Last Modified on September 21, 2018
- 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.
The Information We Collect
We collect the following types of Personal Information from all of our users.
- Account Information: We collect information you use to register with the Services (such as user names and passwords). If you choose to add it, we may also link credit card or other payment information to your account.
- Behavioral Information: We collect and derive information about your interactions with vendors, teams, venues, and any other parties that occurs through or in connection with your use of the Services. We also collect check-ins, page views, and other interactions you may have with the Services.
- Demographic Information: We collect name and contact information (which may include email address, phone number, and street or mailing address) from our users in order to effectively communicate with you. Depending on how you use the Services, we may also collect or derive information such as age, gender, race, ethnicity, face or facial profile, and education or income level.
- Device Information: By default, we collect information about the device you use to access the Services including its MAC address, IP address and other network information, hardware model, software version, operating system, browser language, crashes, system activity, communication activity (such as the fact that voice calls, text messages, or emails were initiated from within the Services, and geolocation. If you add it, we may also collect information about other property that you own, such as vehicles.
- Preferential Information: We collect and derive information about your preferences. Depending on how you use the Services, this may include information such as your favorite players, teams, vendors, venues, concessions, merchandise, etc.
- Social Information: Depending on how you use the Services, we may collect information about your social interactions within the Services or with social networks that you connect to or access from the Services.
- User-Generated Content: We collect content that you write, photograph or otherwise create using the Services, including any information from the other categories listed in this section contained within that content.
How We Collect Information
We collect Personal Information in the following ways.
- Information Provided During Registration: Many of our Services require you to register with us. When you register, you create Account Information, provide Device Information, and may add certain Demographic or Social Information depending on the context of that registration.
- Information We Collect from Your Use of the Services: You may also provide Personal Information through the normal use of the various features available within the Services.
- Public Profiles: Our Services are designed to let fans interact with teams, venues, and each other, so we may ask you to create a public profile. You may disclose as much or as little Personal Information as you like when you create that profile, and certain information like your name and profile picture will be updated in that profile if you change them.
- Interactions: As you use the Services to interact with teams, vendors, venues, or other users, we collect or derive Behavioral, Device, Preferential, and Social Information from those interactions.
- User-Generated Content: We collect content that you write, photograph or otherwise create or share using the Services, including any Personal Information contained within that content such as a picture depicting your face.
- Communication with Us: You may also provide us with any type of Personal Information when you contact us for support or any other reason.
- Log Information: When you use our Services, we automatically collect and store Device Information.
- Unique Application Numbers: Each 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 may collect certain information about you (including Personal Information) that is stored locally on your device using technologies such as browser web storage (including HTML 5) or application data caches.
- Information We Derive from Your Use of the Services: We may combine some of your Personal Information with other Personal Information or your use of the Services to predict or confirm certain other Personal Information about you (which we call “Derived Information”). For example:
- If you repeatedly engage in a certain transaction or type of transaction, we may use that Behavioral Information to derive Preferential Information such as your preference for particular concessions, match dates and times, or sections within a venue.
- If you designate a favorite team, we may use your Preferential Information to derive other Preferential Information such as a preference for that team’s apparel or venue.
- If you supply us with your home or work address, we may use your Demographic Information to determine likely Behavioral or Demographic Information, such as approximately how long it may take for you to travel to a venue.
- When you supply certain Device Information to us such IP address, GNSS, or cellular network information, we may use that Device Information to derive Behavioral Information such as your physical location at a given point in time.
Use of Information
- provide and secure wireless internet access (our “Wi-Fi Service”);
- provide registration services to our customers (our “Registration Service”);
- create a unique, personalized experience for you in connection with various teams, stadiums, other venues, related sponsors and partners, or related retail locations;
- understand your use of the Services;
- 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;
- unlock exclusive information and features within the Services based on your location in and around various stadiums or other venues, related sponsors and partners, or 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;
- 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, stadium or other venue, related sponsor or partners, or related retail location and transaction;
- promote and market FTS, teams, stadiums or other venues, related sponsors and partners, clients, related retail locations or businesses therein, or various products and services;
- 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 think 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.
Information We Share
We do not share Personal Information with companies, organizations, or individuals outside of FTS 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. This includes the team or venue whose name is branded onto the application that you download and use.
- For legal or security 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 any 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.
- The information is not personally identifiable: 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 or remove Personal Information about you that we have collected by emailing your request to us as provided under Contact Information below or by using the functionality contained in the Services (where applicable). 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.
Your Opt-Out Rights and Other Choices
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 must be disclosed before you will be able to access any part of the Services.
- Opting Out. You can, at any time, opt-out of (i) our disclosure of your Personal Information to third parties that are not agents of, or providers of service to, us, or (ii) our use of your Personal Information for direct marketing purposes by contacting us as provided in Contact Information below or using the opt-out mechanisms contained in the Services (where applicable). 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 that information using social functionality in the Services).
- Do Not Track Signals. Most web browsers can be configured to automatically transmit a “Do Not Track” signal to websites and online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Services currently do not alter their operations when they receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may visit https://www.allaboutdnt.com.
- Third Party Ad Networks. To exercise choices regarding advertising customization by third-party ad networks, you may visit the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp) or YourAdChoices (http://www.optout.aboutads.info) websites.
- Google Analytics. You can opt out of Google Analytics without affecting your experience with the Services. For more information on opting out of being tracked by Google Analytics across all websites you use, you may visit https://tools.google.com/dlpage/gaoptout.
- Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, you may visit https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_managr07.html.
Protection of Personal Information
We place great importance on protecting our Users and ourselves from unauthorized access to, or the unauthorized alteration, disclosure or destruction of, the information we collect.
- Information Security. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems, according to a written information security program. 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.
- Shared Information. 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.
Kids love sports, too. While the Services are not directed at children under 13 years of age (“children”), and we do not knowingly collect Personal Information from children, we recognize that children may use the Services without ever providing Demographic Information that would enable us to identify them. We also build certain custom applications that enable coaches, friends, parents and legal guardians (“parents”), and other family members to engage with children’s sports activities like tournaments (“Youth Sports Applications”), which necessarily rely on Personal Information that could be used to identify children.
- The types of information we may collect from children.
- How we use the information we collect.
- Our practices for disclosing that information.
- Our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke consent.
- All operators that collect or maintain information from children through this
Information We Collect from and Concerning Children
We do not knowingly collect Personal Information from any child. Children may generally use the Services and provide Personal Information unless or until they provide or we derive Demographic Information that indicates their childhood. If we discover that any user is a child, we immediately disable and delete that account.
Our Youth Sports Applications may collect Demographic or Behavioral Information given to us by coaches or parents, such as (but not limited to):
- lineups or rosters that may include children’s names, jersey numbers, and other demographic information such as height, weight, or dominant-handedness;
- schedules that show the past, present, or future physical location of children; or
- User-Generated Content such as box scores or game summaries that includes Demographic or Behavioral information about children’s participation in the activities for which the application was built.
Any coach or other third party that wishes to share children’s information in this way on our Services must obtain the consent of those children’s parents for doing so in writing, must share that written consent with us, and is prohibited from disclosing any more information than is reasonably necessary to participate in the activity for which the application was created. We do not allow any third-party operator to collect information from within our Youth Sports Applications.
How We Disclose Children’s Personal Information
We do not knowingly disclose the Personal Information of children that use or attempt to use the Services, but we may be unable to control the types of information that children unidentified as such send or post through the Services. We encourage parents to educate their children about safety online and to carefully monitor their children’s use of social media and other online applications to ensure they do not disclose their personal information through them. We may disclose Personal Information within each Youth Sports Application to the Sponsor for whom we develop that application, to parents as provided under Accessing and Correcting Your Child’s Personal Information below, and to other users of that application (e.g. other parents, coaches, etc.) during normal use of that application.
Accessing and Correcting Your Child’s Personal Information
If you believe that your child or any other child has an account with the Services, please contact us as provided under Contact Information below.
At any time, you may review your child’s Personal Information within our Youth Sports Applications, require us to correct or delete that Personal Information, or refuse to permit us from further collecting or using your child’s information by contacting us as provided under Contact Information below. We may require you to verify your identity before disclosing the child’s information to you in order to ensure the child’s privacy.
Retention of Personal Information
We retain your Personal Information to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your Personal Information for no more than 7 years following the date on which you terminate your use of the Services, unless we are otherwise required by law or regulation to retain your Personal Information for longer.
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 or write to us as provided under Contact Information below to submit your request.
Australian Privacy Rights
European Privacy Rights
For the purposes of the European Union’s General Data Protection Regulation 2016/679 (“GDPR”), We may act as a controller or processor depending on the particular Service.
Legal Basis for Processing Your Information
Depending on what information we collect from you and how we collect it, we rely on various grounds for doing processing your information under the GDPR, including the following reasons:
- In order to administer our contractual relationship, including setting up your requested Services, payments, renewals and processes;
- In order to fulfill any legal obligations we may have; or
- Because you have provided your consent for us to do so.
- Because it is in our legitimate interest to run a successful and efficient business and provide you with the Services and other useful content;
In order for us to provide the Services to you, your Personal Information will be transferred to, stored in, and processed in the United States. FTS complies with GDPR only where it is required to do so by contract or by applicable law. Where GDPR applies, we will take the following steps to safeguard any data transfer outside the European Economic Area. Transfers of Personal Information to our affiliates or third parties will be under the Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2004/915/EC and 2010/87/EU. You may contact us as described under Contact Information below to obtain a copy of the data transfer agreement or more information regarding the relevant safeguard we put in place.
Data Subject Rights
Where GDPR applies, in certain circumstances and subject to data processing agreements, you may have rights in relation to the Personal Information we hold about you in addition to or in lieu of those set forth under Accessing, Correcting, Updating and Removing Your Personal Information above . We set out below an outline of those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. To exercise any of your rights, please contact us as provided under Contact Information below . Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
You have the right to know whether we process Personal Information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
You have the right to receive a subset of the Personal Information you provide us if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used and machine-readable format and a right to request that we transfer such Personal Information to another party. If you wish for us to transfer the Personal Information to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the Personal Information or its processing once received by the third party.
You have the right to require us to correct any Personal Information held about you that is inaccurate and have incomplete data completed. Where you request correction, please explain in detail why you believe the Personal Information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the Personal Information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
You may request that we erase the Personal Information we hold about you if:
- You believe it is no longer necessary for us to hold the Personal Information;
- We are processing it on the basis of your consent and you wish to withdraw your consent;
- We are processing your data on the basis of our legitimate interest and you object to such processing;
- You no longer wish us to use your data to send you marketing; or
- You believe we are unlawfully processing your data.
Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure.
Restriction of Processing to Storage Only
You have a right to require us to stop processing the Personal Information we hold about you other than for storage purposes in the following circumstances:
- You believe the Personal Information is not accurate for the period it takes for us to verify whether the data is accurate;
- We wish to erase the Personal Information as the processing we are doing is unlawful but you want us to simply restrict the use of that data;
- We no longer need the Personal Information for the purposes of the processing but you require us to retain the data for the establishment, exercise or defense of legal claims; or
- You have objected to us processing Personal Information we hold about you on the basis of our legitimate interest and you wish us to stop processing the Personal Information while we determine whether there is an overriding interest in us retaining such Personal Information.
You have the right to object to our processing of data about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims. You also have the right, at any time, to object to our processing of data about you in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
Withdrawal of Consent
Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time by contacting us as provided under Contact Information below .
You have a right to lodge a complaint with a supervisory authority.
1511 Baltimore Ave
Kansas City, MO 64108
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- MAC Addresses – a Media Access Control Address (“MAC address”) is a hardware identification number that uniquely identifies an individual device within a network.
- Personal Information – Information that could be used to identify you.
- 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.
- Sensitive Personal Information – This special category of Personal Information includes information that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, union membership. It also includes any genetic data, biometric data used for identification purposes, data concerning your health, or data concerning sexual orientation or activity.