Privacy Policy

Last updated on July 11, 2022.

This Privacy Policy includes the following sections.

INTRODUCTION

DribbleUp, Inc. (hereinafter, “DribbleUp,” “we,” “us,” or “our”) designs and sells smart soccer balls, smart basketballs, smart medicine balls, and other smart products and related accessories (“Smart Products”), an IoS and Android application used for virtual sports and fitness training (the “App”), and related subscriptions, software, and websites (collectively with the Smart Products and the App, the “Services”).    PLEASE READ OUR TERMS OF SERVICE FOR DETAILED INFORMATION ABOUT OUR SERVICES AND YOUR LEGAL OBLIGATIONS.  

This Privacy Policy (the “Policy”) is intended to provide information on how we collect, process, and share your personal data (also referred to as personal information). Personal data is any information that relates to you - an identified or identifiable natural person.  When we use the terms “you” or “your” in this Policy, we are referring to individuals who use our Services in any way.

A SPECIAL NOTE ABOUT CHILDREN – We market and sell our products to adults 18 years of age and older who purchase or otherwise use our Services. DribbleUp also allows use of the App by children under 13 ("Child" or "Children"), but only with the consent and supervision of the Child’s parent or guardian after the parent or guardian has set up an App account and provided verifiable parental consent. We respect all of our users’ privacy, but we recognize the need to provide additional privacy protections with respect to the personal information we collect from children under 13 pursuant to the United States’ Children’s Online Privacy Protection Act of 1998 (“COPPA”). Accordingly, our privacy practices with respect to children under 13 are set forth below in our Special Note about Children.

  • A special note to Children: If you are under 13, please get a parent or legal guardian to sign you up for our App.

  • A special note to Parents: Please help us protect your Children’s privacy by instructing them never to share their personal information online without your permission. Children cannot register for our App on their own.


Residents of California should be aware that California law affords them certain rights regarding their Personal Information. Residents of California should review the California Privacy Notice that supplements and forms a part of this Privacy Policy. The California Privacy Notice is available at, https://dribbleup.com/about/legal/caprivacynotice.

After reading this Policy, if you have additional questions or would like further information, please contact us at hello@dribbleup.com.

PERSONAL DATA WE COLLECT AND HOW WE USE IT

As further explained below, we collect and process your personal data only for lawful reasons, such as when the processing is necessary to perform a contract with you, like the Terms of Service, and our legitimate business interests, such as improving, personalizing, and developing the Services, marketing products and services that may be of interest, and promoting safety and security.

Information You Provide to Us

Account Data: If you set up a DribbleUp account through our Services, you are required to provide your name, email, username, password, and date of birth.   You also have the option to provide your phone number, and height and weight information to determine calories burned while engaging in training activity.

Purchasing/Payment Information: If you purchase Smart Products or make other payments through our Services, you provide your name, shipping address, email address, credit or debit card information, billing address and phone number. We do not store your payment information, but DribbleUp is able to access and view the last four digits of your credit card, credit card type, billing zip code, and credit card expiration date. Note that third-party payment processors may retain your payment information in accordance with their own privacy policies and terms.

Training and Performance Data:  When you use your Smart Product with our Services, we collect your activity data and other training metrics.  The video images of you displayed during your training activities, while using the App, are not transmitted to or processed remotely by DribbleUp.  These video images are processed locally on your device during the activity only.

Surveys and Reviews. From time to time, we may contact you to participate in research, surveys or beta testing or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, such as, but not limited to, name, email address, nickname, pictures, product testimonials and/or feedback. All information collected from your participation in our research, surveys, reviews or testimonial process, or beta testing is provided by you voluntarily. We may use such information to improve our products, our Services, and in any manner consistent with this Privacy Policy.

Posting on the DribbleUp or Third Party Services. DribbleUp may offer publicly accessible blogs, social media pages, product review pages, private messages, or community forums. You should be aware that, when you disclose information about yourself on DribbleUp’s blogs, social media pages, product review pages, private messages, and community forums, DribbleUp will collect the information you provide in such submissions, including any personal data, such as, but not limited to, name, email address, nickname, pictures, product testimonials and/or feedback. If you choose to submit content, including reviews, to any public area of the Services or on any public sites operated by third parties, such content will be considered “public” and will not be subject to the privacy protections provided in this Privacy Policy.

Other Data: You may provide us information through our live chat portal on our website, when you register for or enter events and promotions, or when you email or otherwise communicate with us.  The information you provide may include your name, email, address, phone number, birth date, the subject matter of your inquiry, and any other information you choose to provide.

Please do not provide any highly sensitive personal data when using the Services - such as social security numbers, health or medical information, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning a person's sex life or sexual orientation. We do not intentionally process highly sensitive personal data and reserve the right to delete it from the Services.

 ➔   How We Use Data Provided By You:

 ◆   Provide, Improve, and Maintain the Services: We use the data you provide to set up your account, provide the Services, track your activities and training, communicate with you about your account and activity, and understand how our Services are being used and how they can be optimized.   

◆   Leaderboard:  Please note that when you sign up for an account and use our App to track your activities and training, your username and activity data will be automatically displayed on our leaderboard, which is publicly viewable by anyone who accesses the App. Currently, there is no mechanism to opt-out of displaying this information on the DribbleUp leaderboard. If you don’t want your identity to be revealed on the leaderboard, be sure to use a non-identifiable, generic, or anonymous username. Avoid using your real name or any personal information. To change your username, contact us at hello@dribbleup.com

◆  Communicate with You: We may use your contact information for administrative matters (such as account management, updates to terms, or system maintenance), to provide you with information about our Services (such as product delivery, or setup instructions), and to respond to any questions, comments or requests you have about our Services. You may opt-out of these communications at any time by contacting us at hello@dribbleup.com or clicking the “Unsubscribe” button or typing “Stop” in the applicable communication.

◆   Market the Services: We may use your contact information to promote our Services and send you information about offers, products and/or Services that might be of interest to you, as permitted by applicable law.  You may opt-out of these communications at any time by contacting us at hello@dribbleup.com or clicking the “Unsubscribe” button or typing “Stop” in the applicable communication. We may also use the data you provide to administer sweepstakes, events, or other promotional activities.

◆  Push Notifications: If you opt-in on your device, DribbleUp may occasionally send you push notifications through our App with reminders, special classes, and new content. You may at any time opt-out from receiving these types of communications by changing the setting on your device.

◆  Protect You and the Services: We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use your information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our Terms of Service or other policies.

◆  Comply with the Law: We may use the information we collect to comply with any applicable law and/or regulations.

◆  Lawful Business Purpose: We may use the information we collect for any incidental business purpose related to or in connection with any of the above, or for any other purpose disclosed to you at the point at which we collect your personal information.

Cookies and Information We Collect Automatically

Cookies are small data files stored on your browser or device. We and certain third parties may set cookies and similar tracking technologies when you visit our website and App. The information stored by cookies and other automated means is generally about your device and how you use the website, such as search history, IP address, browser used, operating system and settings, access times, the pages or features of the website that you browsed (e.g., items you place in your shopping cart), the links that you click on or use, the frequency with which you use the Site, referring URL, and other statistics. We collect this information in server logs and by using cookies and similar tracking technologies. If you are using a mobile device, we may also collect data that identifies your device, settings, and frequency of usage.

➔   How We Use Data That Is Collected Automatically:

DribbleUp and its service providers use the automatically collected data described above to provide and improve the Services, including to keep track of your preferences and profile information, customize services and content, measure promotional effectiveness, place our advertisements, estimate your general location and time zone, and to secure your accounts. If you have provided us with personal information on our website, e.g., through a registration or a request for certain materials, we may associate that personal information with information gathered through cookies and similar technologies. This allows us to offer increased personalization and functionality, such as sending abandoned cart messages and maintaining your shopping cart between visits to our website.

Automatically collected data from our website may also be shared with our third-party analytics and advertising partners to market the Services.

You have options to control or limit how we or our partners use cookies and similar technologies. 

●      For more information about cookies generally, please see www.allaboutcookies.org/cookies

●      For information on how to manage your cookies on our website, please see https://dribbleup.com/about/legal/cookies.

●      If you wish to opt-out of interest-based advertising, click here (or if located in the European Union, click here). Please note, you will continue to receive generic ads.

HOW WE SHARE YOUR INFORMATION

We do not sell, rent, or lease your personal data to third parties.  We only share your personal data with the following types of third parties for the sole purpose of providing, improving, marketing, and securing the Services:

●      IT service providers to store and secure your personal data

●      Email and communications processors so we can communicate with you about the Services

●      Payment processors to collect your fees and process payments

●      Analytics and measurement partners to help us improve the Services

●      Service providers, social media, and ad partners to place our ads, manage our web advertising campaigns, administer promotions, and provide promotional prizes

●      Other users (a) via the leaderboard (as described above) or (b) if you voluntarily decide to share your activity data, reports (for example, with your coach), or a review or testimonial on our Services.

●      Third party software development kits (“SDKS”), such as the Apple HealthKit, to facilitate pairing to wearable devices using these SDKs.

We also may share your information as required by law, to investigate potential illegal activities or violations of our Terms of Service, to protect the security of our Services and users, or as a result of a merger, acquisition, or assignment with a third party.

We do not share information collected on the App with third parties except for our internal operations and to provide the Services.

CONTROLLING YOUR ACCOUNT AND YOUR RIGHTS

To submit a question or concern about how to control, modify, or delete your account or data, contact us at hello@dribbleup.com.  Depending on your location, you may have certain legal rights regarding your personal data, including:

●      You may request access to your personal data and obtain information about our processing of your personal data, with whom we share your personal data, and your rights.

●      You may request that we restrict our processing of your personal data.

●      You may object to our processing of your personal data.

●      Where we process personal data based on your consent, you may withdraw your consent.

●      You may correct personal data that is inaccurate or incomplete.

●      You may request that we delete your personal data or provide a copy of it to you. 

We may request proof of your identity before acting upon any request.  To submit a question or concern about your rights, please contact us at hello@dribbleup.com.  If you live in the EEA, UK, or Switzerland, and you are unsatisfied with our response, you have the right to lodge a complaint regarding your personal data with an applicable supervisory authority. If you are a resident of California, additional information about your rights can be found under the California Privacy Notice.

HOW WE PROTECT AND STORE YOUR INFORMATION

We maintain reasonable administrative, technical, and organizational safeguards for the Services designed to protect against loss, misuse, or unauthorized access, disclosure, alteration, or destruction of the personal data that we collect from you.  We restrict access to personal data collected about you on the Services to our employees and third parties discussed above in this Policy. Please note, however, that no website or app, including the Services, can guarantee 100% security.  

We store your personal data for as long as reasonably required to provide the Services to you. We may retain certain personal data after you delete your account to the extent necessary to comply with our legal and regulatory obligations, for the purpose of fraud monitoring, detection and prevention, and for our tax, accounting, and financial reporting obligations. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. 

A SPECIAL NOTE ABOUT CHILDREN

Except as otherwise noted below, use of our Services is generally limited to adults 18 years of age and older who purchase Smart Products or an App subscription. DribbleUp also allows use of the App by children under 13 ("Child" or "Children"), but only with the consent and supervision of the Child’s parent or guardian after the parent or guardian has set up an App account and provided verifiable parental consent.

We collect the following information from a Child when they use our App: (a) persistent identifiers, such as cookies, IP address, and device ID; (b) online contact information for push notifications, but only after the user of the App opts in to push notifications, which are sent for reminders, special classes, and new content; (c) a username (which can be set up as anonymous or otherwise non-identifying) and training activity, which are automatically posted to the public DribbleUp leaderboard on the App, and (d) height and weight to determine calories burned while engaging in training activity. We use and share the above information collected on our App only for internal operations and to provide the Services.

Parents may review, delete, or refuse to permit further collection or use of the Child's personal information by emailing directnotice@dribbleup.com. Upon receipt of such a request, the corresponding account may be removed and you and your Child may no longer be able to access the App.

INTERNATIONAL TRANSFERS

The personal data we collect within your country may be transferred outside of your country to DribbleUp or its third parties (mentioned above) for the purposes described in this Privacy Policy.  As required by law, we rely on adequacy decisions, appropriate safeguards, or derogations when we transfer personal data across international borders.

If you are located in the EEA, UK, or Switzerland, you may request information about how we transfer your personal data across borders by contacting us at hello@dribbleup.com.

PRIVACY SHIELD

Although DribbleUp is aware that the Court of Justice of the European Union has invalidated the EU-U.S. Privacy Shield Framework adequacy decision, we remain committed to subjecting all personal data transferred to the United States from the EU, UK, and Switzerland to the applicable Principles of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, the “Privacy Shield Principles”), and we comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.  If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Principles, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov.

 The U.S. Federal Trade Commission has jurisdiction over our compliance with the Privacy Shield Principles.  In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including in order to meet national security or law enforcement requirements.

 EU, UK, and Swiss individuals with inquiries or complaints should first contact us at hello@dribbleup.com. If you have any unresolved concerns regarding any personal data that is subject to the Privacy Shield Principles that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim. Under certain circumstances, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

LINKS TO OTHER WEBSITES

We may provide links to other websites as a service to you or in order to provide you additional venues in which you can leverage or share the opportunities of the Services. Please be aware that we do not control and are not responsible for the information collection, use, and disclosure practices of such sites.  Please review and understand their privacy practices and policies, if any, before providing any personal data to them or using any of their services. We are not responsible for the content or information of these third-party sites, any products or services that may be offered through them, or any other use of the sites.

CHANGES TO OUR PRIVACY POLICY

If we modify this Privacy Policy, we will post the updated version on our website and App. It is your responsibility to periodically review this Policy, and you are bound by any changes to it by using our Services after such changes have been posted.

CONTACT US

If you have any questions, comments, or concerns regarding this Policy or our practices please feel free to write to us at:

DribbleUp, Inc.

130 New Hyde Park Road

Unit DU

Franklin Square NY 11010

hello@dribbleup.com