TERMS OF USE & PRIVACY POLICY

GAMESESNSE SPORTS INC.

 Terms of Use

Updated March 27th, 2020

Welcome to the website of Gamesense Sports Inc., including Gamesensesports.com. This Terms and Conditions of Use Agreement (this “Terms of Use“) is a legal agreement between you, or in the event that you represent, or are using the Site on behalf of, a business or other entity, that business or entity (in either case, “you”) and Gamesense Sports Inc. (hereinafter “GameSense”, “we”, “us”, or “our”). These Terms of Use govern your Account (as defined herein) and your use of the web-based service available through the Gamesensesports.com, and APIs and other interfaces made available by GameSense (collectively, the “Site“). If you are a business or other entity, the individual entering into these Terms of Use on your behalf hereby represents that he/she is an employee or agent of such business or other entity and has authority to enter into these Terms of Use on the company’s behalf.

NOTICE: PLEASE READ THE FOLLOWING TERMS OF USE BEFORE PROCEEDING. BY CLICKING “I ACCEPT” DURING ACCOUNT REGISTRATION OR BY USING THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU ACCESS OR USE THE SITE, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS OF USE AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT REGISTER FOR AN ACCOUNT OR USE THE SITE.

These Terms of Use are entered into as of the earlier of the date You first click “I Accept” or first access or use the Services or platform (the “Effective Date”).

  1. GameSense 30-Day Money Back Guarantee. Subject to the terms of this Agreement and GameSense’s then effective refund policy, GameSense will fully refund subscription fees within the first 30 days of activation if you are not completely satisfied.  After the expiration of the first 30-day period of the active subscription, you can easily cancel your subscription at any time. There are no cancellation fees and no refunds are provided. Refund policies may not apply to Team and/or Academy/Facility accounts and are subject to change without notice.
  1. Definitions. Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted in the United States.
  1. Additional Terms. We or our affiliates may require you to follow additional rules, guidelines, or terms and conditions (“Additional Terms”) in order to access and use various features of the Site, to participate in certain promotions available through the Site, or to receive other services offered from time to time (“Additional Services“). Before accessing or using the Additional Services, you will be required to agree any applicable Additional Terms. Any Additional Terms you agree to through the Site will become a part of these Terms of Use. If any Additional Terms differ from the terms of these Terms of Use, the Additional Terms will take precedent over the terms of these Terms of Use, but only with respect to the matters governed by the Additional Terms.
  1. No Responsibility for Team or Academy. You acknowledge that you are solely responsible for your selection of any team, academy, or other third party you choose to assist you with your training, exercise, or fitness (your “Coach”) and for any advice, coaching, training, or other services you receive from that Coach (“Coaching Services”). You are also solely responsible for your selection of and relationship with your team (your “Team”), if any, and any payments or other benefits provided to you by your Team (“Team Benefits”). We are not responsible for any Coaching Services or Team Benefits, whether or not the Coach or Team uses the Site or Services to assist them in providing you with any Coaching Services or Team Benefits. We have no control over, are not responsible for, and do not provide support or maintenance for, any Coach or Team or and Coaching Services or Team Benefits. Separate and apart from these Terms of Use, your access to and use of any Coaching Services or Team Benefits may also be subject to any other agreement you have entered into (or enter into) with your Coach or Team in addition to this Agreement (a “Coaching Agreement” or “Team Agreement,” respectively). Notwithstanding any Coaching or Team Agreement, these Terms of Use will continue to apply to your use of the Site and all Services. Any Coaching or Team Agreement will apply separately to any Coaching Services or Team Benefits you receive from your Coach or Team and are separate and independent from the Services you may receive from us under these Terms of Use.
  1. Services. Subject to your compliance with these Terms of Use, we will provide you with services through the Site for the Account type you select (“Services“). Please visit gamesensesports.com for additional information regarding our Services. We reserve the right, at any time, to modify the Site or Services by making the modification available on the Site or by providing other notice to you. Any modification will be effective immediately upon posting on the Site or such other notice. You will be deemed to have agreed to such modification through your continued use of the Site or Services.
  1. Account Types. We designate various types of accounts (each, an “Account“) that provide different functionality to different users of the Site. You may choose your Account type when you first submit a registration for the Services or the Site (your “Registration”). You may convert the type of Account you have by emailing us at contact us or as indicated on the Site. Please review these Terms of Use with your Coach or Team, if applicable, for the ways that changing your Account affects your access to your Account and the Services.  The Account types are as follows:
    1. Individual Athlete Account: allows only you access to view and download your Content and to additional features and functions for your personal usage.
    2. Team Account: is a paid Team Account that is maintained by us under a separate agreement with your Team through which you have registered for your Account.
    3. Academy/Facility Account: allows the Coach you have designated in your Registration or through the Site (our you if another user has designated you as their Coach) to access the Account for the purpose of providing Coaching Services.
    4. You may convert the type of Account you have by emailing us at contact us or as indicated on the Site. Please review these Terms of Use with your Coach or Team, if applicable, for the ways that changing your Account affects your access to your Account and the Services.
  1. Account Registration; Account Settings; Passwords
    1. Age Restrictions. You may not create an Account unless you are 16 years of age or older. If You are a parent or guardian of a child under 16, then You may create an Account and allow Your child to access that Account and the Services under Your direct supervision. You will be solely responsible for all access to and use of the Services and that Account by Your child. If You are 16 or older but younger than 18, then You may establish Your own Account only if Your parent or guardian accepts this Agreement on Your behalf. If you are a parent or guardian entering this Agreement for the benefit of a child age 16 or older but under 18, then You agree You will be solely responsible for all access to and use of the Services and that Account by Your child.
    2. Your Account Information. By submitting a Registration form or creating a password on the Site, you represent to us that: (1) you meet any age restrictions for the Site, and (2) the information you have provided on your Registration (“Account Information“) is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete.
    3. Passwords for Individual Accounts. If you have a paid Individual Athlete Account, you are responsible for maintaining the confidentiality of your password and you are not permitted to share or disclose your password to anyone else. You will be solely responsible for the activities of anyone accessing the Site using any password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Site, and notify us at contact us.
    4. Passwords for Team and Academy/Facility Accounts. If your Account is designated as a Team Account, the Coach to whom your Account is linked will have access your Account, including the ability to set and reset your password and to view or modify the Content in your Account. If you have a Academy/Facility Account, the Coach of your Account may also have the ability to set and reset your password and view or modify the Content in your Account.
    5. Permitted Uses. Use of paid Accounts is limited to your own personal, noncommercial use only, and you shall not permit the usage of your account by others not authorized.
  1. Payment; Termination by You. You are required to pay the fees for your paid Account for the term of the plan selected in your Registration prior to obtaining access to your Account. All fees will be payable in advance, unless otherwise specified in your Registration or on the Site. All plans automatically renew unless you terminate your Account within the time specified in your Registration or on the Site for your plan before your plan is scheduled to renew. You are free to terminate your paid Account at any time. GameSense will not provide any refund upon termination, but you will continue to have access to your Account after you have terminated your paid Account until the expiration of your plan’s current term.
  1. Term; Termination by GameSense.
    1. Term. We will provide the Services to you for your particular Account commencing upon the payment and completion of the Registration for your Account for the term that you select unless your Account is terminated before the end of the term as permitted in these Terms of Use.
    2. Termination by GameSense. We reserve the right to disable your password and terminate your access to your Account regardless of the type of Account you have if (1) you fail to comply with these Terms of Use, including without limitation, failing to comply with the password restrictions or providing false Account Information, or (2) for any reason or no reason. If we do so, we may also choose to delete your Account Information or remove Content you have posted or uploaded to the Site or your Account. We will not provide any refund if your Account is terminated under this Section.
    3. Termination by You. If you notify us that you wish to terminate your Account, regardless of the type of Account you have, we will promptly take such action as is necessary to terminate your Account. Upon such termination, we may also choose to delete your Account Information or remove Content you have posted or uploaded to the Site or your Account. We will not provide any refund if your Account is terminated under this Section.
    4. Other Termination or Modification. In addition to the termination rights above, we have the right to terminate the Services at any time or to modify or change the Services to eliminate any or all of the Services.
    5. Suspension. Without limiting our right to terminate your Account, we may also immediately and indefinitely suspend your access to the Site, Services and Account, including, without limitation, all of your Content, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms of Use or applicable law or upon any other conduct we deem to be inappropriate or detrimental to the Site, Services, us, or any other customer or user.
  1. No Medical Advice. THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. GAMESENSE IS NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER AND IS NOT SUBJECT TO THE PRIVACY RULE OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA).
  1. Privacy Policy Consent. By agreeing to the Terms of Use, you also agree to comply with the terms of our online privacy policy posted on the Site (our “Privacy Policy”), which is incorporated into these Terms of Use. Before using the Site or Services or any Account, please carefully review our Privacy Policy. All personal data you provide to us as a result of your use of the Site, Services, or any Account will be handled in accordance with these Terms of Use and our Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.  Without limiting any rights under the Privacy Policy, we will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to the Site and your use and operation of the Services. To the extent any such data or information is collected or generated by us, the data and information will be solely owned by us, and we may be use it for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you, any user or customer, or any other entity or natural person as the source thereof.
  1. Content.
    1. User Content. The Site may allow you to post, upload, transmit, or otherwise make available and provide (“post“) Content on the Site, including, without limitation, text, images, illustrations, graphics, workout and other data, audio, video or audio-video clips, or other materials. The Content you and other users post is referred to as “User Content” in these Terms of Use. The User Content that you post is referred to as “your Content” in these Terms of Use.
    2. Prohibited Content. You may not post Content, on or through the Site, that:
      1. Is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  1. contains nudity, violence, or offensive subject matter;
  2. provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself;
  3. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”;
  1. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  2. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  3. solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
  • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  • includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.
  1. Responsibility for User Content. You are responsible for all Content you post to your Account and the Site and for adjusting the Account settings that permit you to display your Content on the Site, where applicable. Posting Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using pages of the Site on which users may post User Content, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the Site.
  2. Rejection and/or Removal of Your Content. You acknowledge that we have no obligation to screen User Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse, or remove any User Content (which includes your Content) or portion thereof, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site any User Content that violates these Terms of Use or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Site by any person, please contact us.
  3. Ownership of Your Content. We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, you own and will retain any and all intellectual property rights that you may have in your Content.
  4. License to Use Your Content. By posting your Content on or through the Site, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, distribute, and create derivative works based on your Content. You consent to our use and disclosure of your Content as set forth in these Terms of Use, including our Privacy Policy. You may contact us to request that your Content be removed from the Site. We cannot guarantee the complete deletion of your Content and copies thereof, especially on message boards, blogs or other community pages. Back-up or residual copies of any Content that we remove may remain on our servers after the Content has been removed from view, and we retain all rights granted in this paragraph to all such remaining copies.
  5. Your Warranties Regarding Your Content. By posting your Content via the Site, you represent and warrant that (1) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (2) the posting of your Content on or through the Site does not violate the intellectual property right, privacy rights, publicity rights, or any other rights of any third party.
  1. Ownership of Site and Content.
    1. User Content. The Site and Content we and others provide are protected under applicable intellectual property laws. In addition, the Content is a collective work under U.S. and international copyright laws and treaties, and while you retain ownership of your Content, we own the copyright in the selection, coordination, and arrangement of the Content on the Site.
    2. Content License. We hereby grant you a personal, limited, revocable, non-sublicensable license to download and print copies of any portion of the Content of the Site to which you have properly gained access for your personal use. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar automated means or methods to access any Content on the Site. This license is revocable by GameSense at any time without notice and with or without cause.
    3. Content Restrictions. Unless you are expressly granted rights to do so by GameSense under a separate agreement from these Terms of Use, You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Site (except your Content) except as expressly provided in these Terms of Use without our prior written permission. Any use of the Site, including the Content of the Site (except your Content), other than as specifically authorized in these Terms of Use (or any such separate agreement with GameSense),is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. You shall not remove, modify or obscure any copyright, trademark, or other proprietary notices from any Content (except your Content).
    4. Software. Unless otherwise expressly stated in a license or other agreement separate from this Agreement that You may have entered into (or may enter into) with us relating to any software, code, or APIs available on or accessible through the Site or Services (collectively, “Software”) (each such license or other agreement, a “Software License Agreement”), we grant you a personal, limited, non-exclusive right and license to download, install, and execute the Software in accordance with any instructions we provide to you, solely for your own business purposes in connection with your access to and use of the Site and Services. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software or any intellectual property rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without our prior written permission. Except as set forth in this Agreement, any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement.
    5. Site Restrictions. You acknowledge that the Services, Site, Software, and all other databases, software, hardware and other technology used to provide the Services and operate the Site (collectively, our “Technology”) and their structure, organization, and underlying data, information and source code constitute our valuable trade secrets. You will not, and will not permit any third party to: (1) access or use the Technology, in whole or in part, except as expressly provided in these Terms of Use; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use the Technology, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Technology, or access thereto, available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) use the Technology for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; or (9) interfere in any manner with the operation or hosting of the Technology, or attempt to gain unauthorized access to the Technology.
  1. Copyright Infringement.
    1. Claims of Copyright Infringement. If you have reason to believe any part of the Content or the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.
    2. Notice of Claim of Copyright Infringement. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (1) any Content displayed on the Site infringes your copyright or (2) any link posted on the Site links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
      1. a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
      2. a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Site; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
  • a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
  1. a statement that all of the information you have provided is accurate; and
  2. a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
  1. Your Notice. Your notice must be signed (physically or electronically) and addressed to:

                GameSense Sports Inc.
                ATTN: Chief Technology Officer
                Email: info@gamesensesports.com

  1. Trademarks.
    1. Ownership of Trademarks. The trademarks and service marks used or displayed on the Site (“Trademarks“) are registered and unregistered trademarks of GameSense and its licensors or affiliates. Your access to the Site does not constitute a license to use any Trademarks and you may not use any Trademarks displayed on the Site without the prior express written permission of GameSense or the trademark owner.
    2. Trademark License for Academy Accounts. If you have an Academy Account, during the term of these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, personal license to use the Trademarks “GameSense,” “Pitch-IQ”, “Gamesense.com,” “Powered by GameSense,” and any logos or designs we provide containing the foregoing (“Licensed Marks“) solely to promote your training and coaching services to actual and potential users of the Site. Your use of any Licensed Marks will be subject to any trademark usage instructions we may provide you from time to time. All of your use of the Licensed Marks inures to our benefit and you will acquire no rights in the Licensed Marks nor challenge or contest our rights in the Licensed Marks or any other Trademarks. This license will terminate immediately upon termination of your Academy Account for any reason. Upon termination, you will immediately cease using the Licensed Marks, destroy any materials containing the Licensed Marks and delete any references to the Licensed Marks on your website.
  1. Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback“). The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
  1. Links to the Site and RSS Feeds. We grant you permission to create hyperlinks to the home page of public pages within the Site, provided that the hyperlink accurately describes the content as it appears on the applicable page of the Site. You are further granted a right to implement the RSS feeds located on the Site at gamesensesports.com for your personal, non-commercial use, solely as described on the Site. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause. If you wish to obtain a license to use, distribute, or otherwise feature our RSS feeds for commercial purposes, please contact us at info@gamesensesports.com and request a license for commercial use. Under no circumstances may you “frame” the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of the Site is accessed from a link (including RSS feeds) featured on your web site, each page within the Site must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within the Site. If you wish to link to any Site other than as described herein, you must execute a separate agreement with GameSense. Please contact us at contact us.
  1. Third Party Sites. The Site may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
  1. Support. We may provide you with support for your Account (“Support“) via the following methods, which may include, without limitation: online self-help support center; forums; the Site; email; and voicemail. For current information regarding Support, please contact us.  We will use commercially reasonable efforts to respond to Support requests promptly after the request is placed. Support is available from 9:00 a.m. to 5:00 p.m. Mountain Standard Time on Monday through Friday, excluding USA holidays, provided that we do not guaranty any level of Support and may change our Support practices at any time.
  1. Warranties; Disclaimer.
    1. We will use commercially reasonable efforts to provide you the Services relating to your Account during the term of your Account in accordance with our current description of Services applicable to your Account. In the event of any breach of this warranty, please notify us at contact us. We will re-perform the Services as necessary to correct the problem provided that you notify us in within thirty (30) days of the problem. Subject to Section 1 of this Agreement, if applicable, the foregoing remedy will be your sole and exclusive remedy with respect to any failure of the Services meet the warranty set forth in these Terms of Use.
    2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GAMESENSE HEREBY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY ACTION BY A TEAM OR ACADEMY RELATING TO YOUR USE OF THE SITE. YOU WILL NOT ASSERT ANY CLAIMS THAT YOU MAY HAVE AGAINST A TEAM OR ACADEMY AGAINST GAMESENSE.
    3. GAMESENSE MAKES NO WARRANTY: THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMESENSE OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. WE DO NOT WARRANT THAT THE SITE, SERVERS, CONTENT ON THE SITE, E-MAIL SENT FROM US, OR PRODUCTS OR SERVICES AVAILABLE ON THE SITE, IF ANY, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
  1. Limitation of Liability.
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OURSELVES AND OUR EMPLOYEES, AGENTS, TEAMS, ACADEMYS, SUPPLIERS, SPONSORS AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMESENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND THE SITE, OR OTHERWISE RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS
    2. GAMESENSE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE AND ALL SERVICES PROVIDED UNDER THESE TERMS OF USE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO GAMESENSE HEREUNDER IN THE 1 MONTH PRECEDING ANY SUCH INITIAL OCCURRENCE OF LIABILITY (OR, IF NO SUCH FEES HAVE BEEN PAID, $10). YOU AGREE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS OF USE AND ACKNOWLEDGE THAT GAMESENSE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
    3. You acknowledge that any sport or physical activity contains the inherent risk of injury, and that usage of GameSense’s Site and Services cannot eliminate that risk. Accordingly, you fully and expressly assume the risk of any bodily injury or property damage resultant from your participation in a sport or physical activity, and waive any claim against GameSense related thereto.
    4. These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use will apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
    5. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within 1 year after such claim or cause of action arose or be forever barred.
  1. Indemnification. You will indemnify and hold harmless GameSense, and its subsidiaries, affiliates, officers, agents or other partners, users, Teams, Academies, and employees, from and against any claim, liability, loss, expense or demand, including reasonable attorneys’ fees, relating to or arising out of your Content, your use of any other Content, your use of or connection to the Site and Services (including any information, materials, products or services available through the Site or Services), your violation of these Terms of Use, or your violation of any applicable laws or any rights of another user or third party.
  1. Compliance with Laws. You agree to use the Site in compliance with all applicable laws. If you access the Site from outside the United States, you will comply with all local laws regarding your use of the Site.
  1. Jurisdictional Issues. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Colorado as such laws apply to contracts between Colorado residents performed entirely within Colorado. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Denver, Colorado for any legal proceedings related to these Terms of Use.
  1. Miscellaneous.
    1. Notice. We may send you any notices via e-mail or regular mail to the address we have on file for you. We may provide notice to you by displaying the notice on the Site as described in these Terms of Service. You will provide any notices to GameSense solely as directed in these Terms of Use or in writing at the address set forth below.
    2. Assignment. You may not assign, delegate or otherwise transfer your Account or your rights or obligations under these Terms of Use. GameSense will have the right, in its sole discretion, transfer or assign all or any part of its rights under these Terms of Use to any third party, and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms of Use.
    3. Severability. If any clause or provision of these Terms of Use will be held by a court of competent jurisdiction to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, will nevertheless be and remain in full force and effect, and the parties will promptly substitute for the invalid provision a valid and binding provision resembling the invalid provision as closely as possible in intent and economic effect.        
    4. Attorney’s Fees. If any party hereto will bring any suit or action against another for relief, declaratory or otherwise, arising out of this agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.
    5. Survival. Sections 1, 2, 6, 7, 8, 9, 12, 17, 19, 20, 21, 22 and 23 will survive any termination or expiration of these Terms of Use. In addition, any perpetual or irrevocable rights or licenses granted to GameSense will survive termination or expiration of these Terms of Use.
    6. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof will not be deemed a waiver of such terms, covenants and conditions, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver will be valid unless in writing and signed by an authorized officer of GameSense.
    7. Entire Agreement. The Terms of Use, including our online Privacy Policy and any Additional Terms, constitute the entire agreement between you and GameSense and govern your use of the Site, superseding any prior agreements between you and GameSense with regard to your use of the Site. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers under these Terms of Use must be in writing
    8. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  1. Questions About These Terms of Use. If you have any questions regarding these Terms of Use, please contact us by email at info@gamesensesports.com

Privacy Policy

Last Updated: March 30th, 2020

 

GameSense Sports Inc., (“GameSense” “we,” or “us”) is committed to protecting your privacy and utilizing technology that gives you a powerful and safe online experience. This Privacy Policy applies to the GameSense Sports Inc. operated websites and applications, and governs data collection and usage.

 

If you have questions or concerns about our privacy policy or practices, please contact us in the first instance at info@gamesensesports.com.

 

The website gamesensesports.com, and all related websites and mobile applications, (hereinafter the “Site”) is owned and operated by GameSense Sports Inc. The Site provides athletic training and performance programs for athletes and their coaches, and other related and supporting services offered by GameSense (the “Services”).

 

Please read carefully through all sections of this Privacy Policy. This Privacy Policy may be changed by us from time to time and the governing version will be posted on the Site. We will notify you if we make material changes to the Privacy Policy or we will provide notice to you of our changes on our website landing page. Please review this Privacy Policy on a regular basis as your use of the Site will be governed by the then-current Privacy Policy.

 

GameSense recognizes the importance of protecting the privacy of our customers and the users of the Site. However, some uses of such information are required for us to conduct legitimate business by providing information of interest to our customers and the users of the Site.

 

What this Privacy Policy Covers

 

Unless otherwise provided herein, this Privacy Policy covers our treatment of Personal Data that we collect through your use of the Site and when you use Services provided on the Site. This policy does not apply to the practices of companies that we do not own and/or control or to people that we do not employ or manage.

 

Information Collection and Use

 

Through your use of the Services, we may collect the following “Personal Data” from you if you choose to provide it, including:

 

  • Your name, email, address and/or telephone number (“Contact Information“).
  • Pages and products viewed, ads that you clicked on, emails from us that you opened, browser type, operating system, IP address and device information, your mobile operating system (OS), a mobile device identifier embedded by us, or other commonly used mobile device identifier if you access the Site on a mobile device (“Analytical Information”).
  • Data imported into the Site from third parties such as physical response data you choose to import into the Site (“Third Party Data“).
  • Your age/birth date, username, password, primary sport, gender, profile picture, athlete type, country, timezone, phone number, date format preference, coach name, authorized third-party app and device connections, notification preferences, layout preferences, unique identifiers, primary sport, and/or coaching emphasis (“User Data“).
  • If you choose to link your social media accounts to the Services, we may collect information related to your social media accounts (“Social Media Information“).
  • We may also collect publicly available information about you from third-party sources, such as the postal service for shipping address verification.

We do not collect any more Personal Data from you than what we have determined is needed for us to provide the Services or that you have decided to share with us to personalize the Services, and to comply with applicable laws.

 

GAMESENSE IS NOT A HEALTHCARE PROVIDER OR A BUSINESS ASSOCIATE OF ANY HEALTHCARE PROVIDER AND IS NOT SUBJECT TO THE PRIVACY RULE OF THE HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA).

 

How Your Personal Data May Be Used

 

We may use Analytical Information to improve the performance or layout of our website; to develop new services and ideas; to target advertisements to you on the websites of others, and to better administer and troubleshoot our systems.

 

We use your Contact information for the following purposes:

 

  • Name – Your name is used for identification within the website and application, and personalization of emails or notifications.
  • Email – Your email may be used for purposes of password reset assistance and transactional emails such as sales, payments, and recurring subscription processing.
  • Physical Address – GameSense requires billing address when collecting payment using a credit card. It is also possible to optionally store mailing address for each account via application settings, to help coaches manage their athletes.
  • Phone Number – GameSense requests phone numbers when creating a coach account so we can contact you for onboarding and education.

We use your User Data for the following purposes:

 

  • Unique Identifiers – We generate a unique identifier for your account as part of account creation in order to distinguish your data from other users within GameSense.
  • Age & Birth Month/Year – GameSense stores birth month/year (and calculates age from this data) to assist with improving accuracy of analysis and tracking for your workouts and training. This information is not required.
  • We use your User Data to provide you the Services. You may choose to provide more User Data to generate a more personalized experience and to maximize the functionalities of the Services.

We use your Social Media Information for the following purposes:

 

  • Social Media Information – Social Media Information is optionally stored at your discretion for blog post author bios and coach profile contact methods.

We may also use Contact Information, Third Party Data, User Data and other Personal Data to provide you the Services on the Site; to evaluate and improve the Services; to fulfill your requests for information; and to contact you about GameSense products or services and those of our affiliates, based on the preferences you have indicated.

 

We provide you the opportunity to consent to receive commercial email from us related to the Services or information that we deem you may be interested in when you seek more information from us. We will give you the opportunity to “opt out” of receiving any unsolicited information from us or to limit the unsolicited information you receive from us to information regarding the Services or information you specifically request or information we determine you may find useful as a result of your use of the Site.

 

Information Sharing and Disclosure

 

Except as otherwise described in this Privacy Policy, we will not share your Personal Data with any other person or company. We will share your Personal Data to other companies or people when:

 

  • We need to share your information to provide a product or service you have requested;
  • We need to send the information to companies who work on behalf of GameSense to provide a product or service to you. Unless we tell you differently, we only provide these companies the minimum amount of information that is necessary for them to assist us and these companies do not have any right to use the Personal Data we provide to them beyond what is necessary to assist us;
  • We find that your actions on our website violate the Terms of Use, any of our usage guidelines for specific services or any agreement; and
  • As required to respond to or initiate subpoenas, court orders, or legal process.

Third Party Processors

 

To ensure that your Personal Data receives an adequate level of protection, we have put in place appropriate procedures with the third parties we share your Personal Data with to ensure that your Personal Data is treated by those third parties in a way that is consistent with and which respects the applicable laws on data security and privacy.

 

How Long Do We Keep Your Information?

 

We will store your information for as long as you have an account with GameSense. We may keep records of transactions with you for a period of up to seven (7) years to comply with the IRS requirements.

 

Google Analytics

 

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.

 

Use of Cookies

 

GameSense uses “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons and embedded scripts) to help provide you a better, more personalized user experience.

 

The Options/Settings section of most internet browsers will tell you how to manage the cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser settings. Please be advised that disabling cookies through either method may impact many of the Site’s features.

 

We use the following cookies:

 

  • Strictly Necessary Cookies: These are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into secure areas of our websites, use a shopping cart or make use of e-billing services.
  • Analytical/Performance Cookies: They allow us to recognize and count the number of visitors and to see how visitors move around our websites when they are using it. This helps us to improve the way our websites works, for example, by ensuring that users are finding what they are looking for easily.
  • Targeting Cookies: These cookies record your visit to our websites, the pages you have visited and the links you have followed. We will use this information to make our websites and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

We also allow third parties to place cookies on your device through the Services to:

 

  • Help us understand and improve how visitors use our websites, including which of our pages and products are viewed most frequently.
  • More effectively market our products and services and advertise other products and services that may be of interest to you.
  • Obtain your feedback on our products and the Services.
  • Allow you to engage in our social media offerings (e.g., clicking the “Like” button on our website).

The use of third-party cookies is not covered by our Privacy Notice. We do not have access or control over these cookies. If you continue to use our websites, we will assume you agree to the use of these cookies.

 

Internet-Based Ads

 

Unaffiliated third parties may use cookies and other technologies on our website to collect information about your online activities over time and across different websites you visit in order to provide you with interest-based advertising. You can generally opt-out of receiving interest-based advertisements from members of the Network Advertising Initiative or the Digital Advertising Alliance by visiting their opt-out pages: ( http://www.networkadvertising.org/choices/) and ( http://www.aboutads.info/choices/). When you opt-out using these links, please note that you may still receive advertisements. They just will not be personalized based on your interests.

 

Do Not Track

 

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

 

Security

 

We will take reasonable and appropriate measures to protect against the loss, misuse and unauthorized access, disclosure, alteration and destruction of your Personal Data, taking into due account the risks involved in the processing and the nature of the personal data. However, no electronic storage method or data transmission over the Internet can be guaranteed to be 100% secure.

 

Commitment to Children’s Privacy

 

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C., 6501-06 and 16 C.F.R., 312.1-312.12, the Site does not collect information from children under 16 years of age, and we do not intentionally collect information from persons under sixteen (16) years of age. Use of the Site is limited to users that are sixteen (16) years of age and older. By using the Site, you represent that you are sixteen (16) years of age or older.

 

Changes to This Privacy Policy

 

We reserve the right to change, modify or otherwise update this policy at any time. These changes or updates will be effective immediately. We may provide you notice of such changes when they are material, such notice may be given by posting on the Site, by electronic or conventional mail or by any other means by which you obtain notice of the changes or updates.

 

Policies of Other Websites

 

The Site may contain links to third-party websites not owned or controlled by GameSense. GameSense is not responsible for the privacy policies of any third-party websites which a User may access through a third-party link. Further, these third-party websites may have privacy policies that differ from this Privacy Policy. GameSense disclaims all responsibility for the privacy practices of such other third-party websites. You should read the privacy policies of each third-party website you visit to determine what information each third-party website may be collecting about you and how they intend to use such information.

 

Notice to Utah Residents

 

Except as expressly identified below, we do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes.

 

Notice to Nevada Residents

 

Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to info@gamesensesports.com.

 

Notice to Residents of the United States (other than California) and Canada:

 

You may access Personal Data held by us about you, as well as information about how we are using your data and you can request that we rectify any inaccurate personal data held by us about you.

 

Notice to California Residents

 

The California Consumer Privacy Act (CCPA) requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information.

 

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that is publicly available, deidentified or aggregate information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

 

RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED, OR SOLD

 

Your Right

 

If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you in the 12-month period preceding your request. This right includes the right to request any or all of the following:

 

  1. Specific pieces of Personal Information that we have collected about you;
  2. Categories of Personal Information we have collected about you;
  3. Categories of sources from which the Personal Information was collected;
  4. Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
  5. Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
  6. The business or commercial purpose for collecting or, if applicable, selling Personal Information.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

 

How to Submit a Request to Know

 

You may submit a request to know at info@gamesensesports.com.

 

Our Process for Verifying a Request to Know

 

If we determine that your request is subject to an exemption, we will notify you of our determination. If we determine that your request is not subject to an exemption, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us. If you maintain a password-protected account, we may verify your identity through existing authentication practices available through your account. Prior to disclosing the requested information, we will ask you to re-authenticate yourself with respect to that account. If you do not maintain a password-protected account, or if you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity to a “reasonable degree of certainty” or a “reasonably high degree of certainty” using methods we have determined are reliable for the purpose of verifying identities depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized access. In addition, you may be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

 

Collection of Personal Information

 

The following table presents the categories of Personal Information that we have collected, the categories of sources from which that information was collected, and the categories of third parties with whom we shared that Personal Information for the 12 months preceding the Effective Date of this Privacy Policy.

 

Categories of Personal Information Collected

Categories of Sources from which Personal Information was Collected

Business or Commercial Purpose for the Collection

Categories of Third Parties with whom We Share Personal Information

Name

Information provided by you when making a transaction or registering with the Site.

To deliver products and services to you. To identify you as a user of the Services.

Service providers

Postal address

Information provided by you when making a transaction or registering with the Site.

To deliver products and services to you.

Service providers

Email address

Information provided by you when making a transaction or registering with the Site.

To communicate with you regarding a transaction and products you may be interested in.

Service providers

Telephone #

Information provided by you when using the Services.

To communicate with you regarding the Services.

Service providers

Physical Characteristics

Information provided by you to access functionalities of the Services

To provide you improved feedback and functionalities when using the Services.

Service providers

IP Address

We collect your IP address when you log into the Services

To deliver products and services to you.

Service providers

Customer Number, unique pseudonym, or user alias

Information provided by you when using the Services.

To identify you as the owner of the account and/or to process payments.

Service providers

Geolocation

We receive this information from your input, or by a third-party device linked to your account.

To provide you improved feedback and functionalities when using the Services.

Service providers

Image of face in photos

You provide any images.

To provide you the ability to personalize your account when using the Services

Service providers

Gender

You provide this information when using the Site.

To provide you improved feedback and functionalities when using the Services.

Service providers

Age

You provide this information when using the Site.

To provide you improved feedback and functionalities when using the Services.

Service providers

Disability

You may provide this information when using the Site.

To provide you or your coach with improved feedback when using the Services.

Service providers

Records of products or services purchased, obtained or considered

Information we generate through your use of the Site and purchases made, and navigation of our Site.

To determine our revenue and calculate taxes, to provide you a record of your transactions, and to determine products or services that may be of interest to you.

Service providers

Purchasing or consuming histories or tendencies

Information we generate through your use of the Site and purchases made, and navigation of our Site.

To determine our revenue and calculate taxes, to provide you a record of your transactions, and to determine products or services that may be of interest to you.

Service providers

Medical Conditions

You may provide this information when using the Site.

To provide you or your coach with improved feedback when using the Services.

Service providers

Inference drawn from information above to create a user profile

 

To provide you improved feedback and functionalities when using the Services.

Service providers

RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION

 

Your Right

 

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected or maintain. However, a business is not required to comply with a request to delete if it is necessary for the business to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

 

How to Submit a Request to Delete

 

You may submit a request to delete by sending an email to info@gamesensesports.com.

 

If you submit a request to delete online, you will be asked to confirm separately that you want your Personal Information deleted.

 

Our Process for Verifying a Request

 

If we determine that your request is subject to an exemption, we will notify you of our determination. If we determine that your request is not subject to an exemption, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us. If you maintain a password-protected account, we may verify your identity through existing authentication practices available through your account. Prior to deleting the Personal Information, we will ask you to re-authenticate yourself with respect to that account. If you do not maintain a password-protected account, or if you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized deletion.

 

If we are unable to verify your identity to the applicable standard, we will treat your request to delete as a request to opt-out of the sale of the personal information that you provided as part of processing the request to delete. See the following section for a description of the right to opt-out of the sale of personal information.

 

NOTICE OF RIGHT TO OPT-OUT OF SALE OF PERSONAL INFORMATION

 

Your Right

 

If you are a California resident, you have the right to direct a business that sells (or may in the future sell) your Personal Information to stop selling your Personal Information and to refrain from doing so in the future.

 

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

 

How to Submit a Request to Opt-Out

 

You may submit a request to delete by sending an email to info@gamesensesports.com.

 

How We Process a Request to Opt-Out

 

We will act upon your request to opt-out within 15 days from the date that you submit the request. The CCPA does not require that we verify the identity of individuals who submit requests to opt-out of sales. However, we may deny the request if we have a good-faith, reasonable, and documented belief that the request is fraudulent. If we deny the request on this basis, we will notify the requesting party and provide an explanation why we believe the request is fraudulent.

 

RIGHT TO NON-DISCRIMINATION FOR THE EXRCISE OF A CALIFORNIA RESIDENT’S PRIVACY RIGHTS

 

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.

 

AUTHORIZED AGENTS

 

California residents may use an authorized agent to submit a request to know, delete, or opt-out of sales on your behalf.

 

If you use an authorized agent to submit a request to know or request to delete, we may require that (1) the authorized agent provide proof of your written permission and (2) you verify your identity directly with us. These requirements do not apply if you have provided the authorized agent with a power of attorney pursuant to California Probate Code sections 4000 to 4465.

 

If you use an authorized agent to submit a request to opt-out of sales, you will need to provide that authorized agent with written permission to do so and submit written proof to us that the agent has been authorized to act on your behalf.

 

SHINE THE LIGHT LAW

 

We do not disclose personal information obtained through our Site or Services to third-parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code 1798.83.

 

Accessibility

 

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

 

Notice to Residents of Australia

 

Generally speaking, you are not obliged to provide us with personal information about you. However, failure to do so may mean that we are unable to transact with you, process any application for access to the Site, or provide you with an appropriate level of service.

 

GameSense may disclose personal information to recipients who are located outside Australia, including, for example, to its third party service providers who are either located or operate their business overseas. The recipients of such personal information may be located in the United States of America, Ireland, Canada, Japan, Germany, France, Belgium, the United Kingdom, or any other country where GameSense transacts business.

 

You may request access to, and correction of, any of your personal information held by GameSense, and such access will be provided, and corrections made except where GameSense refuses such requests in accordance with the Australian Privacy Act of 1988 (the “Australian Act”) and the Australian Privacy Principles (the “APP”).

 

All requests for access and/or correction will be processed within a reasonable time. In some situations, you may be able to access and correct your personal information directly through our Website. Otherwise, please contact our privacy officer by email if you want to access or correct your personal information.

 

If you have any complaints about a breach of the APPs, by GameSense, in relation to your personal information, please make it in writing to info@gamesensesports.com.  Complaints will be reviewed by GameSense’s privacy officer and we will respond as soon as we can. A response will usually be provided within 30 days of receipt.  If, after following the procedure outlined above, you believe that your complaint has not been satisfactorily addressed by GameSense, you can make a complaint to the Office of the Information Commissioner (OAIC) at www.oaic.gov.au.

 

Notice to Residents of Europe and the United Kingdom

 

GameSense recognizes the importance of protecting the privacy of our customers and the users of the Site. As such, we will always ensure that we have a lawful basis for processing your Personal Data.

 

OUR LEGAL BASIS FOR COLLECTING, STORING, AND PROCESSING YOUR PERSONAL DATA

 

If you have subscribed to use the Site in order to obtain the Services, we collect, store and process your Personal Data out of a contractual necessity in order to provide you the Services.

 

In certain cases, we may store and process your Personal Data in order to comply with GameSense’s legal obligations for record keeping and other compliance with laws or regulatory compliance.

 

The Personal Data we hold about you is processed by us on the basis of our legitimate interests in providing the Services. Based upon the type and amount of data we collect, we have made a determination that our legitimate interest in using such Personal Data is not outweighed by any detriment to you.

 

Under the GDPR, you have the following rights related to GameSense’s use of your Personal Data.

 

Number

Description of Your Right

Right 1

A right to access personal data held by us about you, as well as information about how we are using your data.

Right 2

A right to require us to rectify any inaccurate personal data held by us about you.

Right 3

A right to require us to erase personal data held by us about you, and where the personal data has been made public, for other controllers processing the personal data to also erase links to, or copy or replication of, such personal data. This right will only apply where (for example): we no longer need to use the personal data to achieve the purpose we collected it for; or where you withdraw your consent if we are using your personal data based on your consent; or where you object to the way we process your data (in line with Right 6 below).

Right 4

A right to restrict our processing of personal data held by us about you. This right will only apply where (for example): you dispute the accuracy of the personal data held by us; or where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.

Right 5

A right to receive personal data, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to require us to transfer this personal data to another organization, at your request

Right 6

A right to object to our processing of personal data held by us about you (including for the purposes of sending marketing materials to you).

Right 7

A right to withdraw your consent, where we are relying on it to use your personal data (for example, to provide you with marketing information about our services or products). If you have consented to receive communications from us, you can contact us at any time to have your details removed from lists used by us or to update your marketing preferences. Please email info@gamesensesports.com and quote your email/telephone number/account number in the body of the email, telling us what you would like us to do. You can also: click “unsubscribe” on any of our emails, and we will ensure we don’t send you any communications of this nature in future.

Privacy Shield Notice

 

We participate in and have certified our compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Framework (“Privacy Shield”). This Privacy Shield notice and the GameSense Privacy Policy define the privacy principles we follow with respect to Personal Data received from entities in the European Economic Area (“EEA”) and Switzerland. GameSense is committed to subjecting all personal information received from EEA member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework to the Framework’s applicable Principles for as long as we retain the personal information.

 

For more information about Privacy Shield, see the US Department of Commerce’s Privacy Shield website at https://www.privacyshield.gov.

 

If your personal data is collected by the GameSense via our website or via our services for our own account management, billing, or marketing purposes (e.g., as a customer of GameSense), this Privacy Policy explains how you may access or submit requests to review, correct, update, or delete personal data. We may limit or deny access to personal data when providing such access presents an unreasonable financial or labor burden, or as otherwise permitted by the Privacy Shield Principles.

 

If you are a subject whose data is stored by GameSense on behalf of one of our customers, you should contact that customer with your request. We will then assist that customer to fulfill your request in accordance with their instructions.

 

We may disclose Personal Data to trusted third parties as indicated in this Privacy Policy. GameSense requires that our agents and service providers that have access to Personal Data provide the same level of protection as those listed in the Privacy Shield Principles. We ensure that our agents process Personal Data received under Privacy Shield in a manner consistent with our obligations under the Privacy Shield, and we retain responsibility unless we can prove that we are not responsible for the breach. We may need to disclose Personal Data in response to lawful requests by public authorities, for law enforcement or national security reasons, or when such action is necessary to comply with a judicial proceeding or court order, or when otherwise required by law.

 

The collection and use of data is essential to the value that we provide as a service, as well as improve on the services we provide.

 

GameSense does not disclose information to third parties outside of the reasons listed in this Privacy Policy. Should you disagree with any of the usages, transfers of your information as listed here, or any other reason, we offer you the following choices:

 

  1. Opting Out: You can refuse cookies or opt-out of communications as described in this Privacy Policy.
  2. Requesting/Updating/Correcting/Removing Information: We describe the methods that you can employ to request, remove, or update your Personal Data in this Privacy Policy.

For the avoidance of doubt, if you wish to exercise your choice to be excluded from the onward transfer of information to third parties, or if you feel like your information will be used for purposes other than what it was intended for, please request the removal of your personal data from our servers as per this Privacy Policy.

 

Resolving Your Privacy Shield Complaints

 

In compliance with the Privacy Shield principles, GameSense commits to resolve complaints about our collection or use of your personal data. If you have an inquiry or complaint regarding this Privacy Shield Policy, please contact GameSense at info@gamesensesports.com.

 

If the dispute involves personal data collected in the context of an employment, agent, or sub-contractor relationship, we will cooperate with competent EU data protection authorities and comply with the advice of such authorities. In the event that we or such authorities determine that we did not comply with the Privacy Shield requirements, we will take appropriate steps to address any adverse effects and to promote future compliance. Further, any of our employees who are found to have violated the Privacy Shield Policy will be subject to disciplinary process.

 

Within the scope of this Privacy Policy, if a privacy complaint or dispute cannot be resolved through GameSense’s internal processes, GameSense has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/.

 

Under certain circumstances, you may also invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission. Please see the Privacy Shield website for more information on conditions giving rise to binding arbitration (https://www.privacyshield.gov/article?id=G-Arbitration-Procedures).

 

GameSense is subject to the investigatory and enforcement powers of the US Federal Trade Commission (“FTC”).

 

Questions

 

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at info@gamesensesports.com.