to investigate, prevent, or take action regarding illegal activities, including suspected fraud, harassment, and threats to the safety of any person, as well as violations of our Terms and Conditions of Use, or as otherwise required by law.

12. Retention of Personal Information

Your personal information will be retained for as long as it is necessary to carry out the purposes set out in this Privacy Policy (unless longer retention is required by applicable law). However, we will not retain any of your personal information beyond this period and the retention of your personal information will be subject to periodic review. We may keep an anonymized form of your personal information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

13. Confidentiality and Security

SportsTrace is committed to seeking to safeguard all personal information that you provide to us; seeking to ensure that it remains confidential and secure; and taking all reasonable steps to ensure that personal privacy is respected. All our data is stored in written or electronic form on our servers and computers and in various physical locations. We maintain physical, electronic and procedural safeguards to protect your personal information from misuse, unauthorized access or disclosure, and loss or corruption by computer viruses and other sources of harm. We limit access to personal information to those staff members, joint venture partners, subsidiary companies and third parties who need to know that information for the purposes set out in this Privacy Policy.

14. Compliance with Privacy Laws

SportsTrace complies with the data protection and privacy laws to which it is subject. You should satisfy yourself that you are familiar with those laws, including any exceptions which may apply under them. You should also be aware that privacy laws in various jurisdictions may change from time to time. Except to the extent expressly stated otherwise in this Privacy Policy, SportsTrace accepts no obligations with respect to the handling of personal information other than those mandated by law in the country which has or countries which have jurisdiction over SportsTrace in any given circumstances.

15. Grounds for Processing in the EU/EEA

If you are in the European Union and/or European Economic Area, to process your data lawfully we need to rely on one or more valid legal grounds. The grounds we may rely upon include: (1) your consent to particular processing activities. For example, where you have consented to us using your information for marketing purposes; (2) our legitimate interests as a business (except where your interests or fundamental rights override these). For example, it is within our legitimate interests to use your data to send you our electronic newsletter and product updates if you represent a corporate entity (unless you have unsubscribed); (3) our compliance with a legal obligation to which we are subject. For example, we have a duty to investigate and respond to complaints made against us and may need to process your personal information as part of such investigation; or (4) if you are a customer, or are representing a customer, because processing your personal data is necessary for the performance of a contract.

16. Your EU/EEA Data Protection Rights

Please contact us at [email protected] any time to exercise any of your data protection rights. Data protection law applicable to individuals in the European Union and/or European Economic Area provides individuals with certain rights, including the right to access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of their personal information. Individuals also have the right to lodge a complaint with the relevant information protection authority if they believe that their personal information is not being processed in accordance with the law. Further information about your rights is set out below:

Right to obtain a copy of your personal information. You may have the right to obtain a copy of the personal information we hold about you.

Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal information. If we disagree and believe the information to be accurate and complete, we will advise you and include a notation on the record that you dispute the information’s accuracy. We will respond to your request to correct or supplement your personal information within a reasonable time period and, in any event, within any time period specified in relevant laws.

Right to withdraw consent. You may, as permitted by law, withdraw your consent to the processing of your personal information at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal information is essential.

Right to object to processing. You may, as permitted by law, request that we stop processing your personal information. You also have the right to ask us not to process your personal data for marketing purposes.

Right to erasure. You may request that we erase your personal information and we will comply, unless there is a lawful reason for not doing so.

Your right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your personal information. However, you do have the right to contact the relevant supervisory authority in the relevant country directly. In the UK, this is the Information Commissioner’s Office at https://ico.org.uk.

17. International Transfer of Personal Data

Individuals in the European Union should be aware that SportsTrace may transfer your personal data to a third party in countries outside the EU for further processing in accordance with the purposes set out in this Privacy Policy. In particular, your personal data may be transferred throughout the SportsTrace group and to our outsourced service providers located abroad. In these circumstances, we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means. Please see Section 19 below or contact SportsTrace’s Data Protection Officer (details set out below) for further information about the safeguards which we have put in place to protect your personal data and privacy rights in these circumstances.

18. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

SportsTrace’s U.S. entities comply with both the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, pursuant to the Privacy Shield. SportsTrace is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Frameworks, to the Framework’s applicable Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit U.S. Department of Commerce’s Privacy Shield List.

SportsTrace acknowledges the right of EU and Swiss individuals to access their data pursuant to the Privacy Shield. Individuals wishing to exercise this right may do so by contacting us at [email protected]. Please note certain information may be under the control of a club or team and you may be directed to contact your organization’s account administrator for assistance.

SportsTrace will be responsible for the processing of personal data it receives under the Privacy Shield Frameworks, and will subsequently transfer such data to a third party acting as an agent on its behalf. (Information on third parties is provided in section 5 of this Privacy Policy.) SportsTrace complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, SportsTrace will be subject to the regulatory investigative and enforcement powers of the U.S. Federal Trade Commission. In certain situations, SportsTrace may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-US and Swiss-US Privacy Shield Principles, SportsTrace commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Statement should first contact SportsTrace’s Data Protection Officer at:

Data Protection Officer SportsTrace 2207 201^st Ave SE Sammamish, WA 98075 United States

email: [email protected]

SportsTrace has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus located in the United States. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. The services of BBB EU PRIVACY SHIELD are provided at no cost to you.

Finally, as a last resort and under limited circumstances, EU and Swiss individuals with residual privacy complaints may invoke a binding arbitration option before the Privacy Shield Panel.

19. California Privacy Rights

Cal. Civ. Code § 1798.83 (2006) permits users of our websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: 2207 201^st Ave SE Sammamish, WA 98075 United States.

20. Contact Us

This website is owned and operated by SportsTrace, Inc.

SportsTrace Legal Department 2207 201^st Ave SE Sammamish, WA 98075 United States email: [email protected]

21. Changes

SportsTrace may periodically update this Privacy Policy. The most current version of the Privacy Policy will govern our use of your information and will always be available at https://www.sportstrace.com/sportstrace-privacy-policy. By using the websites and products, you acknowledge your agreement to the terms of this Privacy Policy. We will notify you about material changes in the way we treat personal information by sending a notice to the email address specified in your membership account or by placing a prominent notice on our website.

Updated 20 March 2020