Last updated on January 25, 2023.
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 (the “Terms of Service”) FOR DETAILED INFORMATION ABOUT OUR SERVICES AND YOUR LEGAL OBLIGATIONS. If you choose to access or use the Services, your access and use, and any dispute over privacy is subject to this Privacy Policy (the “Policy”) and our Terms of Service, including, but not limited to, limitations on damages and resolution of disputes.
This Policy is intended to provide information on how we collect, process, and share your personal data (also referred to as personal information), as well as the choices available to you. Personal data is any information that relates to you - an identified or identifiable natural person and includes the information further described in the section “Personal Data We Collect And How We Use It” below. When we use the terms “you” or “your” in this Policy, we are referring to individuals who use our Services in any way. If you are using the Services on behalf of a business, association, or other entity, “you” or “your” will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such business, association, or other entity, and we can rely on this.
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.
Eligibility to Use the Services
To use the Services you must be, and represent and warrant that you are, at least the age of majority in your state, province or jurisdiction of residence and competent to agree to these terms; or if you are under the age of majority in your state, province or jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed this Policy with you and accepts them on your behalf; parents or legal guardians are responsible for the activities of their minor dependents while using the Services.
PERSONAL DATA WE COLLECT
Generally, we collect four (4) types of information about you: (1) information you provide to us directly; (2) information we collect automatically when you use our Services; (3) demographic information; and (4) information we get about you from other sources. When we talk about “Personal Data” in this Policy, we are talking about any information collected in accordance with this section. Please see below for more information on each category.
1. Information You Provide to Us Directly
a. 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.
b. 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. Note that third-party payment processors may retain your payment information in accordance with their own privacy policies and terms.
c. 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 Policy.
d. 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.
e. 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 may not be subject to the privacy protections provided in this Policy. However, as noted in our “Special Note about Children” below, all ratings and reviews submitted through the App are subject to a moderation process, whereby submissions are pre-screened and Personal Data is removed before being made public. Submissions containing Personal Data may not get posted altogether.
f. Email Correspondences. Records and copies of your email messages together with your email address and our responses, if you choose to correspond with us through email.
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.
2. Information We Obtain Automatically When You Use Our Services
a. 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.
b. Activity Information. Details of your visits to our Services, including the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; the time, frequency, and duration of your activities; and other information about your use of and actions on the Services.
c. Equipment Information. Information about your computer and internet connection, including your device or computer operating system, IP address, browser type, and browser language.
d. Location Information. Information about the location of your device, including GPS location, for purposes of enhancing or facilitating the Services. For example, we may use information about the location of the device you are using to help us understand how the Services and functionality are being used and to deliver more relevant advertising. If you do not want to share your location, you can disable location sharing in the settings on your device.
e. Cookies, Pixel Tags/Web Beacons, and Other Technologies. Cookies, pixel tags, web beacons, clear GIFs, javascript, entity tags, HTML5 local storage, resettable device identifiers, or other similar technologies (collectively, the “Technologies”) may be used by us, as well as third parties that provide the content, advertising, or other functionality on the Services to automatically collect information through your use of the Services. Please see the Section titled “Cookies and Other Tracking Technologies” for more information on the technologies we may use for this automatic data collection.
3. Demographic Information. We may collect demographic, statistical, or other aggregate information that is about you, but individually does not identify you. Some of this information may be derived from Personal Data, but it is not Personal Data and cannot be tied back to you. Examples of such aggregate information include gender, age, and race.
4. Information We Get About You From Other Sources. We may receive information about you from other sources and add it to our information, including from third-party services and organizations who have the right to provide us with such information. We protect this information according to the practices described in this Policy, plus any additional restrictions imposed by the source of the data. These sources may include: online and offline data providers, from which we obtain demographic, interest-based, and online advertising related data; publicly-available sources such as open government databases or social networks; and service providers who provide us with information, and updates to that information, based on their relationship with you. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product or service recommendations and special offers that are more likely to interest you.
How We Use Your Personal Data
As further explained below, we may use Personal Data we collect about you in a variety of ways, 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.
1. We Use Your Personal Data to Provide Our Services.
a. Provide, Improve, and Maintain the Services. We use the Personal 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.
b. Leaderboard & App Features. 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, and within certain App features, such as “Head to Head” mode. Currently, there is no mechanism to opt-out of displaying this information. If you don’t want your identity to be revealed, 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.
c. Communicate with You. We may use your Personal Data 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.
d. Fulfill Purpose For Which It Was Provided. We may use your Personal Data to fulfill any other purpose for which you have provided your Personal Data.
2. We Use Your Personal Data to Market and Advertise Our Services And Products.
a. Market the Services. We may use your Personal Data 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.
b. 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.
3. We Use Your Personal Data for Administrative Purposes.
a. 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 Personal Data 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.
b. Comply with the Law. We may use the information we collect to comply with any applicable law and/or regulations.
c. 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 Data. For example, we may use your Personal Data to: operate, maintain, improve, personalize and analyze the Services; monitor and analyze trends, usage and activities for marketing or advertising purposes; and maintaining appropriate records for internal administrative purposes.
HOW WE SHARE OR DISCLOSE YOUR PERSONAL DATA
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:
1. We Disclose Your Personal Data to Provide Our Services.
a. Subsidiaries and Affiliates. We may share your Personal Data with our parent companies, subsidiaries, joint ventures, and affiliated companies for purposes of management and analysis, decision-making, and other business purposes, consistent with this Policy.
b. Service Providers. We may share your Personal Data with our third-party service providers, contractors, and any other similar third parties that help us provide our Services. This may include: 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; and analytics and measurement partners to help us improve the Services. Some of our aspects of our Services utilize framing techniques to serve content to you from our third-party providers, while preserving the look and feel of the Services. In such cases, please note that the information you provide is being provided to the third party. Service providers are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them.
c. Advertising/Marketing Service Providers. We may share your Personal Data with social media and ad partners to place our ads, manage our web advertising campaigns, administer promotions, and provide promotional prizes.
d. Consent to Fulfill the Purpose that Personal Data was Provided. We may share your Personal Data to fulfill the purpose for which you provide that information, with your consent, or for any other purpose disclosed by us when you provide the information. This may include to other users (i) via the leaderboard or on “Head to Head” mode (as described above) or (ii) if you voluntarily decide to share your activity data, reports (for example, with your coach), or a review or testimonial on our Services.
e. To Facilitate the Pairing of Wearable Devices. We may share your Personal Data with third party software development kits (“SDKS”), such as the Apple HealthKit, to facilitate pairing to wearable devices using these SDKs.
2. We May Disclose Your Personal Data in the Event of a Merger, Sale or Other Asset Transfers. If we become involved in a merger, acquisition, financing due diligence, divestiture, restructuring, reorganization, bankruptcy, dissolution, sale, or transfer of some or all of our assets (whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding), or transition of Services to another provider, your Personal Data may be sold or transferred to business entities or people involved in such process.
3. We Disclose Your Personal Data to Protect Us or Others.
a. When Required by Law. We also may share your Personal Data as required to comply with any court order, law or legal process, including to respond to any government or regulatory request.
b. To Protect Lawful Interests. We may share your Personal Data if we believe disclosure will help us protect the rights, property, or safety of DribbleUp, our users, partners, agents, and others. This may include exchanging information with other companies and organizations for fraud protection, and spam and malware prevention, or to investigate potential illegal activities or violations of our Terms of Service.
c. To Enforce Our Rights. We may share your Personal Data to enforce or apply this Policy, our Terms of Service, and other agreements.
YOUR PRIVACY CHOICES AND RIGHTS
You have certain choices and rights with respect to your privacy. For example, you may be able to opt out of receiving marketing messages from us, make choices regarding cookies, and exercise other privacy rights under applicable law.
1. Accessing and Correcting Your Personal Data. In accordance with applicable law, you may have certain legal rights regarding your Personal Data, including:
a. Access Personal Data. You may request access to your Personal Data, including: (i) confirming whether we are processing your Personal Data; (ii) obtaining access to or a copy of your Personal Data; and (iii) receiving an electronic copy of Personal Data that you have provided to us, or asking us to send that information to another company (the "right of data portability"). For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without undue hindrance.
b. Request Correction of Personal Data. You may request correction of your Personal Data that is inaccurate, incomplete or improperly possessed.
c. Request Deletion of Personal Data. You may request that we delete your Personal Data held by us about 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. We may not delete all of your Personal Data in a limited number of circumstances, including (i) to complete a transaction for which the Personal Data was collected, provide a good or services requested by you, or perform a contract we have with you, (ii) to detect data security incidents; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action, or (iii) to protect against fraud, harassment, malicious or deceptive activities, or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law; or to assist another party with any of its obligations under applicable privacy laws. Please note: we cannot delete your Personal Data except by also deleting your App account, if applicable. In the event your App account is deleted, all progress in the App will deleted. Additionally, our ability to handle customer service requests, including returns or refunds may be limited, since we may not have the ability to look up prior orders or account information.
d. Opt-out. You may request to opt-out of the sharing of your Personal Data for the purpose(s) of: (i) targeted advertising; or (ii) profiling to make decisions that have legal or other significant effects on you. You can opt-out by clicking on the “Your Privacy Choices” link.
If you would like to exercise any of these rights, you may contact us at hello@dribbleup.com to request access to, correction of or removal of any Personal Data that you have provided to us. We will process such requests in accordance with applicable law.
The following are additional Consumer Privacy Rights:
a. Non-Discrimination. Certain residents have the right not to receive discriminatory treatment by covered businesses for the exercise of their rights conferred by the applicable privacy law.
b. Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent.
c. Verification. To protect your privacy, we may take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.
2. Your Right to Appeal. If you are unsatisfied with our refusal to take action in accordance with the exercise of your rights in the “Accessing and Correcting Your Personal Data” section above, you may request reconsideration by DribbleUp, by sending a written request for reconsideration to the mailing address found in the “Contact Us” section below. Within sixty (60) days of DribbleUp’s receipt of such written request for reconsideration, DribbleUp shall inform you in writing (at the address indicated in your initial written request) of any action taken or not taken in response to your request for reconsideration, including a written explanation of the reasons for the decision. In addition, if your request for reconsideration is denied, you have the right to appeal to the Attorney General in your state of residence if you are in the United States.
3. Complaints to Data Protection Authority. You have the right to lodge a complaint to a data protection authority regarding our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local applicable data protection authority in the EEA.
4. Mechanisms to Control Your Personal Data.
a. Cookies and Other Tracking Technologies. Please see the Section titled “Mechanisms to Control Cookies and Other Technologies” for a discussion on mechanisms you may use to control cookies and other tracking technologies.
b. Communications from DribbleUp. If you do not wish to have your contact information used by DribbleUp to promote our own or third-party products or services, you can opt-out by: (i) following the opt-out instructions at the bottom or top of the promotional emails we send you; (ii) sending us an email stating your request; or (iii) replying “STOP” to text messages. Please note that we may also send you non-promotional communications, however you will not be able to opt-out of these communications (e.g., transactional communications, including emails about your account or purchases; communications regarding our Services; and communications about updates to this Policy and the Terms of Service).
c. “Do Not Track”. "Do Not Track" (“DNT”) is a privacy preference you can set in certain web browsers. When you turn on this preference, it sends a signal or message to the websites you visit indicating that you do not wish to be tracked. Please note that we currently do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers, except for Global Privacy Controls as required by applicable law.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
5. Automatic Decision-Making. We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
STATE-SPECIFIC PRIVACY RIGHTS
1. California Privacy Rights. The California Consumer Privacy Act of 2018 (CCPA) and California Privacy Rights Act of 2020 (CPRA)) (together "California Privacy Law") requires covered businesses to provide residents of California, additional information regarding how they collect, use, and share your "personal information" (as defined in California Privacy Law). This additional information and your additional rights can be found under the California Privacy Notice.
2. Nevada Privacy Rights. For Nevada residents, please note that we do not sell personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6). Even if your personal information is not currently being sold, you can opt-out of future sales of personal information by clicking on the “Your Privacy Choices” link.
3. Virginia, Colorado, Connecticut and Utah Privacy Rights. Residents in certain other states have or will have similar or the same consumer privacy rights set forth in this Policy, including under the Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA) (effective July 1, 2023) and Utah Consumer Privacy Act (UCPA) (effective Jan. 1, 2024). The following additional information is required to be provided by covered businesses under applicable state laws.
a. Sharing of Personal Data under VCDPA, CPA, CTPDA and UCPA. The VCDPA, CPA, CTPDA and UCPA require covered businesses to provide residents of their respective states with the right to know the categories of personal data covered businesses shared with third parties and the categories of third parties with whom such personal data has been shared. Residents of Virginia, Colorado, Connecticut and Utah can find this information below:
b. “Sales” or Sharing for Targeted Advertising under VCDPA, CPA, CTPDA and UCPA. Residents of Virginia, Colorado, Connecticut and Utah have the right to opt-out of the “sale” of their personal data to third parties or the processing of their personal data for targeted advertising. For purposes of this paragraph the definition of “sale” has the meaning set forth in applicable privacy law. If a consumer wishes to exercise their right to opt-out of the sale of personal data or processing of personal data for targeted advertising, they may do so by following this “Your Privacy Choices” link. The categories of personal data “sold” or processed for targeted advertising can be found below:
Cookies and Other Tracking Technologies
1. Description of the Technologies. We as well as third parties that provide the content, advertising, or other functionality on the Services may use Technologies to automatically collect information through your use of the Services. The following describes some of these Technologies we may use for this automatic data collection:
a. Cookies. A cookie is a small data file stored on the hard drive of your computer either for (i) the duration of your visit on a website ("session cookies") or (ii) for a fixed period ("persistent cookies"). Cookies contain information that can later be read by a web server. We may use cookies to provide you with a more personal and interactive experience on the Services. Please see our Cookie Statement for additional information.
b. Web Beacons. Web beacons are small files that are embedded in webpages, applications, and emails (also known as "clear gifs", "pixel tags", "web bugs", and "single-pixel gifs") that collect information about engagement on our Services. For example, web beacons allow us to track who has visited those webpages or opened an email, to test the effectiveness of our marketing, and for other related website statistics.
c. JavaScripts. JavaScripts are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components.
d. Entity Tags. Entity Tags are HTTP code mechanisms that allow portions of websites to be stored or "cached" within your browser and validates these caches when the website is opened, accelerating website performance since the web server does not need to send a full response if the content has not changed.
e. HTML5 Local Storage. HTML5 local storage allows data from websites to be stored or "cached" within your browser to store and retrieve data in HTML5 pages when the website is revisited.
f. Resettable Device Identifiers. Resettable device identifiers (also known as "advertising identifiers") are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" or "IDFA" on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain streaming media devices. Like cookies, resettable device identifiers are used to make online advertising more relevant.
2. Our Uses of the Technologies. We may also use these technologies for security purposes, to facilitate navigation, to display information more effectively, and to better serve you with more tailored information, as well as for site administration purposes, e.g., to gather statistical information about the usage of our websites in order to continually improve the design and functionality, to understand how users use our websites, and to assist us with resolving questions regarding use of the websites.
3. Mechanisms to Control Cookies and Other Technologies. You may be able to set your browser to reject cookies and certain other technologies by adjusting the appropriate settings in your browser. Each browser is different, but many common browsers have preferences that may be adjusted to allow you to either accept or reject cookies and certain other technologies before they are set or installed, or allow you to remove or reject the use or installation of certain technologies altogether. We recommend that you refer to the “Help” menu in your browser to learn how to modify your browser settings. Please note that you cannot remove Flash cookies simply by changing your browser settings. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of the Services may become inaccessible or may not function properly.
· 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.
4. Third Party Technologies. This Policy covers the use of cookies by DribbleUp and does not cover the use of tracking technologies by any third parties. The Services may contain links, content, advertising, or references to other websites or applications run by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies or other tracking technologies to collect information about you when you interact with their content on the Services, such as member recruitment vendors to using Web beacons and cookies on our registration pages for payment verification. The information they collect may be associated with your Personal Data or they may collect information about your online activities over time and across different websites. Please be aware that we do not control these third parties' tracking technologies or when and how they may be used. Therefore, DribbleUp does not claim nor accept responsibility for any privacy policies, practices, or procedures of any such third party. We encourage you to read the privacy statements and terms and conditions of linked or referenced websites you enter. If you have any questions about an ad or other targeted content, you should contact the responsible provider directly.
HOW WE PROTECT YOUR PERSONAL DATA
We maintain reasonable administrative, technical, and organizational safeguards for the Services reasonably designed to reduce the risk of 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.
The safety and security of your information is also dependent on you. If we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
While we have employed security technologies and procedures to assist safeguarding your Personal Information, no system, network, website or app, including the Services, can guarantee 100% security, and we cannot ensure or warrant the security of any information you provide to us. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
PERSONAL DATA RETENTION PERIOD
We store your Personal Data for as long as reasonably required to provide the Services to you and to adhere to our policies on keeping records (unless a longer period is needed by law). 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
We collect the following information from a Child when they use our App: (1) persistent identifiers, such as cookies, IP address, and device ID; (2) 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; (3) a username (which can be set up as anonymous or otherwise non-identifying) and training activity, which are automatically posted within the App, such as on the public DribbleUp leaderboard on the App and when utilizing certain features; (4) ratings and reviews, which may be used on our website and in various other media and for other purposes consistent with our Terms of Use; and (5) height and weight to determine calories. We use and share the above information collected on our App only for internal operations and to provide and enhance our Services.
All ratings and reviews are subject to a moderation process, whereby submissions are pre-screened and personal information is removed before being made public. Submissions containing personal information may not get posted altogether.
Parents may review, delete, or refuse to permit further collection or use of the Child’s Personal Data 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
You acknowledge and agree that the Personal Data we collect through the Services may be transferred outside of your current location to the offices and servers of DribbleUp or its third parties (mentioned above) located in the United States or other countries, which may have data protection laws that are different from the laws where you live. As required by law, we rely on adequacy decisions, appropriate safeguards, or derogations (where applicable) 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 Policy and the Privacy Shield Principles, the terms providing the most protection to the relevant Personal Data 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 or applications that are not run by us but by third parties 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 such third-party services, website or application, and they may have privacy policies that differ from our own. We do not endorse, screen or approve, and are not responsible for the information collection, use, and disclosure practices of such third-party services, websites or applications. 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 websites, services or applications, any products or services that may be offered through them, or any other use of the websites, services or applications. Providing Personal Data to third-party websites or applications is at your own risk.
CHANGES TO OUR PRIVACY POLICY
We reserve the right to update this Policy from time to time in order to reflect, changes to our practices or for other operational, legal, or regulatory reasons. If we modify this Privacy Policy, we will post the updated version on our website and App. We may elect to notify you of material changes by mail, email, posting of modified Policy, or some other similar manner. However, it is your responsibility to check our website or App regularly for changes to this Policy. Your continued use of or access to the Services after such changes have been posted constitutes acceptance of those changes.
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