Privacy Policy

Uphoria™

Privacy Policy

Last Modified on 11/15/2017

When you use this website, the Uphoria™ mobile application, the Registration Service (including Wi-Fi registration pages), and related services ("Services"), you are trusting Fan Three Sixty, LLC ("FTS," “we,” “us” or “our”) with your information. This Privacy Policy is meant to help you understand:

  • what personal information we collect from you and other users of the Services (each a "User");
  • why we collect it;
  • how we use it; and
  • the choices you have for accessing, managing and updating it.

 

Please take the time to read this Privacy Policy carefully. As you use our Services, we want you to understand how we are using any personal information we collect from you and the ways in which you can protect your privacy. We have tried to keep our Privacy Policy as simple as possible, but if you do not understand terms like cookies, IP addresses, pixel tags and browsers, then please read more about these key terms first.

The terms of this Privacy Policy apply to you and all users of the Services, and they should be read with our terms of service in our End User License Agreement (EULA), which also apply to you and all users of the Services. If you are using our Services from any location outside of the United States of America ("USA"), please note that the personal information we collect will be transferred to -- and used, stored and otherwise processed in -- the USA, which is where we are based. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you when you use the Services or other sites linked from our Services. Our Privacy Policy also does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads. We encourage you to read the privacy statements of each and every external application, website and or service that collects personal information from or about you.

We reserve the right to change, add or remove any portion of this Privacy Policy at any time by updating this page. You are responsible for periodically visiting this page to review any changes to this Privacy Policy since your last visit. You can easily tell whether there have been any changes since your last visit by viewing the "Last Modified" date at the top of the Privacy Policy, so please visit this page frequently. We will notify you by email if we subsequently decide to use your personal information in a different way than we told you when you provided it so that you can decide whether we can use your personal information in this new way. Your use of the Services following the posting of any changes to this Privacy Policy constitutes your express acceptance of, and consent to, its terms. If you do not understand, or if you do not agree with, any of the terms of this Privacy Policy, you should immediately stop using the Services. Privacy Policy Effective Date and Notice of Changes

If you have any questions about this Privacy Policy or the use of your personal information, please contact us at the by sending an email to support@fanthreesixty.com or by writing to the following address:

Fan Three Sixty

ATTENTION: Privacy Policy

1511 Baltimore Ave

Kansas City, MO 64108

 

The Information We Collect and How We Collect It

We collect information from all of our users so that we can deliver a unique, personalized experience for each user, and so that we can improve the Services. We collect information in the following ways:

  • Information you give us: We collect information about the Services you use and how you use them, including the following:
    • Registration: Many of our Services require you to register with us. When you register, we will ask you for personal information to store with your account, including your name, address, date of birth, gender, email address(es), telephone number(s), user identification, passwords, answers to security questions, and credit card information email addresses, text messaging information and other contact information associated with electronic or digital messaging methods, vehicles, payment information, demographic, preferential and behavioral information.
    • Public Profiles: We may ask you to create a publicly visible profile so that you can enjoy all of the benefits of the Services. You may provide us personal information when you create the profile.
    • Use of the Services: You may also provide personal information through the normal use of the Services, including responses, postings, pictures or comments that you may provide to activities, content uploads, interaction with third party apps, interactions with various teams, communications with us, and any other information or pictures you may voluntarily provide.
    • Communicating with us: You may also provide us with personal information when you contact us for support or with questions.

 

  • Information we collect from your use of our Services: We collect information about the Services you use and how you use them. This information includes:
    • Device Information: We collect device-specific information (including, for example, your hardware model, operating system version, unique device identifiers, mobile network information, and phone number), which we may associate with your account.
    • Log Information: When you use our Services, we automatically collect and store certain information in log files, including, for example:
      • Details about how you use our Services, including passwords, logins, individual device identifiers, geo-location statistics, check-ins, page views, content uploads and other information about how you interact with the Services;
      • Internet protocol addresses;
      • Device event information like crashes, system activity, hardware settings, browser type, browser language and the date and time of various actions you have taken;
      • Telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls; and
      • Cookies that may uniquely identify your browser or your account.
  • Location information: When you use our Services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide us with information about nearby devices like Wi-Fi access points and cell towers.
  • Unique application numbers: The Uphoria™ mobile application includes a unique application number that, along with information about your installation, will be sent to us when you install or uninstall the application or when the Services periodically contact our servers for updates.
  • Local storage: We do not collect and store information (including personal information) locally on your device, however, certain integrated partners of our clients may use mechanisms like browser web storage (including HTML 5) and application data caches.
  • Cookies and similar technologies: A cookie is a tiny data file that resides on your device that allows us to recognize you when you use the Services using the same device. Like the information you enter during account registration, cookie and log file data us used to customize your experience using the Services. One type of cookie, known as a “persistent” cookie, is set once you have logged in to the Services. The next time you use the Services, the persistent cookie will allow us to recognize you so you will not need to log in before using the Services. Another type of cookie, called a “session” cookie, is used to identify a particular session with the Services. Session cookies expire after a short time or when you close the Services. You can choose to disable cookies, however this will prevent you from utilizing certain functionality of the Services.

 

Not all of the information that we collect from you is personally identifiable, but we may associate it with personally identifiable information that we have collected.

Use of Information

We use your personal information to provide, maintain, protect, and improve the Services, to develop new services, and to protect us and our users. For example, we use this information to:

  • create a unique, personalized experience for you in connection with various teams, venues/stadiums, their related sponsors and partners, and related retail locations;
  • understand your use of the Services and to make improvements to our Services and our other products and services (including, without limitation, Uphoria, FanThreeSixty™ and other existing and future products and services);
  • fulfill our service offerings and administer the Services;
  • register you for online activities such as online ordering, mobile registration, or any other online interactive activities;
  • respond to specific requests from you;
  • provide tailored information and features regarding your use of the Services, including tailored information based on your location in and around various venues/stadiums, their related sponsors and partners, and related retail locations and transactions;
  • protect the security or integrity of the Services;
  • prevent unauthorized use or disclosure of content that has been downloaded or otherwise accessed via the Services;
  • provide any necessary notices to you if situations prompt such notification;
  • communicate with you through email and notices via the Services, including, for example, notices of special promotions, offers or solicitations relating to your experience with a team, venue/stadium, their related sponsors and partners, or related retail locations;
  • promote and market FanThreeSixty, teams, venues/stadiums and their related sponsors and partners, clients, related retail locations and businesses therein and various products and services and to assist in the business planning, marketing, advertising and sales efforts of the foregoing parties; and
  • send you promotional information, products and services offered by third parties that we feel may be of interest to you, including information about new developments, events, features and enhancements, special offers, upgrade opportunities, surveys, contests, news and general offers.

 

We may also allow other companies, called ad networks, to serve advertisements to Users via the Services. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. We may “target” some ads to Users that fit a certain general profile. To deliver these ads properly, the Services may include features that allow monitoring technologies so that the ad networks are able to provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you. Ad networks may use non-personal information, such as your state zip code, past buying behavior, in order to provide advertisements about goods and services that may be of particular interest to you while you use the Services.

Information we share

We do not share personal information with companies, organizations and individuals outside of FanThreeSixty unless one of the following circumstances applies:

  • With your consent: We will share personal information with companies, organizations or individuals outside of FanThreeSixty when we have your consent to do so or when necessary to facilitate your transactions with our third-party partners. We require opt-in consent for the sharing of any sensitive personal information.
  • For external processing: We provide personal information to our partners, affiliates or other trusted businesses or persons (generally, each supported team, venue/stadium, their related sponsors and partners, and related retail locations) to process it and perform various functions relating to the Services for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
  • For legal reasons: We will share personal information with companies, organizations or individuals outside of FTS if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
    • meet any applicable law, regulation, legal process or enforceable governmental request.
    • enforce applicable EULA, including investigation of potential violations.
    • detect, prevent, or otherwise address fraud, security or technical issues.
    • protect against harm to the rights, property or safety of FTS, our users or the public as required or permitted by law.
  • For a potential sale, merger, or acquisition: In the event of a potential sale, merger, acquisition, or similar event relating to FTS or the Services, we may share personal information with the other parties involved in the event. If we are involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information, and we will notify affected users by email before personal information becomes subject to a different privacy policy.

 

We may share non-personally identifiable information publicly and with our partners and potential partners – like investors, publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of the Services.

Accessing, Correcting, Updating and Removing Your Personal Information

If your personal information changes, or if you no longer wish to receive non-account specific information from us, you can access, correct, update and/or remove personal information about you that we have collected by emailing your request to us at support@fanthreesixty.com or by using the functionality contained in the Services (if any). When updating your personal information, we may ask you to verify your identity before we act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems). Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We seek to protect information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems. Unless you request that we remove your personal information, we will retain it for as long as your account and use of the Services remain active and for a period of time after that in order to provide you with the unique, personalized experiences generated by the Services.

Disclosure of Personal Information and Your Opt-Out Rights

You can choose whether or not to disclose certain personal information when we ask you to do so, but some Services or functions may be more difficult or impossible to use if you choose not to disclose certain Personal Information, and your experience in using the Services will not be as personally tailored. Certain Personal Information may be disclosed before you will be able to access any part of the Services.

You can, at any time, opt-out of us (i) disclosing your personal information to third parties that are not agents of, or providers of service to, us, or (ii) using of your personal information for direct marketing purposes by contacting us at support@fanthreesixty.com or using the opt-out mechanisms (if any) contained in the Services. To opt out of further communications from a marketing partner or sponsor with whom your information has already been shared, please contact that partner directly. Please note that, even if you have opted out of sharing with third parties, your personal information may still be disclosed to third parties to the extent that you provide it to third parties using the Services (e.g., by posting it using functionality in the Services).

Protection of Personal Information

We place great importance on protecting us and our Users from unauthorized access to, or the unauthorized alteration, disclosure or destruction of, the information we collect. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Information about Users that is maintained on our systems (or the systems of those who provide service to us or on our behalf) is protected using industry standard security measures. In order to secure your personal information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Site. However, no security measures are perfect or impenetrable, and we cannot guarantee that your personal information will be completely secure. We are not responsible for the circumvention of any privacy settings or security measures of the Services by any Users or third parties. As such, we recommend that you use caution whenever submitting personal information online whether to us or to anyone else.

In the event you include your personal information in content that you post to the Services, the personal information may be available to any or all other parties using those Services. We may voluntarily edit or otherwise remove such personal information from your post on the Services, but we have no obligation to do so. If you do not wish to have your personal information made available in this manner, you must remove any personal information from your content before you post it to the Services. User contact information (which may include, without limitation, a User’s username and email address) may be included with any User Content that a User posts via the Services. We are not liable for any damages caused or incurred due to any personal information that is made available via the Services.

Children’s Privacy

The Services are not directed at children under 13 years of age, and we do not knowingly collect Personal Information from children under 13 years of age. If you believe we may have information about a child who is under 13 years of age, please notify us immediately at support@fanthreesixty.com.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users that are residents of California to request certain information regarding our disclosures of personal information to third parties for such third parties’ direct marketing purposes. Please email us at support@fanthreesixty.com or write us at the address above to submit your request.

For Our Users In Australia: Your Australian Privacy Rights

This provision applies to Australian users only. By accessing, signing into and/or registering to use the Services and by providing your personal information, you confirm that you consent to the collection, use, storage and disclosure of your personal information by us. This includes information about how you may seek to access and correct your personal information held by us. If you do not agree and consent in the manner set out in this clause, then you should not provide your personal information (in which case we may determine that you are not able to access the Services). All personal information collected or acquired by us as part of or in connection with the Services will be used and may be disclosed by us in accordance with our Privacy Policy and this clause. Without limiting the above, we will use your personal information in order to provide the Services and for related purposes and services, and to communicate with you (including through electronic messaging and for promotional and direct marketing purposes) about events, programs, promotions, offers and other activities at venues or about the third party products of our partners. We may disclose your personal information and other data to certain third parties who provide it with (or help it provide) products and services (including to its related entities, sponsors, partners and services providers (including third parties located in the United States of America)). We may also disclose your personal information to its partners and other third parties for the purposes of them direct marketing to you. You agree and accept that the data and personal information you provide to us can be shared with all such third parties referred to in this clause for these and related purposes. We will comply with all applicable Australian privacy legislation.

KEY TERMS DEFINED

Cookies - a cookie is a small text file that is created by a website that is stored on a user’s computer either temporarily (for that user session only0 or permanently on the hard drive of the computer (e.g. a persistent cookie).  Cookies provide a way for a website to recognize you and keep track of your internet preferences. 

Browsers - a browser is a computer application program that allows a user to look at and interact with information on the Internet.  Generic uses of the term “browser” relates to a users ability to browse, or navigate and read files online. 

EULA - An End User License Agreement (“EULA”), is a legal contract between a software developer or vendor and the user of the software. A EULA specifies in detail the user’s rights and restrictions that apply to the software.

Hardware - Hardware is the physical parts of a computer system, which includes the keyboard, mouse, monitor, and computer case as well as all the parts inside the computer case, such as the hard disk drive, motherboard, video card, and other parts of the computer that you can physically touch.

HTML - HyperText Markup Language (“HTML”), is the authoring language used to create pages on the Internet. HTML is a set of tags or codes that provide a web browser with direction on how to structure information and features on a web page.

IP addresses - An Internet Protocol Address (“IP address”) is the numerical label that is assisgned to each computer, printer or device within a computer network that uses the Internet Protocol for communication. 

Pixel Tags - Also known as a clear GIF or web beacon, a Pixel Tag is an invisible tag placed on certain pages of our website but not on the user’s computer. When a user accesses these pages, pixel tags generate an unspecific notice of that visit.  Pixel Tags often work alongside cookies, keeping track of when a particular computer visits a certain page. If a user turns off the cookies on a computer, the pixel tag will simply detect an anonymous website visit.