Uphoria™

Privacy Policy

Last Modified on December 19, 2019

Introduction

When you use our Services, you are trusting Fan Three Sixty, LLC (“FTS,” “we,” “us” or “our”) and our Clients with your information. This Privacy Policy is meant to help you understand:

  • what Personal Information we collect from you (a “User”), our Clients, and other third parties in connection with the services;
  • why we collect it;
  • how we use and share 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. If you do not understand any of the terms used below, please see the information we have provided under Definitions below.

Applicability

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 Terms of Use, which also apply to all Users. Personal Information that you generate while using the Services (“User Data”) is collected into a database that is administered by us and accessible by both the applicable Client and us. Our Clients may also upload Personal Information (“Client Data”) into a database that is administered by us. This Privacy Policy discloses our privacy practices with respect to our collection, use, and disclosure of User Data and Client Data (“Platform Data”).

Our Privacy Policy does not apply to services offered by any 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. Each Client’s use of any Personal Information that may exist within the Services are governed by the Client’s own privacy policies and practices. Our Privacy Policy 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 the applicable Client and of each and every external application, website and or service that collects Personal Information from or about you.

Changes to This Privacy Policy

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 or an in-application notification if we subsequently decide to use your User Data in a different way than we told you when you provided it. 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.

The Information We Collect

We collect the following types of User Data.

  • 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) 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 text messages or emails that are sent to or from FTS or a Client, or that you initiate 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 User Data in the following ways.

  • Information Provided During Registration: Many of our Services require you to register with us in order to use them. 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 User Data 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 User Data 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 User Data when you contact us for support or any other reason.
  • Information We Collect from Integrated Platforms: You may choose to connect your account with Facebook, Twitter, Google, or other third-party platforms. We collect certain Account, Behavioral, Demographic, Device, Preferential, or Social Information and User-Generated Content from those integrations according to the terms of use for those platforms.
  • Log Information: When you use our Services, we automatically collect and store Device Information, including the following:
    • 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.
    • Cookies and Similar Technologies: We may use cookies and similar technologies to recognize you when you use the Services using the same device, and to collect Account, Device, Behavioral, and Social Information. All of this information is used to customize your experience using the Services. You can choose to disable some cookies, but doing so may prevent you from utilizing certain functions available within the Services.
    • Local Storage: We may collect certain information about you (including User Data) 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 use your Platform Data to predict or confirm certain other Personal Information about you (“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

By providing Platform Data, you consent to our use of that Platform Data as described in this Privacy Policy and our Terms of Use. We use your Platform Data to provide, maintain, protect, and improve the Services, to develop new services, and to protect our users or ourselves. For example, we use this information to:

  • provide and secure wireless internet access (our “Wi-Fi Service”);
  • provide registration services to our Clients (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, the applicable Client, teams, stadiums or other venues, related sponsors and partners, 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.

If you are using our Services from any location outside the USA, please note that your Platform Data may be transferred to, used, stored, and otherwise processed in the USA.

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 FTS when we have your consent to do so.
  • For external processing: We may provide Personal Information to our Client, affiliate, or other trusted business or person (a “Service Provider”), and any related retail locations to perform various functions relating to the Services for us or for our Client, based on our instructions and in compliance with our Privacy Policy and other appropriate confidentiality and security measures.
  • 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.
  • 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.
  • 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 publicly share aggregated information to show trends about the general use of the Services.

Accessing, Correcting, Updating and Removing Your Platform Data

If your User Data changes, or if you no longer wish to receive non-account specific information from us, you can access, correct, update or remove your Platform Data by emailing your request to us as provided under Contact Information below or by using the functionality contained in the Services (where applicable). 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 access and correction assistance, 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 User Data 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 User Data, and your experience in using the Services will not be as personally tailored. Certain User Data 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 User Data to third parties that are not agents of, or providers of service to, us, or (ii) our use of your User Data for direct marketing purposes by contacting us as provided in Contact Information below, by visiting https://webreg-fts.theuphoria.com/data_privacy_request, or by 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 User Data 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 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.

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 encrypted in transit when it is exchanged between your 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.

Children’s Privacy

This Section of the Privacy Policy applies only to use of the Services by children and to any Platform Data we collect that could be used to identify a child. Terms defined elsewhere in this Privacy Policy have the same meanings within this section.

Information We Collect From and Concerning Children

We do not knowingly allow children under the age of 13 to create accounts or provide Platform Data without written parental consent.  If we discover that any registered account belongs to a child under 13 for whom we do not have written parental consent, we immediately disable and delete that account.

Information Our Clients May Upload to the Services Concerning Children

The Services are not designed or marketed for use in connection with youth sports activities, but some Clients may choose to upload Client Data to a custom Uphoria™ mobile application for that purpose, such as:

  • 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 youth sports activities.

FTS requires its Clients to obtain appropriate parental consent in writing before they share these forms of Client Data with FTS, but each Client’s collection, use, and disclosure of these forms of Client Data is governed by its own privacy practices. 

How We Use and Disclose Children’s Personal Information

We do not knowingly disclose the Personal Information of children under 13 without written parental consent. 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.

Accessing and Correcting Your Child’s Personal Information

If you believe that your child or any other child under 13 has created an account with the Services without obtaining written parental consent, please contact us as provided under Contact Information below.

If any child under 13 has created an account with the Services, the child or the child’s parent may review the child’s Platform Data, require us to correct or delete that Platform Data, or refuse to permit us from further collecting or using the child’s Platform Data by contacting us as provided under Contact Information below. Please note that our removal of any such information may not remove all traces of the Personal Information contained within the Personal Information to the extent that the same Personal Information exists in User-Generated Content, Client Data, our backup and compliance systems, etc.

Retention of Personal Information

We retain Personal Information to provide the Services 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.

European Privacy Rights

This Section applies only insofar as you use the Service from the European Economic Area. For GDPR purposes, 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 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;
  • Because you have provided your consent for us to do so; or
  • Because it is in our legitimate interest to run a successful and efficient business and provide you with the Services and other useful content.

Data Transfer

In order for us to provide the Services to you, any User Information you provide and any other Personal Information about you will be transferred to, stored in, and processed in the United States. FTS complies with GDPR to the extent that it is required to do so by contract or by applicable law. Where GDPR applies, transfers of Personal Information from the European Economic Area 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 safeguards we put in place.

Data Subject Rights

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.

Access

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.

Portability

You have the right to receive a subset of your Personal Information 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.

Correction

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.

Erasure

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.

Objection

You have the right to object to our processing of Personal Information 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 your Personal Information 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 Information, you can withdraw your consent at any time by contacting us as provided under Contact Information below.

Complaint

You have a right to lodge a complaint with a supervisory authority.

California and Nevada Privacy Rights

This Section applies solely to users of the Website who reside in the States of California or Nevada (“Californians and Nevadans”), and is adopted pursuant to CCPA and NRS § 603A.

Information We Collect

The Website has collected, disclosed for a business purpose, and sold the following categories of Personal Information, Device Information, and Other Information from its Californians and Nevadans, within the last twelve (12) months:

Category

Examples

Collected

Disclosed

Sold

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

YES

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some Personal Information included in this category may overlap with other categories.

YES

YES

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES

YES

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

YES

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

NO

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a Californian’s or Nevadan’s interaction with a website, application, or advertisement.

YES

YES

YES

G. Geolocation data.

Physical location or movements.

YES

YES

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

YES

YES

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

NO

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

NO

NO

K. Inferences drawn from other Personal Information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

YES

YES

YES

 

Californians’ and Nevadans’ Rights and Choices

You have the right to request that FTS disclose certain information to you about our collection and use of your information over the past 12 months. Once we receive and confirm your verifiable request (see Exercising Californian or Nevadan Access, Data Portability, and Deletion Rights), we will disclose to you any of the following data that were designated in the verifiable request:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling any Personal Information.
  • The categories of third parties with whom we share Personal Information.
  • The specific pieces of Personal Information we collected about you.
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Californians and Nevadans’ Deletion Request Rights

You have the right to request that FTS delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our Service Providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our Service Provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another Californian or Nevadan to exercise their free speech rights, or exercise another right provided for by applicable law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that we reasonably believe would be aligned with your expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Californian or Nevadan Access, Data Portability, and Deletion Rights

To exercise the Californian or Nevadan access, data portability, and deletion rights described above, please submit a verifiable request to us as described under Contact Information below. Only a Californian or Nevadan, or a person registered with the California or Nevada Secretary of State that a Californian or Nevadan has authorized to act on his or her behalf, may make a verifiable request related to his or her Personal Information. Parents of Californians or Nevadans may also make a verifiable request on behalf of their minor child.

You may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable request does not require you to create an account with us, but we will treat requests made through your password protected account as sufficiently verified when the request relates to Personal Information associated with your specific account. We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

Verifiable Request Response Timing and Format

We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time (up to either 45 or 90 days, depending on complexity), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Californian or Nevadan Personal Information Sales Opt-Out and Opt-In Rights

Children 16 years of age or older or their parents have the right to direct us to not sell their Personal Information at any time, but please not that we do not sell the Personal Information of any Californian or Nevadans and Nevadans that we actually know are less than 16 years of age unless we receive affirmative authorization from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Californians and Nevadans who have opted into Personal Information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

https://webreg-fts.theuphoria.com/data_privacy_request

If you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. You may opt back in to Personal Information sales at any time. You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain incentives permitted by the CCPA that may result in different prices, rates, or quality levels. Any CCPA-permitted incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in an incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (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

This provision applies to Australian users only. By accessing, signing into or registering to use the Services and by providing your Platform Data you confirm that you consent to the collection, use, storage and disclosure of your Platform Data by us. This includes information about how you may seek to access and correct your Platform Data held by us. If you do not agree and consent in the manner set out in this clause, then you should not provide your Platform Data (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.

Contact Information

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

Definitions

  • Browser – 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.
  • CCPA – “CCPA” refers to the California Consumer Privacy Act.
  • Client – the Client is team or venue for which FTS develops and brands a custom Uphoria™ mobile application.
  • Cookie – a cookie is a small text file that is created by a website that is stored on a user’s computer either temporarily (known as a “session” cookie) or indefinitely (known as a “persistent” cookie). Cookies provide a way for a website to recognize you and keep track of your internet preferences.
  • 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.
  • GDPR – “GDPR” refers to the European Union’s General Data Protection Regulation 2016/679.
  • GNSS – Global Navigation Satellite Systems (“GNSS”) are networks of satellites that work in conjunction with GNSS receivers to determine the receiver’s location on the surface of the earth. Many smartphones and other devices incorporate a GNSS receiver.
  • Hardware – Hardware means a physical component 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. Smart phone hardware may include a touch screens, GNSS receivers, hard drives or other long-term storage, or other components.
  • 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 AddressesAn Internet Protocol Address (“IP address”) is the numerical label that is assigned to each computer, printer or device within a computer network that uses the Internet Protocol for communication.
  • Messaging Service – The Messaging Services include email, text messaging, in-app communications, and other related means of communication provided by FTS or a Client.
  • 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 – Personal Information includes any information that could reasonably be used to identify you.
  • Pixel TagsAlso 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.
  • ServicesThe Services include this website, the Uphoria™ mobile application, any custom Uphoria™ mobile application developed and branded for a particular Client, the Messaging Service, the Registration Service, the Wi-Fi Service (including Wi-Fi registration pages), and any related services provided by FTS to You.