Last Updated: August 15, 2019
At SPORTABLE, Inc. and our affiliates ("SPORTABLE"), we respect your privacy and are committed to maintaining your trust.
- our consumer-facing mobile application ("SPORTABLE App"),
- our online business management software ("Software Service"),
- our social media pages,
Collectively the "SPORTABLE Services".
1. Defined Terms.
"End User" means any individual who interacts with the SPORTABLE Services, including users of our mobile applications such as the SPORTABLE App, purchase services and otherwise interact with our Subscribers through the SPORTABLE Services.
"Other Information" is any information that does not reveal your specific identity or does not directly relate to an individual, such as SPORTABLE App usage data.
"Personal Information" is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs.
"Subscriber" is any business or entity that subscribes to (or otherwise accesses or uses) our Software Service.
2. Categories of Personal Information.
Personal Information we collect or obtain includes:
- Contact details (e.g., name, address, email, telephone number, which may include third party emergency contact information),
- Personal details (e.g., date of birth, education, nationality),
- Financial and transaction data (e.g., purchase history, account information, shipping and billing information, etc.),
- Other SPORTABLE Services related data (e.g., customer requests, statistics, etc.), and
- Location data with your permission (e.g. geolocation data sent via a mobile device).
3. How We Collect Information
Through the SPORTABLE Services
We collect information about you whenever you use the SPORTABLE Services, for example:
- If you are a SPORTABLE App user, when you create an account on the SPORTABLE App, we may ask for Personal Information such as your name, email and postal address, social media account ID, and Other Information you may provide with your account.
- If you are a Subscriber, when you sign up for our Software Service, we may ask for your name, address, phone number, email, credit card information, tax identification number, and other information about you. We may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices.
- We collect information about you when you interact with the SPORTABLE Services. For example, if you initiate a transaction through the SPORTABLE Services, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the transaction. This information may be shared with third parties for the same purposes. We encrypt credit card numbers using industry standard technology. We may also collect other Personal Information at the request of the Subscriber you are transacting with or through. We may also store information that your computer or mobile device provides to us in connection with your use of the SPORTABLE Services, such as IP address, operating system, device ID, and device type.
- We may collect information about third parties, including your emergency contacts, and only use this information for the reason it was provided.
We and third party service providers on our behalf collect information about your location when you use or access SPORTABLE Services. The degree of precision of the location data varies depending on the source of such information. Those sources include:
- Data from your device through settings you activate:
- Other location sources:
We collect and use this location-related data in order to
You may disable the collection and use of your location data through your browser-, operating system- or device-level settings. Consent concerning location data may be withdrawn at any time by changing these settings.
- Provide you with services you have purchased or requested
- Deliver content that is relevant to you based upon your location
- Deliver marketing or ad content that is relevant to you based on your location
- Protect against abuse or misuse of services or of your account
- Improve our site and services
From other sources
- In addition to the information we collect from you through SPORTABLE Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your SPORTABLE App account, certain information from your social media account may be shared with us, including information that's part of your profile or your friends' profiles. We may also collect other Personal Information through the SPORTABLE Services under the direction of our Subscribers.
In addition to the information we collect from you through SPORTABLE Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your SPORTABLE App account, certain information from your social media account may be shared with us, including information that's part of your profile or your friends' profiles. We may also collect other Personal Information through the SPORTABLE Services under the direction of our Subscribers.
4. How Personal Information May Be Used.
We may use your Personal Information for legitimate business purposes, including:
To provide the functionality of SPORTABLE Services and related support.
We will engage in these activities to manage our contractual relationship with you, with your consent, and/or to comply with a legal obligation.
- To create, and administer accounts, fulfill and record transactions, and provide you with related assistance (e.g., technical help, answer inquiries relating to Personal Information, etc.).
- To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.
To provide you with marketing and promotional materials and opportunities, and facilitate social sharing.
We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest.
- To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters or other direct communications.
- To share information with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.
- To allow you to participate in sweepstakes, contests or similar promotions.
- To facilitate social sharing functionality if you choose to do so.
For reporting and trending.
We will engage in this activity because we have a legitimate interest.
- To better understand you and our other users, so that we can tune and personalize our offering.
- For trending and statistics, and to improve our products and services
To accomplish our business purposes.
We will engage in this activity because we have a legitimate interest.
- For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.
- For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
- For responding to legal duties, such as requests from public and government authorities.
To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.
5. How Personal Information May Be Disclosed.
We may disclose your Personal Information:
To our strategic partners and third party service providers who provide services such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.
To third party sponsors of sweepstakes, contests and similar promotions, consistent with your choices.
To you, through message boards, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled "Testimonials, Ratings and Reviews" and "Public Forum."
To your friends associated with your social media account, to other website users and as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your SPORTABLE App account or our social media pages.
To business partners in the context of a corporate transaction. If SPORTABLE is involved in a sale or business transaction (e.g., merger or acquisition), SPORTABLE will retain a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring or target entity and its advisors.
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.
6. Your California Privacy Rights: Notice to California Customers and Opt-Out Information.
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties' direct marketing purposes offline, please follow the instructions in Section 8 below.
7. How to access, correct, delete or exercise other rights regarding your Personal Information.
Where applicable law allows for such a request, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact SPORTABLE at firstname.lastname@example.org with the subject line "Data Subject Request." We will respond to your request consistent with applicable law.
For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). We may retain residual information, such as records to document that your request has been fulfilled.
If you are under 18 years of age and a user of the SPORTABLE Services, you may also be entitled to ask us to remove content or information that you have posted to the SPORTABLE Service by submitting a request to email@example.com. Please note that your request does not ensure complete or comprehensive removal of the content or information if doing so infringes on the rights of another user.
8. Your choices regarding our use and disclosure of information.
Information you provide may be used by SPORTABLE for marketing purposes such as one-off promotional emailing, mobile text messages, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
- Receiving electronic communications from us: If you are a user of the SPORTABLE App and no longer want to receive marketing-related emails or mobile text messages from us on a going-forward basis, you may opt-out of receiving these marketing-related emails or mobile text messages by sending a request for list removal to firstname.lastname@example.org or changing your preferences in the SPORTABLE App. If you have provided your information to SPORTABLE, and opt-out, SPORTABLE will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted-out.
- Our sharing of your Personal Information with unaffiliated third parties for their (or their customers') direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by emailing email@example.com from the email that you have signed up or used in receiving the SPORTABLE Services.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the SPORTABLE Services, and you cannot opt-out from receiving those messages.
Our mobile applications may also send push notifications to your mobile device. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device's calendar application, storage, Bluetooth, camera, and microphone. If you have previously allowed access to your device's calendar and no longer wish to allow access, you may edit the application settings at the device level.
9. Tracking and Advertising.
10. Social Media Features and Widgets.
11. Public Forum.
Our websites offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose Personal Information through SPORTABLE public message boards, blogs, or forums, this information may be collected and used by others. To request removal of your Personal Information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why.
12. Facebook Connect.
You can log in to some of the SPORTABLE Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form. Some services like Facebook Connect give you the option to post information about your activities on our websites to your profile page to share with others within your network. In addition, when using some of our mobile applications we may allow you a chance to tell friends about our services by accessing the contacts in your Facebook or other social media account.
13. Testimonials, Ratings and Reviews.
If you submit testimonials, ratings or reviews to the SPORTABLE Services, any Personal Information you include may be displayed in the Service. If you want your testimonial removed, please contact us at email@example.com.
We also partner with third party service providers to collect and display ratings and review content on our web site.
14. Third Party Payment Processor.
15. Links To Other Websites.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, LinkedIn, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the SPORTABLE Services, including our social media pages.
16. Data Retention.
We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you and provide the SPORTABLE Services to you (for example, for as long as you have an account with us or keep using the SPORTABLE Services);
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
- Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
17. Security of Your Information.
The security of Personal Information is a high priority at SPORTABLE. We seek to use reasonable technical, administrative and physical safeguards to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us please email firstname.lastname@example.org
18. Use of Service By Minors
The SPORTABLE Services are not directed or targeted at children under the age of sixteen (16), and we request that they do not provide Personal Information through the SPORTABLE Services.
19. Cross-Border Transfer
The SPORTABLE Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the SPORTABLE Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
Some of the non-European Economic Area ("EEA") countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses with our vendors (based on the clauses published at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087, a copy of which can be obtained by emailing email@example.com
20. Sensitive Information
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, trade union membership or criminal background) on or through the SPORTABLE Services or otherwise to us, except where explicitly requested or consented to.
22. Contact Us
For the EEA, you may also:
- Contact our Data Protection Officer responsible for your country or region, if applicable at firstname.lastname@example.org
- Lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080
23. Third Party Partners & Sub-Processors